Development of Scheduled Castes and Scheduled Tribes in India 1847186068, 9781847186065

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Development of Scheduled Castes and Scheduled Tribes in India

Development of Scheduled Castes and Scheduled Tribes in India

Edited by

Jagan Karade

Cambridge Scholars Publishing

Development of Scheduled Castes and Scheduled Tribes in India, Edited by Jagan Karade This book first published 2008 by Cambridge Scholars Publishing 15 Angerton Gardens, Newcastle, NE5 2JA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2008 by Jagan Karade and contributors All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-84718-606-8, ISBN (13): 9781847186065

Dedicated to Dr. Babasaheb Ambedkar

TABLE OF CONTENTS

Foreword .................................................................................................... ix R. S. Gavai Acknowledgments ...................................................................................... xi Chapter One................................................................................................. 1 Relative Disparity in the Implementation of Reservation Policy in India (With respect to Scheduled Castes) Praveen Jadhav Chapter Two .............................................................................................. 10 Globlisation and Scheduled Castes Suresh Kakde Chapter Three ............................................................................................ 19 Welfare of Nomadic Tribes: A Case Study of Maharashtra Babasaheb Ghatage Chapter Four.............................................................................................. 32 A Study of Social and Legal Dimensions of Atrocities against Scheduled Castes and Scheduled Tribes Manohar Koli Chapter Five .............................................................................................. 53 Problems of Women among the Kuki Tribes Tinkhonei Haokip Chapter Six ................................................................................................ 61 Untouchability: The Fact and The Illusion Paushali De and Runjhun Noopur Chapter Seven............................................................................................ 74 Conversion and Occupational Mobility among Scheduled Castes: A Comparative Analysis of Mahar and Buddhists Jagan Karade

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Table of Contents

Chapter Eight............................................................................................. 88 Globalization and Social Justice: Dr. Ambedkar’s View Point D.C. Kirtiraj Chapter Nine............................................................................................ 102 Exploitation of Scheduled Caste Women in the Name of Religion: A Devadasi Cult Pratibha Desai Chapter Ten ............................................................................................. 114 Development of the Dalits: Some Observations P.G. Jogdand Chapter Eleven ........................................................................................ 133 Locating Dalit Women in Women’s and Dalit Movements Smita Patil Chapter Twelve ....................................................................................... 153 Union Policy with perspective to Schedule Castes & Schedule Tribes Babita Tewari Chapter Thirteen...................................................................................... 160 The Role of Mahatma Phule Backward Class Development Corporation in Economic Upliftment of Scheduled Caste Community D.D.Shinde Chapter Fourteen ..................................................................................... 167 Government Endeavors: The Failure of Social Justice Theory in Practice Swagata and Nirupama Chapter Fifteen ........................................................................................ 179 Social Exclusion, Discrimination and Economic Deprivation of Dalits in India Ramesh Dandge and Gautam Kamble. Appendix I: Scheduled Castes in India (State wise)................................ 184 Appendix II: Scheduled Tribes in India (State wise)............................... 195 Contributors............................................................................................. 208 Index........................................................................................................ 211

FOREWORD R. S. GAVAI, GOVERNOR, BIHAR STATE, RAJ BHAVAN, PATNA 800022

At the outset I want to quote the speech delivered by Dr. Babasaheb Ambedkar on the third reading of the draft of Indian Constitution. He mentioned “On the 26th January, 1950 we are going to enter into life of contradictions. In politics we will have equality and in social & economic life we well have inequality. In politics we will be recognizing the principal of one man, one vote, one value. In our social & economic life we shall by reason of our social and economic structure, continue to deny the principal of one man, one value, how long shall we continue to deny it for long we will do so, only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment”

At the first time the suffering of these people agonized by the great soul of Lord Gautam Buddha. He introduced the concept of ‘equality’ to the society. This was the first opportunity imparted to these people to prosper and live in dignity. His ‘sainted’ path was later adopted by the world saints like Kabir, Eknath, Tukaram and so on. They actively participated to eradicate ‘untouchability’ which was a blot on humanity. In the 19th century the social reformers especially Mahatma Jyotiba Phule, Chhatrapati. Shahu Maharaja and Dr. Babasaheb Ambedkar started many movements to impart them human rights. After independence, the Constitution of India piloted by Dr. Babasaheb Ambedkar prescribed certain protection and safeguards for the SCs and STs with the objective of promoting their educational, economic and political interests. The Government has yet so far provided various plans and programmers offering them opportunities to develop. It provided general infrastructure and resource development-like providing educational facilities, health services and building communication networks etc.

x

Foreword

It is observed that the Government programmes - especially those pertaining to SC and ST welfare are never taken seriously, and there are no effective monitoring system to pinpoint the failures of the plan objectives. There are diversion of resources and lack of utility of the schemes. Therefore, the condition of these communities is still remained very miserable. Therefore, remedial measures and effective course corrections should have to be implemented. Most of the SC and ST communities are still striving to fulfill their basic needs of food, clothing and shelter. Besides these, today they require better opportunities to live in dignity and self-respect. Hence, ample opportunities should be made available to them, which would ensure them a secured and dignified life in this 21st century. I am sure this volume, painstakingly put together by Dr. Jagan Karade, Department of Sociology, Tilak Maharashtra University, Pune, will help to disseminate new ideas discussed at the Interdisciplinary National Seminar, understanding the development problems of SC and ST communities in India. I think the book compiled by Dr. Jagan Karade under the titled “ Development of Scheduled Castes & Scheduled Tribes in India” will be useful to all who are involved in the field of upliftment of SC/ST movement, who are research scholars and also who are interested in the subject. I am sure this volume will be used in future as a reference book. 14th April 2008

ACKNOWLEDGEMENTS DR. JAGAN KARADE

The present book is the outcome of the ICSSR sponsored National Seminar on ‘The problems of SC and ST and Discourse on Development in India’ organized by Department of Sociology, Tilak Maharashtra University Pune, in March 2007. This seminar was organised to commemorate the 80th year of the first movement for Human Rights organised at Mahad, led by late Dr. Babasaheb Ambedkar. I would like to express my sincere gratitude towards Honorable Governor of Bihar State (India) Mr. R.S. Gavai who kindly accepted my request to write foreword for this book. I am especially grateful to Hon. Dr. Deepak Tilak (Vice-Chancellor, Tilak Maharshra University Pune) and Dr. Umesh Keskar (Registrar), who supported me in this activity. I thank my staff members for their cooperation. I thank all co-authours, who have taken efforts to complete their articles. I greatly acknowledge the contribution of Mrs. Jyoti Patil, Mr. Sanjay Khilare, Mr. Shankar Bhoir for taking care of all the other pre-production of this publication. I am thankful to Cambridge Scholar Publishing Company, U.K. for taking interest to publish this book.

CHAPTER ONE RELATIVE DISPARITY IN THE IMPLEMENTATION OF RESERVATION POLICY IN INDIA (WITH RESPECT TO SCHEDULED CASTES) PRAVEEN JADHAV

1. Introduction In the ancient period of India, the backward castes had been denied all kinds of social and economic endowments. Hence, they had been lagging behind in the process of development. The social and economic deprivation among Scheduled Castes had been most common during pre and post-Independence. Therefore, there was a need of number of special safeguard policies. One of that is, ‘Reservation Policy’ in the Government Recruitment. The objective of the reservation policy is to eradicate the social and economic disparities which existed in the society. Article 15 (4) and 16 (4) of the Indian constitution has made provision of reservation for backward classes in educational institutions and public employment. The reservation policy has to be followed by both, Central and State government. “When the first Backward Classes Commission was constituted on 29th January, 1953 under the chairmanship of Kakasaheb Kalelkar, he wanted economic backwardness to be the criterion and not caste in deciding backwardness. But he had to field to the majority of the 1 members who wanted caste to be the criterion, to decide the backwardness”. Finally, the government accepted the reservation policy. The social and economic up-liftment of SCs/STs could be made through the reservation policy. Social inequality is a product of Hindu-Caste System. Hence, protective discrimination policy like ‘reservation policy’ must be adopted. The Government of India has been following this policy in the recruitment. The reservation policy is being followed in recruitment and

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Chapter One

also in education. The author has analyzed here, the position of reservation in the Central recruitment and has tried to find out the rate of disparity in the implementation of reservation policy for Scheduled Castes. The disparity has been calculated in accordance with the reservation rate prescribed by the Government of India compared with the reservation position in the Central Government.

2. An Overview of Scheduled Castes: Past and Present The ‘Sudras’ were classified as inferior and the last varna to other three varnas, in ancient social system in India. Along with this several social, economic and political restrictions were imposed on them. This classified ‘Sudras’ includes various caste groups, which have suffered social and economic inequity since ages. They had to stay outside the village. The concept of pollution was attached to them and they were treated as untouchable castes.2 These untouchables or castes were officially defined as depressed castes in 1932 and they were systematically listed in the 1931-Census of India. Gandhi named the untouchables as ‘Harijans’. ‘Hari’ means ‘God’ and ‘Jan’ means ‘People’, i.e. ‘People of God’. The meaning of this word in Hindi, Marathi and other languages is, ‘ a child, whose father’s identity is unknown’.3 Therefore the name ‘Harijan’ was opposed and hated by the untouchables. The Simon Commission in 1935 first coined the term ‘Scheduled Castes’. All the untouchable castes, which were listed in 1931-Census of India, came to be known as the ‘Scheduled Castes’ (SCs) through the Government of India Act of 1935. In the mean time, the Government published a list of Scheduled Castes under the Government of India (Scheduled Castes) Order, 1936. The Government of India in postindependence period carried the same idea. According to the Constitution of India, under article 341(1), the President of India, after consultation with the Governor, may specify, “the castes, races, tribes or parts of groups within castes or races, which shall be deemed to be Scheduled Castes”. Accordingly the President has notified the Scheduled Castes in the order called ‘Constitution (Scheduled Castes) Order-1950’ and the ‘Scheduled Castes and Scheduled Tribes List (Modification) Order-1956’. However, under article 341(2), the Parliament of India by law can include or exclude the above-mentioned groups from the list of the Scheduled Castes. In a simple way, in contemporary period, the Scheduled Castes are defined under article 366 (244) of the Constitution of India as, “ the

Relative Disparity in the Implementation of Reservation Policy in India

3

Scheduled Castes means such Castes, Races, Tribes or parts of or groups within such Castes, races or tribes, deemed under article 341 to be Scheduled Castes for the purpose of this Constitution.”4 Thus the Scheduled Castes are those castes which are listed as Scheduled Castes in the Constitution of India. The Scheduled Castes constitute a significant demographic strength in India. In the year 1935, the Scheduled Castes were estimated as about 5 Crores., in the year 1981, estimated as 10.475 crores and in the year 1991, population was estimated as 13.822 croes, which constitutes 16.48 per cent of the total population.5 The decadal growth of Scheduled Castes in India over 1991 was 30 per cent, which is more than decadal growth of general population. 6 81 per cent of Scheduled Castes are living in rural area.7 Nearly 84 per cent of the SCs. population live in ten states. In the states of ‘Himachal Pradesh’, ‘West-Bengal’ and ‘Uttar Pradesh’, 25.34 per cent of its total, 23.62 per cent of its total and 21.04 per cent of its total population, respectively, belongs to Scheduled Castes. In ‘Maharashtra’, 11.10 per cent of its population is SCs, interestingly, 28 per cent of the total population of ‘Punjab’ belong to ‘Scheduled Castes’. Other states like ‘Bihar’ (14.56 per cent of its total), ‘Haryana’ (19.75 per cent of its total), ‘Karnataka’ (16.38 per cent of its total), ‘Madhya Pradesh’ (14.54 per cent of its total), ‘Orissa’ (16.20 per cent of its total) ‘Andhra Pradesh’ (15.93 per cent of its total) and ‘Tamil Nadu’ (19.18 per cent of its total) have significant strength of Scheduled Castes population. 8 According to the 2001 Census, the Scheduled Caste population in India is 166,635,700 persons, constituting 16.2 per cent of the country’s total population. Being rural people, four fifth (79.8 per cent) of them live in rural areas and rest one-fifth (20.2 per cent) live in urban areas. The sex ratio of 936 females per thousand males is slightly higher than national average of 933 sex ratio. The highest percentage of Scheduled Caste population to the total Scheduled Caste population of the country live in Uttar Pradesh (21.1 per cent) followed by West Bengal (11.1 per cent) and Bihar (7.8 per cent), Andhra Pradesh (7.4 percent) and Tamil Nadu (7.1.percent). In fact, more than 57 per cent of total Scheduled Castes population inhibit in these five States. Proportionately, the largest proportion of population of the Scheduled Castes to total population of the State is in Punjab (28.9 per cent), followed by Himachal Pradesh (24.7 per cent) and West Bengal (23 percent). In Andhra Pradesh, Karnataka and Pondicherry proportion of SC population is exactly equal to the National average of 16.2 per cent. The smallest concentration of the Scheduled

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Chapter One

Caste population is in the North-Eastern tribal States such as Mizoram (with negligible or only 272 persons) followed by Meghalaya (0.5 per cent) and Arunachal Pradesh (0.6 per cent).9

3. Implementation of Reservation Policy in India The Central Government recruitment has been an important and largest area, where the reservation policy can be implemented effectively. But over the years, the status of reservation in this area has been weak. (See Table No.1) Immediately, after the independence, since, the educational status of Scheduled Castes (SCs) was poor, this factor must be considered. The class of the post can be classified into four, namely, ‘Class I’, ‘Class II’, ‘Class III’ and ‘Class IV’. The Class I posts are very important, which are involved in the decision making process. Whereas, Class II posts are also equally important. But Class III and Class IV posts are classified as inferior posts. It includes, ‘peons’, ‘sweeper’ etc. Over the years, the representation of SCs in class I posts, has been increasing at a steady rate. It was just 0.35 per cent to the total number of posts in 1953, which reached to 10.13 per cent in 1995. The prescribed quota of reservation for SCs is 15 per cent of the total posts. Yet there remains a backlog of about 4.87 per cent of the total. At national level, this figure may include hundreds of posts. It means, the SCs have been kept away from the decision making process. This could be stated as, one important reason, for huge backlog of SCs in the recruitment. Similar trend could be found in Class II posts, where the representation of SCs was 1.29 per cent in 1953, which reached 13.13 per cent in 1995. Here also backlog could be estimated at about 1.87 per cent of its total posts. Altogether, Class I and Class II backlog in the reservation has been in significant size. The growth of reservation in the recruitment has been slow. The reservation status of SCs in class III posts in 1953 was 4.52, which increased to 15.46 per cent in 1995. The representation in the present era is satisfactory. More interestingly, In Class IV, the representation of SCs has been higher from the beginning, i.e. in the year 1953, it was 20.52 per cent and in the year 1995, it was 20.46 per cent. The reservation status in Class IV has more than the requirement. This is because, except SCs/STs and other backward castes, no one from upper castes, applies for the post like ‘sweeper’. It means, in the government recruitment also, there could be found a ‘Varna’ System. The caste system has been percolated in the government services. The main part of the reservation policy is that, the Class I and II backlog must be filled as soon as possible. But the problem

Relative Disparity in the Implementation of Reservation Policy in India

5

is that, in the contemporary period, the government is adopting ‘Zero Recruitment Policy’. In this situation, the SCs. may be losing its posts or the rights of reservation. This could be stated as an injustice to the SCs. Table No.1 Reservation Status of Scheduled Castes in Central Government Recruitment Year 1953 1965 1970 1975 1979 1992 1995

Class I 00.35 01.64 02.36 03.43 04.83 09.70 10.13

Class II 01.29 02.82 03.84 04.98 08.07 11.60 13.13

Class III 04.52 08.88 09.27 10.27 11.54 15.80 15.46

Class IV 20.52 17.73 18.09 18.64 19.16 20.70 20.46

Source: 1. Department of Personnel, Government of India, Report-1993 2. Social Welfare Committee for SCs/STs Report-99-2000

4. Relative Disparity in the Implementation of Reservation Policy in India The reservation policy for Scheduled Castes is most important, since it is linked with their social and economic identity. Reservation is the right of the Scheduled Castes, however, there have been high rate of disparity in the implementation of reservation policy in India. The rate of disparity can be calculated after 1979-80, since before, the educational level of Scheduled Castes was not satisfactory. But in the present context, the Scheduled Castes have achieved a satisfactory level of education all over India. Therefore, the author has calculated the rate of disparity after 197980 in relation to the rate of reservation determined by the Government of India. As per the Government of India, the reservation quota for Scheduled Castes is 15 per cent. The rate of disparity over the years has been declining. In Class I posts, the disparity was higher (67.8 per cent) in 1979, which declined to 35.3 per cent in 1992 and further declined to 31.3 per cent in 1995. However, there still exists a significant level of disparity in the implementation reservation policy. In case of Class II posts, the disparity was 46.2 per cent in 1979, which declined to 22.66 per cent in 1992 and then to 12.6 per cent in 1995. In these two categories of the

Chapter One

6

posts, there exists significant level of disparity in the implementation of reservation. These posts are important, which are part of decision-making process. Chart No. 1 explains the trend in the rate of disparity over the years in comparison to other categories of posts. In case of Class III & IV posts, the implemented reservation is more than the prescribed. This indicates negative disparity. These posts are inferior level posts, hence, except the SCs, hardly any one is ready to work. This is a result of ‘Hindu Caste System’. And once, in the government sector, the caste structure has been strictly established through the occupations. Table No.2 Disparity in the Implementation of Reservation Policy in India for SCs. (All Figures in Per cent) Year 1979 1992 1995

Class I AIR 04.83 09.70 10.3

Disp. 67.8 35.3 31.3

Class II AIR. 08.07 11.60 13.13

Disp. 46.2 22.66 12.6

Class III AIR. Disp. 11.54 23.06 15.80 -5.3 15.46 -3.0

Class IV AIR. 19.76 20.70 20.46

Disp. -31.7 -38.0 -36.4

Source: 1. Department of Personnel, Government of India, Report-1993 2. Social Welfare Committee for SCs/STs Report-99-2000 Note: 1. Rate of disparity in the reservation has been Calculated on the basis of above data. 2. A.R.=Actual Implemented Reservation, Disp. = The Rate of Disparity

5. Economic Consequences The disparity in the implementation of reservation policy for SCs has resulted into serious economic consequences, which are closely connected to their life. When one person from SCs family gets a job, the whole family remains dependent on him. The dependency ratio in SCs family is higher. Therefore, the disparity has resulted into huge economic losses to the SCs, as a whole. Although the government is trying to reduce the disparity, in the phase of globalisation, large number of posts have been wiped by the government itself. Therefore, The disparity has affected adversely, the social, economic and cultural life of the Scheduled Castes. According to the report of the Working Group on the Empowering of Scheduled Castes, over 1,13,450 job opportunities were lost by the scheduled castes in the Central Government during the period 1992-97.10 Eradication of reservation posts on large scale could be seen in all state Government. The reasons for such step are given as ‘Excess Recruitment’,

Relative Disparity in the Implementation of Reservation Policy in India

7

‘Globalisation’, ‘Efficiency’ etc. During the last few years, several lakhs of reservation posts have been wiped out. Majority of these posts were high-class posts, which can play important role in the determination of the economic position of the society. This is social injustice; above all, this is an violation of Indian constitution. In the light of economics, the Scheduled Castes lost huge number of sources of livelihood. This policy may create once again, the economic slavery, in the economic system.

6. Conclusion Over the years, all the branches of Government Sectors have been neglecting the reservation policy. Even after fifty-nine years of Independence, the reservation status of SCs in all Government branches has been unsatisfactory. The reservation policy has been underutilised. The rate of disparity in the implementation has been high. In the phase of globalisation, the government policy is discouraging the reservation policy. This situation has created various social and economic problems in the contemporary period. In a way, the social justice for the SCs has been denied even in the contemporary period. An Inspite of Constitutional provision, the reservation policy has been neglected. This must be taken as violation of Constitution. There must be significant representation of SCs in the decision-making posts, which could help further, for the development of SCs, as a whole. Similar kind of trend could be found among Scheduled Tribes (STs).

8

Disparity (%)

-4.16

1979

3.46

6.93

-0.46 1995

1.87

4.87

-5.46 -5.7 Disp. Line for Class I Disp. Line for Class II Disp. Line for Class III Year Disp. Line for Class IV

-0.8 1992

3.4

5.3

Chart No. 1 Rate of Disparity in the implementation of Reservation policy for SCs. (in Class I,II,II and IV Posts) (%) 10.17

Chapter One

Relative Disparity in the Implementation of Reservation Policy in India

9

Notes 1. Dutta N.K.(1991), ‘An X-Ray on Reservation Provision’, Anmol Prakashan, New Delhi, p.247 2. Kamble N.D.(1982) ‘The Scheduled Castes’, Ashish Publishing House, New Delhi. p.30 3. Ibid p.40 4. Ibid. 5. Tenth Five Year Plan (2002-2007), Sectoral Policies and Programmes,Vol. II, Planning Commision (Govt. of India) publication, New Delhi , p.405 6. Ibid. p.419 7. Ibid 405 8. Ibid.:405-419 9. http://www.nacdor.org/TEXT%20FILES/Dalit.htm 10. 10th Five-Year Plan, Planning Commission. Government of India, New Delhi, 2001, p 201.

CHAPTER TWO GLOBLISATION AND SCHEDULED CASTES SURESH KAKDE

The international capitalist economy is undergoing a process of fundamental transformation in the organizations of production accompanied by institutional arrangements necessary for such transformation. Neo-liberalism, the structural adjustment policy of the World Bank and the International Monetary Fund and the WTO followed by the new GATT agreement constitute the institutional framework for transnational capitalism. This transformation since last two decades is known as a process of Globalisation .Two more processes, namely, Privatisation and liberalization accompany it. In fact the phenomenon of globalization is not new to the world. Because the historical processes of wealth and poverty creation are interconnected. From ancient days trade and transport have brought the world together. Earlier there were attempts like Napoleonic wars, industrial revolution, Russian revolution etc. However their impact remained limited. The present process of globalization is qualitatively and radically different from the earlier ones. Since 1970’s it has brought a radical restructuring of the world economy. Now there is a new political economy in the making and it is information driven. Capitalism and IT are the driving forces. It is holistic, multidimensional and therefore truly global in nature.

Impact of globalization Globalisation is making a considerable impact on all the aspects of human life in all the countries in the world. It is imperative to understand this process and study the nature of the impact on various communities. It is making its impact even on developed countries. The impact is social, economic, political, cultural and even moral in nature. Since the globalization is truly universal in nature, it naturally involves competition

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and quality. No individual would escape from these. And there is no point in avoiding these. Quality and competition are the watchwords in the age of globalization. Fortunately Indian society has all the potentialities of these two. Moreover unlike the United Nations, the WTO expects the members to accept at present any one service to be thrown open to all the members in the world. Therefore, there is no alternative to competition. And without quality, competition would have no meaning. Here the other processes of liberalization and Privatisation are going to play an important role. Therefore, what is necessary ? India is a plural society having many sections based on religion, caste, class etc. These sections have different types of impact at different levels. It will be academically unfair to think about the impact of globalization unilaterally. Different sections or groups in a heterogeneous society have different problems. Even after sixty years of independence various social groups are not empowered to face the challenge of competing equality. Even now they need the positive support of the welfare State. In view of this what is necessary is to have a rational balance between empowerment of weaker sections and the achievement of quality to face the competition.

Scheduled Castes Few societies have condemned one of their sections to physical segregation as the Hindu society has done in the case of the former untouchables. The mere physical touch of an untouchable was a sin, an abomination. The segregation of a section of the Hindus as untouchables, precluded from such elementary rights as entry to public temples or the use of public wells and tanks, and whose physical touch contaminated a member of higher castes, constituted a most inhuman form of social oppression. The untouchables were the outcastes of Hindu society. Hallowed with tradition and sanctified by religion, the unsociability continued to exist in all its barbarous vigor for centuries.1 After independence, in 1950, the Constitution of India abolished untouchability (Article 17) and in 1955, the Parliament passed the Untouchability Offences Act. The national movement had created an atmosphere sympathetic towards the untouchables. It made it possible for the Government to provide protective discrimination in an attempt to pull out the untouchables from traditional segregation. Among the multitude of difficult tasks facing the new nation of India in 1947, none was more challenging than the integration of the most deprived 15 percent of its

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Chapter Two

population-the untouchables-into unequal partnership in the emerging modern republic. 2 Since the Govt.of India Act 1935, the untouchables became known as the Scheduled Castes. But even though untouchability and discrimination on the basis of caste are constitutionally outlawed, despite the constitutional legal support and also efforts by various voluntary agencies, it is commonly observed that they continue to be deprived of their rightful place in society. And upper castes have generally denied equal treatment to the Schedules Castes. The backwardness of the Scheduled castes will be evident from their unemployment, dependence on agriculture, illiteracy and social segregation. In terms of residence, housing and health conditions, the condition of the Scheduled Castes is precarious. Even now in many villages they have to suffer residential segregation and direct and indirect social boycott. There are many among them who are too poor to build their houses. On account of their poverty and unhygienic living conditions, they, in large numbers, suffer from malnutrition, physical disabilities and diseases such as tuberculosis, leprosy, malaria, and general diseases.3 This is not to say that post-independence period has not brought any socioeconomic and political change in the life of the Scheduled Castes. Constitutional provisions, political process since independence and the impact of leadership of Dr. B.R.Ambedkar have created a wave of rising expectations in the life of Scheduled Castes in general and in the life of the neo-Buddhists in particular. Gradually, since then, the Scheduled Castes are slowly becoming aware of their rightful place in society and are asserting for the reordering of society for their betterment and advancement. This has created a number of pressures and pulls resulting in socio-political tensions in Indian society. Renaming Marathwada University agitation after Dr. Ambedkar was one such occasion.4

Present Scenario There are a good number of studies on the neo-Buddhists, the dominant Scheduled Caste in Maharashtra. However there are very few studies on other Scheduled Castes like Mang, Chamar, Dhor, Mochi Bhangi.etc. Moreover most of the studies are based on single or two variables like caste or/and class. It is to be remembered that in a complex society like India. Single factor analysis gives one-sided picture, which is far away

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from reality. It is therefore necessary to study the nature and impact of Scheduled Castes movement, impact of government policies, also the impact of the efforts of the voluntary agencies and most importantly the impact of the political process during last sixty years. Owing to the democratic process since independence, increasing means of communication and the spread of education, there is increasing awareness among all the sections of society and the Scheduled Castes are not exceptions to it. The Constitution has released the forces of liberalism. Because of these forces, an era of politicization has started in all walks of life and traditional gap between politics and society has come to an end. Now politics has become a new instrument for achieving socio-economic development. Socio-economic development of the Scheduled Castes would be the precondition for their integration in the mainstream of society, which the constitution has visualized. Much has been done by way of constitutional provisions, administrative efforts and proper response from a larger section of the upper castes. However, whatever is done is not enough to match the rising expectations of the weaker sections including then Scheduled Castes. Still they are unorganized and constitute the larger chunk of the population. On the other hand, the organized sections even in Scheduled Castes have grabbed the benefits of socio-economic development. If we want to analyze this reality, the study should be interdisciplinary and based on variables –caste, class, religion, region, ideology, gender, identity etc. Because the problem of the Scheduled Castes is interdisciplinary, having many dimensions, and complex, It is also dynamic in nature. Following points may be considered for the development of Scheduled Castes in an era of globalization.

1. Need of Political Education We have accepted a democratic form of government in an un-democratic society. It is, therefore, necessary to give political education to the people about the need and genesis of welfare policies for the weaker sections. Political education means education about nature, working and the functions of a political system in which you live. This was the duty of the elites and the leaders in the political process. Unfortunately both have miserably failed in their tasks. As a result of it, there is a lack of understanding about the problems of weaker sections which results in social tensions...

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2. Lack of political will There is a lack of political will regarding the development of Scheduled Castes. There is increasing populism to fetch the votes of Schedules Castes and very few sincere efforts for their development. Many a times the political process has divided the Scheduled Castes. It is observed that the welfare schemes remain on paper but because of the policies there is a backlash among the upper castes.

3. Failure of administrative machinery A news item in Hindu (9 APR 2007) regarding the failure of administrative machinery in implementing the policies for the Scheduled Castes would throw light on its apathy and indifference. The news is about the Karnataka State and other states are not much different in the experience.5 “While the State Government celebrated the birth centenary of the former Deputy Prime Minister Babu Jagajivan Ram in a grand way unveiling his statue, what has been its own performance in respect of fulfilling the promises made to Dalits? Not satisfactory, says Karnataka Legislature’s SC/ST welfare committee chairman M.P.Venkatesh. Budgetary allocation and expenditure for Dalit welfare had fallen, and dedicated funds had been diverted to other departments, he said. The Finance Department had failed to implement the directive of the Planning Commission to reserve 22 percent of the funds for the development programmes of Dalits. It has instead earmarked only 12 percent in 2006-07. Thus, out of Rs 16,166 crore, it allocated only Rs. 1,940 crore, and actually spent Rs. 1,026 crore, he said. Unfortunately, some departments diverted funds for other purposes arguing that they were helping the Dalits by doing so. Mr. Venkatesh pointed out that Water resource, Food, Civil supplies and Consumer Affairs, Forests, Public Works, Rural Development and Panchayat Raj and Fisheries Departments did not have any specific programmes for Dali welfare. The committee, he said, was aghast that the Public Works Department did not have any scheme for the Dalits and diverted more that Rs. 200 core for roads, arguing that it would improve the living condition of Dalits as they also use the roads.

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He said the Finance Department should periodically review the implementation of the SC/ST programmes in each department to ensure that the funds were spent fully and that they did not lapse or got diverted. On the unspent funds of Rs. 900 cores last year, including 182 crore in the Public Works Department, he said that it should be carried forward and spent by the same department. He said that Rs. 182 crore should be utilized for construction of hostels, Ambedkar bhavan, Harijan colonies and community halls in Dalit areas. The committee has recommended release of Rs. 180 crore for electrification of borewells, raising the unit cost for constructing houses to Rs. 40,000 from Rs. 20,000 starting training programmes for migrant Dalits in urban centers, giving seed money as working capital for petty business, increasing wages to municipal cleaners and wardens in Dalit hostels from Rs. 75 and Rs. 125 to Rs. 350 and Rs. 600 respectively. Mr. Venkatesh stressed the need to replace 30 lakh-thatched huts in villages by one-lakh pucca houses every year. All educational institutions, including unaided ones, should be directed to recruit Dalits and the backlog post in private, aided and government schools should be filled. Mr. Venkatesh was unhappy that the crop loan/interest waiver scheme of the Government has not helped the Dalits and urged that the loans taken by them from various boards and corporations should be waived.”

The news item speaks for itself. It clearly shows how there is a lack of political will on the part of the government and also on the part of the administrators in particular about the welfare schemes for the Scheduled Castes. In Maharashtra also it is experienced that twenty percent budgetary provision in Panchayati Raj bodies is not spent and the amount is transferred to the main budget to other items. There are five development corporations for the welfare of the Scheduled Castes and the Other Backward Classes. But for a long time their evaluation has not been made. The amounts declared, amount sanctioned and the actual amount spent is different. The last one being very meager. Three points emerge from such a situation. Number one, the policy provisions by the political process create unrest among the upper castes, as

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there is no adequate political education. Secondly, despite constitutional and legal provisions the Schedules Castes still remain deprived of their adequate due in nation’s development. And lastly, the injustice on the part of the Scheduled Castes still continues in different forms, which leads to increasing social tensions and social disintegration.

4. Challenge of Globalisation Infact it is a high time that the leaders in the political process and academicians give a serious thought to the consequences of Liberalisation, Privatisation and particularly Globalisation. On the lines of the Scheduled Castes. In globalization the old concepts like nationalism, sovereignty are gradually waning and the there is an erosion of a nation-state. Samuel Huntington argues that now the culture would be an important variable in international politics and not the concepts like nationalism or sovereignty. There is increasing international interdependence on the one hand giving rise to internationalism. On the other hand, the narrow and parochial loyalties are playing significant role. How to reconcile this contradiction? Here we need long term as well as short-term policies and avoid adhocism, opportunism and populism. As we have seen above globalization needs quality and the quality assumes acquiring various skills necessary for individual and social development. Because of changing nature of economy and social conditions now there are new needs, which have arisen in society, now new sections have come up in society and they have non-traditional needs. They include the needs of senior citizens, the employed married couples in metropolitan cities, and the demand for crèche is on increase. Multiplexes, food malls, shopping malls, etc have changes the life style of the middle class. In this way new needs can be found out and an attempt can be made to give response to these demands by way of providing service to them. The 21st century is a century of multi- skills and a person having more than one skill will have definitely a bright future.

5. Demand for change in the Education System Dr. Ambedkar gave a message—“educates, agitates and organizes.” But what kind of education? Present education is fast becoming irrelevant to the changing needs. It is to be understood that the present education system is the product of the colonial rule and the post-independence period

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governments have done very little to change the same. In addition to increasing educational opportunities, our demand should be to make the education system more meaningful and more relevant to the changing needs in society. It may be remembered in a way, that present unemployment is mostly false one. It is unemployment of the unskilled people. Therefore an attempt is to be made to improve the quality of the people. It can be achieved by way of acquiring knowledge, skills and attitudes in the changing context.

6. Model of neo-Buddhists for development Neo-Buddhists can be a good model for other Scheduled Castes for their development. During last sixty years the neo-Buddhists have done a remarkable progress. In all walks of life. It was found in 1971 census that their literacy has become equal to that of the Brahmins and all other castes and Scheduled Castes lag behind them. The neo-Buddhists have modernized themselves, removed superstitions among themselves and entered into various professions and occupations. They speak on behalf of all weaker sections. They assert for removal of injustice, equal opportunity, organize them and have a clear perception of development. Now there are many more doctors, engineers, pleaders, professors, technicians, artists in films and on the stage, administrative officers. They have surpassed the dominant Maratha caste in many respects. They have ably utilized the policy of reservation in particular and policy of protective discrimination in general. They have made use of the Constitution and the political process in an efficient manner. There would be surprise if any other community has made such a remarkable development in such short period in the history of the world. Progress made by the neo-Buddhists is more because of the strong will for development created by their leader Dr Ambedkar. The spirit among the neo-Buddhists consists of removal of inferiority complx, willingness for hard work, sense of responsibility etc. This spirit is lacking in other Scheduled Castes. They may not follow the neo-Buddhists in totality. But the inspiration from them would be very useful for their development. The other Scheduled Castes should follow this model.

7. Reservation policy The policy of reservation should be viewed as a part of the total policy for the development. Efforts should be made to observe that it is being implemented sincerely and honestly. However it would be well to remind

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us that the reservation would not be enough for the development. Manysided development, as described above, would be required.

8. Help from liberal Hindus An effort should be made to seek the help from the liberal Hindus. Contrary to general belief, there is a strong element of liberalism among the Hindus. Dr.Ambedkar made its use wisely in the fight against untouchability. There should be fight against the conservative elements and not all the Hindus. It should not be treated as a cold war between Scheduled Castes and the Hindus.

9. Castes and Class In post-independence period, every caste is now roughly divided in to three classes. The elites, middle class and the masses. They have different attitudes. What are necessary are the efforts for the development of the masses in Scheduled Castes. They badly need it.6 Globalisation has posed a challenge to all and more to the Scheduled Castes. Unless such efforts are done the values in the constitution would not be materialized.

Notes 1. Desai, A.R. Social Background of Indian Nationalism, Popular Prakashan, Bombay, (4th ed), 1966,p.263. 2. Johnson, Glen, and Sipra Bose, Social Mobility Among Untouchables, in Gupta. G.R. ed, Cohesion and conflict in Modern India, Vikas, New Delhi, 1978 pp. 6061. 3. Sachchidanand, The Harijan Elite, Thompson Press, Faridabad,1977 p. 162 . 4. Kakade, S.R .Scheduled Castes and National Integration, Radiant publishers, New Delhi, 1990, p 2. 5. Hindu, 9 APR, 2007. 6. Kakade, S.R. Political Attitudes Of Neo-Buddhists in Western Maharashtra, post-doctoral research funded by ICSSR, New Delhi, 1993.

CHAPTER THREE WELFARE OF NOMADIC TRIBES: A CASE STUDY OF MAHARASHTRA BABASAHEB GHATAGE

In India, no significant anthropological investigation has been conducted about the nomadic tribes. Hence, it would be adventurous to derive any inferences about the origin and evolution of the nomadic tribes in India.1 Anthropologists, like Resley, Muzumdar and Irawati Karve have propounded different and opposing theories in this behalf. Modern anthropologists in India too have relied on the Western hypotheses; hence, unanswered questions about India’s ancient history and social anthropology abound. Hence, even today, researchers place their reliance on the meager anthropological material collected by the foreigners like Kennedy, Enthoven, Risley, Thruston, Hymen-Droff, Russel et al. On the other hand, as a result of persistent aggressions from aliens, the aboriginal and nomadic tribes on the Indian sub-continental have become apprehensive, reclusive and introvert.2 The origin of the nomadic tribes in India may be traced to three sources : (1) the tribes that survived in dense jungles for thousands of years in isolation from the mainstream human civilizations, e.g. Santhals, Bhils, Korkus, Kolams, Gonds, Warlis, Katkaries, etc.; (2) the tribes that, consequent to the annihilation of their natural habitat, survived on the periphery of the human civilization and sustained on beggary or by practising their aboriginal skills, e.g. Kaikadis, Makadwalas, Garudis, Gopals, Chitrakathis, Joshis, Pardhis, Kanjarbhats, Medhangi Joshis, Kadaklaxmis, Ghisadis, Dombaris etc. ; (3) the tribes that survived on the established caste system of the mainstream society but lived on its fringe, e.g. Ramoshi, Berad, Vadars, Gondhalis, Mang-Garudi,, Dhangars, etc.

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Tribal Aborigins Aryas invaded India through the Khaibar Pass in the North around 1500 B.C. They were violent, armed, aggressive as well as deceptive. The alien a invaders began attacking the aboriginal Dravidians, whom they called Anaryans (non Aryans) and perpetrated numerous atrocities on them. The Aryans took advantage of the peace- loving nature of aboriginal and devastated their cities like Mohan-jo-Daro and Harappa for accomplishing their conquest. Ancient Hindu scriptures like Vedas and Mahabharata are replete with numerous references to such atrocities. The people described as the enemies of Aryans in Rig-Veda, matches with today’s nomadic tribe. For example, the ritual of hat-tattooing or serrating the tongue attributed to the ‘Ahi’ and ‘Pani’ tribes in Vedic times is still found in the modern day tribes of the same name. Successive waves of Arya invaders continued to arrive in India for quite long time. They laid waste ancient cities and towns, broke apart meticulously constructed irrigation canals, burnt down forests and displaced Dravidians from their settlements. The Aryas, instead of calling them ‘humans’ termed them variansly as ‘Asuras’ (ungodly) ‘Rakshasas’ (monsters), ‘Shakhamrigas’ (Monkeys), ‘Dasyus’ (the conquered),‘Nags’ (cobras),‘Chandals’ (lowly). Aryas also kidnapped the native women and exploited them sexually because they had not brought their own women with them. Aryas usurped their properties and vilified their Gods.3 The Dravidians ran away in forests to save themselves and began a nomadic way of life to survive. The excavations at Mohan-jo-Daro and Harappa (Pakistan in today) adequantely reveal that the Dravidian (Anaryas) were highly advanced in architecture, metallurgy, navigation, archery, trade and commerce as well as agriculture.4 In Ramayana Rama addresses ‘Vali’, another king, as Shakhamriga (monkey)5 Mahabarata narrates the tale of ‘Ekalavya’ a Bhil who refined his archery by accepting the discipleship of absentee Arya teacher Dronacharya. On witnessing the demonstration of his skills, ‘Dronacharya’ instead of commending him on his dedication asked his right hand thumb as a ‘Guru-Dakshina’ (teachers dues), thus effectively negating years of Ekalavya’s labour. Eklavya continues to be cited as an utmost example of ‘Guru-Bhakti’ (devotion to the teacher). Its narration in the religious scriptures has given the tale an aura of religious fervour, while in reality, it is a tale of object exploitation.

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Mahabharata describes the burning down of ‘Khandava-Vana’, a dense forest, together with the dwellers in it, by Krishna and Arjuna. The people so destroyed never were wild or uncultured, but advanced enough to build cities. Arya treated Dravidians as their enemies, hence, the offsprings of their allience with Dravidian women were treated as lowly servitors and handmaidens. The rest of the population was treated with utter disdain and variously given such contemptous names as Ahis, Panis, Nagas, Rakshasas, Kalkeyas, Kiratas, Asuras etc. These original residents were peace loving and highly cultured. On hearing of an impending Arya invasion, the town / village dwellers usually ran away into the nearby jungles, leaving behind their homes and property to save their lives.6

‘Village’ and “Village System’ ‘Aryas’ never were hard-working artisans but harboured destructive tendencies. They mostly earned their livelihood through deception and when resisted, they took up violence. The tribes that resisted ‘Arya’ invasians were driven away from their homesteads, settlements and villages and made to roam in the forests for survival. ‘Arya’ invaders deprived them of their means of livelihood and on their becoming impoverished, accorded them ignoble social status. Manu, and Arya scholar, arranged with vengeance the Varna order of Brahmin (Arya priest), Khshatriya (Arya or native warrior), Vaishya (native trader), Shudra (menial worker) and Ati-shudra (lowest of menial worker doing scavenging and such other dirty work). For the Brahmin priests, shudra and Ati-shudra were untouchables and even sight, voice or shadow brought an defilement for the Brahmins. However, warriors, traders and workers were indispensable for the functioning of the village community and keep the priestly class on cozy lifestyle. Arya’s collaborators thus, were absorbed in the village system, but at a lower status than the Brahmin priests. The village still needed the skills of the exiled people. Hence, some of them, through the collaborators, were allowed to live on the periphery of the village, earning their livelihood doing despicable work for the village community. However, the people that utterly rejected such collaboration in return for a stable life, or relied on the village only sparingly doing seasonal work, were taken out of the village system and were termed as aliens or nomads.7

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The people precluded from the village system, or those who exiled themselves into forests to escape the suffocating Arya culture or those who chose to lead a peripheral role in the village community’s life began their diverse skills for survival some of them offered public entertainment, some other chose wild-game hunting and still others choose thievery and larceny and hence were further ostracised by the village community. The tribe thus kept away from the steady community life continues to lead a nomadic life till today. For millenia, they do not own land or immovable property; being nomadic they remain illiterate and hence, superstitious, alcohol and substance-addicted. The nomadic tribes, without exception, rely on their ‘Jamat Panchayat’ based system of justice for setting internal squabbles and disputes. Ignorance about the world outside the tribe prevents them from reaping the benefits of the welfare schemes and programmes focused on them. They keep on wandering the length and breadth of the country along with their cattle, donkeys and horses, pigs, poultry and bitches, some families settled near cities and towns in huts, slums but still remain backward. They mostly polish household utensils, go begging, entertain public by dancing, acrobating, snake charming and performing monkey, Bulls, Bears, brew illicit liquor and go thieving. Because of all such activites, they remain socially unacceptable and continue to lead a miserly existence. Atleast forty two (42) different major nomadic tribes are found in the State of Maharashtra. Each of these tribes is further divided into numerous subtirbes according to the occupation and sub-occupation followed by its members the final tally being about 183 divisions, based on this nomadic tribes may be defined as; “Those people that because of their wandering lifestyle are unable to satisfactorily fulfill their needs of food, clothing, shelter and formal education, those do not own immovable property, nor have a village of origin nor posses tools of trade, but who for survival opt to beg or steal, whom the larger society has for millenia branded as aliens, and who have no place in the village affairs or the Balutedary system (system of caste and their division of work), may be defined a ‘Nomadic Tribe’.”8

Nomadic community has separated from the stable society so that they are called as ‘aliens.’

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‘Criminal Tribes’ Act - 1871 East India Company studied the caste system in India but it was unsuccessful to be aware of reality. East India Company, in its initial days, first in Bengal and then in Sindh and Bihar, began promulgating and enforcing various Civil and Criminal Acts and setting up courts of law, for maintaining law and order. At that time, there were in voque, three distinct types of rulership systems, namely, the Company administration, the feudatory princely states and the autonomous mini-states of various aboriginal tribes. Nearer home, company administration in Bombay Province promulgated Regulation III in 1827 for watching over behaviour and movement of the member of certain tribes having criminal inclinations. Section 3 of the Act empowered the provincial Government to notify a community tribe, group of people as a ‘criminal tribe’ if they were found to be habitually committing non-baiable offences. The process was called ‘Notification’. Under these provisions 24 tribes were notified as ‘criminal tribes’ as ‘Berad’ in 1916, ‘Rajput Bhamata’ in 1916, ‘Takari Bhamata’ 1929, ‘Bawari’ in 1931, ‘Bhar and Pashi’ in 1934, ‘Bhil’ 1914, ‘Chapparbandh’ in 1916, ‘Dharal’ in 1911, ‘Patgudi’, ‘Kaikadi’, ‘Kammi’, ‘Katodi’ (Katkari), ‘Marwad Bawari’, ‘Meena’, ‘Undia’, ‘Paradhi, Ramoshi’, ‘Sonsiya’, ‘Jadavi’, ‘Vanjari’, ‘Vadar’, ‘Bagadi’ and ‘Waghari’ were notified as criminal tribes up to 1934 and still government of Maharashtra continued this process for formulation of welfare of the Nomadic Tribes.9 After substituting the Habitual Offender Act in its place, the Criminal Tribes Act was formally repealed in 1952. The various tribes notified under it now became ‘Denotified Tribes’ and these are known by this nomenclature today.

Rehabilitation Work in Criminal Tribes’ Settlement Well upto the first decade of the 20th century, the Criminal Tribes Act was ruthlessly enforced in India-alleged offenders belonging to the notified criminal tribes were arrested, tortured and incarcerated in prisons. When a bread winer went to jail, his family was devastated and in desperation, took up crime for earning livelihood. In the jail, the amateure offender turned into a confirmed criminal and on his release, took up crime as his wholetime occupation. Consequently, in spite of the deterrent punishments

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meted out under the Criminal Tribes Act, crime among these tribes grew by leaps and bounds. Meanwhile, several Christian religious organizations like Salvation Army, American Mission and others had started making experimental attempts at rehabilitating the criminal tribes by providing them stable lifestyle and means of livelihood. On the recommendations of the Indian Jail Commission of 1919-20, the Criminal Tribes Settlement Act was extensively amended and was made applicable to the whole of India from 1923-24. These amendments largely focused on bringing the members of the notified criminal tribes into the mainstream society through their economic enablement. In Bombay Province, the criminal tribes settlements were established mainly near the cities and industrial towns in the hope that the interaction of settlement inmates with the surrounding industrial development would directly contribute to their economic upliftment. The first such industrial settlement was established at Bijapur in 1910 in which were admitted the tribes of Chhapparbandh, phase-Paradhi and Ghanticher. This was followed by the establishment of industrial settlement at Hubli, Gadag, Belgaum, Khanapur, Solapur, Neera Project (Mhalinge camp), Bagalkot, Ahmedabad, Dhule, Salgaon, Mudlawa, Baramati and Ambernath. In 1922 Start committee appointed by government O.H.B. Start recommended economical productivity of the settlement, occupational training, educational, social and cultural upliftments, Munshi Committee of 1937 review the problems of settlements and recommended about civic amenities, geographical location, size and educational facilities also committee laid emphasis on the inmates interaction with outside society to incubate them the virtues of honest living. ‘Salvation Army’ of Christian organisation introduced to prayer of god, honesty, spiritual peace and love. It was effected to change their mind. Besides Salvation Army, Christian organizations like German Marathi Mission, Australian Mission, American Mission were also actively working for rehabilitation of ‘Nomadic Tribes’, Their education, health, credit cooperative society, Industrial Training, cultural education etc. These activities were helping them to come in mainstream society.

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Nomadic Tribes in Maharashtra State The government of Maharashtra classified traditional nomad into total 42 castes and tribes. Out of these in 1871 the British Government of India had branded 28 castes and tribes as criminal castes / tribes quarantining them is isolated settlement compounds so as to control their criminal activities and if possible remove their criminal tendencies. On India’s attaining independence in 1947, the country’s first Prime Minister Pandit Jawaharlal Nehru released these castes / tribes from quarantine requirements. Hence these castes / tribes are called ‘Vimukta Jati’ (Released Castes) / Notified Tribes. 14 Tribes are treated as non-criminal tribes. The following categories of Nomadic Tribes are Generally founds in Maharashtra state in India. 1) The tribes that have migrated from the North, e.g. Paradhis, Kanjarbhats, Rajput Bhamata, Chhpparbandh, Vaghari, Banjaras etc. 2) The tribes that have migrated from the South, e.g. Vadars, Kaikadis, Bestars, Katabus, Mang-Garudis, Ramoshi, Berads etc. On this basis it is generally categorised as: a) Aboriginal tribes, b) Occupational tribes, c) Cult oriented tribes, d) Crossbred tribes, e) Migration oriented tribes, who traditionally lead a nomadic existence, f) cattle herder nomadic tribes, g) seasonal nomadic tribes that lead nomadic existence for some time in year because of their occupation, h) Criminal Nomadic Tribes, i) Beggar Nomadic Tribes, j) Hunter Gatherer Nomadic Tribes. 10

Social Welfare Measures for the Nomadic Tribes The constitution of India, as is clear from its preamble, aims at securing to all the citizens of India, “Justice, social, economical and political, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity, and promote among them all fraternity assuring the dignity of the individual and unity of Nation”. In order to achieve this objective, a number of provisions have been made in the constitution to remove the social disabilities from which the scheduled tribes suffer. But there are no special provisions in the constitution for the welfare and development of the Nomadic Tribes. Articles –16(1), 25, 29 (2) and 38 focus on the welfare of both scheduled castes and scheduled tribes. In India different states have adopted various measures and also enacted a number of laws to implement the constitutional provisions in respect of removal of social

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disabilities. With the removal of these disabilities, it is expected that the distance dividing the higher castes from the scheduled tribes would soon be bridged. Thus, the success or failure of these measures largely determines the extent to which the scheduled tribes have been assimilated in the mainstream of the Indian society. It is needless to add that untouchability is basically wrong and violates human dignity. So, it should be removed if egalitarian society as a goal in the constitution is to be achieved. Equality is necessary for stability without which development will be sabotaged. Under Article-46 the State shall promote with special care, social, economic and educational development of the weaker sections. On this basis, the Government of Maharashtra has made separate provision for the welfare of the Nomadic and Denotified Tribal groups of the people. The Government of Indias welfare schemes undertaken by the States mainly provisional of Balwadi, Nursery schools, establishment of Boarding schools or Ashram schools, Employment, College education and vocational training, Award of scholarships and stipend, special emphasis on the education of girls, technical education, agricultural development etc. are also provided to the nomadic tribes all over the country as they are backward class. Apart from Maharashtra there is no significant rules in social policy of reservation. Some states treated nomadic tribes in scheduled castes or scheduled tribes. The Government of Maharashtra through its Department of Social Welfare, has classified its various social welfare schemes under several heads, namely (1) Education, (2) Research and Training, (3) Protection of Civil Rights, (4) Beggars Rehabilitation, (5) Verification of caste certificates, (6) Backward class Development, (7) Special component plan, (8) Handicapped Welfare and (9) Prohibition Propaganda. Out of the various welfare schemes formulated under these heads, the schemes like educational scholarships, Ashram schools and craft training for women are particularly important to the nomadic tribes.

Research Methodology used The researcher had investigated of 800 respondent families and 80 unique case studies representing the psycho-social problems and community development reality, the present work has been maintained at the ‘exploratory’ level.

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Moreover, the present researcher, growing up on the periphery of a typical remote village with its caste biases in Kolhapur District, has first-hand interactions with wandering holders of nomadic people since his childhood. He has a better understanding of their mindset, traditions and customs, tribewise drive of nomadism as well as their hopes and longings and problems. It was, therefore, both interesting and enlightening to evaluate the impact, if any, made by the welfare measures on the lifestyles of the nomadic tribes in a limited geographical area. Basically the ‘Survey Method’ was adopted, to supplement the survey method, ‘Case Study Method’ was adopted and non participatory observation method too was followed, observations about the sample house holds lifestyle were made, ‘Photographic Evidences’ collected and detailed notes prepared. Survey method, case study method and observation method all randered valuable primary data, also collected ‘Video-Films’ of movements of Nomadic tribe for identifying their socio-economic problems in documentary film it was unique experience, this data representing ‘A critical study of community development and psycho-social problems among the Nomadic tribes in Kolhapur District of Maharashtra State. Data of 800 respondents families in Kolhapur District of Maharashtra state collected using ‘Accidental Sampling’ technique i.e. on reaching a certain destination only those family heads that were willing to participate in the survey were administered the ‘Structure Interview Schedule’ for collecting the primary data. Secondary data collected through library sources, archival information, information by informal discussion with Nomadic tribal leaders and families, formal discussion with Government officials. The functional scope is confined to offering a set of meaningful suggestions for social work intervention in the implementation of the welfare measures targeted on the nomadic tribes. The structured interview schedule was used for collecting the primary data.

Conclusions The conclusions presented here under are a synthesis of the inferences derived from the analysis of both the primary and the secondary data. Atleast 39 different nomadic tribes in large and small groupings, populate in Kolhapur District and 183 sub-divisions are found in Maharashtra state. Dhangar 14%, Gosavis 12% and Vadars 8% being larger ones and 0.4% each being Katabu, Masanjogi and Nandiwale, the rest falling in between.

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‘Jamat Panchayat’ (caste council) mediates in the intra-family disputes in 84% families, 9% settle them mutually and only 7% take resources to courts of law. 12% families live in makeshift tents, 33% in earthen walled houses, 23% in mud-walled houses and 7% in RCC houses. Majority of families are settled in slums around the city areas and suffering from dirty atmosphere. On the whole, there is underlying nexus between the acceptance of the settled lifestyle and improvement in housing conditions. The endeavor is further conduced by the ubiquitous social reform movements and the government, social welfare efforts in providing housing, employment, education and economic opportunities. Majority (91%) of the nomadic families are unable to effect savings of money or food grains for the reasons such as object poverty, shortage of money, addiction, ignorance and migration, beggary is only an incidental activity. ‘Scrap collection’ also provides work to all the working age group members in the families and children participated in family occupation because of that 32% child having difficulties to attend the schools. Being unable to secure regular employment, educated nomadic tribal youth are working as construction and farm labourers or scrap pickers. These youth are also unable to secure occupational training and industrial credit starting one’s own self-employment activity. Many government and bank officers are biased against them and consider them as risky borrowers. Consequently, there is a growing sense of frustration among these youth. Some nomadic families are found wandering in pursuit of both the ‘traditional’ and ‘adopted’ occupations. Traditional occupations include folk-arts, folk-dancing entertainment, animal acts, hunting, sale of herbal medicines, acrobatic, fortune-telling, beggary, genealogy recording, quiltstitching, hand overlooking of country bed sheets, cow and sheep breeding and herding, exchange of household utensils for old clothes, idol-making, wood working, gold and copper smithy and tattooing. The ‘adopted’ occupations include scrap collecting, construction and market labour, shaving buffaloes, trading in old clothes etc. Some nomadic tribes undertake their jaunts only during harvest season, hence, they are called ‘seasonal nomads’ or ‘semi-nomads.’ Nearly two thirds of the families are living below the poverty line and are mired in poverty, hunger, ill-heath, unemployment, family strife, ignorance and

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superstition, with the youngsters and elders alike ultimately leading themselves into addiction. 8% families indulge in the illegal activity of illicit liquor brewing. About 68% children of the perennial nomads are deprived of primary education because of their continuous shifting from one place to another. On other hand, among the nomadic tribes settled in urban areas even children are withdrawn from the school to help in the family’s income earning activity mostly paid labour, scrap collection or beggary. As a result, they too are deprived of formal education. Poverty, ignorance and itinerant lifestyle are the main reasons behind the illiteracy among the nomadic tribes. Another reason is the negative attitude towards education as the educated youth fail to secure gainful employment. The average lifespan among the nomadic tribes varies between 51 to 80 years. Recurring illnesses, addiction, lack of nutrition and medication, inadequate shelter and over-exertion, all contribute to the reduction of lifespan among them. Majority of young boys among the Gosavi, Vadars, Davary, Kanjarbhat, Gopal are in 72% families addicted to Alcohol and their children are away from education such disorganized families surviving extreme poverty and hunger. Majority of the nomadic tribes suffer from the disabilities like ignorance, apprehensions about Police and the developed society, illiteracy, inferiority complex, etc. Hence, they do not come forward to obtain benefits of the Governments welfare schemes. Their continuing poverty, repeated visits to government officers, neglect by the officers, mistrustful treatment given by the officers, etc. also are the other reasons that prevent nomadic tribe families from obtaining the benefits of the Welfare Schemes. On the whole, the government’s Welfare Schemes are inadequate to suppress the nomadic urges of these people. The larger development process that is however under way is benefiting the nomadic tribes,. This is reflected in changing attitudes and lifestyles. Their economic, social, educational and intellectual transformation is being helped by Dalit movement, social movements and social agitations, to which the revolutionary concepts propounded by social reformer Jotiba Phule, Chh. Shahu Maharaj, Dr. Babasaheb Ambedkar have contributed significantly.

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Suggestions The following suggestions are based on the conclusions presented above: In order to properly rehabilitate the nomadic tribes, they should first be provided with permanent homesteads with housing and cultivable lands. For this purpose, the Government’s housing schemes like ‘Gharkul’ and ‘House for Homeless’ should be duly modified to meet the needs of the nomadic tribes and be implemented with due sincerity. Only after the nomadic tribes settle down and accept the lifestyle, schemes for their educational, economic and social upliftment could be implemented, providing youth diverse occupational skills needed by the contemporary society. After training them in new skills, they may be financially supported to set up their enterprises in manufacturing and service sectors. In and on the periphery of urban centers nomadic tribes have established their slum ‘settlements, which lack basic amenities, create considerable pollution and health hazards. In an effort to improve these slums, they may be provided with running water, electric supply, drainage, public lavatories, access roads, Balwadis, Community halls etc. So as to improve the living environment there it is necessary to counsel the nomadic tribes about marriageable age, family planning by community workers and health workers. Criminal inclination of the nomadic tribes known for such activities could only be curbed with provisions for educational and economic development for which acceptance of settled life is the precondition. Residential schools like ‘Ashram School’ may be established near the population pockets of nomadic the field workers may ensure tribes and it appointed for the purpose that not a single child remain out of school or mobile school. The curriculam in the ‘Ashram Shalas’ may focus on occupational training. Valuntary organizations working for the upliftment of the nomadic tribes may be encouraged with monetary rewards and public recognition. The Government should formulate the reservation policy equally in every state of India for nomadic tribe as a separate category in tribal community. Social welfare administrators may evaluate the implementation of each scheme targeted on the nomadic tribes regular intervals. They may also record the practical difficulties encountered for suitably modifying the implementation strategies. It is now very necessary to initiate a comprehensive, nation-wide, anthropological-historical survey to identify the ‘true’ nomadic tribes, so that others do not pilfer their benefits.

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Notes 1. Mane, Laxman (1997): “Vimuktayan-Maharashtratil Vimukta Jamati-Ek Chicitsak Abyas” (Marathi), Mumbai: Yeshwantrao Chavan Pratishthan, Pp. 144154. 2. Mande Prabhakar (1983):“Gaongadyabaher” (Marathi), Aurangabad: Parimal Prakashan, Pp. 132. 3. Kadam, Nagnath D. (1995):“Maharashtratil Bhatka Samaj, Sanskrit Va Sahitya” (Marathi), Pune, Pratima Prakashan, Pp. 7-10. 4. Rao Usha N. J.(1981):“Deprived castes in India”, Bhimrao Pingale, “Vanwasi Upekshit Jag” (Marathi), Beed : Abhinav Jeevan Prakashan, Pp. 1-34. 5. Rajas Vasant (1997):“Devdasi-Shodh ani Bodh” Pune: Sugawa Prakashan, Pp. 18-21. 6. Pingale Bhimrao, Opp. Cit, Pp. 12. 7. Mande Prabhakar (1983) : “Geongadyabaher” (Marathi), Opp. Cit. 8. Kadam N. D., Opp, Cit. P. 9. 9. Stephen T. V., Member law on order Commission, Introduction of Bill of Criminal Tribes Act 1871, quoted: Raghavendra V. (1949): “The Problem of Criminal Tribes”, Delhi : All India Tribal Servant Committee. 10. Government of Maharashtra Department of Social Welfare Annual Report (2001) also in Mane, Laxan Opp, Cit. Pp. 121-122.

CHAPTER FOUR A STUDY OF SOCIAL AND LEGAL DIMENSIONS OF ATROCITIES AGAINST SCHEDULED CASTES AND SCHEDULED TRIBES MANOHAR KOLI

Introduction There cannot be a crimeless society. Crime is as old as the history of mankind. Various laws are framed to prevent and control crime in the society. However, it has been experienced that only making laws cannot bring the desirable social order, but the attitude of the people in the society is more important. The effectiveness of laws largely depends on the awareness of the people, law abiding attitude of the citizens, capability and functioning of the different social systems and their values which influence each other e.g. family, social, police, judiciary, legal aid system, media, education etc. If we want to make society comfortable and secure, there is a real need to bring compatibility in level adjustments of value systems within the working components. The people’s expectations are symbols of laws, social pressure and need to meet social order. The creation of new act for controlling the increasing trend of atrocities on Scheduled Caste and Scheduled Tribe shows more awareness among the SCs and STs. Although stringent punishments and provisions are made in the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act 1989, still the mass atrocities and other atrocities are committed on these caste people on a large scale, specifically it has been observed in Bihar, Uttar Pradesh etc. Fortunately, Maharashtra being progressive state, a good thing happened here and that is Dalit and Tribal movement on the issues of atrocities against Scheduled Castes and Scheduled Tribes emerged. As a result number of Dalit and Tribal Social Organisations are spread over, which

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are taking up the issues of atrocities against Scheduled Castes and Scheduled Tribes and playing very vital role for justice and rehabilitation of the victims. It has been thought that untouchability has been eradicated through various laws and constitutional safeguards. The most painful discrimination of the members of SCs and STs is the physical and psychological atrocities committed on them. The threat of atrocities against Scheduled Castes and Scheduled Tribes manifests right from their birth and it continues all along their life. The resultant consequences are low literacy rate, low per capita income, political interference and practically secondary treatment in all spheres of life. Law is a powerful weapon to bring about social change in a given society, but unless it is flawless and its implementation is free from bias, its purpose cannot be accomplished. The atrocities against Scheduled Castes and Scheduled Tribes are more related to the hearts, minds, desires, attitudes and thinking of individuals than the situation and circumstances. The real need is to identify the basic causes of atrocities against Scheduled Castes and Scheduled Tribes. As the causes are identified, the concerned agencies can try to reduce or root out the causes. The agencies like Police Administration, Judiciary, Advocates, Legislation, Social Organizations, Educational Institutions, Family Institutions, Social Thinkers, Social Scientists, Religious leaders, various Scheduled Caste and Scheduled Tribe Organizations, Women’s Organizations, Voluntary Organizations, Media i.e. both print and electronic, the members of Scheduled Castes and Scheduled Tribe and society at large will have to play their roles to bring the results in curbing the atrocities against Scheduled Castes and Scheduled Tribes. As this issue is a sensational one, there is need of conducting a research on this aspect and accordingly the author decided to conduct a research work on this topic and made the a successful attempt. The definition of “atrocity” has not clearly been defined, but an attempt has been made to define it in SC/ST (POA) Act, 1989 in which it is defined as “In common parlance, the term atrocity denotes an act, which is extremely heinous.” While R.K. Kshirsagar in his book defined it as “Those crimes which are committed against ex-untouchables with the intention to lower down the morale of the victims and damage their selfpride can be called atrocities.”1

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The detail data of atrocities committed against Scheduled Castes and Scheduled Tribesin India and Maharashtra. Some of important findings are The total incidence of I.P.C. crime against Scheduled Castes and Scheduled Tribes reported during 1987 to 1996 and proportion to total population is presented in the Table 1. The table indicates that alongwith increasing population, the total incidence of IPC crime also increased except for the years 1993, 1994, in India. The rate of total I.P.C. crime per lakh population was 180.1 in the year 1987, which gradually increased to 197.5 in the year 1991 and then decreased in the next five years upto the year 1996 when it is seen to be 183.4. The number of atrocities against Scheduled Castes increased from year 1989 to 1994 and then again decreased in year 1995-1996 with the population as well as in proportion to total I.P.C. Crime. Except in year 1993 and 1996 the number of atrocities against Scheduled Tribe increasesd with the population as well as in proportion to total I.P.C. Crime. Except in year 1994 which has the highest rate of atrocities against Scheduled Castes i.e. 2.07, the rate of atrocities against Scheduled Caste increased continuously with total incidence of I.P.C. and after 1994 the rate again fell down but in all, it shows an increasing trend, the rate of atrocities against Scheduled Tribes also shows increasing trend except in 1993 with total incidence of IPC. When we see the rate of atrocities against Scheduled Castes proportionate to population, it shows continuously increasing trend except in 1993 and again increased in 1994 and decreases thereafter for year 1995-1996 as compared with 1994. Except in 1993 and 1996 the rate of atrocities against Scheduled Tribes is continuously increasing.

180.1 180.8 188.5 194.0 197.5 194.7 184.4 181.7 185.1 183.4 187.02

12944 15250 18368 24922 24973 33908 32996 31440 24350.1

3083 3711 4167 4306 3652 5019 5498 4973 4301.1

0.84 0.95 1.09 1.47 1.53 2.07 1.94 1.83 1.46

0.20 0.23 0.24 0.25 0.22 0.30 0.32 0.29 0.25

1.59 1.84 2.16 2.87 2.82 3.76 3.60 3.37 2.75

0.37 0.44 0.49 0.49 0.41 0.55 0.60 0.53 0.48

Crime Crime Rate of Rate of Rate Rate against against crime Scheduled with with Scheduled Scheduled against Tribes population population Castes Tribes Scheduled with of of Castes total Scheduled Scheduled with total incidence Castes Tribes incidence

Source :- Crime in India – N.C.R.B. New Delhi

1406992 1440356 1529844 1604449 1678375 1689341 1629936 1635251 1695696 1709576 1601981.6

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Avg.

7814 7966 8118 8270 8496 8677 8836 9000 9160 9319 9329

Rate

Year Population Total (In lakhs) incidence (I.P.C.)

Table 1 Proportion of crime and total population

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The issue of atrocities committed against Scheduled Castes and Scheduled Tribes has been a topic of discussion in various forms of media. We have seen through print media and other media a number of group atrocities were committed against weaker sections i.e. Scheduled Castes and Scheduled Tribes through out India. Recorded crime statistics shows that the number of offences committed against Scheduled Castes and Scheduled Tribes may not be very large, but some of these cases are being highlighted by the media quite often. “Most of the atrocities committed against SCs are of the type of assaulting them individually or in a group by an organized group of upper-castes, irrespective to their status, in the caste-hierarchy. Instead of resorting to legal measures the assaulters invariably took the law in their hands and attacked SC localities even in broad daylight in the presence of both village headman and sometime even in the presence of police. Many of these assaults were mainly of homicide type intended to finish SCs for ever. Therefore, in the grievous attacks many SCs were murdered. In various assaults one finds that even the children and old men are not spared. In certain cases even the crying children were lifted and thrown into the burning fire of SC house.”2 Shankar Sarolia classified the atrocities against Scheduled Castes and Scheduled Tribes in his paper entitled “Atrocities against the weaker sections of society”. This article indicates that as compared with other special crime head Rape is the highest category. As people of upper caste think that the lower caste women are the factors, which are always used, as they want, because of the economic conditions and other factors the lower caste women are always victimized with rape. Every year 812.2 SC women are sufferers of rape victims and 344.75, S.T. women are sufferers as rape victims. If we study State wise atrocities against Scheduled Castes under different heads and Uttar Pradesh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra are the States where total rate of atrocities against Scheduled Castes was higher than other States. (i.e. above 1000 cases) next to these states are Karnataka, Andhra Pradesh, Tamilnadu (i.e. above 900 cases). Amongst Union Territories Pondicheri tops in registration of atrocities against Scheduled Castes followed by Delhi and Dadra Nagar Haveli. Uttar Pradesh is the only State with high density and high rate of crime. In case of Union Territories although Dadara Nagar Haveli has low population density, a large number of registration of cases of atrocities on

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SCs was seen. On an average the State of Maharashtra is on the fifth position in registering the cases of atrocities against Scheduled Castes among all the heads. If we study State wise atrocities against Scheduled Tribes under different heads, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra are the States where total rate of atrocities against Scheduled Tribes was higher than other States (i.e. above 280 cases) next to these States are Bihar, Kerala and Uttar Pradesh (i.e. above 122 cases). Amongst Union Territories Dadara Nagar Haveli tops in registration of cases of atrocities against Scheduled Tribes followed by Daman & Div and Delhi (i.e. above 0.12 cases). Madhya Pradesh and Rajasthan are the States with low density and high crime rates. In case of Union Territories also Dadara Nagar Haveli has low density and high crime rates when compared to Daman & Div and Delhi. On an average Maharashtra is at fourth number in registering the cases of atrocities against Scheduled Tribes among overall total. Nagaland, Arunachal Pradesh, Meghalaya are the States, which have low rate of atrocities on Scheduled Castes. All these States were previously Union Territories, which have been upgraded into States. It is surprising that Union Territory of Lakshadweep has high density of population but it is not affected in general by atrocities against Scheduled Castes. Goa, Mizoram and Nagaland are the States, which have low rate of atrocities on Scheduled Tribes. All these States were previously Union Territories, which have been up graded into States. It is surprising that Union Territory of Chandigarh has high density of population but it is not affected in general by atrocities against Scheduled Tribes. “Atrocities are both an antecedent and consequences of protest, tension and conflict between the Scheduled and non-Scheduled Castes. In fact, conflict and change are much more characteristic of modern industrial societies (Beteille, 1975). After independence, India has experienced industrialization and economic development but more in urban than in rural areas. As a whole, the country has progressed in the recent times, but such progress is uneven as some regions are still socially and economically backward. These are Bihar and Eastern Uttar Pradesh, part of Orissa and Andhra Pradesh, Madhya Pradesh and part of Maharashtra and Gujarat and Rajasthan. This is clear from fact that per capita income (barring their overall economic and industrial development) in some of these States is less than in other States. For instance, Andhra Pradesh, Bihar, Madhya Pradesh, Orissa, Rajasthan and Uttar Pradesh had per

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capita income of less than Rs.1000 during the year 1974-75. Unlike these, Gujarat and Maharashtra had more than Rs.1000 during the said period. Then, atrocities vis-à-vis conflicts between the Scheduled and nonScheduled Castes should have occurred more in those states where per capita income is high. But contrary to that, atrocities have been committed on the Scheduled Castes in the different States irrespective of their social and economic development. In fact, the cases of atrocities are more in the States of Madhya Pradesh, Maharashtra, Gujarat, Uttar Pradesh, Karnataka, Bihar, Rajasthan and Tamil Nadu than in other States. This does not mean that the Scheduled Castes are safe in urban areas. In fact, they have been attacked, under one pretext or the other, in some town and cities also in different parts of the country. For instance, Jatavs’ procession of the birth centenary celebration of Dr. Ambedkar was attacked on April 14, 1978 by both caste Hindus and later by the police administration in the name of maintaining the law and order. A number of Jatavs lost their lives and their houses and properties were ransacked, looted and destroyed (see Lynch, 1981; Ram, 1984). Similarly, the Scheduled Castes and the Neo-Buddhists were brutally assaulted, some were killed and their houses and properties were destroyed by caste Hindus in Aurangabad city in 1981 due to their agitation of renaming the Marathwada University after Dr. Ambedkar. The cases of atrocities on the Scheduled Castes by the Patels and the police in Ahmedabad, Surat, Baroda and several other cities (and villages) in Gujarat on the issue of reservation are still present in our memory. Thus, the cases of atrocities on the Scheduled Castes are both in urban and rural areas, but more in rural areas where the caste Hindus and the police get relatively free hand in committing assault on them. Atrocities are, thus inflicted more on those Scheduled Castes who are socially mobile and who assert more for their rights and respectable status in the society. For instance, the Chamars in Bihar and Uttar Pradesh, Madigas in Andhra Pradesh, Mahars in Maharashtra, Vankars in Gujarat, etc. are more victims of atrocities than other Scheduled Castes in these States. However, one thing is clear that those members of such castes who are better educated, employed, in bureaucratic jobs and have improved their political and economic position are found less in number amongst the victims of physical violence than those who lag behind. Nevertheless, a certain more subtle form of atrocities is discrimination of one type or the other such as making disparaging remarks taunting etc., are inflicted on them. Not only that but they are made to some extent, to appear as

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alienated form the problems of the majority of the Scheduled Castes though the reality is something different.”3 The State of Maharashtra has a history of a vibrant social reforms movement, which has addressed issues relating the caste system, untouchability, religion and liberation from the Colonial Rule. Great Social Reformers like Jotiba Phule, Maharshi Karve, Vitthal Ramaji Shinde, Dr. Babasaheb Ambedkar, Rajarshee Shahu Maharaj and Mahatma Gandhiji tried for upliftment of these weaker sections i.e. of Scheduled Castes and Scheduled Tribes. Mahatma Jotiba Phule is a social reformer who has opened his well for drinking water to the lower caste people like Scheduled Castes and Scheduled Tribes, started special schools for children of these people. He wrote a book entitled “Gulamgiri” on this issue. Table No. 2 Atrocities Against Scheduled Castes and Scheduled Tribes in Maharashtra 1987-1996 Year

Total incidence of IPC

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Total

176014 178838 189055 185652 192295 196370 184589 181643 194163 197471 1876090

Atrocities against Scheduled Castes NA NA 515 421 609 1231 1323 1475 1622 1352 8548

Proportion with total incident of IPC 0.27 0.22 0.31 0.62 0.71 0.81 0.83 0.68 0.45

Atrocities against Scheduled Tribes NA NA 205 103 154 244 281 446 505 337 2275

Proportion with total incident of IPC 0.10 0.05 0.08 0.12 0.15 0.24 0.26 0.17 0.12

The Table No. 2 indicates that in Maharashtra, there is fluctuating trend of total incidents, atrocities against Scheduled Castes and Scheduled Tribes and proportion of atrocities against Scheduled Castes and Scheduled Tribes with incidence of atrocities falling under Indian Penal Code during 1987-1996. If we take number of atrocities on Scheduled Castes in Maharashtra in 1989 as base, then the number has increased and it has

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reached up to 1622 whereas if we take number of atrocities on Scheduled Tribes in Maharashtra in 1989 as base, then the number has fluctuatingly increased and it has reached up to 505. The total atrocities on an average of eight year in proportionate with IPC in connection with Scheduled Castes shows 0.45% while in case of Scheduled Tribes it shows 0.12%. Maharashtra is among the high crime-prone States as far as the atrocities against Scheduled Castes and Scheduled Tribes is concerned. This could be attributed to more awareness among the members of Scheduled Castes and Scheduled Tribes of Maharashtra. If we calculate average of 10 years (1987-1996), 1069 cases of atrocities against Scheduled Castes and 284 cases of atrocities against Scheduled Tribes were registered every year, which contributes to 37% crime of the country considering only atrocities against Scheduled Castes and Scheduled Tribes is concerned and 0.67% with total average of IPC crime of the country. Maharashtra overall ranks fifth in atrocities against SCs and fourth in atrocities against STs. Atrocities against Scheduled Castes and Scheduled Tribes shows fluctuating trend. In case of atrocities on Scheduled Castes other offences constitute 40.72%, crime followed by Protection of Civil Rights Act 35.03%, SC/ST (Prevention of Atrocities) Act 22.25%, Hurt – 10.21%, Rape – 04.03%, Murder – 01.67%, Kidnapping/abduction – 01.49%, Robbery – 01.34%, Arson – 01.29%, Dacoity – 0.31% whereas in case of atrocities on Scheduled Tribes other offences – 60.52%, followed by SC/ST. (Prevention of Atrocities) Act – 21.07%, Hurt – 16.84%, Rape – 09.66%, Protection of Civil Rights Act – 05.32%, Murder – 04.31%, Kidnapping/Abduction – 02.67%, Robbery – 01.6%, Arson – 01.08%, Dacoity – 0.198%. On an average cases in case of atrocities on Scheduled Castes, Murder – 19, Dacoity – 04, Robbery – 10, Arson – 13, Kidnapping and abduction – 12, Rape – 41, Protection of Civil Rights Act – 363, SC/ST (Prevention of Atrocities) Act – 328, Other offences – 409 are registered in the State per year. In case of atrocities on Scheduled Tribes, Murder – 12, Dacoity – 01, Robbery – 03, Hurt – 72, Kidnapping and abduction – 07, Rape – 26, Protection of Civil Rights Act – 15, SC/ST (Prevention of Atrocities) Act – 21, Other offences – 156 are registered in the State per year. As far as, on an average the percentage of total crime in Maharashtra with the atrocities on Scheduled Castes constitutes, Murder – 0.058%, Dacoity – 0.001%, Robbery – 0.75%, Arson – 0.006%, Hurt – 0.104%, Kidnapping and abduction – 0.006%, Rape – 0.020%, Protection of Civil Rights act – 0.187%, SC/ST (Prevention of Atrocities) Act – 0.16%, other offences 0.20%. In case of Scheduled Tribes Murder – 0.005%, Dacoity – 0.0002%, Robbery – 0.001%, Arson – 0.001%, Hurt –

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0.037%, Kidnapping and abduction – 0.003%, SC/ST (Prevention of Atrocities) Act – 0.047%, other offences – 0.081%. Atrocities against Scheduled Castes is 0.45% when compared with total IPC Crime of the State, whereas atrocities against Scheduled Tribes it is 0.14%.It may be observed that in Kolhapur district 54.34 per cent of the Scheduled Caste are found to be literate which is significantly less than the general literacy rate of the district (66.94%). Among the males it accounts for 68.23 per cent while for females the rate is comparatively low i.e. 39.94 per cent. As far as Scheduled Tribes are concerned the literacy rates are comparatively lower than the general literacy of the district. It may be observed that 61.06 per cent of the Scheduled Tribes are literate. For male it is 76.33 per cent and for female it works out to 45.17 per cent. Rural area recorded 60.37 per cent Scheduled Tribe as literate and urban area 65.54 per cent. Bhudargad tahsil recorded vary low literacy rate i.e. 37.56 per cent. It is interesting to note that Scheduled Caste literacy rate (54.34%) is lower than Scheduled Tribe literacy rate (61.06%) in the district. Factors such as location, proximity to urban centers, caste composition, settlement pattern, level of social and economic development, attitude of villagers towards literacy and female education, availability of schools and teachers etc. are quite important factors and each one of these factors exert considerable influence on the literacy rate in any given area. On this background of Kolhapur District, it will be appropriate to present the data of cases of atrocities against Scheduled Castes and Scheduled Tribes in Kolhapur District.

Atrocities against scheduled castes and scheduled tribes in Kolhapur District The average annual IPC crime of 10 years (1987-1996) of the Kolhapur District was 3175.6. The major contributing heads of this crime are IPC other crime 25.22%, Thefts 23.42%, Hurts 18.18%, HBTs 10.19%, Riot05.99%, Murders 02.46%. Atrocities against Scheduled Castes and Scheduled Tribes 01.65%, Remaining heads of crime contribute 12.89%. The average annual cases of atrocities against Scheduled Castes and Scheduled Tribes for last ten years is 053.2. Except in year 1992, (90 cases) the cases of atrocities against Scheduled Castes and Scheduled Tribes have not shown any significant increase during the last 10 years. It

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has increased at normal rate as other crimes and also shown fluctuations during the period under study. In Kolhapur District on an average annually 16.4 cases (30.61) of other IPC offences, Protection of Civil Rights Act & Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act 1989. Followed by offences under SC/ST (Prevention of Atrocities) Act 15.6 cases (27.63), Protection of Civil Rights Act – 09.1 cases (18.32), Hurt - 07.1 cases (13.33), Arson - 02.1 cases (03.92), Rape - 1.0 cases (2.13), Murder - 0.8 cases (1.40), Robbery - 0.5 cases (0.972), Dacoity- 0.3 cases (0.547), Kidnapping & abduction - 0.3 cases (0.48) are registered. In the head of other offences major crime observed is in cases of Riot, Molestation, House tress pass etc. All the heads of atrocities on Scheduled Castes and Scheduled Tribes have shown fluctuating trend during the period under study. Except in year 1992 under the head SC/ST (Prevention of Atrocities) Act (47 cases) there is no marked increase under any head over the last 10 years. The minimum and maximum number under each head is shown in Table No. 3 Table No. 3 Atrocities against Scheduled Castes and Scheduled Tribes in Kolhapur District 1987-96 Sr.No. 1 2 3 4 5 6 7

Head Murder Dacoity Robbery Arson Hurt Kidnapping & abduction Rape

8

Protection of Act

1

1987,1988,1989, 1991,1993,1994 1995

9

SC/ST (Prevention of Atrocities) Act Other

1

1990

47

9

1995

28

10

Minimum 1 1 1 1 3 1

Years 1993 & 1994 1990,1991&1993 1991 & 1994 1987 &1991 1989 1989,1991 & 1992

Maximum 3 2 5 12 -

1

2 23

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The minimum number of cases was under the headings murder, dacoity, robbery, arson, kidnapping and abduction, rape, and maximum number of cases were SC/ST (Prevention of atrocities) Act, Protection of Civil Rights Act, Other offences and Hurt. Kolhapur District presents a peculiar picture of crime, which is very relevant with its culture, tradition and other demographic factors.

Population density, Sex ratio and Literacy rate in India, Maharashtra and Kolhapur District Kolhapur District has higher density of population than the State and Country.It has higher sex ratio than Maharashtra State and Country. It has also higher rate of literacy in the State and Country. Particularly the female literacy rate is higher in the State and country. Literacy rate of Scheduled Castes in Kolhapur District is 54.34, in which urban area contributes 55.83% while rural area 53.91%. Also the literacy rate of Scheduled Tribes in Kolhapur District is 61.06%, in which urban area contributes 6 5.54 while rural area 60.37. Gradually the rate of registration of cases of atrocities against Scheduled Castes and Scheduled Tribes in Kolhapur District is on increase. This is a very positive sign of the awareness of the law amongst the Scheduled Caste and Scheduled Tribe persons in the Kolhapur District. According to the procedures and directions by law there is free registration of crime (cases) against Scheduled Castes and Scheduled Tribes, which is an indication of progressive society with regard to the crime scenario of the district. A study on certain aspects based on total cases of atrocities against SCs and STs in Kolhapur District for the period 1987 to 1996 was undertaken. According to data that 80.82% complainants are male and 19.17% complainants are females in these cases. Among the male complainants the higher age-group is of 31 to 40 years (30.07%), followed by 21 to 30 years (27.80%) aged persons, 41 to 50 years (12.21%), which indicates that majority of the complainants are from age group between 21 to 50. The people of S.C. are well aware about their rights and sensitive in lodging the complaints. In the women’s category the age group of 21 to 30 years (8.27%) and 31 to 40 years (5.45%) is very sensitive and initiated in lodging the complaints without any hesitation. It is very clear that the Mahar caste is very

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prominent in lodging the complaint. Among the male their percentage is (61.65%), whereas in female it is (13.72%) which suggests that (75.37%) complainants are from the Mahar caste alone.Then it is Mang caste, in which the percentage of male complainant is (12.59%) and female (3.94%) which means (16.53%) complainants are from Mang caste. Other castes following the above are Chambhar – male (5.63%), female (1.72%) i.e. total (6.75%), Nhavi – male (0.37%), Faseparadhi – male (90.18%), Khatik – male (0.18%), Bhangi – male (0.18%) and amongst female Dhor (0.18%). It is specific indication that as also complainant the ratio of male accused is more in number. Out of 1713 total accused 1615 were male (94.27%), while 98 were female (5.72%). As far as the age group of accused is concerned, as seen earlier in the complainants’ category the accused in the age group between 21 to 50 is prominent (total 76.73% in case of male). More prominent age group of women is 21 to 40 (4.37%). The prominent age group who committed atrocities against the SCs and STs is age group – 21 to 30 – 37.47%, followed by 31 to 40 – 26.85% and 41 to 50 – 14.41%. It is also interesting to note here that the accused of age group between 61 to 70 has shown sensible participation in the criminal act. Accused between age group 71 to 80 (1.40%) and 81 to 90 (0.17%) indicates that the impact of committing atrocities against SCs and STs is the grass root mind set of old time thinking of such persons about SCs and STs and that mind set has not yet been changed. It is also one of the interesting thing seen that, the women accused between age group 61 to 70 (0.23%) also participated in the criminal act. It is clear that in case of male accused the Maratha caste (72.27%) is very active in committing the atrocities against Scheduled Castes and Scheduled Tribes. The more population of Maratha caste is seen in the district and it is the prominent number seen here also. Jain (6.30%), Muslim (3.61%) and Lingayat (3.09%) are the other castes who have also participated independently or jointly with Maratha caste in committing the criminal act against the Scheduled Caste and Schedule Tribes. It is interesting to note that alongwith other sub-castes as indicated in the table, Mahar (1.80%), Mang (0.23%), Chambhar (0.23%), Kumbhar (0.99%), Pardhi (1.12%), Sutar (1.12%),Vadar (0.75%), Berad (0.46%) are

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the other prominent Scheduled Caste and Scheduled Tribe members who participated in committing the crime. It is interesting to note that Mahar caste people participated with indicated number (4) in committing molestation offence. As in case of caste of women accused is concerned it is clear that (3.96%), Maratha women participated hand in hand with male accused in committing crimes, followed it by Muslim women (0.75%) are more in number. The data indicates that in nearly half of the cases (46.61%) no delay in lodging the complaint has been seen which is one of the positive sign, because the delay in registering an offence resulted in adverse (negative) result of the case. Following it is the delay of lodging the F.I.Rs. 1 to 10 days (41.72%), this delay has been thought to be the delay to lodge the complaints after discussion with family members or other reasons, such a big pressure of the incidence. Most of the delay cases are seen in Hurt (27), Riot (30) and P.A.A./P.C.R./I.P.C. (89), molestation (19). The delay thereafter seen in case of 11 to 20 days (4.32%), 21 to 30 days (2.06%), 1 to 2 months (1.31%) which is one of the reasons in ending the cases acquittal, as most of the cases were decided on this reason and it has positively seen from the case studies of decided cases that the special courts specifically pointed out on this issue in majority cases while acquitting. It was very surprising thing that in 2 cases (0.37%) the complaints were lodged after 6 months to 1 year delay, in a case (0.18%) the delay of 1 to 2 year and 2 to 3 years in lodging the F.I.Rs. has been seen and in two cases (0.37%) the delay of 4 to 5 years period has been seen in lodging the F.I.Rs. It is interesting to note that in one case of rape the complaint was lodged after 2 to 3 years period, which is very negative approach. Due to unsettlement factors such delay might have occurred. Lodging the complaints with delay should be supported with sufficient causes. Court took a note of this fact specifically in the judgment and acquitted the accused in these cases on this reason.

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As per Government of Maharashtra’s and Director General of Police, M.S. Mumbai’s circulars from time to time, majority of the cases (55.82%) the chargesheet were submitted in the court within prescribe time limit i.e. within a month period. As serious offences like Murder, Dacoity, Robbery, H.B.Ts., Hurt, Rape, Molestation, Riot, Housetresspass, Assault on Government Servants, Obstruction from doing work etc. requires minimum period of 2 to 3 months for detailed investigation. In Majority of those cases the charge sheets were submitted (in 25% cases) in 1 to 2 months, (in 10.33% cases) in 2 to 3 months and (3.57% cases) in 3 to 4 months. The delay thereafter is an adverse indication and negative sign of investigating authority. Most of the cases chargesheeted after such period have ended in acquittal, as proper evidence has not been collected. Although Government of India, Government of Maharashtra and Director General of Police, Maharashtra, from time to time issued various circulars and positive instructions regarding completing the investigation within one months period. The period taken for decision of the case has shown that most of the cases were decided within the period of 6 years, due to huge pendency before various courts. More cases were decided in a period between 2 to 3 years i.e. 19.36% cases, followed it by between 3 to 4 years – 17.48% cases, between 1 to 2 year – 15.60%, between 4 to 5 years – 10.33%, between 5 to 6 years – 6.57% cases and between 6 to 9 years – 4.69% cases. It is very interesting thing is that considerable period of decision of the case i.e. below 6 month (36.76) out of 532 cases were decided which is a positive sign of result, as most of the witnesses were compromised, settled the matter out of court or delay period makes them to avoid the court procedure, hence they are either hostile or told different stories in the court at the time of evidence. Some cases were decided after 7 to 14 years period which is due to the negative approach of bringing results of the decided cases at the very early stage of decision at Police Station level the record of the cases were not noted at right time.

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No decision within the period of 2 to 3 year is the justice delayed and resulted in justice denied, hence the judiciary machinery now started to have a quick disposal of the cases, which is a positive sign. Majority (90.41%) of the cases took place in rural area, which is indication that as seen in old days the mindset of rural people is very prominent in acting against SCs and STs. Today also rural area is at the stage of acting against SCs and STs. Because in the last 10 years no positive indication has been seen in avoiding and committing atrocities against Scheduled Castes and Scheduled Tribes. In city area only 9.58% cases were reported during this period. And most of the cases of atrocities committed against SCs and STs are seen on open place (44.92%), followed it in house (21.05%), on road (13.53%), in farm/field (11.27%), in the office (6.01%), in the hut (2.63%). No doubt the aim of Government of Maharashtra and Government of India is to avoid non-tribals from getting facilities of tribal people, at the same time it is necessary to see, whether the work is going on as per the instructions. If real tribe person suffers from this and has to approach the High Court and Supreme Court for justice then what is the use of an authority whose decisions were set aside, further by the concerned courts? Government of Maharashtra should form a committee for enquiring and deciding the cases of such tribal people. The President of Mahadev Koli or other Scheduled Tribe Community of the concerned Division should be appointed chairman of this committee and attempt should be made to give the judgment in such a way that while denying proofs, the reasons and evidence according to law should be given. So that the tribe people cannot suffer financial loss psychological stress, mental stress, uncertainty during filling appeals against the committee’s decision. From the study of 53 cases decided by the courts, it was found that following were the reasons resulted.

Cases of Atrocities Relating to Religion, Obstruction/Prohibition, Mischiefs, Womenfolk, Other Offences, Humiliation at Public Places 1.

It has been observed that the Protection of Civil Rights Act 1955 and SC/ST (Prevention of Atrocities) Act 1989 along with their rules are misused by the people (complainants), because in many cases they lodge the complaints after consulting their party leaders,

48

2.

3.

4.

5.

6.

7.

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leaders who are well aware about these Acts and also consultation with family members. Many a times on account of previous rivalry and political rivalry the cases are filed which are taken by Court on record. Out of Court settlements have been seen in few cases. At the time of lodging of complaint, the complainant is in angry and emotional stage and so he lodges the complaint. But after some period due to social pressure, political pressure, surrounding social atmosphere and in order to maintain good relations with the members in society, these complainants and witnesses did not support the case during trials in court, they either became hostile or told different stories in court. In most of the villages selected for case study, it was found that Maratha, Lingayat and Jain communities have dominance and they had committed atrocities against SCs and STs. To get political power and maintain leadership in all social institutions and also in society, the dominant factor has always remained over SCs and STs. In cases of atrocities against womenfolk i.e. in case of molestation, the victims who were not married at that time have married and living joyful life. The deaf and dumb victims are living with their relatives. One victim of rape is living at her mother’s place as the husband left her to live there. It is found that most of the accused and complainant maintained good reputation and status in society, busy in their farming, and some are engaged in the political field as workers and some are holding the posts in Grampanchayat. In a case it transpired that due to Maratha caste dominance, the members of these caste put a no confidence motion against the SC woman sarpanch and did not attended meeting called by her and they did not want to work under her authority which is the sign of conservative nature of these people. The registration of offences, investigation of the offences has big lapses in most of the cases. Registration of proper F.I.R. is the most important point for investigation of the case. The F.I.R. should have the reasons, intentions, the facts of previous quarrel, political rivalry etc. along with the reasons for delay if any. Many lacunae/lapses found the investigation, I.O’s did not give attention on collecting the proper evidence at the stage of investigation, did not collect caste certificates of accused and complainants/victims, injury certificates of victims and also in some cases the material and

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8.

9.

49

documentary evidence has not been collected and properly recorded in the end, helped the accused in getting acquitted from the cases. The statistics show that majority cases of atrocities on SCs and STs the accuredare acquitted and main reason behind it is become hostile, then it is important to study the reasons why the witnesses are hostile or turn away from their original statement, which they stated before the police. As the total verdict/decision of the case is depending upon the evidence of witnesses, we must know the exact reason behind their turning away from original versions. Most important factors to be studied about the witnesses are: how the Police treat the witness? Whether the witness gets proper importance and treatment from courts? If these points are operated positively, then the witnesses will be useful in the prosecution process. The main points which disturb the witnesses are : 1) when witnesses are called repeatedly in the court, they are disturbed as they are from lower income group and daily income from minor works is lost.. When they do not work on a day, their whole family suffers from starvation. Thus the fund of Rs.10/- for giving evidence in the court and sparing his whole day for that purpose affects him and his family’s daily life. Here Hon. Supreme Court Judge Justice R.T. Thomas and Justice R.P. Sethi’s instructions are very clear. If the witness should come in court for evidence he should be properly treated, guided and his evidence should be completed within that day so that he can make his further needs in the spare time and due to good behaviour and proper help, he can give the evidence without any stress. Another point is that majority of the witnesses are being threatened by the accured and as they are not given proper security, the witnesses show their negative approach towards helping and giving evidence in the court. The Commission headed by Hon. Justice Mallimath suggested that some important guideline regarding the improvements in judicial system. If the witnesses in sensational cases are given proper security, then they will reality and easily help in the case. Government of India vide their G.S.R. 316(E), dated 31st March 1995 and with the exercise of the power conferred by Sub-Section 23 of the SC/ST (Prevention of Atrocities) Act 1989 (33 of 1989) made the Rules and these were started with effect from 31st March 1995 (Published in the Gazette of India, Extraordinary, Pt. II, Sec. 3(i), dated 31st March, 1995 (w.e.f. 31st March, 1995).

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According to Rule 7(1) an offence committed under the Act shall be investigated by a Police Officer not below the rank of Dy. S.P. The Investigation Officer shall be appointed by the State Government, Director General of Police, Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it alongwith lines within the shortest possible time. The observations from the cases studied indicate that the Special Judge while deciding the cases mainly press on the point of I.O. as Dy.S.P’s are not investigating the cases after formation of above rule and hence on this point the accured were acquitted. The cases investigated by Dy.S.P’s shows that in the judgments of cases where the accured was acquitted the investigation done is of very poor quality and although Government and higher authorities are expected to do the investigation with standard quality by these rank officers, big lacunae were found and these lacunae towards the investigation which should be completed with the help of subordinates and proper care was not taken personally by these Dy. S.P’s. 10. Another important fact has been observed that according to SC/ST (Prevention of Atrocities) Rules – 1995, as per Sec. 12 Social Welfare Department, Kolhapur has given Rs. 8,38,750/- to 110 victims in 263 cases as compensation amount in the cases registered from 1995 to 2001. Only in a single case the accured has been convicted. The point is whether compensation should be given or not ? Because Government has no gain from this. The committee rejected 90 claims, which is a good sign of proper implementation. In a case of Gaganbavada the compensation amount is being given to the complainant but the complainant did not support prosecution at the time of hearing of the case when giving evidence hence Government pleader pointed out towards the compensation taken by the complainant according to Sec.12 of the above rule and become hostile at the time of giving evidence in court. The Government pleader requested to recover the compensation amount from complainant. A big loophole seen while framing these rules has been seen here that as per the provisions made in the rule, the provision of recovery of such given compensation was not laid down anywhere in the rule. So Court was unable to issue the order of recovery of the given compensation amount given although the

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court observed the facts. Hence rise in such practices has also been seen. 11.

Government of Maharashtra although plays a very vital role in implementation of the law effectively, during the period of Shivsena-BJP rule 106 cases of Kolhapur District were withdrawn. The Government of Maharashtra vide No. PCR/3094/ Kolhapur/1456/Special-6 Home Dept. (Special) Mumbai dated 29th October 1994 and 21st May 1996 sent letters to District Magistrate, Kolhapur regarding withdrawal of minor cases registered under Protection of Civil Rights Act and SC/ST (Prevention of Atrocities) Act with reference to District Magistrate, Kolhapur’s (1) letter No. Karyasan-d7/Griha/RR/1524/94 dated 29-6-1994, Government of Maharashtra has permitted to withdraw 76 cases and 30 cases vide above orders. In these cases while withdrawing no consent or say has been taken from complainants who lodged their complaints for getting justice according to law. This policy of withdrawal of cases without the consent of complainant shows controversial behaviour of Government while implementing the provisions.

12.

The cases which ended in acquittal of the accured show following reasons :

(a)

The complainants are compelled under duress to compromise the cases, as such they come to compromise.

(b)

The complainants fail to produce sufficient cogent evidence to convince the Judge. It is because of their socio-economic and educational back-wardness and apathy of caste Maratha etc. towards them which becomes hinderance in getting independent evidence for them.

(c)

Procedural lacuna comes in the way of social justice, the Police Officers do not undertake expeditious and flawless investigation nor they have interest to do so.

(d)

No independent witness comes forward to corroborate the complainant’s version, those who come forward tell different stories at the time of evidence.

(e)

Generally the complaints are not lodged immediately. The delays are viewed adversely by the Courts.

(f)

Due to poverty and fear of the retaliation from the rich accused the complainants do not contest the case strongly.

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(g)

False or exaggerated cases are reported due to group fraction in the villages.

(h)

Due to fear of retribution of reprisal or future promises, the complainants think to withdraw the case by keeping himself away from the witness box.

(i)

In some cases contradictions between the evidence given by family members themselves along with their relatives have been found and in some cases the complainant did not disclose the facts of the offence and turn hostile.

The same causes have been observed by Sessions Court and J.M.F.C. Court at Aurangabad and a syndicate study carried out by S.V.P. National Police Academy. Another important point noticed now a days is that although there were constitutional provisions and stringent Acts available for implementation of the protection of the rights of Dalits, it is found that still Dalits were keept away from their rights by disallowing them entry in the temples. It is learnt that about 127 villages in Jat Tahasil of Sangli District and in some villages viz. Keradgad in Orissa State, the Dalits were keeping away from performing their religious rituals in the temples, a result of which seen in Keradgad village that about 1000 Dalits left Hindu religion and accepted Bouddh religion. Such factors thus, are required to be seriously viewed which deny the dalits their rights in the contemporary India. The philosophers, thinkers, researchers, law implementing agencies, administration etc. need to provide special attention on such incidence.

Notes 1. R.K. Kshirsagar, Untouchability in India : Implementation of the law and abolition –PP. 223-226. 2. Nandu Ram “Atrocities on the Weaker Sections : Some Developmental Constructs” in S.N. Pawar and R.B. Patil (Eds). “Problems and Prospects of Development in Rural India”, 1.pp. XIV, XVI. 3. S. Malik, Commentaries on The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – 1989, P. 79.

CHAPTER FIVE PROBLEMS OF WOMEN AMONG THE KUKI TRIBES TINKHONEI HAOKIP

1. Introduction Manipur is the homeland of the Meiteis, the Muslims and the indigenous tribes who have dwelt there for years. The Kukis are one of the indigenous tribes of the Indian Union, having close affinity with the Mizos in Mizoram and Chins in Myanmar. They are found in all the north-eastern states of India and Myanmar. However, they are mainly concentrated in Manipur state. The Kuki-Chin-Mizo group in Manipur includes the Anal, Aimol, Biete Chin, Chiru, Chothe, Gangte, Hamar, Khotlang, Kom, Koirao, Koireng, Khelma, Lamkang, Lushai, Paite, Poi, Purum, Simte, Sukte, Thadou, Vaiphei, Zou, etc.1 The population of Manipur, according to the 2001 census is 2,388,634, representing only 0.22 per cent of the total population of India, while the tribals in Manipur constitute 632,173 persons, 1,207,338 male and 1,181,296 female respectively. Tribals represent 34.41 per cent of the total population and tribal women represent 30.05 per cent of the total female population of the state.2

2. The Problem It is generally believed that not only the Kuki women, but tribal women in the North-east India enjoy a high status because their societies are egalitarian, they have no purdah system, there is no restriction on women’s movement, food habits, attire and widow remarriage. However, men in their own societies do not treat them as their equals. Tribal women are thrice oppressed; firstly as women and secondly as tribal, third as tribal women. In fact, the status of women in the Kuki society is very low. In the family, they are bound to serve in the house, look after children as well as

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the field. The expectation from them is very high but they get a very small share from the family. The customary laws of the Kuki tribes are clearly in favor of men specially those of heirs and inheritance. This is one of the most unfortunate aspects of tribal people in the region and factors like education, occupation, and religion do not seem to have had any success towards overcoming such gender bias among men and women. Images of women in tribal societies of the region are rather negative. They are often equated with animals or birds and conceived of as having less intelligence or wisdom. Thus, we find proverbs among the Mizos, which say that women’s wisdom cannot extend beyond the bank of a river; that a wife and an old fence can be replaced at any time; and an unbeaten wife and an uncut weed of the field are both unbearable. They consider women’s words as having no value because ‘a crab’s meat is not counted as meat, so also a woman’s work cannot be counted as words’. In traditional Garo society, women are ridiculed with the saying that just as a goat is without teeth, so a woman lacks brain. Among the Nishis of Arunachal, a man’s social status is reckoned in terms of the number of wives and mithuns he possesses. The Mayon of Manipur consider women as having no principles because they do not have a permanent clan, for their clans change into that of their husbands when they marry.

3. Gender Problem The attitudes towards women reflect their status in the family and society on the whole. The Kuki societies in Manipur notions such as the following reflect the basically patriarchal society. Birth of a male child is auspicious because the child is the heir of the family and he will inherit his father’s property. Birth of a female child is welcomed not because she is special but for the reason that she will help her mother in household chores and serve her brother/s. A daughter is not entitled to inherit any of her father’s property even if she is the only child in the family. Further, a wife is usually not associated with any decision-making process involving money. Kukis are not an exception. Even in Arunachal tribes all matters relating to purchase and disposal of any family property or those relating to brideprice, etc. are decided by men only. It is also believed that in tribal societies, girls are free to marry whomsoever they like and parents simply agree to their will. But facts reveal that among some Naga tribes, the opposite is the reality. The girl’s parents demand huge property as bride

Problems of Women among the Kuki Tribes

55

price for their daughter. She does not have any option to choose her life partner. If she refuses her parents’ choice, her family discards her.3

4. Educational Problem Table No.1. Respondent’s educational qualification Sl. No. 1 2 3 4 5 6 7 8

Education Illiterate Primary Secondary Undergraduate Graduate Post-graduate Professional Total

Number of respondents

%

6 7 5 15 16 12 4 65

9 11 8 23 25 18 6 100

The traditional Kuki society women were not encouraged to study. When asked, what could be the main reason why women were not given education? Some of the answers given by the respondents are: (1) Parents were ignorant and considered that giving education to female child was great loss to the family. It was thought that getting maximum service from female child before she gets married was beneficial for the family. It was thought that educating a daughter is like manuring someone else’s courtyard. Doing household chores and service to the family and entertaining guests were considered as women’s duty. Men never thought doing domestic work as their duty. Therefore, the door of education for women was tightly closed because of the customs and their ignorance. (2) The Kukis are neglected by the State Government, not only in education but in all aspects. It is fortunate for the Kukis that the Christian missionaries along with their mission brought education to the Kukis in general and women in particular. As a result, the present Kuki women have privilege to have formal education.4 This can be seen from the above table, that shows about 90 per cent of the respondents have at least primary education. However, it is still felt that the parents who always prefer son/s than daughter/s to give the best education, neglect women. It is a cry for the Kuki women to have

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equal opportunity among men and women in education. The literacy rate of Manipur as per 2001 is 68.87% male 77.87% and female 59.70%.5

5. Economic problems As is the case with tribals as a whole, the main occupation of the Kuki society in Manipur is agriculture. The family is the unit of production. All the members of the family whether husband or wife, parents or children, together form the production unit. They usually produce what they actually need. Yet, it never means that the family is self-sufficient. The method used in agriculture is shifting/jhuming cultivation. The main products include rice, millet, pumpkin, cucumber, chilly, black gram, mustard leaf, gourd, brinjal, onion, potato, etc.6 The people have no access to the modern technology but have to work hard by themselves in the field from early morning till dark in the evening. Fishing, hunting, wooden work, bamboo and cane works are other resource for men. In the traditional society every man is expected to be familiar with the art of bamboo and cane work. Indeed they were expert in handicrafts, making of basket, mat, chair, table etc The Kuki women play a vital role in the family economy. Part a from the above mentioned occupation weaving and knitting are other economic resources for the Thadou Kuki women. In the traditional Kuki society every woman was expected to be familiar with weaving and knitting. Indeed their design works are marvelous and they are well known for their creativity in making designs. They weave varieties of garments, shawls and lungies of different designs both for male and female. Thangnang, Saipikhup and Mangvom are some of the beautiful and popular shawls both for men and women and Kamtang, Pondum and many other varieties of pahchapons are lungi/skirt for women. They also knit designs of warm clothes for their own use as well as their family use and sell the surplus to the market. This helps them in cash credit for their personal use and their family as well. The Thadou Kuki women have at all times and in all types of economy made a substantial contribution to the production and distribution of their community resources. D.P. Haokip, in the book “Customary Laws of the Thadou Kuki Tribe”, rightly points out that for the thadou Kuki women there are no holidays, they have work from dawn to dust.7

Problems of Women among the Kuki Tribes

57

6. Problems of Power-authority and Politics Village is an independent political unit among the Kukis, and the Chief of the village and his Council of Ministers are the political leaders. Administration of justice, enforcement of executive functions, maintenance of social practices and customary law, including religious performances are the areas of the village administration under the Chief and his Council of Ministers. Thus, a Kuki village is an important administrative unit. The office of the Chief is hereditary, passed on from the father to the eldest son.8 The customary law does not permit a daughter to take over the chieftainship/office even if she is the only child in the family. Though Kuki women contributed equally with men in all aspects, they do not have part in any decision-making. In politics, women have been playing important indirect roles through their votes. But whom they should vote is decided by the husband/head of the family. They do not have important place in real political machinery. Facts show that even today, though some women contest in the State and Central Assembly elections, they seldom win, why? It may probably be just because they are women and do not get popular confidence and are not encouraged and supported by the society. As a result, there is no woman member in the State Assembly till now and only one woman was once elected in Central Assembly. The ongoing political movement and ethnic problems between different communities that were going on for years particularly between the Kukis and the Nagas has badly affected the life of women and children.

7. Health Problem Most of the Kuki settlements are on hill area and away from the hospitals and clinics. As a result the society as a whole and women in particular faced problem in getting medical assistance. 14 per cent of the respondents do not get medical services at all and 39 per cent say there is no regular medical assistance given to them during their pregnancy. It has been clearly seen from respondents that even today health care of pregnant women is neglected. In some cases though medicines are available to the women, they could not afford to by them, due to poverty. The prices of the medicines are even higher than the rest of the country. Therefore, it is very essential to provide medical services at low cost and ensure the availability and regularity of health care for women especially those who are away

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from the hospitals/clinics. In addition to that a woman does not have right to decide whether or not she is willing to have many children. A woman cannot do any family planning on her own will until a male child is born. In many cases, a woman may have many daughters but she is not allowed to use any contraceptive simply because there is no son. Spouses, partners and mothers-in-law often make decision for women on contraceptive choice and use. The patriarchal nature of society is strong.

8. Religious Life The following table gives the percentage distribution of the different religion groups for the state as per 1991 Census. Table No.2. State MANIPUR

Hinduism

Christianity

Islam

Jains

Buddhist

Sikhs

other

57.67

34.11

7.27

0.07

0.04

0.07

0.77

Source: Census of India, 1991, Series-15, Manipur, Part-XI, Census Atlas

Though traditional Kukis were believed to be animist, they were neither Hindu nor animist. It has been said that natural objects such as stones, trees, mountains, rivers and certain places were believed to be abode of the spirits and demons. This idea led them to the worship of nature however; they did not worship the object but the spirit that dwelt in it.9 They believed that these spirits forces alive in the nature were hostile to man, and have power to harm people. To appease these spirits, people offer sacrifices through the priests appointed and approved by the Chief. They worship and believe in Chung Pathen (the god of heaven) whom they thought is a good God who does not want appeasement of sacrifice.10 William Pettigrew, the Welsh Missionary was the first Christian missionary to land in the soil of Manipur on 6th February 1894. In fact, the Christian Missionaries put their best foot forward and exerted themselves in the first place to educate those people who did not even know or understand the necessity and importance of literacy. And the English Education imparted by the Mission Schools has begun to pay off in more than one sense. It will not be an exaggeration to say that Christianity and education developed in the hill area like twin sisters. Now about 99 per cent of the Kukis are Christian.

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Why did Hinduism fail to establish itself among the Kuki tribe? It is often argued that there were certain inherent weaknesses in Hinduism, which made it less attractive to the hill people. It is true that conversion is not accepted in Hunduism in, as much as birth determines whether a person is Hindu or not. It is also true that the rigid caste structure, with its various divisions and subdivisions was too complex for a straightforward tribal mind. Yet, the main cause was a lack of effort on the part of Hindus. The Brahmins merely followed kings and did not move independently of them. Thus Hinduism did not prosper in hills of the north-east. The Brahmins were also ignorant of tribal dialects and made little effort to learn them or give them a script, a job that was successfully done by the Christian missionaries. 11 Kuki women are sincere and regular worshipers. Religiosity of the Kuki women is expressed in regular church attendance, but they cannot occupy positions of religious authority in the church. The Women Ministry Group is one of the strongest bodies in the Church who are actively involved and taking part for the church growth and bringing the youth to Church. Their contribution in the Church is greatly recognized, whether in ministry or for the welfare and growth of the society. 63% of the respondents say women do not have equal place with men in the Church. In worship service women are allowed to preach in the pulpit but when it comes to priesthood, many denominations are still against women ordination. There are more than 20 different Churches/Denomination among the Thadou Kuki society, but only two denominations, namely the Nazarene Church and the Kuki Baptist Convention, have women ordained.

9. Problems of widows and divorcees For the Thadou Kukis, widowhood is still demeaning. Widows face double crises. Socially, they become less respected and in family less accepted. Experience shows that widows are no longer what they were before in terms of status and privileges. A widow is looked down upon and is under the control of her husband’s brothers or in-laws. She has no right to her husband’s property if she does not have any son. The worst care is that of the divorcee. The status of divorced woman in the Kuki society is even lower than that of a widow. A widow is even better accepted than a divorced woman. A divorced woman is not welcome or well accepted even if she goes back to her parents’ house. She has no right on her children and even her belongings including gifts given by her parents at the time of the marriage. In most cases, she is not allowed to

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take anything with her when she goes back to her parents’ house. Though there is no restriction imposed upon them, chance of divorced women remarrying is less.

10. Conclusion Keeping in mind all the above data, a need is being felt that there should be legal provision for equal rights of ownership and inheritance for the Kuki women. Equal opportunity for education should be given to both daughter and son. Politics remains another area where women’s improvement should be made. Full participation of women should be supported; only then maximum effectiveness can be achieved. Church also is another area where status and role of the Thadou Kuki women should be improved. There should be equal place of women in all the areas of Church activities and administration. Condition of women’s health should be seriously looked upon. Medical assistance should be available to all women especially to pregnant women. There should be equal participation of women in decision-making process in the family and in the society. Women themselves have to recognize their contribution in the domestic work, rearing children and their role in the family and society. And men have also to be made aware of the role of women in the home and the society and accept women as individuals not merely helpers.

Notes 1. Haokip Jangkholam, ‘Theologising context’, p106 2. Census of India 2001, Series 14, Manipur 3. T.B. Suba and G.C Ghosh ed. The Anthropology of North-East India, (New Delhi: Orient Longman Pvt. Ltd., 2003), p304 4. Haokip, Tinkhonei, Tribal society in Manipur: A Sociological Study of the Status and Role of Women of the Thadou Kuki Ttribe, unpublished M.Phil. Thesis, Tilak Maharashtra University, 2004, pp 71-72 5. Census of India 2001, Series 14, Manipur, pv 6. Haokip, Kuki Polity, p18. 7. Chatterji, Jyotsna, Customary Laws and Women in Manipur. (New Delhi: Uppal Publishing House, 1996), p.22 8. Jyotsna Chatterji, Customary Laws and Women in Manipur, (New Delhi: Uppal Publishing House 1996), ppvi,28&31. 9. Prim Suantak Vaiphei, Church Growth among the Hill Tribes, (Imphal: Goodwill Press, 1986), pp35. 10. Jangkholam Haokip, ‘Theologising context’, p130-132. 11. B.P.Singh, The problem of Change: A study of North-East India, ( New Delhi: Oxford University Press, 1996), p45.

CHAPTER SIX UNTOUCHABILITY: THE FACT AND THE ILLUSION PAUSHALI DE AND RUNJHUN NOOPUR

Introduction The history of India in terms of social relations is a highly chequered one with caste system being a prominent feature of the society ever since the ancient times. The caste system had its roots in the Early Vedic Period, where it began as a mere stratification of the society on the basis of division of labour. However, later on the system not only became rigid, but also based on the birth instead of work, hence becoming a breeding ground of a number of social evils. One of the most prominent by products of this system is the evil of untouchability, a socio-legal problem which forms the theme of this research paper. The notion of untouchability emerges from the notion of the caste system, prevalent in the Indian Hindu society. A person born as Hindu is actually born into a web of caste stratification which is hereditary and has absolutely nothing to do with an individual’s personal talents or capacity. The ranks in Hindu society come from a legend in which the main groupings, or varnas, emerge from a primordial being. From the mouth come the Brahmans—the priests and teachers. From the arms come the Kshatriyas—the rulers and soldiers. From the thighs come the Vaisyas— merchants and traders. From the feet come the Sudras—laborers.1 Apart from these four varnas, there was also a fifth varna, the outcastes called the Panchamas.2 The untouchables belonged to this fifth varna, though often they are considered to be a part of shudras only. This textual reference while making an attempt to justify the existing social stratification, highlights the hereditary nature of the caste system and also provides an explanation for the exploitative and discriminative tendencies that are so deeply rooted in Indian social mindset.

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The untouchability was abolished in India after the Constitution of India came into force on 26th January, 1950. Article 17 of our Constitution abolishes untouchability, forbids its practice in any form and makes its practice punishable by law. The Untouchabilities (Offences) Act, 1955 was enacted by the Parliament to prescribe punishments for practicing untouchability. The basic aim of Article 17 is “to liberate the society from blind and ritualistic adherence and traditional beliefs and establish a new and ideal society.” It must, however, be noted that the word untouchability has not, however, been defined by the Act just as there is no definition in the Constitution. It has however been held that ‘untouchability’ here does not refer to the word in its literal or grammatical sense. A single judge of the Mysore High Court3 has held that “untouchability” in the Act refers to the social disabilities historically imposed on certain classes of people by reason of their birth in certain castes and would not include an instigation of social boycott by reason of the conduct of certain persons. In other words, untouchability is a continued phenomenon passed over the generations in the history of India.

Untouchability: A Historical Background The pre-independence era, where the Indians themselves were treated as the second class citizens in their own country, the condition of untouchables was even worst. The practice of untouchability was rigidly followed, so much so, that at a particular point of time the British Courts in India had recognized this evil custom, so much so that certain acts done by untouchables as such came to be known as offences under the British Indian Penal Code.4 Mahatma Gandhi was among the first few leaders to realize the plight of these outcastes whom he termed as ‘Harijans’ or the children of god. He launched the war against untouchability with the "epic fast'' of Sept. 20-26, 1932, which he undertook against the Communal Award of the British, that seeked to provide a separate electorate for the Harijans. He clearly proclaimed that, "We do not want on our register and on our census untouchables classified as a separate class, I would far rather that Hinduism died than that untouchability lived.” Through a series of compromises frantically worked out by the Congress Party and Dr. B.R. Ambedkar (who himself was a Dalit and the chief architect of our Constitution)5, founder of the Depressed Classes Welfare League, Gandhi ended his fast on Sept. 26. The historical outcome of this fast is not concerned with the subject matter of the research paper. However, this particular event very clearly brings out the gravity of the issue of untouchability and is important for understanding the background against

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which our Constitution framers designed various articles of our Constitution, especially Article 176.

Untouchability and the Constitutional Framework Untouchability is comparatively a unique phenomena of the Indian society. Though, it is also a form of discrimination, it is fundamentally different from the all kinds of discriminations and problems faced by the various racial, ethnic or cultural minorities all over the world. The only possible parallel that can be remotely drawn with the notion of untouchability is that of apartheid.7 The framers of our Constitution did realize the gravity of this issue and hence incorporated a separate Article in the Constitution, making right against untouchability a fundamental right under Part III of the Constitution. Apart from Article 17, Article 15(2) has also been incorporated in the Constitution that further strengthens the Constitutional measures against untouchability by expressly prohibiting subjection of a citizen to any disability, liability, restriction or condition on grounds only of religion, race, caste, sex or place of birth with regard to access to shops, public restaurants, hotels and places of entertainment, or the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of general public.8 Though the word untouchability per se has not been used in the Article, it is evidently aimed at putting a restriction on those practices through which untouchability is usually perpetrated. This Article is a clear cut reflection of the prevailing social conditions at the time of the framing of the Constitution, when untouchable were considered unclean, not only to touch, but even to look at. They were not supposed to use the public wells, go to the temples and were supposed to reside only at the outskirts of the villages or townships. The framers of our Constitution took notice of this condition and hence meticulously tried to incorporate this Article, that was aimed at curbing all such discriminatory and inhumane practices. The primary objective of all these articles was to put an end to the existing social inequity, the social stigma and the social disabilities in our society. A very remarkable feature of both Article 17 and Article 15(2), was that while the fundamental rights, generally speaking, are restrictions mainly on governmental activities, both the above Articles protect an individual from discriminatory conduct not only on the part of the State but even on the part of private persons in certain situations.9 Also, Article 17 is probably the only Article in the Constitution that provides for punishments

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(clearly stating “the enforcement of any disability arising out of “untouchability” shall be an offence punishable in accordance with law”10). Instead of leaving it to Parliament or to the State to make it a crime, the article itself declares that any such interference with their rights shall be treated as an offence punishable by law. The intent of the Constitution framers can be further read through the speech of Shri V. I. Muniswamy Pillai in the Constitutional Assembly Debate where while supporting the introduction of clause relating to untouchability, he said, “the very clause about untouchability and its abolition goes a long way to show to the world that the unfortunate communities that are called `untouchables' will find solace when this Constitution comes into effect. It is not that a certain section of the Indian community that will be benefited by this enactment, but a sixth of the population of the whole of India will welcome the introduction and the adoption of a section to root out the very practice of untouchability in this country’.11

The practice of untouchability is a direct violation of Article 2112 of the Constitution, the umbrella Article, which imbibes the spirit of our entire Constitution. The Right to Live under this Article means something more than mere animal existence and includes right to live consistently with human dignity and decency.13 It is this spirit of the Constitution that has been specifically articulated with respect to untouchability through Article 17 and various other legislations like the Protection of Civil Rights Act, 1955' and The SC/ST (Prevention of Atrocities) Act, 1989. Untouchability is one of the most flagrant violations of human dignity and is completely violative of the basic Constitutional spirit.

The Illusion The Constitution of India, as seen above, under its various provisions had tried to fulfill the assurance of “Justice- Social, Economic and Political” embodied in the Preamble of the Constitution. Apart from the Articles already discussed above, the Right Against Exploitation is also a Fundamental Right guaranteed under Article 23-24 of the Constitution. The Bonded Labour system has been abolished by the passage of Bonded Labour System Abolition Act, 1976. The Constitution has ensured that through the process of “Positive Discrimination” the Untouchables get their due share in the society. All the Untouchable castes have been specified as Scheduled Castes. A list of socially deprived (“untouchable”) castes prepared by the British Government in 1935. The schedule of castes was intended to increase representation of scheduled-caste members in the

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legislature, in government employment, and in university placement. The term is also used in the constitution and various laws] in the Constitution. The President of India is empowered to draw up a list specifying the Scheduled Castes (SC) and Scheduled Tribes (ST) in different states in consultation with the Governors of each state. It must also be remembered that while all the Untouchable castes belong to the Scheduled Caste category but all Scheduled Castes are not Untouchables.14 Accordingly seats have been reserved for them in the Lok Sabha and the State Legislative Assemblies. The 73rd and 74th Amendment to the Constitution provided for reservation of seats in the Panchayats in rural areas and urban Municipal bodies respectively. In fact in the matter of appointments to post and services of the Union, it is 15 percent for SCs and 7.5 percent for the STs. Though representation in the class I and class II services are low but they have considerable representation in the class III and class IV services.15 Under Article 338 of the Constitution of India a National Commission for Scheduled Castes and Scheduled Tribes(338A) was also established. All these might have presented a rosy picture of the Untouchables coming into the broader picture of the society. But the coin has two sides. The next two instances brutally quash the claims made about the brighter side in pen and paper.

The Fact The old man from the Kambalapalli village in Kolar district, Karnataka recollected the way his wife, daughter and two sons were burnt alive, along with three others, when members of the Reddy community set fire to three huts belonging to Dalit (the term Dalit is used by the rights activists and population to signify the “Untouchables” though in administrative parlance the word Scheduled Castes are more used16) families. His eldest son, the first graduate from the village, was murdered two years ago, also by caste Hindus. With folded hands, he pleaded that protection be given to his daughter-in-law and two grandchildren, the only other survivors in his family. All the Dalits in the village had fled in fear of further attacks. Neither he nor the other victims want to return home. Do they think that the police will not provide them protection? "We don't trust the police. They are with the Reddys," said Subbamma. Her younger son was one of the victims of the carnage and elder son ran away in panic. She went on: "The police are trying to catch our children. Please save them."17

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Jogamada and his wife had been bonded labourers for five years along with 20 other Dalit families in a 220-acre (88-hectare) plantation, owned by Sampangi Ramaiah and Ramamurthy in Hanur village in Kollegal taluk, Karnataka. Released recently from bondage at the intervention of People's Movement for Self-Reliance, the couple resembled hunted animals and could hardly speak. Jogamada's wife and two other Dalit women labourers had been sexually assaulted by the landlord. "How soon after the assault was a case of rape filed?" The reply came after some hesitation: "After four months." "How can you hope to prove the crime if it was registered after four months? Why didn't you go to the police immediately?" They looked crestfallen. The prosecutor-activist who accompanied them explained that there was no way they could have sought justice against the landlord. It was only after their release from bondage that they could be persuaded to take their erstwhile master to court.18 These are not events in seclusion. Dalits, who number about 170 million of India’s population, continue to live in semi-slavery, abject poverty, and humiliation even after 60 years of Independence and the architect of the Indian non-violent freedom movement, Mahatma Gandhi despising the evil custom of Untouchability and calling the so called Untouchables“Harijans”, the evil continues in the day to day life of India. Untouchability is still the fate of Manu's Panchamas.19 There has been two legislations to prevent atrocities on the SCs and STs but in between the period of 1991 to 1993 there has been 62,000 registered cases of atrocities on them in the entire country.20 The statistics show that the atrocities against the Untouchables have been continuously increasing from 15,207 in 1988 to 18,014 in 1992. The Commission on SCs/STs observed that hardly a day passes in present day India without some atrocities being committed on the Scheduled Castes21, or more precisely the “Untouchables”. The Employment of Manual Scavengers and the Construction of Dry Latrines (Prohibition) Act, 1993 outlawed manual scavenging, manual removal of night soil, and the construction of dry latrines. The facts tell a completely different story. There were 28,613 dry latrines in urban Gujarat and 32,999 in the gram panchayats in the State. Official estimates place the number of scavengers in the country, who are engaged in the degrading task of manual removal of human excreta, at around 400,000; the number of such people in Gujarat is placed around 32,000. They toil under the most inhuman conditions. Some of them are not even provided

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cleaning even the minimal protection of gloves and are made to clean around 400 seats of dry toilet.22 Generation after generation just on the basis of ones birth, people are made to do such menial tasks which grossly violates Human Rights. The Constitution of India might have recognized Right to Education as a Fundamental Right under Article 21-A. But the literacy rates among the SC/ST s is 52.2%23 much lower than the National average of 65.1% according to the 2001 census. The drop out rates for SCs/STs in the classes I-V are 51.50% and 61.21% as compared to 46.97% for the General category according to 1987-88 figures.24 This very fact proves that only providing reservations in the educational institutions does not end the duty of the Government. Illiteracy rates among the SCs and STs remain high according to the data available. Education is not a one-off scenario. Poverty continues to constantly tag along these people. It often happens so that the entire family, including children is mostly engaged in making ends meet. Ghanshyam Shah, Harsh Mander, Sukhadeo Thorat, Satish Deshpande and Amita Baviskar in their book titled, “Untouchability in Rural India”(published by Sage,2006) makes an empirical study of the different forms of Untouchability prevalent in different parts of India today(nearly 64 forms). They conducted a survey in 565 villages across 11 states. The results they come across in their survey are mind boggling. Still today the upper castes do not let the Untouchables or Dalits enter into their houses. The Dalits are denied entry into the places of worship, access to water facilities and even barber and laundry services. Inter Dining is a distant dream to be achieved and the poison of the evil caste system is being spread among the school going children also where separate arrangements are made for eating for the upper castes and Dalits. Sometimes the Dalits are not allowed to have access to proper medical facilities as they are debarred from entering private health clinic. The Dalits are also often denied access to the public transports. There is a reported incident of not even a single dalit marriage taking place in several years in one village in Alwar District in Rajasthan because the upper castes refused to allow any baraats (marriage processions) to come into the village.25 In fact violence against the Dalits continue to take ugly shape as is seen through the numerous Ranvir Sena (a private militia of upper-caste landlords in Bihar) led violence or the incident of the massacre of Dalits in Andhra Pradesh because a Dalit youth sat with his feet up in a

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cinema hall and accidentally touched an Upper caste youth sitting in the seat in front of him.26 But the most intriguing revelation was that the Dalits or Untouchables are denied to cremate or bury the dead bodies in the general cremation or burial grounds. D.Murali, the columnist in Business Line(belonging to The Hindu group of Publications) rightly observes in his column dated 19th August 2006, that “Untouchability travels beyond death”. The Constitution has made provisions, the legislature has formulated laws, but who will change the mindset of the people remains an unanswered question. The roots of untouchability continues to spread and the deep dark myth gains proportion day after day, even in a time when India commands respect from the world as one of the fastest growing economies of the world.

Underlying Reasons, Implications and Future Course It is indeed a matter of grave anguish and concern for the nation that while our Constitution came into effect more than 55 years ago, Article 17 of which expressly abolishes ‘untouchability’ and makes its practice in any form forbidden and punishable by law, the offences of untouchability and similar atrocities continue to be perpetrated against Scheduled Castes and Scheduled Tribes. Infact, if the available data is to be believed, the perpetuation has only become more intense in some of the States. Although the offences of atrocities are more pronounced in rural and semiurban areas of the country, this does not mean that the urban areas have freed themselves of the age-old mindset against untouchability. The practice, in its concealed and covert form continues even in urban areas, which is often expressed in our underlying behavioural patterns and selectively discriminatory approaches. The legacy of caste-ridden feelings is like a virus which has infected generations after generations in succession, and a large chunk of population of the country is a victim to these atrocities or untouchability in some form or the other, rendering them permanently scarred for life.27 What is even more disheartening is the fact that the caste considerations still dominate our social hierarchy, and any amount of progress made in the field of literacy and spread of education seem to have no effect on the same.

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These caste prejudices, the practice of untouchability and very much prevalent social biases are manifest in several ways, namely, land disputes, land alienation, bonded labour, indebtedness, non-payment of minimum wages and forced labour or ‘begaar’. Statistics claim that where as in the year 2004, the rate of conviction of cases registered under Indian Penal Code was over 40%, the same under the Protection of Civil Rights Act, 1955 and Prevention of Atrocities Act, 1989 was only 8.03% and 15.71% respectively.28 This is a matter of serious concern, which calls for an immediate need to look into the reasons of this discrepancy and to find a solution for the same. At present, the District Session Courts are designated as Special Courts for the trial of offences of atrocities.29 But the statistics indicate that this has not resulted in a satisfactorily efficient disposal of the cases, since 85.37% of the cases remained pending with such courts at the end of 2004. For speedy handing out of justice in these cases, some special courts which are exclusive to this purpose need to be set up. Also, for an assessment of the large number of pending cases and a significantly large number of acquittals, a system of annual judicial review may be established. The major provisions of the Protection of Civil Rights Act, 1955 (initially called the Untouchability (Offences) Act – renamed and amended in 1977), which extends to whole of India and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 which extends to all States and Union Territories except Jammu & Kashmir, are implemented by the State Governments/Union Territory Administrations. The implementation of the Acts is brought about by way of Centrally Sponsored Scheme which provides central assistance to the State Governments/Union Territory Administrations, mainly for strengthening of administrative, enforcement and judicial machinery, incentives for inter-caste marriages where one of the spouses belongs to the Scheduled Castes, awareness generation and relief and rehabilitation to the affected persons. As per the concerned Ministry’s claims, central assistance of Rs. 21.19 crores has already been released to concerned States up to now, during 2006-07. Several State Governments are said to have taken steps to implement the Acts by setting up Special Cells, designating Nodal Officers, identifying atrocity prone areas, constituting State and District level Vigilance Committees, setting up exclusive special courts for speedy trial of cases and formulation of contingency plan to effectively provide relief and rehabilitation to victims.30

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All the claims and assertions apart, what remains the moot point is the still persistent existence of the evil of untouchability, which refuses to fade away. A comparative analysis of the number of cases registered during three years from 1989 to 1991 indicates that though the number of cases registered increased from 3,700 during 1989 to 3,730 during 1990, it came down to 3,406 during 1991 indicating a decrease of 9.51% in registration of cases over the previous year. As compared to 1990 the decrease in reporting of cases during 1991 was marked in Rajasthan (207:107), Karnataka (807:722), Madhya Pradesh (463:384) and Uttar Pradesh (357:296) while during the same period an increase was noticeable in Andhra Pradesh (203:365), Maharashtra (257:340), Tamil Nadu (787:861) and Gujarat (172:209).31 There has been some increase in conviction rate in respect of cases under POA Act, from 10.35% in 2002 to 15.71% in 2004. The statistics also indicate that the number of cases under POA Act has marginally declined from 27,894 in 2002 to 23,629 in 2004. But this could well be due to the registration of a lesser number of case, rather than due to any substantial overhaul of the system at large. The maximum number of cases under the POA Act during the year 2004, were registered in the states of Rajasthan and Madhya Pradesh. The government has also been fairly forthcoming as far as review of the implementation of these Acts is concerned. x National Conference on Prevention of Atrocities against Scheduled Castes and Scheduled Tribes and Protection of Civil Rights (11th January, 2005) x Two days conference of State Welfare Secretaries, held in New Delhi (14th and 15th September, 2006). x Central Committee for effective coordination to devise ways and means to curb offences of untouchability and atrocities against Scheduled Castes and Scheduled Tribes and effective implementation of the Acts (First meeting on 18th September, 2006 and the next meeting on 15th January, 2007 at Jaipur) As of now, most of the information regarding these offences and atrocities is procured from the electronic and print media. Information about incidents of atrocities must immediately be passed on to the concerned Ministry on an institutional basis.

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The two Acts and the Rules framed there under requires certain measures to be taken by the State Governments and Union Territory Administrations, namely, identification of atrocity prone areas, appointment of nodal officers and special officers, creation of special cells and contingency plan and setting up of vigilance and monitoring committee, special police thanas and exclusive special courts. The State Governments of Andhra Pradesh, Bihar, Gujarat, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Tamil Nadu and Uttar Pradesh have identified atrocity prone/sensitive areas in their respective States.32 However, it is required that a special package be evolved on priority basis twards development of these areas so that the propensity of atrocities is checked. The package may include appropriate income generating beneficiary oriented economic development schemes, effective implementation of land reforms, redressal of land disputes, stringent enforcement of minimum wages as well as upgradation of infrastructure facilities like construction of roads to have access to the nearest police station, linkage of roads to national highways, accessible toll free public communication linkages with the police station, sensitization programmes for teachers and Panchayati Raj Institution functionaries etc.33 The implementation of the Protection of Civil Rights Act, 1955 and the Prevention of Atrocities Act, 1989 has brought to the fore certain legal loopholes and procedural shortcomings. Also, in so far as the provisional aspect of the legislation itself is concerned, it again left a lot to be desired. The Protection of Civil Rights Act, 1955 laid down a very meagre punishment for the offence of practice of any form of untouchability, that it could hardly be considered a deterrent. Under the Act, a person could be sentenced to a maximum of six months of imprisonment, and could not be fined a single penny more than five hundred rupees. This anomaly, though, was rectified later with the passing of the Prevention of Atrocities Act, 1989, under which the guilty can be sentenced to a maximum of five years of imprisonment along with payment of fine, and under which the minimum punishment is a six months term in prison. The crimes under the PCRA were brought under the purview of the PAA as the latter provides for stricter punishment to the offenders.34 The need of the hour is to bring about expeditious and effective implementation of the existing legislations, and also to amend these Acts

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and the Rules, wherever necessary, to make them more deterrent and comprehensive. As a number of officers from the Indian Administrative Service, Indian Police Service, Indian Forest Service, Judicial Services and State Administrative Services are concerned with the implementation of the provisions of the Acts, therefore, it is essential that these officers are sensitized and imparted effective special training by organising workshops, seminars besides introduction of academic curricula. It is equally essential to effectively implement programmes and schemes, aiming at educational and economic development of Scheduled Castes. The equality of opportunities and ultimate economic empowerment would spawn assertion in them and they would no longer remain weaker section and vulnerable to atrocities. Planning Commission has issued guidelines that the State Governments provide budget allocation in proportion to their population of Scheduled Castes. Many recent happenings and developments now clearly show that there has been some spirit of awakening and awareness towards one’s rights amongst the oppressed and ostracised lot of our nation. This heightens the importance of self-introspection on part of the society, to avoid giving way to any form of reactionary violence. The society would have to change its very attitude towards the whole problem of untouchability and the atrocities which the so called lower castes are subjected to. Only then can we step towards this possibility of rooting out of this evil completely and permanently.

Notes 1. “Caste and Untouchability”, URL http://hinduism.iskcon.com/lifestyle/902.htm. 2. Ibid. 3. Devarajiah v. Padmanna, AIR 1958 Mys. 84. 4. Mahatma Gandhi, “ Untouchability”, published in Harijan dated 11/2/1933, URL http://www.mkgandhi.org/journalist/untouchablity.htm . 5. Shrimati Dakshayani Velayudhan , in the Constituent Assembly Debates( VolVII, Monday, the 29th November 1948), while supporting Article 17 said, “we cannot expect a Constitution without a clause relating to untouchability because the Chairman of the drafting Committee himself belongs to the untouchable community”. 6. Article 17 of the Constitution states that “Untouchability “ is abolished and its practise in any form is forbidden. The enforcement of any disability arising out of “untouchability” shall be an offence punishable in accordance with law.

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7. The comparison with apartheid gained significant political cover two months ago when the prime minister, Manmohan Singh, drew the link in public remarks at a conference in Delhi. 8. M.P Jain, Indian Constitutional Law, 4th edition, Reprint 1993, p. 497. 9. Ibid at p.522. 10. Supra n. 5. 11. Constituent Assembly of India-Vol VII, Monday, the 29th November 1948. 12. Article 21 of the Constitution states that “ No person shall be deprived of his life or personal liberty except according to procedure established by law.” 13. Sunil Batra v. Delhi Administration AIR1980 SC 1579 . 14. Sangeet Kumar, “CHANGING ROLE OF THE CASTE SYSTEM A CRITIQUE”,2005, p.223. 15. Ibid at p.224. 16. http://www.hrw.org/reports/1999/india/India994-01.htm#TopOfPage last visited on 22nd February 2007 . 17. http://www.hinduonnet.com/fline/fl1713/17130480.htm last visited on 22nd February 2007 . 18. ibid. 19. supra n. 4. 20. supra n.1 at p.228. 21. supra n.1 at p. 229. 22. http://www.hinduonnet.com/fline/fl1713/17130480.htm last visited on 22nd February, 2007 at 3.14 PM. 23. http://www.sabrang.com/cc/archive/2007/jan07/education.html last visited on 22nd February, 2007 at 3.14 PM. 24. supra n.1 at p.226. 25. Ghanshyam Singh, et al., “UNTOUCHABILITY IN RURAL INDIA” (Rural Untouchability: Forms and Sites), 2006, at p.63. 26. ibid. 27. http://www.pucl.org//reports/TamilNadu/2001/Casteism.htm. 28. http:// www.socialjustice.nic.in. 29. Section 14, The Scheduled Castes and the Scheduled Tribes( Prevention of Atrocities ) Act,1989. 30. http://www.socialjustice.nic.in. 31. http://www.education.nic.in/cd50years/g/S/I6/0SI60701.htm. 32. ibid. 33. supra n.2. 34. http://www.education.nic.in/cd50years/g/S/I6/0SI60701.htm.

CHAPTER SEVEN CONVERSION AND OCCUPATIONAL MOBILITY AMONG SCHEDULED CASTES: A COMPARATIVE ANALYSIS OF MAHAR AND BUDDHISTS JAGAN KARADE

1. Introduction Everyone knows about the features of Indian Caste system, which concerns with the restrictions of occupation. The people belonging to the ‘Scheduled Castes’ have been considered as disabled masses. Their disabilities could be in the nature of economic, educational, social, political, and religious or a combination of several of these factors. However, they are exploited by the upper castes. Most of the ‘Scheduled Castes’ are still engaged in unclean occupations like scavenging, flaying tanning and leather works and agricultural laborers. In the modern period, since the early 19th century, various efforts have been made to define ‘Hinduism’ with the view to reform it, so as to meet the challenges of the new era. In India, emerged two types of cultural movements among the ‘Scheduled Castes’ (SC) during the last two centuries Viz., reformative and alternative. Reformative movements are ‘internal conversions’ that took place with Hinduism. While alternatives are those that opted out of Hinduism through conversion to religions such as ‘Islam’ and ‘Christianity’ and ‘Buddhists’. The reformative movements are further subdivided into I. Bhakti II. Non-vedantic and III. Sanskritisational. The alternative movements attempted to create a new cultural environment first by conversion to Islam or Christianity and second to secular movements, such as Jotiba Phule’s in Maharashtra. 1

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The foundation of untouchability was laid in ancient times. The immigrant Aryan were very different from the non-Aryan dark people, whom they found living in India. Aryans considered themselves superior and were proud of their race, language and religion. According to Pillai2 Untouchability has its origin in hygiene first and then in religion. Ghurye3 concludes that the idea of untouchability has been traced to the theoretical impurity of certain occupations. The early Pali texts often mention the five despised castes as ‘Chandala’, ‘Nishada’, ‘Vena’, ‘Rathakara’ and ‘Pukkasa’. They are described as having low families (nicha Kula) or inferior births (hina Jati) but Dharamsutras did not treat all of them as untouchables. At that time only ‘Chandalas’ and ‘Nishadas’ were considered as untouchables. Later on in the Vedic society collectively, the untouchables were known as the ‘Antyas’ or ‘Bahyas’ i.e., people living outside the villages and towns. Generally the untouchables live at the end of villages or towns or in there own settlements.4 Since the last two centuries the process of modernization is reaching social, economic and political changes affecting the values and institutions in the society. In the developing country like India, particularly for the weaker section Viz. Scheduled Castes (here after SCs), Scheduled Tribes (here after STs) education and occupation are the major currents, which can effectively work as mechanism for improving their socio-economic status and redistributing power and prestige. These groups suffered many inhuman atrocities and disabilities. Out of all factors, most enigmatic social inequality was epitomized in the institution of untouchability. The so called untouchables (now designated as Scheduled Castes) occupied the lower rank in the social hierarchy of Hindu Caste system. They were most oppressed and downtrodden in the Indian society. The members of SC communities were not allowed to enter higher occupation and also were prohibited to do worship in temples of high caste Hindus. However they were exploited in the social, economical, educational and cultural field too.

2. Caste and occupational prohibition In the traditional period the occupational structure was regarded with caste system. The relationship between caste and occupation was particularly closed in the case of ‘Shudra’ people. The most unclean and least remunerative occupations were assigned to them. Nesfield 5 views that; the occupation regarded as the exclusive basis of caste distinction. The Sociologists and Anthropologists have brought out an aspect of the

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correlation between caste and occupation. On the one hand with regard to certain caste groups and at the same time the flexibility and facility for occupational mobility, which was structured within the caste system. Therefore each caste followed their traditional occupation prescribed by ‘Shastras’ to the four ‘Varnas’. In the 19th century new concepts, as ‘Social justice’ and ‘Political rights’ were brought in by the Indian renaissance, which represented the dawn between the passing of the mediaeval age and the advent of the modern age. The results of English education brought greater changes in the minds of educated Hindus than the pervious three thousand years. Therefore, the rationalising effect of English education gave rise to number of reform movements. The English educated people in India found that, “ Indian society was organised on the basis of hierarchy. In this period the ‘Brahmo samaj’ and ‘Arya samaj’ movements started in Bengal and Punjab. In Maharashtra such stalwarts like Jambhekar and Lokhitwadi (G. H. Deshmukh) Ranade, Phule, Agarkar and Bhandarkar started it. The attempts at reform came from two distinct social groups one from the Brahmins themselves and the other from the majority caste groups of the non–Brahmin communities like the ‘Kunbis’, ‘Malis’ and ‘Marathas’. However, Dr. Ambedkar struggled in the long period from 1920-1935 for human rights, dignity and freedom. His movements such as are Chavdar tank satyagraha, Manusmriti burning, Kala Ram temple, Parvati and Kalubai temple satyagraha. He also fought for constitutional and legal safeguards but at that time upper class people did not give support or response to Ambdkar’s religious reformative movements. Therefore, at Yevala conference he declared in 1935, “I would not die as Hindu”. Ever since, he was engaged in the study of various religious like Christianity, Sikhism, Jainism and Buddhism. He was in search of the religion based on rational and scientific principle. From this point of view, Ambedkar explains Buddha Dhamma is different form another.6 It is concerned with the concept of Secularism. All differences discussed by Dr. Ambedkar in his book ‘Buddha and his Dhamma’. Then he embraced Buddhism along with four lakhs of his followers on 14th October 1956.

3. Kolhapur: Historical background The present paper will focus on the impact of educational and occupational mobility between the Mahar and converted Buddhists (CBuddhists) in Kolhapur city. This study is concerned with inter-

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generational and intra-generational occupational mobility trends in the Mahar and C-Buddhists. Those are working in higher educational institution in the Kolhapur city. In the present study, researcher has selected some samples from the Kolhapur city. Because historically, ‘Kolhapur’ is well known for Chatrapati Shahu’s revolutionary role for providing educational facilities and financial aids given to the untouchable castes. In the year of 2002 a century has completed for job-reservation policy. Chatrapati Shahu first time chose Backward class people for the educational and occupational development in Kolhapur. This area is also affected from the movements of Mahatma Phule and Dr. Ambedkar. Their social work has been helping to whole Backward classes for educational, social and occupational mobility.

4. The Sample and Data collection For this research work, researcher has considered took all Mahar and Buddhists communities, which listed SCs list in Government of Maharashtra. After that, those persons, who are working as full-time in teaching and non-teaching post category at graduation and Post-graduation level in higher educational institutions in Kolhapur city. There are 14 aided, non-aided, Private and Government College, including Arts, commerce, Science, B.Ed and Special B.Ed colleges. In addition there is a University also. In this way, total fifteen educational institutions are consider for the present study. After the conversion, many people of Buddhists faith were thrown their traditional attitudes, beliefs and customs. However, their life style has tremendously changed. They have socially, economically and educationally improved over other SC communities. They have thrown their back or old identity and created their new self-identity in the society. Those are forwarding their old identity and traditions; these people included Mahar community in the Hindu religion. Thus Mahar (54) and Buddhists (61) were selected. Out of 61 Buddhists, 58 Ex-Mahar, 2 ExChambhar and 1 Ex-Matang and total number of samples are 115. The samples are divided in the teaching and non-teaching post in the educational institutions. The present paper focuses on the intergenerational occupational mobility. Table No. 1. shows the community and post -wise respondent.

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Table No. 1 Community and Post–wise respondent. Post of the respondent Teaching Non-teaching

Frequency of community Buddhist Mahar 40 6 21 48 61 54

Total 46 69 115

5. Mobility: operational explanation Pitrim Sorokin (1927) has made the first systematic formulation of the concept of social mobility. He defined social mobility as, “any transition of an individual or social object or value, anything that has been created or modified by human activity, from one social position to another”.7 According to Lipset and Bendix (1959) the term social mobility refers to the process by which individuals move from one position to another in society. Positions that by general consent have been given specific hierarchical values.8 A social mobility is much wider term and it includes within upward or downward changes in the economic, political or occupational status of either the individual or whole group. Broadly speaking, in the study of mobility process, distinction is made among three kinds of movements: the first is vertical mobility, which is a movement of the individual or group, upward or downward with a gain or loss in social rank. The second is horizontal mobility, which involves a change in function including both the technical and social function without any gain or loss in social rank. The last or third is spatial mobility, which change the location of the occupation. There are two occupational mobilities; these are inter-generational occupational mobility and intra-generational occupational mobility. In inter-generational occupational mobility, individual’s position is compared with the father. In the intra-generational mobility, an individual is compared with himself at another point of his career. The present paper focuses on inter-generational occupational mobility among Mahar and Buddhist communities in the Kolhapur city.

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5.1. Educational mobility between Mahar and Buddhists communities In the last fifty-six years of post independence period the various schemes, which were declared and implemented by Government, to improve the educational condition of the SC, are expected to benefit the SCs. However, Government has spent several lakhs of rupees for educating them. The literacy has been increasing slowly but many of SCs are not aware about education is key of social as well as occupational mobility. Only Buddhist community has achieved better educational rate than other SCs. The Mahars absolutely had no access to education in traditional India. Early efforts towards the education of the Untouchables were usually associated with British rule and the efforts of the Christian Missionaries in India. The British ruled, introduced western secular education. The fact was that, the new education didn’t alleviate all the Backward class for their illiteracy and backwardness. However, the western education was also monopolized by the upper castes (Naidu RVK :2004:59). Therefore Mahatma Phule was against the “Filter down” theory which concerned with education. He convinced to British rule, such as Govt. should give the compulsory free education for all. Dr. Ambedkar played major role for upliftment of the Untouchables in the early twentieth century. He established the Bahiskrit Hitkarini Sabha (1924), Depressed Classes Education Society (1928) and People’s Education Society (1945). Therefore Dr. Ambekar’s famous slogan concerning with education, is, “Educate, Agitate and Organise”.9 Therefore some persons were aware about education. In 1931 literacy rate of Mahar community was 2.9% and in 1961 15.3 % respectively. Therefore in the present study the reflection of the educational position of respondent’s father, which is the first generation few studies agreed that poverty is the root cause for the educational backwardness of the SCs. The Studies made by Omparakash and Patwardhan (1973), Parvathamma (1973), Sunila Malik (1979) and Prakash Nirupama (1989) that poverty and poor socio-economic conditions of the SCs are the main reasons for their low educational levels. After Independence the Constitution focused more attention for educational improvement of SCs. However, the second generation is more aware about education. As soon as their children, means third generation is more aware about education. It is not concerned with formal education but

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professional education also better than their fathers. Therefore educational mobility is very high. Table No. 2 shows the educational mobility among three generations. Table No. 2. Community-wise educational category of three generation Educational First Generation (Father) category Buddhist Mahar N.A. Lowest Very Low

Second Generation Third Generation (Respondent) (Son) Buddhist Mahar Buddhist Mahar 27 17 (44.3%) (31.5%)

19 30 (31.1%) (55.6%) 33 20 (54.1%) (37.0%) 8 4 (13.1%) (7.4%)

7 (11.5%) Low 8 (13.1%) Medium 26 (42.6%) High 1 20 (1.6%) (32.8%) Total 61 54 61 (100.0%) (100.0%) (100.0%) Educational level Respondent’s Son N.A. :Lowest :Very Low :Low :Medium :High :-

of

Respondent’s

22 24 20 (40.7%) (39.3%) (37.0%) 21 2 10 (38.9%) (3.3%) (18.5%) 8 2 2 (14.8%) (3.3%) (3.7%) 3 6 5 (5.6%) (9.8%) (9.3%) 54 61 54 (100.0%) (100.0%) (100.0%) father,

Respondent,

and

Not Applicable Illiterate Primary to S.S.C. H.S.C. /Diploma / Graduation / B.Ed. P.G. and Med., M. lib. M. Phil /Ph.D.

Table No. 2 shows the rate of educational mobility among three generation. This Table also shows the first generation’s education rates in the lowest category. But the same time first generation of Buddhist is lowest percentage of lowest category than Mahar because of that, the first generation is not aware about education. Therefore, their ratio is very low as compared to second generation. As well as second generation is aware

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about the result of education. Therefore they have achieved education and have kept reference model of Dr. Ambedkar for educational development. Notable point is that, the third generation has available infrastructure of educational development. Such as the parents are aware about education and their economical position was better than first generation. Therefore the tremendous change found in the last generation. The result is that, out of 62, 22 respondents’ sons’ medium of the study is English and out of 54 only 4 of respondents’ son’s of Mahar community medium of the study is English and remaining Marathi. The notable point is that, educational mobility of respondents and their sons (second and third generation) are very high than their old generation. In the third generation, majority 34 respondents’ sons are not applicable for achieving education because some respondents have unmarried or their sons are below four years. This table also clears that, in the first generation Buddhist community have taken better education than the Mahar. This situation also continues to second and third generations also. In the society, majority of the respondents have been taking education before marriage. Few of those, who have been learning after marriage or after marriage it continues. The majority of the respondents have engaged in the house activity and welfare activities of children. Therefore they have stopped their studies. In the present paper, Table No. 3 shows that, the respondents of Buddhist community have been taking education after marriage also. The Buddhist community is more aware about result and significance of education and Mahar community has taken education before marriage. Table No. 4 shows the respondent’s aspiration to their children, which mostly concerns with the professional education, such as Medical and engineering. This table also clears that; the majority 31 respondent’s think to III rd generation of the Buddhist community is taking more professional education.

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Table No. 3. Community wise- Marriage and educational and Marriage position of respondent Achieving education Name of the Total Community N.A. Before After After marry marriage marriage continue Buddhist 5 25 3 28 61 Mahar 3 43 2 6 54 Total 8 68 5 34 115 Table No. 4. Community wise aspiration of respondent to their children’s educational level Educational level Name of the community Total

N.A. Professional Non-professional Depend upon Children Competitive exam Scientist Total

Buddhist

Mahar

12 31 2 8 7 1 61

10 20 11 12 1 54

22 51 13 20 8 1 115

The Buddhist community is trying the create self–identity in the society. As well as they are trying to achieve good status, which concerns with education. The current literacy rate of Buddhist community is 72.24 %. However, we can say that, the Buddhist community has taken more benefit than other SCs in Maharashtra. As a result of that, the famous leader of Nomadic and De-notified tribes is Laxman Mane and his followers who belong to 42 communities, would convert to Buddhism on 14th Oct 2006 at Azad Maidan, Mumbai.

5.2. Occupational mobility In the traditional Indian social system, the castes were divided in various groups; for example, twelve and eighteen crafts person continued their traditional occupation. A‘Chamar’ would remain a shoemaker for all generations. But after Independence, there is a tremendous change in the status because of Government Protective Discrimination Policy made for

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fractured communities of society. As India is passing through a transitional era, the new occupations are coming up. Some traditional occupation as still carried on even after education and modernization. The new economic opportunities presented to the Mahars undoubtedly encouraged a movement that contributed to their economic and social– political progress.10 Therefore the traditional occupational structure is gradually becoming more and more flexible but also a certain number of new occupations have come into existence. The exclusive studies made on occupational mobility of the Scheduled Castes reveal divergent opinions. These studies are Bhowmik (1968), Beteille, (1972), Gangrade (1975), Saberwal (1976) Parvathmma (1984) Pande (1986) Ram Nandu (1987), Dahiwale ( 1989 ), Sivaram (1990 ), Salve (1998) Wankhede( 1999 ) etc. These studies identified education, migration to urban areas, occupational shift, land reforms, modernization, political participation and Government policies. With regard to the unit of the mobility the above studies have taken into consideration the mobility at individual as well as group level, especially intergenerational and intragenerational also. For better understanding the occupational category of respondents and their fathers divided in the five categories these are following Occupational level of respondents Lowest: Sweepper, Peon, Lab- Attaindent, Lib-assistant, Very low: Jr. & Sr. Clerk, Assistant Superintendent, Storekeeper, Lab- technician Low: Superintendent, Assist. Registrar, Medium: Lecturer, Assist-librarian, Librarian, Dy. Registrar, High: Principal, Reader, Professor Occupational level of the respondents’ father Lowest: Land less labuor, Agricultural labuor, Traditional occupation, Woodcutter, Bhiksha, Carpenter, Worker, Plumber, Mali, Mutton shopper, Broker, Wireman, Artist (Tamasha) Nalband, Driver, Safai Karmachari, Peon, Tailor, Hood cushion worker, Tobacco merchant, Military driver

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Very Low: Low: Medium: High:

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Primary teacher, Farming (5 Acers), Jr. and Sr. Clerk, Technician, Devi. Doctor, Postman, Gramsevak, Soldier, Police Post-Master Rector, Foreman, Head Master. Building contractor, Labuor officer, B.D.O, Officer, Dy. Registrar, Dy. Manager, Engineer. Govt.-Officer, Principal, Dy. Collector

The table No. 5 shows that, out of 61 Buddhists respondents, 30 and 10 respondents related with medium and high occupational category respectively. And out of 54 Mahar respondents 31 and 12 are working in Lowest and Very low occupational category respectively. Because, the respondents of Buddhists communities have achieved higher education. Therefore they have occupied the medium and high-level occupational category in the educational institutions in the Kolhapur city.

Name of the community

Table No. 5. Community wise occupational category of respondent Occupation category of respondent Total Lowest Very low Low Medium High

Buddhist

7 13 (11.5%) (21.3%)

1 (1.6%)

30 10 61 (49.2%) (16.4%) (100.0%)

Mahar

31 12 (57.4%) (22.2%)

4 (7.4%)

6 (11.1%)

1 54 (1.9%) (100.0%)

5.2.1. Inter-generational occupational mobility In the present paper Table No. 6 shows that, in the first generation (Respondent’s Father) no difference is fount among horizontal as well as vertical occupational mobility. But in the second generation (Respondent), tremendous changes are observed in the Vertical and especially Upward occupational mobility. In the Buddhist community the rate of upward occupational mobility is higher than Mahar community.

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Table No.6. Community- wise Inter-generational occupational mobility Mobility Horizontal Vertical Upward

First Generation (Father) Buddhist Mahar 33 33 28 21

Second Generation (Respondent) Buddhist Mahar 6 9 52 41 3

4

61

54

Downward Total

61

54

In every society, mobility depends on the number of social factors, namely, social stratification, size of the community, nature of the family, education, degree of technological, industrial growth, economic opportunities and migration etc. The traditional Indian society was stratified on the basis of caste and each caste was assigned a particular occupation. After independence, the Government is committed to social justice. However, many welfare policies implemented, especially Reservation policy for Backward Classes. The result of that, lot of changes in the Backward classes, especially occupational mobility of Buddhist’s is very high. It’s also clear that, the majority of Buddhist’s respondents (37) are motivated by Dr. Ambekar. Table no. 7 shows the source of motivation between both communities. Table No. 7. Community-wise source of motivation The source of motivation Employment/ social welfare dept. Dr. Ambedkar's appeal to leave traditional occupations Kins Friends Self-interest Other Total

Name of the community Buddhist Mahar 2 5 37 19 5 4 7 6 61

9 6 8 7 54

Total 7 56 14 10 15 13 115

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In the present paper Table No. 8 shows migration as one of the determinants of occupational mobility concerning the Buddhist. Evidence derived from the number of studies in different countries suggests that the related processes of urbanization and migration are major sources of social mobility. However, in the study, the migration also is concerned with the occupational mobility. The table shows that, out of 61 of Buddhists respondents, 46 are migrated from their native place, which is higher than Mahar community. Table No. 8. Community wise migration of the respondents

Migrated Up-down Proper Kolhapur

Name of the Community Buddhist Mahar 46 30 9 19 6 5 61 54

Total 76 28 11 115

Table No. 9 Community wise reason of the migration of respondents Reasons of migration

Name of the Community Buddhist Mahar N.A. 15 23 For higher education 20 6 Service 20 8 Moved along with spouse or parent 3 12 Poverty 3 Marriage 2 2 Children Education 1 Total 61 54

Total 38 21 28 15 3 4 1 115

Table No. 9 shows the community wise reason of migration. The Majority respondents (40) of Buddhist community migrated for higher education and service. But the respondents of Mahar community migrated along with spouse or parent. Here we can say, “The Buddhists community is trying to build a self-identity in the society”. Therefore they have migrated to the urban area. However their ratio of mobility is higher than Mahar community.

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6. Conclusion In this way, in the present paper it is found that, the result of conversion to Buddhism is related with occupational mobility. Those people converted to Buddhist have thrown the paradox. As well as they have not adopting Sanskritilization. They got more confidence to get education. However, the inter-generational occupational as well as educational mobility shows that, the second generation of Buddhists community is highly mobile compared to their fathers. Then third generation is highly mobile compared to second generation because educational and economical positions have improved then their father. Another thing is that, the Buddhist community is more aware about educational and occupational development.

Notes 1. Shah G.,1985, Anti-untouchability movements, in I.P. Desai (edit), Caste, Caste conflict and Reservation, , Delhi, Ajanta publication, Pp. 102-123. 2. Pillai G. K., 1959, Origin and Development of Caste, Kitab Mahal. Allahabad, Pp. 176-184. 3. Ghurye G. S. 1990, Caste and Race in India, Popular Prakashan, Bombay fifth Edition Pp. 159. 4. Sharma R.S., 1958, Shudra in Ancient India, Motilal Banarasidas, Delhi, Pp. Pp. 130-132. 5. Nesfield J. C., 1885, Brief view of the Caste system of the North–western Provinces and Oudha, Allahabad, Pp, 106. 6. Ambedkar B.R. 1980, Third edition, Buddha and the future of his religion: 1112. 7. Sorokin , P.A. 1927, Social and cultural Mobility , Harper and Brothers, Pp. 43. 8. Bendix R. and Lipset, S. M. , Social mobility in Industrial society, University of California Press, California, Pp. 103. 9. Kharat Shankarrao, 1987, Edit, Dr. Babashahed Ambedkar yanchi Atmakatha, Indrayani Sahitya, Pune Pp.40. 10. Jogdand, 1997,“Socio-Economic Differentiation within the Dalits and its impact on their politics., Anubhav, Pp. 17.

CHAPTER EIGHT GLOBALIZATION AND SOCIAL JUSTICE: DR. AMBEDKAR’S VIEW POINT D.C. KIRTIRAJ

1. Introduction The world wide talk of Globalization has created a lot of panic in the minds of social workers, Academicians, Policymakers, Social Thinkers and the layman all over the world. Even though the world opinion is divided on this issue the studies conducted in sub-Saharan Africa and Latin America have empirically shown the adverse impact on the poor and marginalized section of the society. The World Bank Report (1996) traced the picture of trends in poverty in all countries except industrialized countries. The Bank findings are that in developing countries and in the former socialist countries, far from decline in poverty there has been some deterioration in recent years. In absolute figures number of people living in poverty in the developing world has increased from 1.23 billion in 1987 to 1.31 billion in 1993. In South Asia and North Africa more people in 1993 than in 1987.In South Asia 43% of its total population is poverty stricken ( Naidu, 1998) Former World Bank President and the Noble laureates in Economics have expressed deep concern towards the Globalization has been driven away. Globalization set by Washington Consensus has benefits the well off at the expenses of the poor. In many cases commercial interests and values have superseded concern for the environment, democracy, Human rights and social justice (Stiglits, 2000) The entire planet is in a historical crisis. Most ideologies, movements, and theoretical formulations have been discredited by historical events. Failures of socialism in Eastern Europe and elsewhere in the world led people like Fucuyama to proclaim the end of history. But if socialism is dead, the neoliberal horse too has become anemic. If Socialism left everything to State, Socialists’ over confidence in the State and

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‘neoliberals’ total lack of it proved rather flawed (Roy Ash, 1999 ).What the world would be looking like in the 21st century ? Several scholars have tried to visualized different images of the new world ranging from peaceful, prosperous global village to the world full of turmoil. Conflicts and violence, clash of civilizations. The post cold war world is facing paradigm shift in many spheres and breathtaking changes are taking place in geopolitics, geo-economics, technology. …life styles and culture(ibid: 90-91). All these changes have profound effects on the third world countries (Developing countries). This global change has created enormous situation for the developing and under developed countries, as they are fraught with dangers of return of the old dominance of the powerful over the weak. The Indian subcontinent has always remained a hotbed of violence and sea of deprivations for centuries together. The so called ‘new world order’ has not yet been formed and nobody knows who will be the actors of this new social order or will there be any social order existing in future?

2. Review of Literature K. S. Chalam, (2003): In his article, “New economic policy: The dwija project,” argues that the New economic Policy is the conspiracy of Dwijas (Upper Castes) to maintain and continu their supreme position in the existing Social order which was challenged by the Dalits and Bahujans because of their increasing representation in power structures which was made possible by the reservation policy. During the Kaliyuga caste order seems to have been disturbed. It is only to restore the order successive governments have been trying to implement to the policies, which will restore and strengthen the Brahamanical Social Order. P. G. Jogdand (2003): Two day National seminar was organised on, “Impact of New economic policy on Dalits in India,” by the Department of Sociology, University of Pune, on. Dec. 9-11, 1996. The paper presented by eminent academicians and scholars on the above subjects have been edited and published in the form of a Book. The Book contains several articles covering various aspects of NEP (New Economic Policy) and its impacts on Dalits. Bharat Patankar (2000), “Caste system, New economic policy and Dalits: Alternatives of the movement,” (New economic policy and Dalits ed. by P.G. Jogdand) The article discussed the caste system and its characteristics along with its relevance to capitalism and liberalization. Patankar points

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out that, the hierarchy within the capitalist class and exploited classes is determined mainly by their caste origin. The author further opined that new incarnation of imperialism is bringing about radical changes in the society. Pointing towards its effects on Dalits, Patankar states that, “New Industries based on knowledge and information, and Development of R and D units of various Industrial houses, the majority of Dalits despites have remained and will remained part unorganized sector. s. Dr. Suhas Palshikar, (2000), “Caste, state and political economy,” in P. G. Jogdand (ed.), argued that Castes provide sustenance to inequality in Indian society. The state was expected to provide legal basis for removing caste inequalities and pursue an ideology supportive of the anti caste. The author further points out that, almost one decade has passed since some changes in the economy were superstitiously introduced by Indian state (NEP / SAP / liberalization policies), These economic changes have the potential of altering the economic dimension of caste and this will throw up new challenges for the anti caste discourse. Dr. S. K. Thorat in his article, (2000): “New economic policy and its impact on employment and poverty of schedules castes”, provides vital static on situation of scheduled castes vis-à-vis employment and poverty. The author brings out the fact that growth of employment in the organized sector of the economy (public and private together) dropped from more than 1.7 % per annum in late 1980s to 1.2 % in 1991-92 and 0.6 % in 1992-93. . Gail Omvedt, (2003): In her article, “Economic policy, poverty and Dalit,” discussed the government’s development policy from Neharu model to Narsimha Rao’s liberalization. She states that NEP began in 1980s with slow liberalization. In 1991 there was a decisive change with the official adoption of NEP by the Narsimha Rao Government. However in contrast to other countries like China, this was driven by desperation and like original Nehru model it was focused on Industry. . Dr. Bhalchandra Munagekar (2004): In his book, “India’s economic Reforms and the Dalits, An Ambedkarian perspective”. The author In his book, has discussed the thinking of Dr.Ambedkar on various issues in India. These issues range from untouchability to economic of caste system, State socialism, India’s economic policy, Democracy, Industrialization and capitalism.

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Anand Teltumbade (2003): In his article “Globalization Assessing Impact on the Dalits in India” Dr.Teltumbde, while assessing the Impact of Globalization on Dalits is based on trickle down effect and it is not oriented to benefit the poor. The phenomenon has left behind calamitous consequences on the poor people all over the world contrary of its found claim about boosting economic growth. S. K. Thorat (2002): In his article “Ambedkar economic Ideas and liberalization emerging challenges before Dalits” discussed the Dr.Ambedkar’s perspectives on economic Development and also provides data on situation of Dalits /SCs in the post reform period

3. Indian Context The movement towards Globalization began in India way back in 1980s with slow liberation and privatization (Debendra Kumar, 1994). The first statement on changing role of public Sectors (step towards privatization) was made by Mr. Rajeev Gandhi, late prime Minister of India in his first broad cast to the Nation in 1984 in which he said `public sector has spread into too many areas where it should not be…. We will be opening up more to the private sector so that it expands and economy can grow more freely (Meenakshi S. Rajan, 1994). The policy of privatization was first initiated by seventh five year plan (1985-90) (ibid: 204) The government was initially reluctant to privatization only after the P. V. Narsiharao assumed the office of Prime Minister, under the leadership of Dr. Manmohan Singh steps were taken to privatize the PSEs.The declaration of new industrial policy signifying the end of the license raj and amendment of MRTP Act has provided impetus to privatization (Parmita Das Gupta, 1991).

Liberalization of Indian Economy Economy was in deep crisis by the late 1980s.One indication of this was that Government was on the verge of financial bankruptcy on external account (Jain Neeraj, 2001). The external debt crisis, which surfaced in early 1991, India was close to default in meeting its international payments obligations. The balance of payment crisis was the results of policy of liberalization, which began with mid 1970s and 1980s. The policy of trade liberalization encouraged the imports far in excess of exports. The earning gap was obviously financed by excessively borrowing from abroad and this led to debt traps. Due to the end of further external support by early

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1991, the foreign exchange dropped to a level that would not have paid for import even for fortnight (S. K. Thorat, 2002). Meanwhile momentous changes were taking place in the world in the decades of 1980s. These changes have now come to be known as Globalization of world Economy. In order to get way from the economic crisis the Indian government has no other alternative but to approach the World Bank and I. M. F. for further financial assistance which was happy to help Indian government in its difficult time. But the assistance was given with the severe conditions to be followed by Indian Government which measurers like opening the Indian economy to the world markets and also the privatization of India’s PSEs. In conformity with the Theoretical framework of I M.F. and World Bank the government of India introduced programs of: A. Stabilization and B. Structural Adjustment Program. Stabilization: The main objective of stabilization was to control balance of payment crisis in short run by reducing deficit on current account and to curb inflation. The main instrument for stabilization is fiscal policy and montory policy and devaluation of domestic currency. This package of policies was used in a manner so as to lead to sharp reduction in fiscal deficit of the government. Structural Adjucement Program (S.A.P.). Bhandari and Nayar (1996) Described the main elements of S.A.P. is to shift the resources froma) Importing substituting activities to export activities. b) Away from government sector to the private sector.

4. Globalization: Implications for Scheduled Caste According to 2001 census scheduled castes in India constitutes 16.32 % of India’s population. They are not a homogeneous mass but is subdivided into 1066 scheduled castes habited in all over India. Proportion of illiteracy among SC female is as higher as 84.3 % and 52.2% of SC males are illiterate. The dropout rate among SC at secondary level is 76.63 % out of total students enrolled only 4.74 % of them gets qualified for taking up higher education. (Report of planning commission govt. of India). 52 % of SCs in India are landless agricultural laborers. Revised estimates on incidence of poverty available from planning commission of India show that 39.34 % of India’s population is poor but nearly 63 % of SC

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population and 61.4 % of ST population lived in poverty. (Sing Padam, Cited by Sudha Deshpande). Percentage of scheduled castes in Central govt. services is 10.15% in class-I and class-II are against 15 % of their statutory requirement. Percentage in class-III and class-IV exceeds prescribed statutory requirement. SCs constitute of about 44.34 % total numbers of sweepers in India (govt. of India as on 1st Jan 1995) In Maharashtra there are 59 different Castes under the heading scheduled Castes. They constitute 11.09 % of total population (census of India, 1991). The situation of scheduled caste in Maharashtra is more or less same as it is in other parts of country. Despite Maharashtra being a most industrialized and developed state in India.56.46 % of scheduled castes in Maharashtra is literates 52% of SCs in Maharashtra are agriculture laborers and 28 % are mostly small and marginal workers. Maharashtra is one of the few states where Rural poverty among scheduled castes is very high (53.80). H. D. I. Government of Maharashtra, (1995). Policy of Globalization /NEP has very significant implications for THE SCHEDULED CASTE in Maharashatra and elsewhere in India because of their lowest position in caste based stratified society, they are nowhere in power structure, and are worst hit by the new economic policy initiated by Indian Government since 1991. Globalization has reversed the decade long declining trend of poverty (Teltumbde, 2000: 109). Prof. S.P. Gupta had estimated the poverty Figures for the rural area having gone up to 43.0% in 1998 from 34.39% in 1990 where as urban poverty remaining same at 35% (Gupta, 2000). Many surveys and studies independently corroborated the significant rise in poverty after the launch of Globalization (Alternative economic survey 2000-01). As numerous studies Indicated that reforms have benefited to rich and not the poor. The Scheduled castes are formerly untouchables and are poorest of the poor in India. The constitutional space enjoyed by them from 1950 to 1990s made few of them capable to enter into the power structure at various levels. Despite its little implementation have given rise to an educated and economical sound class who compete to upper castes people. The protective policies of the Govt. played important role in empowering the Scheduled caste communities in India. The Reversal of these policies and closing down or selling off public sector to private parties, withdrawal of food and agricultural subsidies, privatization and marketisation of

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higher education has serious implication for the lower castes in particular the scheduled caste population in India. The various studies have empirically established the association between the New Economic policy and increase in the poverty. The economic reforms have negative effects on the Indian economy and they are unfavorable to the poor. The effect of these policies can be judged in terms of poverty ratio, unemployment rate and wage ratio etc. The unemployment rate and poverty ratio given in table 1, shows the dismal picture of poverty and unemployment in the post reform period. Table 1 Unemployment and Poverty Ratio * Year

Open Un – Employment (%)

Rural & Urban Total 1973 1.31 1978 2.61 1983 2.01 1988 3.81 1994 1.85 1996 1.68 1997 1.75 1998 2.49

Semi-Open Un – Employment (%)

Non- Un – Employment (%)

Poverty (POV %)

DSU (%)

6.69 5.48 6.27 2.43 4.10 1.82 2.58 3.30

44.88 30.23 36.20 32.62 30.02 32.58 32.92 37.22

54.88 51.32 44.48 38.86 35.97 36.08 37.23 43.01

8.00 8.09 8.28 6.24 5.95 3.50 4.33 5.79

Sources: Estimates of Unemployment-related concepts are based on NSS data of various Rounds. * Estimates of Poverty are based on Planning Commission’s Modified Expert Group Methodology (1997). NSSO Report on Employment – Unemployment for 53rd Round (Thin Sample). Poverty Figures upto 1997 as estimated by S.P. Gupta (1999). Poverty Percentages for 1998 are based on a lecture delivered by S. P. Gupta at JNU.

The employment generation in post reform period in public sectors as fallen after 1990s and employment generation in agriculture is negligible where as employment in private sectors shows little increase from 7.7 million in 1991 to 8.5 million in 1996, indicating the increase of rate of growth from 1.3 per cent to 5.6 per cent. The Table 2 below shows the sorry state of affairs of employment in the post globalization period.

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Table 2 Employment during 1991 to 1997 (In Million) ____________________________________________________________ Year Public sector Private Sector Total ____________________________________________________________ 1991 19.06 (1.5) 7.68 (1.3) 26.73 (1.4) 1992 19.21 (0.8) 7.85 (2.2) 27.06 (1.2) 1993 19.33 (0.6) 7.85 (0.1) 27.18 (0.4) 1994 19.45 (0.6) 7.93 (1.0) 27.38 (0.7) 1995 19.47 (0.1) 8.06 (1.6) 27.53 (0.5) 1996 19.43 (-0.2) 8.51 (5.6) 27.94 (1.5) 1997 19.25 (-0.3) 8.66 (1.8) 28.25 (1.1) ____________________________________________________________ Note: Figures in brackets indicate annual growth rate (%) Source: RBI, Report on Currency and Finance, 1997-98 cited by Ruddar Datt(2001)

5. Dr. Ambedkar, Globalization and Social Justice Social justice as principle of social governance is basically rooted in the Indian constitution and is one of the noble objectives of the Indian Constitution. The makers of the Indian constitution were aware that to maintain and establish a social justice in a society like India with all its multiplicity and complexity is the biggest challenge for all those who controlled and operated the agencies of providing social justice. A section of society has been victimized and humiliated for generations due to their birth in a low caste group. As a token of compensation and to reconstruct a new egalitarian society based on equality, brotherhood and justice several articles have been incorporated in the Indian constitution specially Article 38 (1) and (2) talks about the responsibility and liability of Nation State towards backwards and weaker section of the society. Article 38 (1) states that, “The State shall strive to promote the welfare of the people by securing and protecting as effective as it may a social order in which justice, social, economical political shall inform all the institutions of the national life”. Article 38 (2) “ The state shall , in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in states, facilities and opportunities not only amongst individuals but also amongst

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groups of people residing in different areas or engaged in different vocations.” (Ibid: 19) If we examined the concept of social justice from the view point of Dr. Ambedkar who was a forceful fighter for the human liberation in various ways and who provided new dimensions to the concept of justice and social slavery. Dr. Ambedkar insisted that democracy would break down if it was not enlivened by soial justice as its soul. In a powerful but controled diction Dr. Ambedkar Addressed the assembly on his vital weakness. He said, “We must not be content with mere political democracy, we must make our political democracy a social democracy as well. Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way life which recognizes liberty, equality fraternity as the principles of life. These principles of would liberty, equality and fraternity not be treated as separate item in a trinity — we must begin by acknowledging the fact that there is complete absence of two things in Indian society. One of them is equality. On the social plane we have in India a society based on principles of graded inequality, which means elevation for some, and degradation for others. On the economic plane, we have a society in which; some have immense wealth as against many who live in abject poverty...” According to Dr. Ambedkar, Brahanisim and Capitalism are the two enemies of the oppressed people in India. While elaborating further the relationship between the two Dr. Ambedkar said: “The British have an Empire. So have the Hindus. For is not Hinduism a form of Imperialism and are not the untouchable a subject race, owing their allegiance and servitude to their Hindu master? If Churchill must be asked to declare his war aims how could anybody avoid asking Mr. Gandhi and the Hindus to declare their war aims- Dr. Ambedkar cited by Teltumbde Anand in his Introduction to a book, the academic community in India has not taken “Anti-Imperialism And Annihilation of Castes” Dr. Ambedkar as economists seriously. Most of his degrees come from economic faculty and much of his earlier writing also is on economical issues. He was perhaps the first Economist who has done a pioneering work on the Economics of caste. He considered Caste basically a economic organization. Dr. S. K. Thorat observed that Ambedkar’s views on scheduled castes and depressed classes are reflected in his planning exercise and this was incorporated in the plan objective. The plan Document states that: “One

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of the objectives of Government would be to take steps to ameliorate the condition of scheduled castes and backward classes. Care must be taken to see that social amenities such as education, public health water supply, Housing, which are meant to be provided under the plan, work specially for the benefits of such classes and that the handicap of ignorance and poverty under which they now labor is offset by special concessions in the shape of educational facilities, grants, scholarships, Hostels, improved water supply or similar measures. It would be the special responsibility of the Government to see that early measures are taken to remove the handicap of these classes and help them to raise their level to that of their more fortunate fellow citizens. Dr. Ambedkar in his writing and speeches published by Government of Maharashtra Vol. 5 (1989). has pondered over the socio- economical and political downfall of Dalits and backward classes,” Dr. Ambedkar discussed how and why the caste system in India did not vanish while similar system in other part of world had vanished with growth of civilization. He strongly argued that Hindu Religion has made caste system a divine and sacred thing. He also opined that economic activity has always remained outside the sanctity of Religion. Hunting society was not without religion but hunting, as an occupation was not made sacred by religion. Hindus are the only people in the world whose economic orderrelation of workman to work man is consecrated by religion and made sacred, eternal and inviolate. Dr. Ambdekar as an economist of high stature was convinced that capitalism in present form as an economic system could not solve India’s basic problems of poverty, illiteracy, unemployment and socio-economic inequality. Dr. Ambedkar’s all over views on India’s economic policy were not included in the constitution fully. He was of the opinion that State should command the economic policy. States economic policy should farm a part of constitutional law. So, that these policies cannot be removed by future legislatures. His economic thoughts are well reflected in a Memorandum, “States and Minorities,” submitted by Dr Ambedkar on behalf of All India Scheduled Caste Federation to the constituent Assembly. Along with many other things the Memorandum prescribed the economic policies and programs to address the basic needs of country. Some of salient features of his economic policy are as follows1. Key Industries shall be owned and run by the State. 2. Industries which are not key Industries but basic Industries shall be owned and run by the State.

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3. Agricultural shall be State Industry. The land acquired by the Government shall be so distributed that there shall be no landlord and no tenants and no landless laborers.

6. The Future of Social Justice While framing the Continuation Dr. Ambedkar had made several provision for establishing a Just and egalitarian society based on the principle of liberty, Equality and Fraternity, which is also reflected in his preamble to the constitution of India. He was a strong supporter of socialistic Model of development and was the firm believer that “unless the social justice is delivered to the hitherto exploited and neglected sections peace cannot be achieved in any Nation State. No nation can afford to exclude a handful of Dalits population if at all they want to become a Mahasatta”. He had expressed a fear and warned the then rulers that they must end the Socioeconomic contradiction that exists in our society at their earliest or it will have disastrous consequences for the Nation as a whole. While dedicating the Constitutation to the Nation on 25th Jan, 1950 he said : “On January 1950, we will have equality in politics and inequalities in social and economic life. We must remove this contradiction at the earliest moment, or else those who suffer from inequality will blow up the structure of political democracy”. After more than sixty years of India’s independence what we find is the very dismal picture of the scheduled caste communities in India. The new economic policy followed by globalization has taken away many of the fundamental rights which were guaranteed by the Constitution of India. The shrinking of the state has left out 35 crores people, majority of them scheduled caste and living below poverty line, from the process of development. The State is no more a Welfare state, which is indicated by the decrease in the budgetary allocations for welfare services and social sectors. An eminent economist Dr. Bhalchandra Mungekar who is presently working as a member of planning commission has expressed serious concern over the dismantling of the welfare state due to the policies of globalization. He said: “One of the consequences of India’s marked transition to market economy is an attack on role as a “Welfare State.” Certain basic services, which were hitherto provided by the State as welfare services, will suffer reduction in budgetary allocations and hence it will directly hit the poor sections of society like Dalits. Several studies unequivocally confirm that, in the post reform period the real expenditure on social sectors like health,

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education have remained stagnant, in some cases even declined. (Mungekar, 1999; Prabha, 1994, 1996, 1998 and 1999). The issue of farmers suicides in Maharashtra and elsewhere in India during the past few years and increasing number of atrocities against the Scheduled caste and scheduled tribes and their spontaneous reaction in the Khairlanji incidents can be attributed as the fall out of the economic disparities created by the anti-people policies enacted by the government as as a part of globalization/Neoliberalism.

Appendix-1 Agencies of social justice GOVERNMENTAL Legislature Executive

Judiciary

INSTITUTIONAL Autonomous Institutions

-

Parliament State Assemblies Ordinances Ministers Bureaucracy Special Police Military Para Military Forces Supreme Court High Courts Special Courts District Courts Panchayats

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University Grants Commission Election Commission Finance Commission Agriculture/Planning Commission UPSC/State PSCs Women’s Social Welfare Board University & Colleges Films Division & TV Children’s Development Committees Women Uplift

-

Independent Institutions (Social Service Institutions)

-

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Non-Governmental Constitutional

-

Non-Constitutional

Organization Student’s Unions Employees’ Unions Labour Organizations Public Enlightenment Instructions Industrial Organizations etc. Religions/Sects Morality Political Parties/Pressure Groups Special Movements Intellectual Class Artists/Poets & Painters Writers/Literatures Advocates/Reformers Film Media Newspapers Environmentalists etc. Terrorists’ Groups Traitors’ Movements Naxalites etc.

Source : Jatav D.R.( 2006 )

Notes 1. Chalam, K. S., (2003), “New Economic Policy: The Dvija Project,” Social Action, Vol. 53, No. 1, January- March, pp. 63-75. 2. Breton Albert, (2003 ), “Federalism in Globalising World: Challenges And Responses,” EPW , September, pp. 6-12 . 3. Jogdand P. et. al. (2000), “New Economic Policy And Dalits”, Rawat Publications, New Delhi And Jaipur. 4. Patankar Bharat, (2000), “ New Economic Policy And Dalits : Alternatives Of Development, ” Ibid . Pp. 58-67. 5. Pulshikar Suhas, (2000), “Caste State And Political Economy,” Ibid. pp.69-81. 6. Omvedt Gail, (2000), “New Economic Policy, Poverty And Dalits”, Ibid. pp. 38-57. 7. Thorat S, K., (2000), “New Economic Policy And Its Impact On Employment And Poverty of Scheduled Castes,” Ibid. pp.199-230. 8. Ambedkar B. R., (1990-91), “Dr. Ambedkar Writing And Speeches,” Vol. 5., Government of Maharashtra.

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9. Ambedkar B. R., (1979), “Dr. Ambedkar Writing And Speeches,” Vol. 1., Government Of Maharashtra. 10. Mungekar Bhalchandra, (2004), “ India’s Economic Reforms And Dalits: An Ambedkarian Perspective, Dr. Ambedkar Institute of Social And Economic Change, Mumbai . 11. Teltumbde Anand, (2003 ), “Globalisation: Assessing Impact On Dalits In India,” Social Action , Vol. 53., No. 1 , January – March, A Social Action Trust Publication, New Delhi. 12. Bikram Keshars Mishra (2006): “Dalits and Social Discrimination: Re examining the caste system in 21st century,” in Dalits In India: Past And Present, Edt. by Sarkar R. M., Serials Publications, New Delhi. 13. Saxena Ashish (2006). “Quest or subsistence of Dalits in the era of globalization: Some critical reflections”, Ibid 14. D.R. Jatav, ‘Social Justice – Indian perspective’ ABD publisher Jaipur, 2006 15. Roy Ash Narayan, (1999): The Thirld World: In the Age of Globalisation: Requiem or New agenda ?, Zed Book publications , London and New York. 16. Ruddar Datt (2001): ‘Second Generation Economic Reforms’ Deep and Deep Publications, New Delhi.

CHAPTER NINE EXPLOITATION OF SCHEDULED CASTE WOMEN IN NAME THE OF RELIGION: A DEVADASI CULT PRATIBHA DESAI

Introduction Woman carrying a jag (metal mask) in a Pardi (basket) on her head and begging is known as ‘Devadasi’. (Servant of God). This ceremonial system is called “jogava” in Marathi. She maintains herself by begging and ends up her life in brothel. We know that religion is a complex phenomenon, which pervades a vast range of human activity in the society. It emerged with the belief in power, superior to human being and directs him to destiny and controls the nature. Its practical dimensions are expressed through a number of ways in the form of culture of the society. The religious scriptures always play a major role in the development of language and literature. Inspite of all these merits of religion, one cannot overlook number of aberrations, crimes, superstitions and exploitation in the name of religion. In India there exits a religious practice called Devadasi Cult, under which a girl is dedicated to or married not with mortal man but to idol or object of worship or to a temple. This cult is prevalent even today throughout India and more particularly in South Karnataka especially in the districts of Belgaum, Bijapur, Gulbarga, Bidar and in the districts of Maharashtra Solapur, Kolhapur, Satara and Sangli etc., Compared to other districts of Karnataka it is more prevalent in Belgaum district of Karnataka State where thousands of untouchable female children (between 6 to 8 years) are dedicated to Yellamma deity. Yellamma deity is favorite among the dalit community. The dedicated

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girls are in the form of commercial sex workers. The saying in Marathi is ‘Devdasi devachi, bayko saarya gavachi’, means servant of God but the wife of whole town. According to an estimateion at least one thousand (1,000) girls belonging to backward communities are initiated into Devdasi system every year and in to forced are trafficking and commercial work. The cult of dedicating girls to temples is prevailing all over India, despite many governmental legislative measures. It is in different forms and names such as Maharis in Kerala, Ivatis in Assam, Murali’s in Maharashtra, Basavis and Devali in Andhra Pradesh and Jogatis and Basavis in Karnataka State. With the spread of urbanization and commercial sex work, this cult is becoming more active with the new entrants. The backward areas of Belgaum district are more prone to this cult, where maximum number of Scheduled Caste women from the majority villages of Belgaum district is dedicated to Yellama Deity of Soundatti in Belgaum district. In view of this, the paper attempts to address following objectives. 1. To find major reasons behind for persistence and continuity of this cult. 2. To understand major impacts of this cult on backward caste women. 3. To devise possible measures to eradicate this deep rooted religious cult.

Key Concepts The Cult: In fact etymologically speaking the word cult is derived from the French word ‘Cult’ and Latin word ‘Cultus’. Both the words cannote ‘cultivate’ and ‘worship’. The word cult is often used as synonymous of sect or a group of followers of a common religion or denomination. In the present study however we refer to cult as the act or acts of worship a system of outward forms and ceremonies. Dedication: Dedication means the performance of any act or ceremony by whatever name it may be called, by which a woman is dedicated to the service of any deity, idol, object of worship, temple or other religious institution or place of worship. Devadasi: The term Devadasi in Sanskrit denotes “Deva” (God)and “Dasi” (Maid) which literally means ‘female servant of God’. People of

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study area hardly use the word devadasi to mean dedicated women. Usually they call ‘Jogati’ and in some exceptional cases ‘ Sule’ (prostitute) Bombay Devadasi Act 1934, which defines devadasi as the performance of such ceremony is mance of any ceremony intended to dedicate or having the effect of dedicating of woman a devadasi where such women has or has not consented to performance of such ceremony is hereby declared unlawful and to be an effect to any custom or rule to the contrary not withstanding. This law also declared the marriage of devadasi valid and children of such marriages are legitimate. Scheduled Castes: Hindu society in India is organized on the basis of unique form of social stratification called ‘Caste’. The caste is also pervasive and it plays an active role in all spheres of life. This system has compartmentalized with the Brahmins at the apex and the untouchables who are now renamed as Harijans or Scheduled Castes at the bottom. The other castes are based on purity, pollution, occupation, etc. In this system the highest group enjoyed all the privileges while the lowest and near lowest suffered all the disadvantages and virtually became the slaves of the upper and cleaner castes. With the view to safeguarding the interest of the socially discriminated castes, they are classified as Scheduled Castes in the constitution. Scheduled Caste group is heterogeneous category consisting of several caste groups.

Methodology of Study To fulfill objectives of the study qualitative methodologies are employed. A case study method is used focusing on a single village Chinchali in Belgaum district of Karnataka State. (Shankar: 1994: 99)

Sources of Data Primary as well as Secondary data are collected for the study. Primary data are collected through face to face in depth interviews (case studies) by using interview and observation technique. Further, crosssectoral informations are gathered on informal interview form key informants like leaders, brothel keepers etc. The secondary sources are collected from the books and journals supplementing the, village records, district census handbooks, gazetteers, ethnographic notes, archival accounts, temple and math records, sanads, government orders, scripts of dance and lyrics, and ritual songs. Further,

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collected qualitative information is presented descriptively by presenting case studies.

Area of the Study Belgaum district tops the list of districts having devadasi population. The famous goddess Yellamma temple at Soundatti is situated in this district and is popular for mass open initiation of girls to Devadasi Cult. As a result the government of Karnataka passed legislation to ban dedications of girls to temples. Chinchali village is one amongst the 58 villages of Raibag taluka. It is a big village having 3000 households with nearly 25000 population. About 25% of households belong to SC and ST. Out of the total households 750 households are SC and ST households. The Scheduled Castes majority prevailing are Mahar (Holeya), Mang, Chambar, Bhuvi, Vaddar, Koravi, Dhor, Dhasar, Shikalgar and Talwar.

Evolution of Devadasi System The evolution of Devadasi cult can be traced; a much earlier period in the history in India. This cult appears to be the relic of Devadasian, matriarchal society. In the olden days it was highly honored system patronized by the kings. Over a period of time, the system deteriorated because of the superstition, religious dogma and illiteracy and these women began to be exploited for the flesh trade, reducing their dignity to the level of cheap prostitution.

Dedication Process When a girl is dedicated to or married not to a mortal man but to an idol, deity or object of worship or to a temple some rite is performed. This dedication ceremony is more or less similar to the marriage ceremony. It is called as Muttu kattuvadu (tying the beads) or “Devarige Bidavadu” (dedicating to the deity). Auspicious days for dedication ceremony are full moon days of these months. Unlike old times, such ceremony is now-adays performed rather secretly without much fanfare at smaller temple or local priests residences rather than big temples like Yellamma at Soundatti or Kokatnur to avoid the expenses and also to escape clutches of law. The expenses are borne either by the wouldbe companion or paramour or the “Gharwalis” mistresses of urban brothel where these girls would be expected to join their brothel.

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The vows at time of initiation include the warning to parents or brothers that this girl will have a right in their property. Then the priest addresses the girl to be dedicated and seeks some set answers, to which the girl has to agree. Priest look! Hereafter you cannot claim a right of wife with any(Shankar: 1994: 101) man, you have to fast on Tuesdays and Fridays and beg on those days holding a Joga in your hand. You happen to see a calf; sucking its mother you should not forcibly withdraw the calf. If a cow grazes the crop before you. You shall not drive it away. You shall not speak untruth. If you are feeling hungry don’t tell others and ask for food, offer shelter to shelterless and strangers. Provide food to those who are hungry and water to the thirsty. Help the helpless people. If anybody abuses you and beats you never retaliate. If you come across with an event of death you have to take bath, visit the temple of Yellamma. only after worshiping the deity you are supposed to take meals. You should not eat “Yenjalu (left out food) of somebody you shall chant “Udho Yellamma” all the time. (Jogan Shankar, 1994, pp-101). There is another simplified procedure of initiation ceremony, which is economical and attracts less attention of the public. The girl is taken to a natural spring pond at Yellamman Gudda. There the girl takes bath and wears a new white dress along with a few jogatis and relatives, she goes to Yellamma temple with naivedya to offer to the deity. In the plate, which contains naivedya, a bead necklace is kept and it is covered by piece of cloth. Then they hand over the plate to the driest. He offers the naivedya to the main deity and picks up the bead necklace and touches it to the feet of the idol, then he keeps it back in the plate and covers it with the cloth. Then jogtis and parents come out of the temple. A senior jogati ties the bead necklace to the girl’s neck all jogatis who accompany her to the temple are fed and offered some “dakshina”. The girl after this ritual comes back to village and goes for jogva (begging). As she goes for jogva all members of the village realize that she has been dedicated to Yellamma deity.

Life after Dedication After dedication the ceremony of the first night is celebrated. It is called Uditumbuvadu or Deflowering ceremony. The deflowering ceremony is conducted after the girl’s first menstruation period. Previously the right belonged to the priest but nowadays it is well public within the clientele of

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businessman and rich landlords. One who deflowers her gets right to her over others for the rest of her life but neither she nor the children of such union have any right over him or his property. He can leave her any time. She has to lead a life of a cheap prostitute either near about or at metropolitan brothels. By the time her market value goes down and she is thrown out of business, she becomes a habitat for a number of diseases including may be AIDS, and ends up in some village corner, desolate, rejected friendless and rots to death. The emergence of a new trend is noticed pertaining to deflowering of a devadasi who is destined to urban brothels through agents or gharwali. For the purpose of deflowering a client is fixed by the concerned agent and the final is flowered by that client who pays a huge amount as bhakshish (tips) to the gahrwali or agent.

Major Factors Responsible for Persistence and Continuity of This Cult Religious, social and economic are the three major factors responsible for persistence and continuity of this cult. These factors are interlinked. Religious Factor: Religious orthodoxy and ingrained superstition play important role in the dedication process. Yellamma deity has maximum devotees from backward communities. These are mostly poor; illiterate who take vows that show their wishes to fulfilled, if their daughters will be given away to Yellamma. Some parents pray for the fulfillment of a wish or cure from a disease others hope to be blessed with the birth of a son. All these blind beliefs lead the parents to dedicate their daughters. Davadasi Cult becomes a major religious fitting center, which provides the prostitutes to the majority of the social as the girls are from Schedule Castes. The other reason is that devadasis have a firm religious belief that they must not get married as they are married to god. This poses a difficult problem, not only to find them husband but also persuade them for marriage. Instances are abundant that these girls married and lost their prestige in the eyes of their kith and kin. These strong beliefs forced to them remain unmarried and lead life of prostitution. Economic Factors: Economic factors play an important role in prevalence of devadasi system. The devadasi cult prevails in the corridors of Karnataka and Maharashtra are chronic drought prone regions neglected for centuries and even under successive governments after independence.

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Natural calamities like floods, and famines are the annual hazards, which leave people poverty stricken and encourage untouchables to practice this system. Landlessness and unemployment also encourage many Scheduled Castes to practice this system. Social Factors: Major Social factors are vested interest of upper caste and classes for gaining accessibility the desire of women of lower castes to appear their extra martial sexual needs. Illiteracy, general ignorance and alienation of elities among Schedule Caste force them practice the system. Upper castes reinforce their declaration of social and economic superiority over the lower caste by keeping dalit women as prostitutes. Other factors are influence of agents of brothels, procures and local devadasis and gharwalis and influence of old devadasis (Jogatis) who have the germs of the evil system. They influence innocent parents by oracles and soothsaying. Childless devadasis adopt female children and dedicate to the deity to have somebody to look after them during their old age.

Devadasis of Chinchali There are many devadasis in Chinchali. Devasis are found among only four Scheduled Castes Viz: Holers, Madars, Samagar and Bhuvi. Majority of the devadasis belong to age group of 21-30.Parents maintain the secrecy until girl attains puberty.Hence it appears that the number of devadasis below the age group of 14 is under enumerated.Devadasis of Chinchali are engaged in diverse occupations. Majority of devadasis are practicing prostitution in urban brothels and also to some extend in the villages. Table-No.1 Table showing population of Devadasis of Chinchali Village. Castes 1) Holers 2) Madars 3) Samagars 4) Bhuvi Total

Number of Devadasis 17 3 2 1 23

Percentage 73.91% 13.04% 8.70% 4.35 100

A majority of devadasis of Chinchali Village comes from Holer Caste. Their contribution to the cult is to an extent of 73.31% and followed by

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Madars who contribute to the extent of 13.04% of the total population of the devadasis of Chinchali village. Among the Samagars two cases and Bhuvi one case are present. Table-No.2 Age-wise classification of Devadasis in Chinchali village Age Group Below 14 yr. 14-20 yr 21-30 yr 31-45 yr Above 45 yr Total

Number of Devadasis 1 6 10 4 2 23

Percentage 4.35% 26.09% 43.48% 17.37 8.70% 100%

It is clear from the Table - 2 that the majority of devadasis belong to the age group of 21-30 yr. It is found that that the number of devadasis belong to the age below 14yr is low. Because parents maintain the secrecy upto puberty. Hence it appears that the number of devadasis below the age group of 14 is under enumerated. Table-No.3 Occupational Distribution of Devadasis in Chinchali Village. Occupation Prostitution in urban brothels Prostitution in proper Village Actual Cultivators Agriculture Labourers Householdwork Government Service Old Age Pensioners Total

Number of Devadasis 7 4 2 6 1 3 23

Percentage 30.43% 17.39% 8.70% 26.09% 4.35% 13.04% 13.04% 100%

Out of total number, 11 are devadasis carrying on prostitution,. Among them 7 are indulging in prostitution in urban brothels and 4 of them are practicing in the village. This category accounts for 47.82% to the total number of devadasis. Next to this a large number of devadasis are also

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engaged in agricultural activities and the total number of such devadasis comes to be 8 i.e. about 34.79%. Out of them 2 are cultivators having their land and the remaining are the landless agricultural labourers. The remaining devadasis are engaged in diverse occupations. From the above table it is clear that only 1 devadasi is engaged in household activity and 3 of them are availing old age pension. In order to get the clear picture of devadasis cult, an in-depth analysis of some cases is undertaken. Four case studies are presents in the study for giving insights of the problem.

Case 1 Muttavva Bhuvi is a devadasi belonging to fisher community. She is 31yrs old and practicing prostitution in her village. She is illiterate and was dedicated at the age of 10 yrs. Her father is fisherman and landless agricultural labour and her mother is the devotee of the deity Yellamma. Her mother told that she had no child and she took a vow to Yellamma of Soundatti to dedicate a daughter if she delivered. Later she had only a daughter. She recalls that dedication was to be done at the local Yellamma temple in the month of April. After attaining the puberty she was introduced to a local upper caste youngman, who did the first night ceremony with her. Sometimes she lived with him and now she has no economic support from him. She is mainly dependent on prostitution. She had no child. Her presence is essential at every religious function of Yellamma temple.

Case 2 Mala Kamble is a devadasi of Chinchali village. She is 35 yrs old. Her parents are landless agricultural laborers. As per family tradition she was dedicated to the Yellamma of Soundatti at the age of 8 yrs. She recalls that the dedication is done at the temple of Yellamma during the annual fair. They went to attend the fair in a bullock cart. After attaining puberty she was introduced to a local Lingayat youngman, who did the first night ceremony. Now, she is living with him. She had got couple of children. Both of them are daughters. Her first daughter is studying in 10th standard and the second in 4th standard. She does not want to dedicate her daughters to Yellamma and she wants to educate them. According to her it is a cruel system where dalit women are exploited in the name of religion.

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Case 3 Putala Mang is 70 yrs old devadasi living with her brother’s sons. She has no child. She had been dedicated to Yellamma at early tender age She belongs to Madiga caste. Accordingly the dedication ceremony was conducted at Soundatti. She attained puberty at the age of 13. A village Maratha landlord conducted deflowering. For a few days he continued relation during this periad and he provided some assistance. She got some property from her later lovers. She gave full authority to her father and brothers to enjoy her property. She is living with her brother and she is getting pension from State Government. She told that earlier devadasis were given more respect in the society, which is not the case present.

Case 4 Sakhubai Samagar is the daughter of shoemaker. At the age of 14 she got married with the Samagar from nearby village. Her husband was poor and he was very lazy. He used to remain idle and thereby accentuated further degradation of the economic conditions. Her married life became unbearable. Hence she deserted her husband and went to her father’s place at village. The practice of keeping married daughter with the parents is usuasal, considered to be improper in the village. An old devadasi of the village suggested her father to dedicate his daughter to Yellamma deity. Her father also accepted the suggestion. Soon after dedication, she was introduced to Bombay, Kamatipura red light area by a Gharwali of the same village. She was turned into Commercial Sex Worker when she was of about 8 yrs. She is HIV positive. Due to this reason she returned to her native place. Now she is leading a miserable life without any hope.

Bad Impacts Dedication to devadasi cult provides a license for prostitution with religious sanction. Many downtrodden women are sexually exploited. Soon after dedication, she has to lead a life of a cheap prostitute either at metropolitan or nearby brothel. By the time her market value goes down. She is thrown out of business and she becomes helpless. At the end she leads miserable life. Majority of women are suffering from HIV AIDS. Many Devadasi children have no legal father, as where biological fathers are not ready to take their responsibility.

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Measures 1. Awareness: Awareness needs to be created among the lower caste people from where women are initiated as devadasi. Detailed information regarding HIV AIDS may be is given to every member of this community. The Karnataka devadasi (Prohibition of Dedication) Act,1982 should be made known to all the people in general and community leaders, various peoples’ representives at village and priest. Law should be enforced strictly. 2. Education: The members belonging to low castes from which women are initiated, as devadasis should be educated through media. Children of devadasis should be educated. Education will bring awareness regarding this evil system. Daughters of devadasis should be educated free of charge 3. It is necessary that rehabilitation and remedial centers be located in rural areas where the practice is prevalent with a high rate. 4. Poverty and unemployment are major factors which encourage lower Castes to practice this evil system. Poverty should be eradicated. It is necessary to launch the anti-poverty programmes. Establishing industries should provide employment. 5. Superstitions and blind beliefs should be eradicated from minds of these people. 6. Lower caste people should be encouraged to accept the Buddhism. 7. Frequent anti-dedication campaigns and rallies should be arranged in the area where this practice is popular. 8. The children of devadasis are more prone to the devadasi system. Hence, they should be kept away from such social environment at an early age. They should be provided education in residential schools. 9. Marriages of devadasis should be conducted and respect and social prestige should be given to them. 10. Values and attitudes held by male members of the society who are responsible for continuation of exploitation should be changed.

Conclusions Devadasi cult is evil system where many backward women are exploited in the name of religion. It is more in the borders of Karnataka and Maharashtra States. Devadasi cult is one of important Prostitute Fitting Centre through which more number of devadasis is provided to the brothels of nearby towns. This is major cause to spread of HIV AIDS.

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Poverty and employment are the major factors which encourage the devadasi cult. Hence, it needs to be tackled properly for its eradication.

Notes 1. Amrit Srinivasan, “Reform and Rvival: The Devadasi and Her Dance”, in Economic and Weekly, Vol.XX, No.44 November 2, 1985,pp 1869-1876. 2. Artal R.O, “Basavis in Peninsular India” in Journal of Anthropological Society of Bombay, Vol, IX, No 2, 1910. 3. Asha Ramesh, “Impact of Legislative Prohibition of the Devadasi Practice in Karnataka: A study”, May 1993. 4. Chakrapani, C, “Jogin System: A study in Religion and Society”, Man in Asia, Vol. IV, No. II, 1991. 5. Croke, Williams, The Popular Religion and Folklore of Northern India, Delhi: Munshiram Manharlal,1968. 6. Heggade Odeyar D, “A Socio-economic strategy for Rehabiliting Devadasis”. 7. Iyer, L.A.K. “Devadasis in South: Their Origion And Development” Man in India, Vol.7, No.47, 1027. 8. Jogan Sankar, Devadasi Cult-A Sociological Analysis, New Delhi: Ashish Publishing House, 1994.

CHAPTER TEN DEVELOPMENT OF THE DALITS: SOME OBSERVATIONS P.G. JOGDAND

Introduction The term ‘development’ has been in vogue for the last so many years. In almost every piece of writing, people have been using it to describe growth, transformation and development. In addition to this, development and social change are being used inter-changeable. In the works of early social scientists, the term development was used to refer to the course of social evolution. With the rise of capitalism and the industrial system, new thinking has emerged. The central element of this new thinking was the idea of economic growth, measured in terms of the growth of gross national product (GNP) The term development acquired an economic reconstruction as it became synonymous with economic growth. The works of W.W. Rostow (Rostow, 1960) and others bear ample testimony to this shift. Economists tended to identify development with economic growth, as measured by the growth of GNP or of the per capital income. Generally speaking, economic development is the idea of structural changes in the economy reflected in the sectoral shifts from agriculture to industry or from the primary sector to the secondary and tertiary sectors (Sharma, 1996) Development calls for a particular pattern of society, where a society characterized by the ideals of liberty, equality, fraternity and social justice would appear to be a suitable model. Development is associated with the project, which is being used (and misused ) in sociopolitical spheres, namely ‘capacity-building ‘ or ‘potential development project’. Numerous agencies, including the State, have ventured for this project in order to launch the process of development among the Dalits (Scheduled Castes (SCs) and Scheduled Tribes (STs). The ultimate purpose of development is to provide increasing opportunities to all people for a better life and opportunities such as education, health, nutrition,

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housing , social welfare and so on (D’Souza, 1990). All this goes to show how development has acquired different meanings with the change in emphasis from economic growth to the development of the capacities of the people. Further, it is evident that socio-economic development is explained in terms of an overall change, including social progress, economic growth and change in perception and attitude of the people. More clearly, development means an upward change in the social, economic and cultural conditions of a person or a group of persons or community. It also includes the greater political participation and more access to power. In the case of Dalits, development is to be understood in terms of bringing them out of their degraded social status, acute poverty and brutal exploitation (Ram, 1995). In other words, development means progress in their overall socio-economic conditions and an upward enhancement in their social status. It is also to be viewed in terms of change in the traditional perception and attitudes of caste Hindus and others about the Dalits. Such a perception is already enshrined in the Constitution of the country, but the need is to translate it into practice along with the nourishment of social change and development. True development, among other things, lies in improving the productive capacities of the underprivileged section (in this case, the Dalits). On the contrary, under the prevailing scheme of development planning aimed at rapid economic growth by employing sophisticated technologies, it is only the productive capacities of the economically developed classes that are improving, even at the expense of displacing the poor from their employment, however underpaid they may be (D’Souza, 1990). Since the inception of the planning era in India, making the society more just and egalitarian in economic and social aspects has remained one of the major objectives of state policies. The government and the planners, both at the Center and states, formulated and implemented various policies aimed at raising the social and economic conditions of the people under reference. The State emphasis is on growth with social justice. In keeping with this ideological perspective, the state has continued with the Policy of Positive Discrimination (PPD) for the last 58 years. In addition, the Indian State has launched various schemes and programmers for ameliorating the difficulties of Dalits, endandered by their deplorable socio-economic

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conditions. That is why the Indian State has formulated, during the past half a century, a number of policies and programmers for helping the Dalits along with other such groups. The impact of all these policies and programmers is expected to raise the educational, employment and income level of those belonging to these groups. After more than five decades of planning it is pertinent to look into the socio-economic conditions of these communities vis-à-vis others in terms of education and employment. Protective discrimination was one of the means chosen by the State to achieve development of the Dalits. In pursuance of various constitutional provisions (elaborated in the next section) for Dalits a number of measures have been undertaken by the Central and State Governments for the economic, educational and social upliftment of these sections since independence (Galanter, 1997). Such measures may be grouped into three broad categories namely protective, developmental and welfare.

Constitutional Safeguards As stated earlier, in the Constitution of our country, India has fully recognised the need for the social and educational development of the Dalits. It has also abolished the practice of ‘untouchability’ and has declared it as an offence punishable in accordance with the Law (Article 17). The Constitution has not only granted to every citizen of India the right to profess any religion (Article 25). But it has also included in the fundamental rights that no citizen will be discriminated on the basis of religion, race, caste or sex (Article 15). The Constitution also provides for reservation of seats for the Dalits in the Lok Sabha (Article 330) and State Vidhan Sabhas (Article 334).Out of 545 seats in the Lok Sabha, 106 seats are reserved for the weaker sections. In pursuance of Article 332, reservation of seats for SCs and STs in the State Vidhan Sabhas (Legislative Assemblies) is also provided. In accordance with the Constitution (73rd Amendment Act, 1992), seats in the Panchayats (village to Zilla parishads) are reserved for Dalits in proportion to their population at the respective level in direct elections. On the economic front, the Constitution not only prohibits any form of forced labour (Article 23), but makes special provisions for these people to provide reserved posts in various government departments, both at the Center as well as at the level of the States and Union Territories (Article 16, 320, 335). These reservations have been offered according to their percentage of the total population of the country. Article 46 of the

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Constitution offers a special provision to promote with special care the educational and economic interests of the weaker sections. It also offers them protection from social injustice and all forms of exploitation. In addition to the above safeguards in favour of these sections, some protective and anti-exploitative measures have been provided. These measures include the Untouchability Offences Act, 1955, which was then amended to the Protection of Civil Rights (PCR), 1976, with more severe punishments, Since the PCR did not cover all cases of atrocities on the weaker sections, a vital step was taken by the parliament in 1989 to prevent atrocities on these sections namely the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Besides all these provisions in favour of the Dalits, the Government of India has been implementing plans for the last 50 years within the provisions of the Constitution. In the First Five-Year Plan, the policy measures were largely confined to educational facilities, allotment of waste land and reservation in Government services. The same approach continued in the Second Five-Year Plan as well. In the Third Plan, assistance in educational development received high priority with additional emphasis on technical and vocational training. In the Fourth Five-Year Plan, the emphasis on education continued. In the Sixth Plan, significant modification was made in the strategy towards the economic development of these sections. In this Plan, the special component plan was adopted in order to allow the flow of funds and benefits from various sectors to the weaker sections. In the Seventh Plan, emphasis on beneficiary-oriented programmes for the socio-economic upliftment of the weaker sections continued. In the Eighth Five-Year Plan, education and programmes during the Eighth Plan were tuned to meet the specific needs of these communities. The approach paper to the Ninth Five-Year Plan observed that all programmes meant for them would be so designed as to empower them and provide both social and economic mobility. In addition to the funds allocated for the benefits of the SCs and STs, a number of schemes have been launched by the Government from time to time: for example, the Integrated Rural Development Programme, NREP, Training of Rural Youth for Self Employment (TRYSEM), Jawahar Rojgar Yojna, Tribal Development Programmers, Special Component Plan, the Scheduled Castes Development Corporation and so on.

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There are several ad hoc schemes like the National Safai Karmachari Development Corporation, Post-Matric Scholarships to upgrade the merit of SC and ST students, book banks, centrally sponsored schemes for boys and girls hostels, aid to voluntary organizations, Dr. Ambedkar Foundation and others, which were initiated to enhance the development of Dalits in non-traditional occupations. So the Constitution of India has provided all the possible basic and human rights to the weaker sections and has even empowered the President of India to appoint a Special Officer or a Commissioner in order to see the working of the above constitutional safeguards and report the same to the President.

Educational Scenario The spread of education among the Dalits has been a major part of government programmers since the early 1950s. It mainly includes financial support in the forms of scholarships; stipends at school and college levels; construction of hostels; reservations in engineering and medical colleges; and so on. It has often been emphasized that prescribed legal concessions like scholarships and hostel facilities should be given for Dalit students. But, on the contrary, the funds allotted for the use of Dalit students are usually not properly utilized and often mismanaged by the authorities at various levels. As stated earlier, Article 46 of the Constitution of India refers to the special care to be taken by the State for the promotion of education among the SCs and STs. The policies of the government have led to improvements in the access of the weaker sections to educational services. Literacy rates of the sections, as shown in the report on , ‘Education for All: The Indian scene (India: Ministry of Human Resource Development , 1993), indicate an increase in the literacy rates among the SCs from 21.4 percent in 1981 to 37.4 per cent in 1991 and among the STs from 16.4 per cent in 1981 to 29 per cent in 1991. The literacy rate among SC males increased from 31.1 percent in 1981 to 49.9 per cent in 1991, and among ST males from 21.5 per cent in 1981 to 40.6 per cent in 1991. The corresponding literacy rate among SC females increased from 10.9 per cent to 23.8 per cent; and among ST females from 8 per cent to 18.2 per cent in 1991.

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As is evident from this Report, the main problems of these communities on the educational front is high level of illiteracy, massive drop-out at the middle school level and limited access to higher education. This has happened despite progressive educational programmes for these sections in our country. Table 1 gives a comparative picture of the literacy rates of the Dalits (SCs and STs) As compared with open communities as per the 1991 census. There has been an increase curve in the literacy at the national level have shown a significant increase from 52 per cent in 1991 to 62 per cent in 1997. As per the indications available from the 2001 Census (India: Office of the Registrar General, 2001), the gaps between the literacy rate of Dalits and non-Dalits are narrowing down and, except in some pockets, even female literacy has shown encouraging trends. Data shows that there has been a significant improvement in the Gross Enrolment Ratio of the Dalits. However, the worrying feature is the high drop-out rates among children from Dalit communities. Though special programmes have been initiated in improving the educational status of the Dalits, the desired results have not been achieved to the extent expected because of numerous factors. Globlalisation has come to halt it. It has set a new paradigm that negates the premise of the Welfare State, which had enabled the educational progress of Dalits. It is the commercialization of education, an elitist orientation and the all pervasive ethos and free market that are openly injurious to Dalit interests (Teltumbde, 2003: 179). As a consequence of the overall process of privatization, the State is withdrawing more and more from its welfare obligations by reducing its share in social sector investments such as education. The worst-affected victims of reduction of social welfare investments and commercialization of education are the Dalits who have been historically denied educational opportunities.

Andhra Pradesh Arunachal Pradesh Assam Bihar Goa Gujarat Haryana Himachal Pradesh Jammu & Kashmir Karnataka Kerla Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland Orissa Punjab Rajasthan

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All Person 44.09 41.59 52.89 38.48 75.51 61.29 55.85 63.86 ---56.04 89.81 44.20 64.87 59.89 49.10 82.27 61.65 49.09 58.51 38.55 55.13 51.45 61.87 52.49 83.64 73.13 69.10 75.36 --67.26 93.62 58.42 76.56 71.63 53.12 85.61 67.62 63.09 65.66 54.99

General Male 32.72 26.69 43.03 22.89 67.09 48.64 40.47 52.17 --44.34 86.13 28.85 52.32 47.60 44.85 78.60 54.75 34.68 50.41 20.44

Female

All Person 31.59 57.27 53.94 19.49 58.73 61.07 39.22 53.20 --38.06 79.66 35.08 56.46 56.44 44.27 77.92 --36.78 41.09 26.29 41.88 66.25 63.88 30.64 61.55 75.47 52.06 64.98 --49.69 85.22 50.51 70.45 65.28 54.56 77.54 --52.42 49.82 42.38

20.92 41.42 42.99 07.07 47.51 45.54 24.15 41.02 --25.95 74.31 18.11 41.69 47.41 31.19 81.25 --20.74 31.03 08.31

Scheduled Caste Male Female

Literacy Rates 1991

Table 1

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All Person 17.16 34.45 49.16 26.78 42.91 36.45 ---47.09 --36.01 57.22 21.54 36.79 53.63 46.71 82.71 60.59 22.31 --19.44 25.25 44.00 58.93 38.40 54.43 48.25 --62.74 --47.95 63.38 32.16 49.09 62.39 59.78 86.66 66.27 34.44 ---33.29

08.68 24.94 38.98 14.75 29.01 24.20 ---31.18 --23.57 51.07 10.73 24.03 44.48 43.63 78.70 54.51 10.21 ---04.42

Scheduled Tribes Male Female

65.74 73.75 70.58 55.73 67.81 78.99 82.04 53.56 82.66 82.01 90.18 83.68 64.20

56.94 62.66 60.44 41.60 57.70 73.02

77.81 40.71 71.20 75.29 81.78 74.74 52.19

Source: Census of India, 1991.

Sikkim Tamil Nadu Tripura Uttar Pradesh West Bengal Andaman & Nicobar Islands Chandigarh Dadra & Nagar Haveli Daman & Diu Delhi Lakshadweep Islands Pondicherry India 72.34 26.98 59.40 66.99 72.89 65.63 39.19

46.69 51.33 49.65 25.31 46.56 65.46 55.44 77.64 79.18 57.60 ----56.26 37.41

41.03 46.74 56.66 26.85 42.21 --65.75 88.03 91.85 68.77 ---66.1 49.91

58.69 58.36 67.25 40.80 54.55 --43.54 66.61 67.62 43.82 ---46.28 23.76

42.77 34.89 45.45 10.69 28.87 ----

Development of the Dalits: Some Observations

--28.21 52.91 ---80.58 ---29.60

59.01 27.89 40.37 35.70 27.28 56.62 ---40.75 63.58 ---89.50 ---40.65

66.80 35.25 52.88 49.95 40.07 64.16 ---15.94 41.49 --71.72 ----18.19

50.37 20.23 27.34 19.86 14.98 48.74

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Over the last 15 years, there has been a strongly perceptible trend towards a government policy of encouraging and fostering privatization of education at different levels, which is fundamentally anti-Dalit. While direct costs involved in schooling under the auspices of the government itself has been on the rise in recent times the possibility of private education catering to the needs of the Dalit community is absolutely on the negative side. The impact of privatization of higher education upon the Dalits has been worse and it is on its way to severely contain opportunities to a meager number of Dalit children who have somehow managed to reach up to this stage of education.

Employment of Dalits: Limited Development The basic purpose of policies and programmes to cater to the specific needs of the Dalits is not simply to make their socio-economic development possible but also to make them confident enough to fend for and live a dignified life. Yet, despite its limitations, the reservation policy has brought a few positive changes among Dalits. Individual mobility is one of the positive changes. It has provided social security or private security to the family members of the beneficiaries (approximately 6-7 persons are dependent on each beneficiary of reservation). As stated earlier, the Indian constitution makes a clear promise towards a policy of protective discrimination to help raise the standard of living and provide opportunities to be availed by the Daltis. In spite of the provisions and a number of legislative measures enacted by the government from time to time, the conditions of this group have not improved to the expected level. These provisions have not been applied to all professions. There is no official requirement for the Judiciary, the Universities, Department of Science and Technology Space and the armed forces to employ Dalits. It is only recently that Universities have opened their doors to Dalits at the entry point, that is at the Lecturer /Assistant Professor level There is no doubt then that the Indian State has been very particular in helping these people. However, the development benefits, particularly reservation policy in education and public jobs, have neither been large nor widespread. Moreover, this programme on the government is adversely affecting self-effort. (Roy, 1999) Since it is producing some positive social returns, it is necessary to invest in this policy and implement it–as was originally intended so that the goals

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enshrined in the Constitution can be fulfilled in a better way in the days ahead.

Reservation in the Private Sector and Dalits Liberalisation, privatization and globalisation have been at work since 1991. There has been an adverse impact of all these on the lives of the Dalits. Growing privatization of public undertakings by the Central and State Governments has brought the issue of reservation in the private sector to forefront. In spite of reservations, the representation of Dalits in Class I, II and III is not in proportion to their percentage of population in Government Departments, Public Sector Undertakings, Universities, Schools and Colleges. In the Government Sector, Posts are shrinking and the Public Sector Undertakings, which used to provide some share to these people will not be in a position to do so if they are privatized. Since the private sector enjoys government patronage in terms of concessional land, water, electricity, finance and sales tax rebates and so on, they may be brought under the perview of the reservation policy. There has been a lot of hue and cry on this issue all over the country. For the proper development of the Dalits, the private sector should give appropriate space to the Dalits and address the issue of giving equal opportunity to the neglected sections of the society in a more liberal way. In fact, Dalits face economic discrimination in the Indian market that is , in the labour, land, output and input market and in social services such as education and health. Without any protection against discrimination in the market and in the private sector, Dalits are in the process of losing access to their sources of income and livelihood, including education (Thorat, Aryama Negi, 2005). Dalits are, therefore concerned about and threatened by the globalisation process, which halts their progress (Jogdand, 2003). Recognition of the discrimination that Dalits suffer, in both the rural and urban labour markets in Agriculture, Industry and the tertiary sectors has led to the acceptance of a reservation policy in favour of Dalits but only in the Government and the Public Sector. Even then Dalits employment under reservations totals to only 3-4 per cent. However, privatization of Public Sector Undertakings, Insurance, Education and other sectors and also decline in Government expenditure and consequent decline in Government jobs will drastically reduce the access of Dalits to employment.

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Basically the Dalit community demands and calls on the State to fulfill its constitutionally mandated responsibility to protect the stakes that have been marginalized and excluded from resources, skills and participation. Dalits challenge market forces and private sectors to make the norms of inclusion and equal justice their code of conduct in place of profit maximisation. What the Dalits want is fair access in the private sector economy. Undeniably, the PPD and other policies and programmers initiated by the Indian State have helped Dalits in getting access to different jobs in the Government Public Sector Undertakings, Political arena and Educational institutions to a greater extent. At least at the aggregate level, their recruitment has been in proportion to their population. Overall these state policies have produced substantial legislative presence. Reservation of jobs has given earnings, security, information, patronage and prestige to a sizeable portion. But after 1991 that is after the introduction of the New Economic Reforms, which are aimed at privation and reduction in the role of the government employment of Dalits, has declined both in absolute numbers and in proportion. The new economic measures reversed the positive trends set in since 1956. Moreover, evidence suggests that such redistribution is not spread evenly though the beneficiary groups. Further, it indicates that the Dalits are not a homogeneous group as far as their socio-economic problems are concerned; only their social and cultural identities are homogeneous. Hence, there is a demand that the programmes and policies of he government must concentrate on the unique problem of each section and caste in a region and devise specific and target-oriented schemes for rigorous implementation. Perhaps this is what led the planners to extend the ‘policy of Reservation’ again and again in 1959, 1969,1980 and 1990 through amendments of Article 334 with a hope that another extension of this policy would bring them into the mainstream. Admittedly, Daltis have benefited from the safeguards offered by the Government as stated earlier. Ever since they have realized the benefits of education, they are engaged in educating their children and improving the socio-economic status of their families. Evidence suggests that they have achieved some measure of success in the present social system. The overall impact of all these policies, though limited is certainly positive in the sense that at least a small section of the SCs and STs could get into government jobs and legislatures. However, the poor and needy that constitute a majority are outside the vortex of these developments. This can be seen in the Report of the Commissioner for Scheduled Castes and

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Scheduled Tribes (India: National Commission for Scheduled Castes and Scheduled Tribes, 1997-1998). In this Report a stocktaking has been done with a view to measuring the trends of progress of these sections. The Commission has provided some meaningful data and indicators regarding population, literacy, occupational profile and representation in services to get an overview of the development that has taken place with regard to the SCs and STs in the last 50 years. This Report says that the share of SCs and STs in the above –mentioned indicators of visible progress of India is dismal. All efforts are concentrated only in providing reservation in services, which has also not reached the prescribed limit. The Commission observed that representation should be ensured in respect of the above areas for visible progress of these groups. Emphasis should be laid for promotion of entrepreneurship and upward mobility among the SCs and STs. They should be encouraged to take up self-employment in all sectors of economic development through training, education and provision of financial and other facilities. Many activities are considered necessary for the development of SCs and STs and there should be a policy to contain built in safeguards to ensure a fair share of the benefit to these groups. This should be built in mechanism to provide substantial share and role to such representations from the SC/ST for ensuring the effective working of all these safeguards. (India: National Commission for Scheduled Castes and Scheduled Tribes, 1997-1998:20)

One can see in Table 2,3,4 and 5 the job categories for which the quotas have been filled in. The Dalits are still found concentrated in lower class public sector jobs that is in Class III and IV jobs. There is a heavy concentration of Dalits in the sweepers and allied job categories, whereas there is a heavy backlog in the higher-level Class I and II services reflecting the rigidity of the hierachially structured caste system. In comparison to their population – 16 per cent- Dalits are over-represented as sweepers in the public sector, indicating the caste –based occupational allocation of jobs for Dalits.

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Table No. 2 Percentage of SCs and STs Employees in Different Categories of Central Government Service (1995) Group SCs STs Total (SCs+STs)

Class I 10.12 02.89 13.01

Class II 12.67 02.68 15.35

Class III 16.15 05.69 21.84

Class IV 21.26 06.48 27.74

Total

Sweepers

Grand

17.43 05.78 23.21

44.34 06.91 51.25

18.71 05.83 24.54

Source: India: National Commission for Scheduled Castes and Scheduled Tribes (1996-97 & 98)

Table No. 3 Representation of SCs and STs among Employees in Public Sector Banks,*1986-1996 1986

Year Officers Clerks Sub-Staff (Including Sweepers)

SCs 07.30 13.63 24.94

1996 STs 01.84 03.70 04.39

SCs 11.11 14.69 30.00

STs 03.65 04.71 5.54

Note: * 14 Nationalised Banks, State Bank of India and its Associate Banks. Source: India: National Commission for Scheduled Castes and Scheduled Tribes (1996-1997and 1997-1998).

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Table No. 4 Representation of SCs and STs in the Services of the Central PSEs as on 1.1.2000 Group A B C D (Excluding Safai Karmchari) Total Safai Kramcharis Grand Total

Total Employees 204,127 175,159 1,013,917 407,425

SCs

Percentage

STs

Percentage

21,125 19,355 191,931 91,729

10.35 11.05 18.13 22,51

6,057 7,317 85,744 46,463

2.97 4.28 8.46 11.40

1,800,628 27,903

324,140 20,412

18.00 73.15

145,581 878

8.09 3.15

1,828,531

344,552

18.84

146,459

8.01

Source: India: National Commission for Scheduled Castes and Scheduled Tribes (1996-97 and 1997-1998)

Table No. 5 Representation of SCs and STs in the Services of Central Ministries, Departments and their Subordinate Offices as on 1.1.2000 Group A B C D(Excluding Sweepers) Sweepers Total Excluding Total

Total Employees 93,520 104,963 2,396,426 949,353

SCs

Percentage

STs

Percentage

10,558 13,306 378,115 189,761

11.29 12.68 15.78 19.99

3,172 3,512 145,482 66,487

3.39 3.25 6.07 7.00

96,435 3,544,262

63,233 591,740

65.57 16.07

5,314 218,653

5.51 6.17

3,640,697

654,973

17.99

223,967

6.15

Source: India: National Commission for Scheduled Castes and Scheduled Tribes (1996-97 and 1997-98).

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There is also a heavy backlog in almost all institutions. There are 239 Universities (including 12 Central Universities) in the country; 23 per cent of the posts are reserved for Daltis. Accordingly, almost 69,000 individuals should have been employed through the reserved quotas in these universities. However, only 2 per cent of the 23 per cent posts have been filled in . The National commission has expressed its dismay over this sorry state of affairs (India: National commission for Scheduled Castes and Scheduled Tribes, 1997-1998). Moreover, according to the National Sample Survey data, the employment generation rate among Dalits is negligible. With the introduction of the New Economic Policy, there has been ‘jobless growth’ in the country. The government has privatized a number of establishments and intends to transfer the public sector undertakings and also decline in government expenditure and consequent decline in Government jobs will drastically reduce the access of Dalits to employment. It is obvious that economic liberalisaton has only contributed to the increasing disparities between Dalit and Dalit population. The market will exclude that Dalits from entering productive processes (Thorat, 1999). The (so called welfare) Government is withdrawing form its role in providing services such as education, health care, housing and so on, to the Dalits. In fact, the State is required to remain very strong for the development of these people. Therefore, Dalits demand that the State should fulfil its responsibility to protect their interests and bring them into the mainstream. In fact, there is already unequal distribution of job opportunities for Dalits in most government services and public sector undertakings. If this trend continues, it will become very difficult for the Dalits to move ahead in the socio-economic spheres in years to come.

Process of Empowerment It is amply clear that in a changing situation weaker sections would need more support and protection from the State. They would need more stringent application of protective legislations; more and more help and rigorous implementation of the provisions meant for them. Above all, there is a need for better ‘conscientisation’ and ‘politicisation’ of this segment of the underprivileged to fight back the onslaught of globalisation and liberatlisation, which are likely to affect their need of survival and growth. However, issues of development and social justice and therefore, empowerment are not merely matters of State-sponsored schemes or

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programmes; they essentially constitute strength in getting access to and control over social resources. All these schemes will help them to improve their life condition and life chances. In fact, the process of growth with social justice should inspire the members of these sections to rely on selfhelp and utilize all available opportunities to reconstruct their life on a firm footing. What is important is that the State must intervene in a determined fashion with a wide range of measures such as legal and guaranteed reorientation of the law and order machinery, legal literacy and mass mobilization for legal action systematically ensuring minimum needs in the settlement of Dalits genuine outreach of health and literacy programmes and finally breaking the bond between traditional ‘unclean’ occupations and caste. But ultimately what does empowerment mean as far as the Dalits in Indian society are concerned? Empowerment is not a thing or an object but selfhelp. This depends on self-efforts and psychological mobilization of the people- deprived people in this case. It is necessary that individuals must feel empowered to successfully undertake the task of re-fashioning the conditions of their living in a way that emancipates them from hopelessness, passivity and degraded life condition. Empowerment in this connection incorporates attitudinal change and acquisition of material resources. In short empowerment is nothing but state of mind; it reflects self-confidence self-reliance and the determination to fight for one’s rights and interests. This can only be acquired through self-cultivation and sustained through action (Roy, 1999). Empowerment in this context is seen as ways of addressing the problem of rights rather that remain unenforced. It is further seen as a condition or an aspect of capacity building of economic and social capabilities among individuals, classes and communities. The idea of empowerment is a certain theory of social change-from a hierarchial to an egalitarian type of society. It is against this background that the whole issue of empowerment and thereby social development of the weaker sections in India needs to be looked into. It is evident from the growing consciousness among these sections that they have now started asserting vehemently on every form with a view to change the hierarchial structure sustained by the dominant sections of the society. They are now initiators of social transformation and thereby the process of empowerment. The conscious castes and tribes

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have come forward and have started waging protests against the oppressions and multiple deprivations to which they have been subjected to for centuries. It is thorough their political outfits that they are trying to capture political power on the one hand and to change the notion that they are the ‘vote banks’ on the other. They are fighting for their ‘human rights’ and due share in the overall development process. This new awakening has not only provided them with a basis for establishing self-respect, selfdetermination and honour among them but also a means for protesting against the domination of the upper castes and classes in Indian society. It is through their writings and socio-cultural organizations that this segment of society are mobilizing the people to fight for their democratic rights and interests and thereby develop capabilities Hence, in this context, empowerment is to be understood in terms of bringing the Dalits out of their degraded social status, acute poverty and deprivation. In other words, empowerment of the weaker sections means progress in their overall socioeconomic conditions and upward enhancement in their status. Therefore to get empowered Dalits will have to articulate and address their genuine issues in a more organized manner and put pressure on the State to intervene effectively in the future. But empowerment of these sections must be sought within the framework of democratic politics. Therefore the State has a special responsibility to carefully tackle the agenda set by the Dalits and ensure capacity-building in them.

Conclusion In view of the above discussion, it is clear that the focus of development of the Dalits is target-oriented with the result that ‘holistic development‘ or ‘empowerment’ largely remains a missing dimension. As a matter of fact development of Dalits should be conceived as improvement in the overall quality of life. The development of Dalits calls for particular pattern of society, which is characterized by the ideas of liberty, equality and freedom. It is expected that a developed society should provide the individual with the freedom of choice, equality of opportunity and legitimate space in all spheres of life and the chance of mixing freely in society. It was expected that the economic gains made by the dominant sections of our society would trickle down to the bottom layers of the society. But given the structural inequalities and class contradictions the benefits of development have generally remained concentrated in a few

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families/houses and have not tricked down to the vast majority of the people. Notwithstanding some improvements through various programmes Dalits continue to remain backward due to certain persisting problems that they have been facing. Some of the problems of these people have not been handled properly since the last five decades such as human development, acute poverty, unemployment, segregation and atrocities. Tribal communities continue to be backward and vulnerable with problems like land alienation, displacement, poverty and poor health. In order to have genuine development of Dalit, the right approach should be followed. Better coordination and monitoring systems have to be developed at the Central, State, District and Village levels to implement the schemes and programmes for the development of the Dalits. Also there is a need for mechanisms for better delivery systems by the government with transparency and accountability. Non-governmental organizations could play the role of a watchdog for better functioning of the programmes launched for the development of the Daltis. To develop the capacities of Dalits, ‘opportunities’ and ‘space’ in the development process should be provided. The post-reforms period is becoming a traumatic experience for the Dalit community. For a majority of them, it is the earnings from farm labour that sustain them, despite being irregular and minimal. Small land holdings have been the mainstay of livelihood for a minority. From the available data, it clear that both these groups are being drastically affected by the changes introduced in the agricultural sector. Given the fact that a large majority of Dalits lives in rural areas, the future is already becoming bleak for them. Unless urgent measures are introduced, Dalits face the grim prospect of further marginalisation and social exclusion from the national rural and agrarian mainstream. It is needless to mention that the degree of development of Dalits is low on the whole and its nature uneven. The State is therefore required to intervene in the whole process of development of the Dalits.

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Notes 1. D’souza, V.S. 1990, Development planning and structural Inequalities: The Response of the Underprivileged, New Delhi: Sage Publications. 2. Galanter, M. 1997, Pursuing Equality: As assessment of India’s Policy of Compensatory Discrimination for Disadvantaged Groups. In S. Kaviraj (Ed.) Politics in India, Delhi: Oxford University Press. 3. India: Ministry of Human Resource Development, 1993, Education for all: The Indian Scene, New Delhi. 4. India: National commission for Scheduled Castes and Scheduled Tribes 19961997& 1997-1998, Report of the National Commission for Scheduled Castes and Scheduled Tribes (Fourth Report, Volume 1), New Delhi. 5. India: Office of the Registrar General 1991, Census of India, 1991, New Delhi. 6. Jogdand, P.G. (Ed.), 2003, New Economic Policy and Dalits, Jaipur : Rawat Publications. 7. Ram, N. 1995, Beyond Ambedkar: Essays on Dalits in India, New Delhi: HarAnand Publications. 8. Rostow, W.W. 1960, The Stages of Economic Growth: A Non-Communist Manifesto, Cambridge: Cambridge University Press. 9. Roy, R. 1998, Dalit’s Development and Democracy, Delhi: Shilpa Publications. 10. Sharma, S.S. (Ed.) 1996, Development: Socio-Cultural Dimensions, Jaipur: Rawat Publications. 11. Thorat, S.K. 1997, Social Security in Unorganized Sector in India: How Secure are the Scheduled Castes, The Indian Journal of Labour Economics 42 (3). 12. Thorat, S. K., Aryama and Negi, P. (Eds.) 2005, Reservation and Private Sector: Quest for Equal Opportunity and Growth, Jaipur: Rawat Publications. 13. Teltumbde, A. 2003, Globalisation and Education for the Dalits: A Perspective for the Future, In P.G. Jogdand and S.M. Michael (Eds.), Globalisation and Social Movements : Struggle for a humane Society, Jaipur: Rawat Publications.

CHAPTER ELEVEN LOCATING DALIT WOMEN IN WOMEN’S AND DALIT MOVEMENTS SMITA PATIL

In order to understand Dalit feminism, it is necessary to look at both the women’s and Dalit movements, particularly in the post-Independence period, for two reasons. First, the Dalit feminism originated in response to the stance adopted by both the women’s movement and the Dalit movement with respect to Dalit women. Second, it should reveal to us whether the two movements dealt with the issues of Dalit women and, if they did, what was the perspective and approach that they adopted towards Dalit women. Therefore, in this chapter, we first look at the development and thrust of the women’s movement and then of the Dalit movement. According to Jayawardena, feminism and movements for uniformity emancipation are distinguished from each other. It includes protest for equal rights, in political, and economic sphere and restructures the legal equality in the active discrimination against women in it. Moreover, feminism did not undertake the fundamental question of women’s subordination in the family nor did it confront question in existing economic and political system.1 Thus, looking at the women’s movement in India during the nineteenth century, the question of women becomes visibly larger in Europe as well as India with the concepts of modernity. And the question of women was challenged within the framework of these two concepts of tradition and modernity. Especially in the context of women, the British writers like J.S.Mill through the ‘History of British India’ condemned Indian religions, culture, and society for their rules and customs and gave an analysis to criticise society in terms of the position of women.2 Even though centuries before Muslim dynasties conquered India, the British were perhaps the first

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different outsiders who brought to India a new religion and a new way of organizing power relations. Thus, a number of Christian Missionaries landed up in India and revealed on the status of Indian women too.3 The status of women in India had been varied across region at different historical periods of the country. ‘There were numerous variations depending on class, religion and ethnicity’.4 The Indians’ responses in this context were more in the nature of tradition in combination with modernity.5 It becomes significant for emerging views of self-identity with a growing tendency to understand the nature of human lives in terms of their configuration embodied. Historian, Rajat K. Ray explains that Bengal Renaissance and intellectuals in India were reviving the past and appealing in new rational activity.6 They accepted the combination of western and Indian culture and through it, tried to look at the ideology that redefined gender relations.7 Criticizing these ideas Radha Kumar says that British administrators, while ignoring discriminations against women in their own country, concentred only on the Indian issues concerning gender inequality. Several intellectuals say that some of the Indian intellectuals admire their own culture conduct of women or evaluate the conditions of Indian women campare with those of European women and concluded that females in both countries undergone through hardships.8 Thus, in Indian society which accepts women’s subordinations with the considerations of social evil emphasis on female educations as a tool of women’s emancipation. But some reformers such as Ram Mohan Roy, Pandit Vidyasagar, Swami Dayananda Saraswati and many others who were trained in Hindu religions rigid characteristic and saw India as getting better from a dark age stimulated and inclined towards Western ideas, that also acquainted with their own traditions but also refuted the positions and claims that the Muslim dynasties were unsafe for women and promoted child marriage, prohibited widow marriages, seclusion, and restricted female education.9 ‘Social reformers accepted the liberal values of western education. The fact is that missionaries, Christian activists were also a kind of threat to them where the Hindu religion posed as a medium of evil customs.’10 And one can say that it might be a possibility, they were modifying themselves to bring the change. Thus, the entire social reform movement and Nationalist movement were patriarchal in the context of gender equality. Uma Chakravarti has argued that contemporary women’s insight of the past “has led to a narrow and limiting circle in which the image of Indian

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womanhood had become both a shackle and a rhetorical device that nevertheless functions as a historical truth”.11 Traditional education was a common phenomena among the upper caste/class Hindu and Muslims women but the lower caste/class women were underprivileged in this regard. 12 Thus, one can say that historical background of women’s movement in India begins from the 19th century itself with the impact of western and colonial power. And thus the process of traditional modernity instigates in search of new question and answers. The Britishers came to India and promoted English education.13 But bourgeois society and upper caste people have dominated the entire process of education. In other words, the entire project of self-identity was hegemonised by the upper caste elites. As High Caste/Hindu women started asserting in the early 20th century, many women came out and established independent autonomous organizations related to women’s issues such as education etc. Women like Tarabai Shinde, Anandibai Joshi, and Pandita Ramabai challenged the religious patriarchy of the society14 and developed the process of selfconsciousness but marginalized the lower caste women. In Bengal and Maharashtra, reformers were very active in attacking Brahminical hegemony and its construction of society based on Hindu social order. Phule in Maharashtra (a non-Brahman), was the first who raised voice as a social reformer and brought up the women’s question from private domain to public domain. For example he tried to start a ‘home’ in which unmarried women and widows could give birth to illegitimate children secretly and also started a school for Dalit girls.15 However, he too failed to address the plight of Dalit women specifically. Forbes gives an analysis of the male social reformers like Raja Ram Mohan Roy, Iswar Chandra Vidyasagar, and Justice Ranade and so on and said that they have taken up various issues like sati abolition, widow remarriage, child marriage but none of them talked about liberation of women or gender justice.16 Thus Sati, Child marriage and so on were also the forms of caste and patriarchal domination to maintain the property, hierarchy within private sphere in the society. On the other hand, some male reformer like Iswer Chandra Vidyasagar really contributed to eradicate the evils and tried to provide a space for women in a real way. He realized the hardship of a widow’s rigid customs and obligations on women. He raised the campaign on remarriages of

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widows and collected about a thousand signatures. He sent this petition of remarriage to Indian legislative Council. And finally, the Hindu Widow Remarriages Act was passed in 1856.17 But again when the sexuality of upper caste widows manipulated when the cases of pregnancy were highlighted. Specially in 1881 at Surat, Vijaylakakshmi (a young Brahmin) a woman was trapped while killing her illegitimate child. And during this time Tarabai Shinde wrote Stri-Purusha–Tulane.18 The booklet while comparing men and women, pointed out that faults commonly ascribed to women, such as superstition, suspicion, treachery and insolence could be found ever more commonly in men.19 Thus, one can say that it has given shape to new ideas of feminist perspectives. The British promoted education of women and definitely gave a certain amount of dignity to Indian women as Rakhamabai’s case illustrates in Bombay in 1887. Rakhamabai married at the age of eleven to Dadaji Bhikaji. But, she stayed at her parent’s home to educate herself. Her husband asked her to come and reside with him. She refused to live with him, then He sued her for compensation of conjugal rights. Though Rakamabai won the case, he applied to the court again and the court finally ordered her to reside with him or go to the prisons.20 Later on this debate leads towards to the age of marriages, remarriage, and widow marriages,21 and Child marriage (Sarda Act) reforms. Thus, one can say that female sexuality and other issues were publicly debated but controlled by the male social reformers. Since than, women in India, during the late nineteenth and early twentieth centuries, gradually started describing their interests, and taking action for their devolvement in political measurement. They shaped their own links, discussed the women’s issues and founded a stable organization for women. Saraladevi Chaudhurani crucially debated women’s issues in the women’s meetings held in Indian National Social Conference, Women’s associations and declared independent women’s organizations. After World War I, three major recognised organizations Women’s Indian Association (WIA), the National Council of Women in India (NCWI) and the All-India Women’s Conference (AIWC) emerged between 1917 and 1927.22 Later on, there are evidences of women’s participation in the making of Nation state such as in the Congress, CPI (M) and so on. In 1940, the women’s movement was engaged in an effort for independence in such a way that the issue of women’s liberation appeared to have been resolved.

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The constitution of India has given equal rights to women and equal entity in right to property, right to divorce, maintenance and inheritance acts through Hindu code bill, though it was implemented after a long discussion between Dr.Ambedkar and other conservative leaders.23 It was indeed a grand victory for safeguarding women’s rights. One can say that Dr.Ambedkar was the first one who attacked the Manusmrit and this shows that how was responsible for the degradation of this attack women. He answered it with providing the ‘Hindu Code Bill’.24 But if we evaluate women’s movement it has never even given space to Ambedkar for his reforms. The period of mid-1960s and onwards, the undeveloped women’s question was witnessed an emergence of wider socio-political movements.25 This was a time when poverty and unemployment were common issues especially because it designed development (in both the manufacturing and agricultural sectors) had engendered a number of inconsistencies of from its own conduct.26 It was the era when a number of social movements challenged the state everywhere in India and particularly in Maharashtra, because women were more marginalized, more helpless, and therefore, most severely affected. It is not the class and caste issues but gender itself has been guarded in many movements as a part of patriarchal forms. for example in the Land reforms, sharecroppers, (peasant) etc, taken up by Kisan Sabhas, Telangana movement whereby the contribution of women was chief but over a period women were seen as a ‘problem’27 in revolutionary movement-women were never indulgence with inequality. However, the seventies also saw the movement, particularly in urban India. At a different level, the gender questions that were raised acknowledged a many-sided analysis of women’s subjugation, especially of the caste and class basis of oppression, For example, the custodial Rape Cases as Mathura/ Tukaram (1978); Rameeza Bee case in Hyderabad (1976), Maya Tyagi Case (1980) and dowary deaths was burning news. Demonstrations were organised throughout the nation regarding specific incidents. Issue-based groups were formed. Forums like the Forum Against Rape (now called the Forum Against Oppression of Women) was set up in Mumbai in 1981.The Progressive Organisation of Women (POW), influenced by the Maoist women, also came forward in that movement. Besides that, the urban woman has taken up issues like

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alcoholism, spouse abuse, wife beating as subordination of women and sexual harassment and formulated a number of autonomous organizations.28 Many disintegrated women’s groups have constantly raised their voice against different forms of violence including women’s health, the depressing things of certain family planning measures objective, women’s work, wages and employment circumstances, and have been, to an extent, successful in shaping women’s legal rights and legal reform significantly.29 As Kishwar rightly stated ‘From the mid 1970s onwards, small women’s groups have been emerging in metropolitan centres, and more recently even in smaller towns and cities. These groups are very heterogeneous in nature.’ 30 She, however talked about the hegemonic authority of the upper and middle peasant caste groups, their established family composition, and landholding sample with special acceptance of village hierarchal lower groups. The root causes of power with patriarchy are seen into the aspects of customary seclusion and alienation of women from agricultural sector, in which the higher family woman carries an entirely different social status. On the other hand, the lesser value attributed to women’s lives and labour is strongly linked to women in gathers, separation and dependence in agriculture sector. The seventies onwards was the era in which the different women’s groups were considered for academic discourses.31 The Committee on the Status of Women in India (CSWI) emerged and submitted its report ‘Towards Equality’ in 1974. It indicated the beginnings of women’s studies in academies. It entirely highlighted the vision on Indian women’s questions and movement. It pointed out how the state mechanisms failed to address poor /rural women despite being three decades of planned development. It questions about the declining sex ratio, rising gender gaps in life expectancy, mortality, and emphasis on economic contribution and representing definite policy directions. 32 ‘There is always a tendency to look at the sex identity as a basic and common, cross-culturally, in power context. It is also true to historical uprooted in societies.’ As rightly stated by Jogdand that the Indian women’s movement which began as new social movement in the first stage women’s rights and second stages prominence on women emancipation and self-governance with wider range of issues like violence in public and private spheres that carries the ‘consciousness raising

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process’ but definitely the Dalit women’s repression stay behind as out of sight.33 The Shah Bano case was the first case, which was challenged, in the identical political scenario rather than given a dimension to the entire marginal women’s voices. ‘By the time of Shah Bano judgement, it had become increasingly clear that in every way in which the nation was being constituted by dominant discourses, the powerless and the marginal were being defined out of its boundaries’.34 The 1990s has been a spectator to the rise of numerous new forces like fundamentalism, economic liberalization, communalism and casteism. For Indian feminism , these developments were how essential that imposed to define itself a new perspective and causes the more complicated due to the diverse type of identity politics in which religious, caste and economic groups have been involved.35 As John argues, “…Shifts in the locus of control over resources and find new strategic points of intervention implied by the decentralization process, liberalization and increasing integration into the global economy, increasing reliance on market mechanism and the growth of nongovernment conflicts between different women will also need to be addressed, in a climate of rising caste and communal tensions and increasing socio-economic inequality.’36 Though the constitution of India, after independence gives equal opportunities for all minorities it made separate safeguards in the cultural rights and political rights. It protects these communities (SC & ST and others) in a democratic way and gives them recognition as citizens of India.37 But from the very beginning, from 1955, onwards the personal laws were seen as continuing obstacles. The women’s movement in particularly needs to face with difficulties deciding upon the gender justice issue.38 The issue of Uniform Civil Code (UCC) is an appealing and complex issue in nature and in problematic for women’s movement. The CSWI in its report had said that the absence of a UCC in the last quarter of the twentieth century, twenty-seven years after independence, was an incongruity that could not be justified with all the emphasis placed on secularism, science and modernism. The continuance of various personal laws, which accept discrimination between men and women, not only violate fundamental rights, but are also against the spirit of national integration and secularism. 39

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Even though the issue of enactment of a Uniform Civil Code had surfaced time and again, it was pressed on to public opinion most forcefully after the Supreme Court judgment in the Shah Bano case. Legally, the issue before the court in that case was whether a woman could be denied maintenance simply on the ground of religious differences when the criminal law of the land laid down that a woman without independent means of sustenance was entitled to be maintained by her husband until she remarried.40 The Supreme Court decision with respect to the substantive legal issue in the case was unexceptionable. It decided that a woman quite irrespective of her belief or religious persuasion was entitled to be maintained by her former husband if she had no viable means of sustenance. What drew the judgement in the realm of controversy was that the court prefaced the decision on the legal dimension of the case with an obita dicta calling upon the state to enact a uniform civil code. What is interesting from our viewpoint is that the obita dicta guided not by considerations of gender justice but was couched in terms of nationalism and promotion of national unity. This evidently aroused Muslim sensibilities, which subsequently brought pressure on the state to exempt them from the provisions under criminal law.41 Until the time of the Shah Bano judgement and for some time thereafter, the feminist movement was solidly in favour of enactment of a Uniform Civil Code. Once, however, the advocacy of the Uniform Civil Code was taken up by right-wing Hindu communal forces, the women’s movement had to rethink the entire issue of supporting the enactment of Uniform Civil Code afresh because supporting it amounted to lending support to communal forces.42 From then on, the women’s movement developed divergent voices on the question of enactment of Uniform Civil Code. Most group felt that there was need to move in the direction of advancing gender justice through increased legislative activity. They abandoned their advocacy of the Uniform Civil Code. They began, instead to advocate a series of enabling legislations, which would advance gender justice without targeting any particular community or its personal laws. 43 Another important issue constantly debated in the women’s movement is the women’s reservation bill (WRB). It first came into play as the 81st Amendment Bill in 1996. It proposes to reserve 33% seats in the parliament for women.44 The debate is still a motivating phenomenon and two dimensions have been discussed, one that is in favour of reservations includes some political parties. Where their basic characteristics are patriarchal, they are interested in supporting women candidates. They carry impressions that once the number of women increases in parliament,

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it is easy to form a lobby, which can then act according their convenience. They also argue that more women in parliament may change the direction of policy. The other side of the story encounters it negatively. It would be contested oppose to the principle of equality in constitutions. Women can’t associate with socially backward communities because within society, women can’t be considered as a homogeneous set.45 One cannot segregate women’s interests from economic, social, and political strata or communities to which they belong. And similar pressure lead from the other groups, communities than it directly posed a threat to national integrity. The CSWI strongly supported the rural women upliftment and recommended the setting of the constitutional women Panchayats. It rejected the reservation of seats for women in parliaments including state assemblies.46 Different political parties and groups have different positions. The left party talks about reservation along with the affirmative actions. The BJP, Ladies such as Sushma Swaraj and Uma Bharati (herself from backward caste) are in favour of this bill but within them a major fragmentation can be seen. as Bharati denies the quota for Muslim women. On the other hand, Mayawati of BSP reflects on 50% reservations of women and within that demands for the separate reservations for backward caste and minority women.47 Several scholars have different interpretations over this issue. Gail Omvedt and Shetkari Mahila Aghadi (SMA) argue that WRB is pushed forward by the upper caste feminists in opposition to the OBC male members in society. Thus, they insisted on the major focus on Panchayati elections and its reservations. Madhu Kishwar supports SMA in different ways.48 Exploring from traditional background, till now the entire country has hegemony of males in parties, politics, public opinion and divergent women’s notion of equality. The laws are easily passed in the Indian constitution but the entire society is patriarchal. This leads to the notion of inequality. The quota system will improve the socio-economic and political standing of women and ensure the positive representation of women’s apprehension in political, developmental and decision-making forums. However, when dealt with the question of Dalits and other minorities’ women, it would still remains questionable.49 With respect to the OBCs, it is complicated to accept women as representatives of political identities, because in Indian politics, caste, class and religious identities exist with gender identifications. Especially

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The Anti-Mandal incidence in which the upper caste women protested against the reservations for women and express the anger of not securing the jobs for the male members from their community further claims that it will destroy the future of their children. But today, the agitations of the similar upper caste women for reservation in parliament and state assembly are surprising.50 And it would be clear from the past evidences that even if the reservation bill is passed rather than defined as Kishwar says, it leads to the proxy and caste discriminations.51 Thus, the argument of Sangari and Vaid shows that ‘the descriptions and management of gender and female sexuality is involved in the maintenance and reproduction of social equality.’ 52 One can build the same argument addressing the problems of communalism and women in which the question of Hindutva agenda is taken forward by the Hindu women. Many scholars argue that women are carriers of culture.53 In the present context, rape of a particular woman is a tool that is used to undignified the other community. Earlier, when the women’s movement raised such questions, it used to be collective voice. But today women are mobilizing their own community member’s raising the new ‘rape culture’. 54 According to Vina Muzumdar and Agnihotri, the statues of women committee itself drew attention to the multiple diversity with specific focus on the cultural, religious, societal approaches on gender in India. The committee seriously raised the questions on the development and transformation with special regard but uncared for the real differences of caste, class, and ethnic history.55 Many scholars argue that these debates between caste and gender with patriarchy and within women’s groups lead to different analysis. Many scholars that the women’s movement itself was caste dominated and led by the bourgeois women have pointed it out. Gail Omvedt also argues that the elite women dominated the feminist discourse. “. . . bourgeois ideology within the women’s movement continues to argue for limited ‘equals right’ without challenging either society itself or the sexual division of labour and the family structure which oppress women” 56 Thus one can say that the women’s movement are also responsible for promoting a space for patriarchy because the authority was held by these women like their counterparts to maintain the structural hegemony in the society. We can also say that the entire women’s movements perhaps were

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the Brahmanical movement and knowly drop out the Dalit and other marginal women from feminist discourses. Thus one can say that the women’s movements are failure to appeal the caste issues in the context of sisterhood. Dalit movement itself was patriarchal and never shows any sensibility on Dalit women regarding her caste subjugation. Thus looking at the Hindu religion in new perspectives the so-called ‘upper caste’ women play a role to control and gain the power in the society. As rightly stated by Jogdand that the Indian women’s movement which began as new social movement in the first stage, women’s rights and second stages prominence on women emancipation and self-governance with wider rang of issues like violence in public and private sphere that carries the ‘consciousness raising process’ but definitely the Dalit women’s repression stay behind as a out of sight.57 Today, when we discussed Dalit women’s issues and problems, it is necessary to focus on the historical assertive project of Ambedkarite movement in Maharashtra. Ambedkarite movement played an important role to provide a certain position to Dalit women because it was highly inspired with Dr. Ambedkers ideology. The non-Brahmin movements have, to an extent taken up the issues of Dalits but except Phule nobody has raised the questions of Dalit women.58 The Satysodhkass, Jalsas, Tamasas of Phule, contributed59 a little but it was a failure to raise the kind of assertions, which Ambedkarite movement leads successfully. One cannot ignore the parallel Dalit social reformist movement (as called as Mahar movement in the view of Zelliot) that cultivated the value of Jotirao Phule and equally put his efforts to recognize the Dalit women’s issues. For Example, people like Shivaram Janba Kamble through his magazine ’Somvanshi Mitra’ addressed social, religious and economic issues.60 He pointed out the plight of Dalit women specially Devadasi, Murali, and Jogin and asked them not to perform these professions. Responding to him Shivubai, who herself was a murali replied to him that the parents and the community itself were responsible for making the girl murali. And instated of criticizing women, some concrete solution should be found out. After this moment Shivaram Janba Kamble and others started a movement in which they tried their level best to break these evils and re-habilitate them.61 Thus, from her conversation one can understand that Dalit women were aware of the fact that not only society but also the families are equally responsible for the exploitation of Dalit women. The

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other reformers like Vithoba Munpade, Kisan Baguji Bansode, Kalicharan Nangawali and many others contributed to the emancipation of Dalit women. They established the consciousness process among Dalits and Dalit women too. Nangawai established the first girl school called ‘Putri School’ for Dalit girls in Vidharba region.62 Though the Mahar movement has given recongnition to Dalit women but like the colonial Indian social reformer, the entire Dalit social reformers monopolized this movement with patriarchal dominance (of Dalit male.)And like the elites social reformers in India the colonial upper caste/class educated elite women such as Pandita Rambai, Tarabai Shinde, Anandibai Joshi and many others never understood pain and agony of Dalit women. Thus, they never given a serious thought over the entity called Dalit women. The Ambedkarite movement was different and unique one, which organised Dalit women for the first time in the history of Dalits. This movement saw an independent assertion by Dalit women and shaped their conscious. Dr. Babashab Ambedkar himself acknowledged the potential of women in general and Dalit women in particular and addressed Dalit women asking them to join him in the struggle to eradicate untouchabality.63 Moon mentioned how Hinduism is responsible for degrading women’s status. For example, during Manusmiriti burning day, he said to all women that men and women are equal. Whatever men can contribute to society, even women can contribute it is the duty of Dalit women to eliminate untouchability.64 Addressing the questions of untouchables, he raised some questions for Dalit women. “You have given birth to us, but did you ever think that we have been treated so badly that even animals are in a better position than us?. We have been treated in a pathetic way everywhere. In many places, we can’t even apply for jobs and our shadows are considered impure. Despite knowing these facts, why did you all give birth to us.65 In this meeting, the upper caste women also participated. “But you have to think seriously that what is the difference between ‘we’ as Dalit women and ‘they’ as Hindu women?”66 “You are more courageous, confident, and assertive than them. Then why is a child, born to a Brahmin woman’s womb socially accepted? And a child born to your womb (as Dalit), unaccepted? He does not even have basic human rights but you have never given serious thought over it”.67

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A number of incidents show us that in the Ambedkarite movement, Dalit women practically raised educational, cultural and social issues for themselves. Thus by doing so, they thus, tried to create a space for themselves. In the social arena, a number of Dalit women activity participated in the struggle of Kalaram temple, Mahad Satygragha, Munusmiriti burning programmes, opposition of Pune pact procession including various other social evils in the society.68 Though Dalit women were not that much educated as the colonial, elites, upper (class/caste) women, the moment they realized inequality, untouchabalities or discriminations. They began to develop ideas on how to remove them. For example, in 1933, Vanutai Batkar, not a highly educated Dalit woman, expressed her views in the public meeting and shared her feelings and experiences.69 She said that when girl goes to school, she had been question, about her belongingness (as castewise) that distinguishes on based of caste. In the villages, landlords are the husbands of Dalit women. (Here she wants to explain that the landlords control sexuality of Dalit Women). By profession she was a Nurse and when she did not get a job, she was pressurized convert to Christianity. But she refused these ideas herself and raised her voice. ‘I will never leave my caste identity rather I will fight back or assert to improve the status of my caste.’70 From her statement, one can clearly postulate that Dalit women were conscious about the caste and gender and questioned patriarchal values in the larger society, specifically in the context of Dalit women. In many speeches, they emphasize the need for education of Dalit girls with a vision that if the girls would be educated, then they will create a confident, independent generation with a notion of good society. Jaibai Chaudhari established a school in 1924 at Nagpur for Dalit girls with provisions of hostel facilities.71 In this agitation (protest against untouchabality), they constantly kept fighting. Paravatibai is a case in point who, while fetching water from a common well, experienced untouchabality and protested independently. Today (the word) ‘Jaibhim’ is the symbol of Dalits, culture and Dalits pronounce it without any hesitation. But when, in the Ambedkarite movement, Sonabai, a fifty years old Dalit lady pronounced it, the Hindu

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gundas had beaten her up.72 Thus, from this example one can clearly say that Dalit women were also affirm for her cultural space. The Dalit women during that time participated or mobilized in large numbers in the celebration of Dr.Ambedkar’s birthday. They many times independently organized Sabhas in which various types of activities took place such as procession of Dr. Ambedkars portrait, distribution of toys for children, and various competitions that includes the entire life and mission of Dr. Ambedkar’s social and political speeches.73 Through song, singing and talk, they generated the impression of cultural forms and tries to pay attention on health, hygiene, cleanness, and superstitions. In 1938, at Bombay, a Dalit Mandal was established in which they came out with a manifesto for Dalit women such as, Dalit women will handle an independent movement in society and take its responsibility. Then only Dalit women would realize their position in society. Women should become members of ‘Independent Majdoor Paksha’ (Majdoor Party) and mobilized other women to join it.74 To bring a number of young Dalit women in public activities, the generation gap problems between new/old women must be amicably solved or filled up through discussion process. The uneducated women should leave their shy nature and confidently participate in the speeches. To educate the Dalit girl, financial assistance must be provided.75 Thus, from this agenda, we can say that Dalit women were extremely aware of Dalit consciousness with the comparison of larger society. Under Independent Majdoor Paksha, a ‘Samata Sainik Dal’ founded a women’s wing that devotedly worked for ameliorating the status of Dalit women. In which a number of Dalit women contributed to Samata Sainik Dal and spread up it’s networking in many villages.76 The upper class/caste Hindu Women never saw a Dalit woman from the perspective of a woman. Instead, they only created major problems for them while pursuing their activities. In 1938 in Nagpur, when the Akhil Bharatiya Mahila Sabha conducted the meeting Brahman and other Hindu caste women did not allow Dalit women like Jaibai and others to share a common dinning in it as she was an “untouchable”.77 Replying to this humiliating incident, Anjanabai Desbhratar and Sakhubai Meshram came out with declarations of a night school for Dalit girls and asked them to fight for self-respect, dignity and be self-dependent. The main feature in it was again emphasis on education. General secretary

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Indirabai Patil in her speech said ‘campared to men we, Dalit women are very backward in education.” The progress of society would face obstacles unless we should parallel help the men. That is why, we must fight for education of Dalit women.78 The 1942 Dalit Mahila Federation was the landmark in history. In this Federation, a number of Dalit Women were organized from many places. They accepted Dr. Ambedkar as their leader and Santabai Dani was elected as a District President of Scheduled Caste Federations in Nasik.79 Later on, a second conference of Scheduled Caste Federations was held in 1944 at Kanpur in which a number of Dalit women participated. The third Scheduled Caste Federation was held at Bombay where the President was Minambal Shivraj.80 But still the Dalit women failed to attain the status of an independent entity in the area of politics. The post-Ambedkarite era was looking forward to be stabilised with the political ideology given by Dr. Ambedkar. In which the major emphasis was on Independent party of Scheduled Caste people. Where the issues of scheduled caste should be widely discussed for their progress. In this context the RPI (Republican party of India, which was earlier known as Scheduled Caste Federation) has decided to remain the non-communal party which can keep a watch on social and economical the issue of untouchabality.81 But after Dr. Ambedkar’s death, there was lack of leadership and it split first time on policy issues. As Gaikwad group challenged by Kamble group. It is not that representation of Dalit women was not there in those groups. For example, Shantabai Dani, joined Scheduled Caste Federation (SSF) in 1945, organized the Dalit Women’s conference. As, Gokhale says. ‘Due to her sex, Shantabai endured great hardship in her activities as a party worker, particularly in rural areas.82 She was very active member, who also contributed, participated in the Bhumiheen (Landless) Satyagraha of 1950s, and also became the member of Maharashtra Legislative Assembly (MLA) (1968-1974) and held various prestigious position.83 But representations of Dalit women became almost marginalized. On these two groups had very often biases over many issues that led to decline of the int RPI many fragmens with so. Scholars like Dietrich argue that Dalit leaders have used Dalit women into gender hold them back their patriarchal interests, for example harassment of Dalit women. And thus the consequence very often remains same in which, Dalit women possibly finish up twice84 and deserted within and without the support from the women’s movement. As Bhagwat also noticed “dalit polities also look at the issues of empowerment of women as non-issues. Women in dalit politics figure only in number and are caught

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in a trap of ‘our women’ framework. This results into further marginalisation of dalit women” 85 Thus one can also say that the Mahar-Buddhist community (this terminology used by Gokhle, Zelliot) in Maharashtra was failure to recognize a true leadership and equally never rhetoric at Dalit women’ problems. According to Gokhale, the emergence of Dalit Panther movement begins when RPI was unsuccessful to speak about the caste, class difference among the masses in these lower middle classes strata of Dalit community.86 When Dalit Panther started from the early 1970s in Maharashtra and it was the rigid period of social dissatisfaction and economic travail in this state. The state was enclosed with number of problems like job market, strikes surrounded and demonstration 1972-1973. It hand out up starvation occurred and totally disturbs the youth.87 These Mahar-Buddhist village boys were facing a major problem challenged radically the entire system with this belief that it may be the only solution to remove the poverty and oppression, untouchabality and caste discrimination. (Especially the students from village visualized the radicalisation of politics may be the solution.) In the beginning Namdev Dhasal and Dhale-were the militant activist in 1973. They established a distinct political identity (separate from RPI) named Dalit Panther on 15th August as a black Independence day. It was almost the same era that the parties like Shiv Sena emerged. 88 In the panther movement the two incidences the B.D.D. rioter (Bombay district Development) and the Aurangabad and Sangali incidents provide the insights as the beginning of the panther as political force. In both of these cases the major atrocities on the untouchables leds towards the riots. The beginning of socio- economic appearance with the atrocities, indifference of political parties of youth and cultural conflicts with other militant movement (like E.V. Ramaswamy Naicker (Periyar), who led an anti-Aryan movement in Tamilnadu, influenced the young educated and the economic political crisis where the Naxalite movement had emerged on the basis of radical communist ideology.) including the counter movements like Shiv Sena urban middle class which failed to adders the caste issues were responsible for the emergence of Dalit Panthers. And

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the ideologies of socialist and Marxist-Leninist into the minds of Dalits try to relate Ambedkar’s ideologies with Marxism.89 Thus, criticism on Hinduism was equally responsible for the emergence of Dalit Panther movements. P.G. Jogdand argues that Dalit Panther movement did not lift up the plight of Dalit women. But we must recognise that in the earlier stages they raised the question of atrocities on Dalit including the question of rape on Dalit women. For example, In May 1972, in Brahmangaon in Parbhani, two Scheduled Caste women were assaulted by high caste Hindus and were stripped of their cloths because they had drawn water from a well belonging to caste Hindus.90 But when the centrality of issues changes then it actually taken a diverse shape. Male members in Panther movement formulated many questions like poverty, literacy employment and so on as the entire Dalit Panther movement was hegemonised by male members. It is true that like any other social movement there were no participation or the representation of Dalit women into Dalit Panther movement and did not address the Dalit women’s concern seriously. This brings us to the conclusion that the women’s movement as well as Dalit movement are a big failure to see gender equality in the context of the Dalit women, otherwise in the public sphere Dalit women might have achieved a certain autonomy.

Notes 1. Kumari Jayawardena, “Feminism and Nationalism in the third world in the 19th and early 20th century,” Institute of Social Studies, 1982, The Hegue, p.1-5. 2. Cited in Geraldine Forbes, “The New History of India: Women in Modern India,” Cambridge University Press, 1996, p.13. 3. Ibid. 4. Kumari Jayawardena, “Feminism and Nationalism in the third world in the 19th and early 20th century,” Institute of Social Studies, 1981, The Hague, p. 80. 5. Radha Kumar, “The History of Doing,” Verso, 1993, p.1-5. 6. Geraldine Forbes, “The New History of India: Women in Modern India,” Cambridge University Press, 1996, p.14. 7. Partha Chatterjee, “The Nationalist Resolution of the women’s Question,” Recasting Women’ (eds.), Kumkum Sangari and Sudesh Vaid, Kali for Women, 1989,pp 233-53. 8. Radha Kumar, “The History of Doing,” Verso, 1993, p.14. 9. Geraldine Forbes, “The New History of India: Women in Modern India,” Cambridge University Press, 1996, p. 12.

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10. Kumari Jayawardena, “Feminism and Nationalism in the third world in the 19th and early 20th century,” Institute of Social Studies, The Hegue, 1982,p.80. 11. Cited in Geraldine Forbes, “The New History of India: Women in Modern India” Cambridge University Press, 1996,p.36. 12. Ibid. 13. Ibid. 14. Uma Chakravarti, “Rewriting History: The life and time of Pandita Ramabai,” Kali for Women, 1998. p. 77 15. Rosalind O’Hanlon, “Caste, Conflict and Ideology: Mahatama Jotrirao Phule and Low Caste Protest in nineteenth Century Western India,” Cambridge, university press, 1985, p. 119. 16. Geraldine Forbes, “The New History of India: Women in Modern India,” Cambridge University Press, 1996, p.19-21. 17. Rosalind O’Hanlon, “Issues of Widowhood: Gender and Resistance in Colonial Western India,” Contesting Power: Resistance and Everyday Social Relations in South Asia, ed. Douglas Haynes, OUP, 1991, pp 62-108. 18. Tarabai Shinde, Stri-Purush Tulana, Poona, 1882, tra. by Rosalind O’Hanlon, A Comparison Between Women and Men: Tarabai Shinde and the Critique of Gender Relations in Colonial India 19. Ibid. 20. Uma Chakravarti, “Rewriting History: The life and time of Pandita Ramabai,” Kali for Women, 1998, p. 138-74. 21. Geraldine Forbes, “The New History of India: Women in Modern India,” Cambridge University Press, 1996,p. 22. Ibid, pg,72. 23. Ibid, pg,97. 24. Kumud Pawade’s “Indian Constitution and Women’s freedom.” ed. by Minakashi Moon in ‘Phule Ambedkari Stree Chalval,’ Samata Prakashin, pg 29,2002. 25. Lakshmi Lingam, ‘Taking Stock, “ Social Movement and the State,” (edt), Ghanshyam Shah, Sage publication,pp.311-459, 2002. 26. Ibid. 27. Mira Savara and Sujata Ghotoskar, ‘An Assertion of Woman power’ in Madhu Kishwar and Ruth Vanita (eds) “In Search of Answers: Indian Women’s Voices from Manushi,” Zed Books,p.135. 28. Madhu Kishwar and Ruth Vanita, (ed) “In Search of Answers: Indian women’s voices from Manushi,” Zed books, p.31. 29. Ibid 30. Ibid 31. Kukum Sangari and Sudesh Vaid, (ed), “Recasting Women,” pp. 1-26,Kali for Women,1999. 32. “Towards Equality Report,” (Government of India),1974. 33. Nividita Menon, “Gender and Polities”, Kali for women, p. 253, The Legal Committee of Angnivesh, “Is Gender Justice only a Legal Issues? Political stakes in UCC Debate”, P. 454.

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34. Vasanthi Raman, “The Women’s Question in Contemporary Indian Politics” in Asian Centre for Women’s Studies, AJWS, Vol. 7 No. 2, pp. 39-71. 35. ibid. 36. “Marry John and Janaki Nair (ed)”, “A Question of Silence: The sexual economics of modern India”, Kali for women, p. 137. 37. Vasanthi Raman, “The Women’s Question in Contemporary Indian Politics” in Asian Centre for Women’s Studies, AJWS, Vol. 7 No. 2, pp. 39-71. 38. Towards Equality Report, (Government of India),1974. 39. Ibid, p.142. 40. Kumkum Sangari, “Politics of Diversity,” 1995, p. 3287. 41. Ibid 42. Zoya Hassan, (ed),“Forging Identities Gender, Communities and State”, 1994, Introduction, 58-73. 43. Vasanthi Raman,“The Women’s Question in Contemporary Indian Politics”, Asian Centre for Women’s Studies, AJWS, Vol. 7 No. 2, pp 39-71. 44. Nividita Menon,“Elusive‘Woman’: Feminism and Women’s Reservation Bill,” pp.3835-44,2000. 45. Ibid. 46. Towards Equality Report, (Government of India), 1974. 47. Nividita Menon,”Elusive ‘Woman: Feminism and Women’s Reservation Bill,”pp.3837, 2000. 48. Ibid. 49. Vasanti Raman, “Women’s Reservations and Democratisation. An Alternative Perspective” pp. 3495-95. 50. Cited in Dietrich, pp.73-93 and Tharu 51. Madhu Kishwar, “Women and Politics: Beyond Quotas,” p.2867. 52. Kukum Sangari and Sudesh Vaid, (eds), “Recasting Women,” Kali for Women pg. 5. 53. Ibid, p.1-26. 54. Upendra Baxi, “The Second Gujarat Catastrophe,” 2002,pp. 3519-31. 55. Vina Mazumdar and Indu Agnihotri, “Changing Terms of Political Discourse: Women’s Movement in India, 1970s-1990s,” p.1869. 56. Gail Omvedt, “Women and Struggle: A Report of Nari Mukti Sangarsh Sammalan,”Patna, 1989. 57. P.G.Jogdand, (ed), “Dalit Women in India, ”Gyan publication, p.xii,1991. 58. Gail Omvedt, “Cultural Revolt in a Colonial Society: The Non –Brahman Movement in Western India: 1873 to 1930,”Bobay, Scientific Socialist Education Trust, pp.111-12, 1976. 59. Gapal Guru, “Dalit Cultural Movement and Dalit Politics in Maharashtra,” Vikas Adhyayan Kendra, Mumbai, pp.9-18, 1997. 60. Minakshi Moon and Urmila Pawar “Amihihi Itihaas Ghadawila,”Sugawa Prakashan, Pune, pp.34-41, (second edition ), 2000. 61. Ibid. 62. Ibid, p.13-23. 63. Ibid, p.75-87. 64. Ibid.

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65. Ibid, p.57. 66. Ibid. 67. Ibid. 68. Ibid. p.75-87. 69. Ibid, p.26. 70. Ibid. 71. Ibid, p.21. 72. Ibid, p.13-33. 73. Ibid. 74. Ibid, p. 53-87. 75. Ibid. 76. Ibid. 77. Ibid. 78. Ibid. 79. Ibid, p.79. 80. Ibid. 81. Jayashree Gokhale, “From Concession To Confrontation,” Popular Prakashan, Bombay, pp.214-63, 1993. 82. Ibid, p.223. 83. Ibid, p.225. 84. Gabrial Dietrch, “Dalit Movements and Women’s Movements.’ In Reflections on the women’s movement in India: Religion, Ecology and Development,” Horizon India Books, pp.73-93. 85. Vidyut Bhagwat “Dalit Women: Issues and Perspectives- some critical reflections” in P.G.Jogdand (edt), ‘Dalit Women In India,’Gyan publication,p,6, 1995. 86. Jayashree Gokhale, “From Concession To Confrontation,” Popular Prakashan, Bombay, pp, 264-96, 1993. 87. Lata Murugkar, “Dalit Panther Movement in Maharashtra: A Sociological appraisal,”Popular Prakashan, Bombay, pp.36-77, 1991. 88. Ibid. 89. Ibid. 90. Ibid, p.40.

CHAPTER TWELVE UNION POLICY WITH PERSPECTIVE TO SCHEDULE CASTES & SCHEDULE TRIBES BABITA TEWARI

Dalits are the largest and most significant segment of the discriminated world population. That 260 million people in South Asia alone, perhaps more than the population of some of the European Countries, are systematically subjected to continuous discrimination based on descent and work should be a mind boggling factor for any human being sensitive to human rights. From times, they have been discriminated in multiple forms and caught the attention of the world community of late. That they have been humiliated by gross violations of their rights for centuries, though far belated, has awaken world conscience, that of peoples and governments. However, India's Constitutional and international commitment recognizes and prohibits discrimination, including caste discrimination and untouchability practices. Our Fundamental Rights, enforced through the Constitution, take a strong position upholding equality ( Article 14 ), whereas Articles 15,16 & 17 emphatically stress upon the commitment to abolish caste discriminatory practices of untouchability against the Schedules Castes (Dalits) and Schedule Tribes (Adivasis). In order to protect victims belonging to the Schedule Castes against growing atrocities, laws like the Protection of Civil Rights Act, 1955 and the Schedule Castes and Schedule Tribes ( Prevention of Atrocities ) Act, 1989 have been enacted. Also, the main intention behind the reservation policy was social justice, thereby empowering the Dalits and the Tribals. It also tries to address the vast inequalities that pervades Indian Society inequalities which leave low castes deprived in everything from education to simple nutrition, not to say the home atmosphere and socializing tradition that equip elite communities with the confidence and articulation to perform better.

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The debate that " should private educational institutions make provision for reservation of seats for the Schedule Castes and Schedule Tribe students" is to be seen as a step further towards the Indian Government policy of liberalization, privatization and globalization, to take up the cause of the downtrodden or the hitherto neglected stratum of the society. The Union Government endorses this view on the grounds that students from these communities need special attention as they lag behind their general counterparts. However, the Private Institutions on the other side, feel that it is an encroachment on their functioning which may affect the performance, quality of education and economic health of these centres. Recently, the Supreme Court of India has permitted the Indian Government to provide a 22.5 percent quota to Schedule Castes and Schedule Tribes from the all India quota in postgraduate medical courses for the academic session 2007-08. All these go beyond to break the myth that equality and freedom are still a mirage for the Schedule Castes and Schedule Tribes of India. This paper is a serious attempt to gauge the propensity with which these developments have thronged the Indian stage.

Introduction For at least 300 years, much of the political debate has focussed on equality and the drive to implement various interpretations of it has been a major force of the 20th century. For centuries, across for more than 2000 years, a majority of India was persecuted, discriminated and disliked on the name of caste. The caste system can be traced back to the era of Megasthenes, the ancient Greek who was sent to the court of Chandragupta Maurya, and who described and classified the people of India into seven classes, the herdsmen being one among them. It is also true that most of the communities that were in India before arrivals of the Aryans were integrated in the Sudra Varna or were made outcast or untouchables depending on the professions of these communities. This unbreakable and deeply entrenched caste system in India was used to exclude and oppress a low caste majority by the high caste minority - by keeping the lower castes out of the social systems - education, religion, business, administration, employment etc. and this was carried out for many centuries. The disadvantage faced by such a large section of Hindu society was not lost on everyone. The problem began to be brought out in open discourse as early as the 1850s. These communities, till then were referred to as the Depressed Classes. After the advent of the British in India, many reforms flurried. It was by this time that the British passed the Government of India Act, 1935 and the same time witnessed progress of

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rise of of Dr. B.R. Ambedkar, the political leader who stood up for the cause of these Depressed Classes. This Act changed the terminology of "Depressed Classes" to "Scheduled Castes". After independence, the Constitution (Scheduled Castes)Order, 1950 and Constitution (Scheduled Tribes) Order, 1950 came into force. It was a question now before the transformers to ensure and enforce the principles envisaged in the Constitution of India, i.e. the Fundamental Rights ( Right to Equality prohibition of discrimination on grounds of religion, race, caste, sex or place of birth - Equality in matters of public employment - Right to Freedom etc.). The Reservation Policy was carved upon and was intended to increase the social diversity in campuses and work places by lowering the entry criteria for certain identifiable groups who are grossly under-represented in proportion to their numbers in the general population. The Government laid down the 15% and 7.5% of vacancies reservation criteria respectively for the Schedule Castes and Schedule Tribes in governmental aided educational institutions and for jobs in public/government sector. The proreservation and anti-reservation arguments have clouded the Indian scene every now and then. The latest debate, as to whether the reservation facility for the Schedule Castes and Schedule Tribes should be extended to the private sector has stirred a hornet's nest.

Objectives In the changed economic scenario, the private sector is growing at a rapid pace. These private sector institutions, by and large, draw considerable support from Government bodies and Banks, which handle public funds. Large investments in these enterprises come from public funds. It therefore becomes obligatory on part of these private sector organizations to perform their social responsibilities. It also needs to help the State by taking up the cause of weaker sections of the society so as to build a conflict free and caring society. Why has this deliberation cropped up ? At present, Schedule Caste and Schedule Tribe employees in the private sector are purported to be numerically inconsequential except at the shopfloor level. It is argued that caste must be one of the factors under consideration, and only in so far as it actually did have an impact on the concerned individual's life. It goes without saying that the plight of the "Dalits" and the "Adivasis" has undergone a sea change. However, there remains the objectivity of understanding and apprehending that whether full justice has been imparted to them during the process of implementing

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the reservation policy in the Government / Public sector organizations and further as to whether this happens to be the appropriate time and perhaps the right approach for heading towards the marking of reservations in the private sector.

Methodology We have already discussed that the welfare of the vulnerable population groups has always featured prominently in the Union Policy's plans and policies, no matter what the face of the Government might be. Nowhere it has been more evident than in the programmes that have been formulated for both the disadvantaged groups, i.e. the Schedules Castes and the Schedule Tribes. The tribal populations are universal, but the schedule caste population is unique only to India, characterized by untouchability. The schedule castes are the victims of social isolation due to practice of untouchability, whereas the schedule tribes remain isolated from mainstream development as they lead primarily a nomadic life. The development of these underprivileged groups and their assimilation with the main stratum of the society has been a matter of prime concern for the Government, both at the Centre and at the State level. In fact, these concerns formed the very basis of formulation of so many Directives, Constitutional settings, amendments etc. The reservation of seats for the Schedule Castes and Schedule Tribes in the Legislative Assemblies of the State may be seen as a solid step towards these reforms as this has paved the way for their greater participation in the Nation’s governance. It was in December last, that the 104th amendment to the Constitution was tabled, which since stands passed, ensuring that reservations are also extended to private unaided educational institutions. The four strategic focal points which can be considered while serving discussions are ; First, the major argument in favour of reservation is that of historic injustice being done to the subaltern classes. However, the intuition that generates in oneself is that why should the upper castes suffer for the wrongs done by their ancestors. Second, it is argued that reservations ensure a route to upward social mobility for the downtrodden and it renders them self dignity and respect as citizens. On the contrary, this helps breed a mindset that the Schedule Castes and Schedule Tribes can only get a job with the help of reservations, which is at times humiliating for the qualified candidates from such communities. Third, the top notch educational institutions such as the Indian Institute of Management, Indian Institute of Technology etc. have been at the vertex of the changing face of India under Globalization and Liberalization. As these institutions produce the cream products, they

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give merit an upper hand rather than caste-religious background. The Industry feels that if implemented, it will render the domestic industry globally uncompetitive. Fourth, it is questioned that we should underline the method of looking towards the 'genesis of merit" rather than the apparent view. These castes have been deprived of the facilities of education, health, access to public services for a long period, and as such there persists a need to develop their inner capabilities to compete in a truly meritocratic society. Yes, this methodology may seem to be true, but the big question remains. There are poor people from the general caste category who have the same similarities like denial of education, health etc. and on the other side the people from schedule castes and schedule tribes may be well-off, but are availing the reservation facility for a long period. Hence, why should not reservations be based on the economic criteria ? However, this system will also not work desirably, given India's high rate of corruption and poor administrative set up, which are the main factors in deciding the economic criteria.

Findings The findings suggest that the quotas for the schedule castes and schedule tribes has been there for a while now. However, only in the Government Sector. Statistically, even after more than 45 years of the existence of the University Grants Commission, only about 5% of the seats reserved for the Schedule Castes and Schedule Tribes have been filled. Moreover, the stagnation of Public Sectors in the form of ban on recruitments and the likes have created the pathway for opening of reservations in the private sectors. It is not so that the main idea of bringing these classes into the majority of India has not been achieved. The globalization has resulted into spreading vast consciousness, specifically in the form of establishments of various forums catering to the needs and causes of the downtrodden such as the NCDHR, the CERD, the WCAR etc. Representation of these castes in the higher judiciary, formation of the National Development Council for SC and ST consisting of the Prime Minister as the Chairperson, adequate representation of these castes at all levels in public services being the mandate of Article 335, sitting of representatives of these castes on boards of scheduled banks, public institutions etc., only to name some few of the amenities being extended to the scheduled castes and scheduled tribes of India is naturally an outcome of the distinct globalization policy. Findings also are suggestive of the reality that an area of social obligation of the private sector needs to be identified. The private sector should contribute in the areas of

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advancement of education, health and in provision of employment opportunities of weaker sections of the society, including the schedule castes and schedule tribes. The biggest and latest impact has been the decision of the Supreme Court on 11th January, 2007 which has the verdict of judicial review of the laws taking shelter under the IX Schedule of the Constitution of India. Whether it is the validity of caste-based reservations, exclusion of the creamy layers, reservations in promotional opportunities or for that matter - reservations in the private sector, all will be reviewed and decided afresh. This is indeed a historic decision, which will help in freeing the goat of reservation policy from the hands of some politicians, who see and visualize these castes only as a vote bank. This will also help in rendering the “fruits of development, as rightly sacrosanct by Dr. Manmohan Singh, to the most needy”.

Conclusion The caste coercion and suppression reduced the schedule castes and the schedule tribes to a culture of silence. But the resistance, the revolt and the expressive measures being adopted for ages now has provided the space for a revolutionary change in the entire Indian social order. Dr. Ambedkar was well aware of the cumulative impact of the caste social order. Hence, he advocated the three fundamental and basic rights for all the citizens and in particular for the Dalits and the downtrodden: Right to Life, Right to Freedom, and Right to Private Property. The fundamental demands of Dr. Ambedkar, though political in nature, had social, economic and cultural complications and ramifications. It is for sure that caste identity has become a subject of political, social and legal interpretation. Communities who get listed as entitled for positive discrimination do not get out of the list even if their social and political conditions get better. It is proved that the States of Andhra, Kerala, Tamil Nadu and Karnataka have been implementing the reservations for quite some time now and they are one of the most developed States of India, where the literacy levels are the highest, the population growth is the lowest, and even the business is flourishing. In the State of Tamil Nadu, which has the highest percentage of reservations, the economic and social statistics reveal that the lower castes fare much better than their counterparts in the other States. Shouldn't we emulate these States? A lot has been done but there is room for a lot and lot more. In the words of the President of India " The government is sensitive to the issue of affirmative action including reservations in the private sector and it is committed to faster socioeconomic and educational development of the Schedule Castes and

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Schedule Tribes". We too expect that the Union Policy - with perspective to the Schedule Castes and Schedule Tribes of India - will steadily and determinately march ahead for fulfillment of this vision and mission .

Notes 1. The Census , 2001 2. The Constitution of India 3. The Quagmire of Caste Reservations - by Signalman 4. Population Research Centre, Baroda - Nov, 2ooo 5. Tribal Welfare & Development - Draft Paper - Member National Advisory Council

CHAPTER THIRTEEN THE ROLE OF MAHATMA PHULE BACKWARD CLASS DEVELOPMENT CORPORATION IN ECONOMIC UPLIFTMENT OF SCHEDULED CASTE COMMUNITY D.D.SHINDE

Introduction It is evident that the discrimination and harassment of people belonging to the scheduled castes are more rampant in the rural areas than in the urban areas. The scheduled castes that accounted for major share in the total population of India have long suffered for extreme social and economic backwardness. With a few exceptions, all of them have also been for centuries victims of Untouchability. Therefore the need to improve their socio-economic condition has been recognized during planning era. Serious and organized efforts on a national level were made only after independence. During the planning periods, various programmers’ policies have been implemented by the Govt. at both Center and State level to improve the economic condition of the scheduled caste community in India. Among various programmers, Govt. has set up various development corporations such as 1. Mahatma Phule Development Corporation, 2. Lok Shahir Annabhau Sathe Development Corporation, 3. Maharashtra Charmodyog and Charmkar Development Corporation, 4. Vasantrao Naik Scheduled Caste and Scheduled Tribes Development Corporation, 5. Other Backward Class Development Corporation, 6. Maharashtra State Handicap Financial Development Corporation. Among these corporations Mahatma Phule Backward class Development Corporation (hereafter MPBCDC), setup by the

The Role of Mahatma Phule Backward Class Development Corporation 161 in Economic Upliftment of Scheduled Caste Community

Government of Maharashtra, has been playing important role in improving the economic status of the backward community, particularly scheduled caste community. Therefore, in this analysis an attempt has been made to evaluate the performance of MPBCDC.

Mahatma Phule Backward class Development Corporation MPBCDC was setup on 10thJuly, 1978, under Companies Act of 1956. Its main office is at Mumbai and regional offices are at Nasik, Amaravati, Nagpur, Pune, Aurangabad. District offices are set up at district place in the remaining districts of the state. The main objectives of the corporation are : 1. to provide financial assistance at concessional rate to create self employment opportunities to improve economic conditions of the scheduled caste community through implementing State’s as well as Center’s special programmes / schemes. 2. to provide training facilities to the entrepreneurs belonging to the scheduled caste community. 3. to improve economic condition of Schedule Castes through generating self employment opportunities. The Corporation has been implementing various programmes since its inception. Therefore, time has come to assess the role of MPBCDC in improving economic condition of scheduled castes.. For this purpose, MPBCDC setup in Kolhapur district as representative unit has been selected for the present analysis. Secondary data published by this office has been collected for the period 1979-80 to 2001-2002. Moreover for intensive and micro level analysis, 44 scheduled caste entrepreneurs in Kolhapur those who availed the facilities, provided by the corporation, have been selected from the Kolhapur city. Of the total numbers of beneficiaries belonging to the scheduled caste community, 10% samples has been selected from various economic enterprises, for which, technical and financial facilities were provided by the Corporation. Moreover, the field survey was carried out to collect the primary information from the sample households during 2001-2002. The following objectives have been examined in this paper. 1) To review the progress of MPBCDC. 2) To examine the impact of programmes / schemes on the economic condition of Dalit beneficiaries. 3) To examine the problems being faced by the Scheduled Caste entrepreneurs and Corporation.

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4) To suggest remedial measures to improve the efficiency of the Corporation. One of the aims of the MPBCDC is to provide the finance to the Scheduled Caste community for the business activities thereby to create self-employment opportunities. There are various developmental schemes being administered by the MPBCDC. These schemes are as below. 1) 2) 3) 4) 5)

Grant-in-Aid scheme Seed capital Training programmes Bridge Loan scheme NSCFDC scheme and NHFDC scheme.

Progress of Mahatma Phule Backward Class Development Corporation, Kolhapur MPBCDC, Kolhapur has been playing important role by providing financial assistance and seed capital to the various business activities to the entrepreneurs belonging to the Scheduled Caste community. Table No.1 shows subsidy provided by MPBCDC. Table 1: SUBSIDY PROVIDED BY MPBCDC, KOLHAPUR Sr.No. 1 2 3 4 5

Year

Loan (Rs.Lakh)

1996-97 1997-98 1998-99 1999-2000` 2000-2001

36.21 39.25 29.05 59.25 40.61

No. of. beneficiaries 718 741 571 1107 558

Source: Office Record , MPBCDC, Kolhapur

There were 718 beneficiaries in 1996-97, who received Rs.36.71 lakh for the business purpose. In 1997-98, number of beneficiaries increased to 741 and subsidy allocated to them was Rs.39.25 lakh. However, during 1998-99, the number of beneficiaries reduced to 571 and subsidy given to them was Rs.29.05 lakh. Moreover the number of beneficiaries increased to 1107 in 1999-2000 and subsidy given to them was 59.25, however its

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number reduced to 558 in 2000-2001 and subsidy also reduced to Rs.40.61 lakh. Thus, over a period it is observed that financial assistance provided by the Corporation in the Kolhapur district did not maintain systematic trend. Moreover, as compared to target of Rs.66 lakh per annum, it did not achieve the target during 1996-2001.

Seed Capital MPBCDC, Kolhapur provides seed capital to the eligible entrepreneurs belonging to the Scheduled Caste community, in view to start new business, thereby to improve the economic condition of such entrepreneurs. Table 2 Seed Capital provided by MPBCDC, Kolhapur Sr.No. 1 2 3 4 5 6 7 8 9 10

Year 1991-92 1992-93 1993-94 1995-96 1996-97 1997-98 1998-99 1999-2000 2000-2001 2001-2002

Benefic iary As 49 53 45 38 54 57 83 36 13 29

% change -3.92 8.16 -15.09 -15.16 42.11 5.56 45.61 -56.63 -63.89 120.08

Amount (Rs.) 423036 491316 239627 304777 605669 430992 865841 353419 137976 363190

% change 65.88 16.14 -51.23 27.20 98.72 -28.84 100.89 -59.18 -60.96 163.23

Source: Office Record, MPBCDC, Kolhapur

Latest position showed that Corporation has given financial assistance as seed capital to tune of Rs.1.38 lakh to the 13 beneficiaries. Thus over a period it was observed that MPBCDC, Kolhapur has been providing financial assistance to eligible persons belonging to the Scheduled Caste community in the Kolhapur district.

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Impact of financial assistance provided by corporation on economic condition on Scheduled caste entrepreneurs For this purpose fieldwork was carried out in Kolhapur city and primary information was collected from 44 entrepreneurs belonging to Scheduled Caste. Some major findings derived from primary data are given as below. 1.

2.

3. 4. 5.

6.

7.

Due to financial assistance given by Corporation it is observed that income earning of the households was increased range from Rs.10000 to 75000 per annum. Moreover among the sub castes, entrepreneurs belonging to Mahar / Buddhist communities were in large numbers who availed benefits of schemes. The living condition of households residing in the Kolhapur city showed that the majority of the families had their own houses and had drinking facilities made available from the public taps and also had entertainment facilities and vehicles facilities. Of the total number of sample households (44) majority of households started new business, and they did not have earlier experience any business. Moreover it was also observed that MPBCDC, Kolhapur provided financial facilities mainly to male entrepreneurs as compared to the female entrepreneurs. It was also observed that nearly 15 households did not utilize the loan for which purpose it was provided by the MPBCDC, Kolhapur. Hence, loan was utilized for some other purposes. This has been misutilisation of financial resources, consequently economic condition of such entrepreneurs did not improve. During the period of study, MPBCDC, Kolhapur had given loan to 23 businesses (occupations) such as leather processing, tailoring, ration shop, Cycle shop, Cloth sale, cutlery, chilly, powder, pan shop, bullock cart, welding, bangle sale, vegetable sale, sarees sale, banana sale, crockery, shoe shop, auto rickshaws, dairy, mixer grinder, burud work, havai chappal and medical dispensary and ranged from minimum Rs.12,000 and maximum Rs.50,000 as loan. Majority of the entrepreneurs had borrowed Rs.12,000 to start small business in the city.

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8. 9.

10. 11. 12. 13.

Moreover, MPBCDC, Kolhapur had given the subsidy of the Rs 5,000 to Rs.7,000 to the entrepreneurs belonging Scheduled Caste community. Moreover, some entrepreneurs had taken loan for the business from other banks, such as Vahandharak Nagari Sahakari Credit Society, Balbhim Bank, Bank of India, Bank of Maharashtra and Maratha Bank. Moreover, entrepreneurs had invested their own capital which ranged from Rs. 1,000 to Rs. 20,000 in their occupations. It was also observed that there was more or less assured local market for their products. However, some entrepreneurs also told about the market uncertainty for their products. The expenditure pattern of the households showed that the household spent mainly on food grain followed by health, clothes, education, etc. It was also observed that as a result of increased income of the households, children were taking education, from primary to college level.

Conclusion The purpose of MPBCDC is to improve the economic condition of the backward community by providing financial assistance to the business, providing training to the entrepreneurs belonging to backward community. However it was observed that financial assistance given by Corporation was not sufficient to start any new business or upgrade the existing business. Therefore, it was required to raise the amount of loan to be given to business. Moreover, it was also noticed that it provides loan to very small number of entrepreneurs per annum as compared to overall backwardness of this community, Hence, there is a need to cover maximum number of entrepreneurs per year, so that large number of unemployed youth will get benefit of such schemes. Moreover, it was also noticed that majority of the people belonging to the Scheduled Caste community were not aware about the role of MPBCDC. Therefore, it is an urgent need to propagate the importance of various schemes, meant for the betterment of the Scheduled Caste community. In this respect, the Corporation will have to take major initiative to impart the knowledge about various schemes to people belonging to Scheduled Caste community.

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Moreover, it was also observed that financial assistance provided by the Corporation was not properly utilized purpose, for which it was given to the entrepreneurs. Therefore, it is required to supervise the actual utilization of the loan provided by the corporation.

Notes 1. Kamble N.D., 1981, Atrocities on Castes in Post independent India (15th August 1947 to 15th August 1979), Ashish Publishing House, New Delhi. 2. Mungekar Bhalchandra, 1996, New Economic Policy and Impact on Scheduled Castes. 3. Nirupama Prakash, 1989, Scheduled Castes, Chugh Publication, Allahabad. 4. Ram Bal Mishra, 1989, Caste and Conflict in Rural Society, Commonwealth Publishers, New Delhi. 5. Selvanathan S. 1989, Status of Scheduled Castes, Socio-Economic changes, Ashish Publication House, New Delhi. 6. M. Thangaraj. Demographic and occupational characteristics of Scheduled Castes/ Scheduled Tribes in India. 7. Annual Report of Mahatma Phule Backward Class Development Corporation, 2000-2001.

CHAPTER FOURTEEN GOVERNMENT ENDEAVORS: THE FAILURE OF SOCIAL JUSTICE THEORY IN PRACTICE SWAGATA AND NIRUPAMA

Introduction …there is one thing which Hinduism has never been able to do–namely to adjust itself to absorb the Untouchables or to remove the bar of Untouchability. — Dr. B.R. Ambedkar1

What is pertinent to modern society is the effective practice of a theory rather than endless discourse about the concept. Keeping this in mind if we were to venture into the area of social justice the statement attains even more relevance. There remain many questions, which require effective answering so that justice may not be lost. Is a human being ever deserving of discrimination? Is a human being ever deserving of a disadvantageous treatment, because according to a perception he/ she is “born low”? Can such a perception ever be correct? The law is often said to be the handmaiden of the rich. But it is also social engineering, a means to push the society towards a more enlightened and more equal approach. If it were carefully examined can it be said that the law has effectively dealt with the above proposition. It is seen that the burden of putting social justice theory into practise often falls upon the Government. However, that is no guarantee for an effective social justice mechanism to fall into place. The paper takes India’s example in the field of caste inequalities. Our endeavour is to try and read the 1989 legislation on Scheduled Castes/ Scheduled tribes as an illustration. The Preamble of the Constitution of India puts forward social justice as a goal that needs to be secured for all the citizens of India. It is commonly understood that the

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social justice envisaged had equality and equity as its backbone. One of the main aims of a society is to ensure that all its members are treated as regards both opportunities and law. This ideal is far from realised in India. One of the worst forms of inequalities in the Indian society is the caste based and communal discrimination. The Government tries to make such practices an offence in the eyes of law. And for this purpose, it uses the law. It is the use of this law and the effect of it on the society and vice versa that is under study.

The Legislation under Study It is clear that whereas the State has formally abolished ‘Untouchability’ vide article 17 of the Constitution and has forbidden its practice in any form and made it punishable and despite its providing number of safeguards to protect it from all types of exploitation and ensure its allround development, the situation on the ground keeps reminding one of the bygone era.2

Article 15 of the constitution has mandated that no citizen shall on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public. But the view of the ex-justice of the Supreme Court Mr V.K. Krishna Iyer that the laws formulated for the protection of the dalits have effectively been turned into ‘paper tigers’, holds unfortunately true in this regard. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been put in place by the Government to ensure that the mistake that has been committed by the society from time immemorial be rectified. This Act indicates that not only should a person be restrained from making such baseless classification but any such discrimination should be actively discouraged and punished. This mind set of the State must be appreciated as it has rightly recognised the intensity of the consequence of the actions of our ancestors and has brought out a piece of legislation which provides an equal amount of power to ensure equality. The Act has attempted to change the mental setting of the people and not merely criminalise their actions, which stem from their intention. The problem is rooted thus in the mentality of the people and not the mere

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action. The actions are manifestation of the mental stigma against the persons belonging to the SC/ST group. This is an aspect that has been dealt with in the Act but finds significance in an era of connivance and corruption. If Section 3 of the Act is studied intensely it will be noted that every atrocity mentioned in that section has a mental element (mens rea in legal terms) involved. All acts mentioned therein are punishable irrespective of the caste of the wrong doer and the victim by many other legislations such as the Indian Penal Code. But the intensity of the crime is increased by this legislation because of the seriousness of the mental element attached. Thus the Act has rightly targeted the actual problem and does not punish the act per se. However the legislation in looking at the mental element so closely falls into the trap of making it too important, thereby leaving room for much doubt in most cases. No matter how good a legislation is, its implementation and enforcement is the only measure of testing its capacity to correct the social wrongs. “It is not so much the lacuna in the law but the spirit to abide by the law by the people and the zeal, devotion and sincerity to enforce the law by the public functionary and, in particular, the police force is necessary. Sensitization, motivation and sincere implementation of law are their duty.”3 The Act has definitely placed the law in place. But the most important thing in such cases is giving the procedural capacity to the victims. The empowerment does not occur by mere vesting of rights but at its enforcement. It is at this point that legal recognition becomes vital. Special Courts: The need for special courts is to ensure faster trials and quicker remedy. By this the Government should keep reiterating the importance given for the equal treatment of the SC/ST persons and the condemnation of such inhuman actions. It is highly important to make people know the significance Government has attached to this Act and its contents. Also by setting up special courts, the judges involved could be chosen to best suit the purpose and by there bring about more sensitive, effective and reasonable decisions in this regard. However, most States under this Act have added the responsibility of trying the cases under this legislation on an already existing Court of Sessions.4 This implies that cases are merely added to the docket explosion existing in our courts. Further this means that these cases will not be attached the special attention they duly deserve and will receive the same if not lesser consideration from the judges. Anyone who understands how the judiciary

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works would be able to comprehend how the absence of a separate and exclusive Court for such trials will affect the actual implementation and enforcement of the rights vested there, in the Act. Preventive measures: The Prevention of Atrocities Act addresses most situations of atrocities and provides solution for all of them. However it is not possible to wait for the mishap to occur and then remedy the situation always. It is for this purpose that the Act has incorporated S.9, provisions for removal of a potential offender under S.10 and S.17 whereby the government and local police authorities can identify an area to be a sensitive area and thereby provide for extra protection. Also many provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 provide for preventive measures. But the problem is that out of these most or none of the available measures are implemented by the State Governments. Instead of implementing these facilities the judiciary and police are looking for excuses to do away with such cases. A classic example of such insensitivity would be the Gangula Ashok v. State of AP5. In this case the victim was alleged to have been raped by the accused whose wife was the warden of the hostel in which the victim was residing. However the Court dismissed the case on procedural technicalities saying that the Special Court as under this Act is a Sessions Court and hence cannot take cognisance of an offence by itself. It has to be committed to it by the lower Court. The only problem is the purpose of this technicality is not understood. In the usual criminal cases this procedure of committing is incorporated to prevent malicious and baseless cases from wasting the time of the Courts. Similarly the Sixth Report of the National Commission for SCs and STs says that The question of setting up exclusive special courts, particularly in the states having large pendency, needs serious consideration of the Government. The rate of convictions in various states ranges from 5 to 10 percent and it is necessary to examine the reasons for such low conviction rates and for taking urgent corrective action.

The question to be pondered is how relevant is this procedure to the object of the Prevention of Atrocities Act. Though these procedures do not directly affect rights of the victim they provide major hurdles on the procedural capacity of the victims. Many judges have followed this judgment sincerely since then both in the Supreme Court and the High Court.6 Another example of such hurdles is that an enquiry must be conducted by an officer not below the rank of DSP.7 This provision carries the presumption that a person of such high authority is bound to do justice

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and is experienced to identify rightly the infringement of people’s rights faster than other officers. However this provision is being used to set aside any inquiry done by other officer (irrespective of the investigating officer’s capability) as vitiated and there by prolong the process of inquiry causing trouble to the victims.8 This also means that sufficient number of DSPs must be appointed in all sensitive areas mandatorily. It is not suggested here that no procedure should be followed in cases under this Act. It is indeed necessary to follow a procedure to establish a fair process and also give reasonable opportunity to the accused to put forth a valid defence. However these procedural rules should not be merely seen as rules, which restrict the scope of the Act. It is necessary to look into the functionality of the rule and if the purpose has been solved the case can be and has to be continued. This will enable the legislation to a large extent. Effect of the Act: The Act is supposed to have a deterrent effect on the society and consequently a reformative one. The onus for this effect lies on the society and the officials, more so on the officials as instruments of the Government and as civil society members. This shall be explained further in the next section. To explain the deterrence effect further, a stringent punishment is attached to the crime so as to daunt the public from this ancient inhuman practice and thereby gradually bring in the habit of equality in them. However with the kind of concessions given to the offenders in the form of procedural disabilities and the lack of cooperation from the concerned officials, it is becoming worst case scenario for the victims under this Act to come out and claim their right. Another important aspect is that this Act does not make the victims independent of the members of other castes for their survival. Even if convicted, it is the victim who suffers maximum out the conviction, as the victim in most cases is still dependent on the offender. This is an inherent problem that prevents the victims from complaining against the offender and continues to subject themselves to the atrocities. Providing rehabilitation methods backed by State support can repair this rather than letting the victims fend for themselves after the case is concluded

Civil Society and Discrimination in the 21st Century For any study of this sort, the first place we look for are the cases reported. Sadly, this is a scarce resource with regard to this study. The importance

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of the study of the Act lies in the fact that though there are evidences such as newspaper reports and enquiry commission reports that prove the existence of several incidents of discrimination, hardly any cases are to be found. As students, the propositions that we have laid forth are based on secondary research, and the remarkable thing is that, it is not cases tried in the Courts but media reports, which provide any material for research. Judicial activism and social initiation of legal process as well as recognition of the offence - the keys to any successful social endeavour to eradicate a social evil seem to be woefully lacking in attendance. Between 1990 and 2000, a total of 3,72,716 cases were registered with the police nationwide as cognizable crimes against the Dalits.9 The actual figure could still be higher as there was distinct possibility of all the cases not being registered for various reasons. Blood curling incidents are rampant.10 They illustrate a complete disregard for the judicial processes such as the episode of upper caste Jat villagers, angry over police inaction in a recent murder case, torched more than twenty houses belonging to dalit Balmiki families in Gohana township on the border of Delhi in Haryana’s Sonepat district.11 The local administration was completely helpless in preventing the incident. The angry Jat mob easily overwhelmed the inadequate police contingent present on the scene. The cops who at first attempted to make a stand by letting off a volley of shots in the air, were forced to retreat and quietly watch the Jats make a bonfire out of the Dalit hutments. The reflection of the nation’s commitment to equal opportunities and equal right to political office is shattered at the most basic level of the village Panchayat. Forty-two-year-old Vitthan, wife of Sonpal, who won the panchayat election from Marriayaa block of Etawah district of Uttar Pradesh, was forced to miss the oath-taking ceremony that took place on Friday as the upper caste community of the village was angry at a dalit woman becoming mukhiya (village head).12 She has been on the run since August 28 — the day she was elected — as the village landlords had threatened her of dire consequences if she dared return. There are similar incidents.13 The collective conscience if it may be so called has led to such plights as may make any man shiver. In July 2003, a village committee ruled a dalit in Chauriberhampore village on the outskirts of Kendrapada town insane and eager vigilantes tied up the man in the veranda.14 The darker irony is that the State Government and the police all know about Upendra, but

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aren't doing anything to unshackle him from his plight. Appeals by his wife have fallen on deaf and insensitive ears. However in the face of this there exists the alternative consciousness as demonstrated by the incident in Jaipur where a Dalit woman sarpanch in Jhalawar district of Rajasthan accused the station house officer of the Gangdhar police station, an assistant sub-inspector and two local functionaries of the Bharatiya Janata Party of raping her on September 22 night.15 No case was registered on her complaint even after her appeals to the Collector and the Superintendent of Police, she charged. It is evident that sections, which form the backbone of the Act such as the setting up of special cells to ensure security and to restore a feeling of security,16 are blatantly being ignored. Where a 35-year-old mother of three and her family had refused to take back some rape cases against local upper caste men, 'justice' was meted out the way feudal Madhya Pradesh knows best. Six men stormed her house, woke up the woman and chopped off a part of her right forearm, the very arm she had raised in protest against her rape and dared to file a complaint. Police did not appear worried, though. They said the case would be treated routinely with all the concomitant paperwork. The ambiguity as to the cases filed by her had been cited as a reason against confirmation of this incident also.17 They are not even left with the distinct possibility of relief in situations as bad as that of the tsunami in 2005. The centuries old prejudice against the ‘lower communities’ was perfectly manifest despite the grave nature of the tragedy. The Indian Express report dated January 6, 2005 had details of the way Nagapattinam, one of the worst affected districts in Tamil Nadu, was coping with the situation. The worst hit were the ‘lower castes’ so to speak. In a time when humans are reminded of their mortal existence, there is a relief camp ironically stripping off a class of people of any hope at relief. Infact the fundamental problem lies with nothing else but calling them a class apart. The reason why they were scheduled in the first place were to help in their emancipation and suggest an alternative thinking as well as method of action so they could exercise and claim what is rightly theirs as equal citizens. However the scheduling itself has helped in the labelling and reinforcing further of the theme of discrimination. As the above quoted news report of the Indian Express rightly said; There's something even an earthquake measuring 9 on the Richter scale and a tsunami that kills over 1 lakh people can’t crack: the walls between caste. Reports by

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newspapers have established how post Gujarat quake relief and rehabilitation work had at places bypassed the “lower classes”. There were reports about the siphoning of the relief material to the relief camps inhabited by the non-dalit or upper caste Hindus and how consciously these sections were left out of its ambit in many cases. Seeing the emergency of the situation, no action would have been taken against neither those Gujarat people involved in discriminating against fellow victims though ostensibly of a different class nor one can expect any action against the Nagapattinam gentry which humiliated the dalits. Most people when confronted with such incidents of denial of basic human rights and the establishment of such practices in social structures prefer to look the other way feeling that it is basically a ‘rural phenomenon’. Villages are often quoted on the basis of statistics as cesspools of backwardness and how they are the prime perpetrators of atrocities against them. The formulation obviously is not true. The caste boundaries in India are grave enough not to be curtailed within territorial boundaries. Even a lay person can understand that a particular social phenomenon with centuries old history does not cease to operate on an area being called as metropolitan. The civil services are distinctly urban in nature. The proposition of the discrimination being a fruit of the rural areas may be refuted by the incident18 in Patna where an IAS officer appointed by the Election Commission of India as an observer for the Bihar polls reportedly wanted no person belonging to the reserved category posted on his staff during his stay in Patna. "They could lodge complaints against me under the Atrocities Act," he is reported to have told local officials. The officer talked about the utility of such software to pick and choose officials according to caste and religion. He was recalled however on informal communication to the Election Commission. The rights wrongly assumed as the result of a section being privileged in the sense of their birth, are denied to persons of the scheduled classes. It is conveniently forgotten that it is not because of the birth but because of the equal ideals of justice that all citizens and persons are given the same freedoms and rights. By this logic, the scheduled classes thus have an equal claim over all rights and to deny them is to deny the society its right to a united and diverse existence. It falls upon the National Commission of SC and STs or the National Human Rights Commission or independent groups committed to the defense of human rights to bring out these facts. Though their voice

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doesn’t seem to perpetrate official ears, they have relentlessly tried to make the civil society aware. It is a common opinion about the fact that the different institutions of the State ranging from the police to the judiciary have rather preferred to avoid or have connived with the powers in saving the guilty the oppressed sections were humiliated or were subjected to violence. The ‘Report on Prevention of Atrocities against Scheduled Castes’19 rightly underlined the way the ‘state has failed in this respect’ on ‘several fronts’..20 The Sixth Report of the National Commission for SCs and STs 21 is of the view that a large number of cases go unregistered, mainly because of the reluctance on part of the police officers to register the cases and also because of lack of awareness among the members of these communities about the provisions of these acts. This is one of the most predominant reasons for the reduction in the number of cases. In addition, there are delays in investigation, collusion with offenders and manipulation of witnesses and evidence which all contribute to reduce the effectiveness of these protective legislations.22 Its findings state that in most of the states neither the meetings of the monitoring and vigilance committees are held regularly nor any special courts are set up to deal with cases of dalit atrocities. It is these committees, which seemed to have taken up the mantle on behalf of the civil society and thus it remains up to the media to give them due support and the public to let these non governmental organisations to take it to the ideal of social justice that has been envisaged in our constitution.

Conclusion The theme of our paper was to examine the Act and the corresponding civil society responses to attempt as students of law, to arrive at where the problem lies. This was to answer the question “at what levels need the beast of discrimination be met”. Its effect seems to pervade the way the society functions, the officials think and the victims accept. It is important that the mental shackles be broken so the dangers of discrimination can be assuaged. Based on this paper, some conclusions may be put forth. It is evident that the Act per se though has some flaws, is not the sole reason for non-

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disappearance of discrimination. It is also clear that this phenomenon pervades the official as well as the social set up such that the legislature or conscientious individual is faced with the vicious cycle of the society influencing the government and the lack of consequence in effect giving leverage for more infestation. It may be pointed out that the lack of initiation of legal proceedings and deficiency in recognising the force of law are evidenced by the lack of reported cases. Elaborating on the Governmental responsibility it is important to remember the dual duty shouldered by the official as a civil society member and as a Government official committed to further the goals of the constitution. Social justice has seen a further backlash in the fruitlessness of Government endeavours. Social justice if interpreted would mean the justice by and in the society. The government being a creation of the society owes a responsibility to use the mechanisms with it self to foster this social justice. Promoting communication, awareness and a strict stand on the atrocities that are absolutely not acceptable may do this. The argument of the historical background to be kept in mind and therefore the recognition that the problem cannot be assailed but by progressively eradicating has been standing for close to sixty years. It is time that justice be given priority and social processes may not be assumed in a manner as to retard the realisation of the ideal of social justice.

Notes 1. (Quoted in ‘Holy Cow and Unholy Dalit’ Siriyavan Anand, Himal, Nov 2002); http://www.countercurrents.org/dalit-gatade280105.htm. 2. http://www.countercurrents.org/dalit-gatade280105.htm 3. ‘Casteism, Intolerance and Instruments of Law’ by Dr. K. Ramaswamy http://www.pucl.org/reports/TamilNadu/2001/Casteism.htm in last visited on 24. 2.2007. 4. http://www.education.nic.in/cd50years/g/S/I6/0SI60701.htm last visited on 24.2.2007. 5. AIR2000SC740. 6. Moly v. State of Kerala AIR2004SC1890; M.A. Kuttappan v. E. Krishnan Nayanar (2004)4SCC231. 7. Rule 7(1) of the The Scheduled Castes and Scheduled Tribes: (Prevention of Atrocities) Rules, 1995: An offence committed under the Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police. The investigating officer shall be appointed by the State Government, Director-General of Police, Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it along with right lines within the shortest possible time.

Government Endeavors: The Failure of Social Justice Theory in Practice 177 8. D. Ramalinga Reddy v. State 1999CriLJ2918, Chandra Sekhar Pani v. State of Orissa 2004CriLJ2626. 9. Five Dalits Lynched in Haryana, REPORT OF THE FACT FINDING TEAM OF NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTs, Dr. Vimal Thorat (National Co-Convenor, NCDHR) & Dr. Umakant; http://ambedkar.org/News/News110602.htm. 10. Five innocent Dalits were lynched to death allegedly by the police in connivance with local VHP activist on 15th October 2002 at Dulina Police Post, Jhajjar in Haryana. Even after 16 days of this brutal killings of Dalits no action has been taken either by the police or the State Government.; Five Dalits Lynched in Haryana, REPORT OF THE FACT FINDING TEAM OF NATIONAL CAMPAIGN ON DALIT HUMAN RIGHT, Dr. Vimal Thorat (National CoConvenor, NCDHR) & Dr. Umakant; http://ambedkar.org/News/News110602.htm. 11. Asian Age, 1 September 2005. 12. Ibid. 13. Times of India, 23 October 2005. Looking for empowerment can be fatal for Dalit women in UP. Prabhawati was dragged out of her home on Thursday, the day of the panchayat vote in Mujera Khurd village, by men from her own caste who wanted another candidate to win. As other villagers watched in petrified horror, these assailants poured kerosene on her and lit a bonfire to mock empowerment of low caste women. Of course, many in the village had seen what happened and Gulab, Prabhawati's hapless husband, has filed an FIR with the police station in Cheel, naming three people. But this being UP, police hadn't made a single arrest until late on Saturday. Gulab, a resident of Mujehra Khurd village in Cheelh police circle, said in his FIR that a man named Lalji, his brother Juggan and another person called Jhilmit Singh, barged into his house late in the night on October 20 and assaulted Prabhawati. They then conducted the gory torture of pouring kerosene. Gulab told police his wife was contesting elections and the accused had repeatedly asked her to step down which she refused. Prabhawati also reportedly had a heated public argument with the men earlier in the day. 14. Times of India, 20 September 2005. 15. The Hindu, 6 October 2005. 16. Section 8(5), Constitution of India. 17. Times of India, 11 December 2005. 18. Reported in Indian Express, 19 October 2005. 19. NHRC, 2004, Delhi. 20. These are ‘failure to effectively implement the laws relating to atrocities against SCs and STs’ which is ‘reflected both in respect of preventing violence from taking place’ as well as in the ‘inability to punish perpetrators of violence after the crime is committed’; ‘failure to act against its own agencies involved in the commission of violence;’ failure to strengthen the watchdog institutions’ etc. ‘The failure of the state vis-à-vis mobilization of caste Hindus in favour of social democracy embedded in the constitution and various laws and state policies’ can also be considered palpable which has ‘created ambivalence in its intentions and contradictions in its actions’ .

178 21. 1999-2000 and 2000-2001. 22. Ibid., Preface Page II.

Chapter Fourteen

CHAPTER FIFTEEN SOCIAL EXCLUSION, DISCRIMINATION AND ECONOMIC DEPRIVATION OF DALITS IN INDIA RAMESH DANDGE AND GAUTAM KAMBLE.

Introduction In India Dalits have been discriminated, isolated and deprived through the process of social exclusion and discrimination on the basis of caste and the notion of untouchability. Hence, the issue of social exclusion and discrimination is closely related with the prevalence of caste system, under which caste based economic activities are determined. There have been fixed pre-determined occupations, property right for each caste by birth and its hereditary continuation. More importantly, there has been high magnitude of inequality in the possession of earning assets like land, capital, property etc. across the different caste groups. The castes placed at the top of the social hierarchy enjoy special rights over the ownership of land and other productive assets at the cost of castes located at the bottom of the caste hierarchy. In fact, productive assets like land, capital etc. are monopolized and controlled by the higher castes while dalits having equal skills efficiency have been excluded on the basis of caste discrimination. Consequently, they have been segregated physically and socially from the rest of the Indian society through the practice of untouchability. The denial of basic human rights, lack of access to land and other earning assets and occupations ultimately resulted into socio-economic deprivations of the dalits through the process of social exclusion and discrimination. The nature of social exclusion and discriminations faced by the dalits is multi dimensions. Hence it has severe consequences on their economic deprivation in terms of poverty, unemployment, low standard of living and social deprivation in term of low educational status, lack of access of

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housing, medical facility and other public amenities. Therefore, the position of dalits can be differentiated even from poorers belonging to the higher castes due to the notion of untouchability and lower status being placed in the social hierarchy. Hence, they have been excluded at larger extent from the mainstream of development process. Moreover those who are engaged in the economic activities and in different economic markets such as land market, labor market (both wage employment and self employment) capital market, product markets and other non market activities which include common property resources, public amenities, are being discriminated by higher castes.

Social Exclusion of dalits from the possession of land resources and discrimination in Land Market Land has been most significant input as main source of income to the majority of households, and decides socio-economic status of households in rural areas. Hence the nature of distribution of land resources among the cultivating households determines the pattern of distribution of income and wealth. Unequal distribution of land resources creates inequality in income of farmers. In India, there has been caste based discrimination in the ownership of land resources in rural areas. Higher castes enjoy special right and privilege over the ownership of land resources. While Dalits, who are placed at the bottom of social hierarchy are deprived from such rights through the process of social exclusion and discrimination. Share of dalit households in the possession land resources has been negligible (less than 4.0 %) as compared to their share in total population and other social groups. Thus it reveals the fact that land resources are controlled and monopolized by higher castes in the rural areas. As per 2001 census, even today 63.0 % of the cultivatable land is in the hand of 16.5% of landlords mostly belonging to higher casts. Moreover, in the land market, dalits are discriminated in sale and purchase of land, both for agriculture use and residential purpose. Dalits are not allowed to purchase land from higher caste or higher castes people are reluctant to sale their lands to the dalits, even if dalits are ready pay more than market price for the land. Similarly dalits also suffer form discrimination in the land lease market. They do not get land for the cultivation on lease even if they desire so and are ready to pay higher rent. Moreover they also face discriminatory treatment in having access to common land resources like grazing land and also in purchase of land for residential purpose in high caste localities, even if they are ready to pay

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more than market price. The majority of dalit households concentrated either in the categories of sub marginal holdings, owning land less than one acre, which is not much suitable for crop production scientifically and practically. As per NSS report (1993-94), of the total SC households in rural areas only 19 % SC households owned economic holdings (more than five acres) and worked as self-employed cultivators as against 42 % for the other social groups. Moreover, there were nearly 10.32 % of SC households, who were engaged as self employed in non farm activities in rural area and 14.0 % SC households were engaged as self employed households in different economic activities in urban areas. Consequently the majority of dalit households found concentrated in the categories of landless and near landless as agricultural labor in rural areas and as laborers in unorganized sectors in urban areas. More importantly of SC households who are engaged as self employed household either in agriculture and non farm activities in rural area as well as in various economic enterprises in urban areas have to face caste based discrimination in various types of markets, such as credit market, input market, product market etc. They do not get adequate credit, inputs in proper time, because financial institutions and other inputs supplying agencies are monopolized and controlled by higher castes in rural and urban areas. Even in the product market, dalit entrepreneurs have to face discrimination in selling their products, even, they keep good quality of products for marketing. Because due to notion of untouchability, high caste consumers do not purchase goods from dalit sellers, which ultimately affect adversely growth prospect of business of such dalit entrepreneurs.

Social Exclusion and Discrimination in Labour Market As consequence of low accessibility to land resources, capital and other productive assets, majority of dalit households are concentrated in labor market for the wage employment for their subsistence. There are 320 million agricultural workers in the country of which nearly 65% of agriculture labor force from dalit community is facing caste discrimination for certainties besides economics exploitation. However, even in such markets, dalits have been discriminated and excluded at larger extent. The discrimination in labor markets refer to the situation of unequal treatment given to the workers possessing same skill, and efficiency but belonging to different race, caste, gender in hiring labor and wage payment. Thus it reveals the preference in hiring labor, wage employment to one group over other with identical capacities. Social exclusion refers to the situation in

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which certain dalits having equal capability, efficiency and skill, are being excluded from labor markets. Moreover those who are engaged in labor markets are subjected to the practice of discrimination either in terms of promotion, wage payment and working conditions. Thus, employment opportunities are denied in labor markets particularly in unorganized and private sectors on the basis of the notion of untouchability, even though, dalits are found to be equally competent and efficient. Moreover there is compulsory and forced inclusion of dalits in low grad and unskilled labor markets. Thus, in India, labor markets are segregated on the basis of caste and social hierarchy, not on the basis of labor efficiency criteria. In fact, there has been intra labor and inter labor market discrimination across the different social groups. High caste people are mainly engaged in skilled labor market while dalit workers are mainly concentrated in unskilled labor market. Thus existence of social exclusion and discrimination in labor market reduces the freedom for the dalits to move from one market to another one.

Economic Deprivation of Dalits through Social Exclusion and Discrimination The cumulative impact of social exclusion and discrimination have resulted into present day socio-economic deprivations of dalits and created significant inequality between dalits and non-dalits. Dalits constitute nearly 17 % (i.e. 16 crores) of the India’s population and of these, 81 % live in rural areas. NSS 55th report (2000) round reported that nearly 70 % dalit households were landless and near landless households owing land less than one acre and engaged as agricultural laborers in rural areas. Remaining (30 %) of SC households earned their income from selfemployment in agriculture and non-farm activities in rural areas as compared to 56 % of households belonging to higher castes. Similar trend was observed in urban areas as well. Thus due to low access in land and other productive assets and high concentration as laborers in unskilled labor markets coupled with low wage rates and high magnitude of unemployment resulted in to high level of poverty among dalits. The nature of poverty among dalits has been chronic and intergenerational. It was observed that 36 % SC households were below poverty line as compared to 15 % of other social groups in the rural areas. Moreover it was also observed that unemployment rates among the SC household were higher (5.5%) as compared to 3.5 % for other social groups.

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Conclusion The lack of access to land and other productive assets, low levels of self employment and higher level of unemployment, low involvement in business with inadequate inputs, all put together ultimately resulted in higher magnitude of absolute poverty among the dalits in rural and urban areas which has resulted through the process of social exclusion and discrimination. Hence, there is a need to rethink about the land reform policy to be implemented more rigorously in near future with focus on the reorganization of agrarian structure in which reallocation of land resources should be made on the basis of the relative share of the dalit population to the total population and preference be given on the basis of the relative economic backwardness of each caste. Thus this strategy will definitely be successful in breaking up monopoly of higher castes over the ownership of land resources in rural areas. Moreover, cultivable wasteland, Government land, land occupied by the various institutions should be transferred exclusively to dalits. Training in agricultural business and other business with adequate Government support is required to promote commercial agriculture and other business among the dalits. Moreover, big business enterprises for dalits can be promoted with adequate support from Government and foreign countries. Moreover, the global labor market should be integrated in which dalit laborers will get employment opportunities resize countries and thereby reduce existing pressure on labor markets and magnitude of socials exclusion and discrimination in India.

Notes 1. Thorat S.K. and R.S.Deshpande (1999), “Caste and Labour Market Discrimination,” Indian Journal of Labour Economics, Vol.42, No.1, OctoberDecember. 2. Government of India, 2000 National Sample Survey organization 55th round, New Delhi. 3. Jogdand P.G. (2000), New Economic Policy and Dalits (Edited ,) Rawat Publications, Jaipur, and New Delhi. 4. Uplaonkar, (1989), protective discrimination and the equality of opportunity, Social Change, Journal of the council for social development. Vol. 19, No. 3 September. 5. Prasad B.K. (2003), Rural Development: Concept approach and strategy, Sarup & Sons, New Delhi. 6. Bakshi S.R. & Kiran Bala , 1999, Development of Women, Children and weaker sections: Social Status and Development of Backward Classes, Deep & Deep Publications Ltd, Delhi.

APPENDIX – I THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950

In exercise of the powers conferred by clause (1) of article 341 of the Constitution of India, the President, after consultation with the Governors and Rajpramukhs of the States concerned, is pleased to make the following Order, namely:1. This Order may be called the Constitution (Scheduled Caste) Order, 1950. 2. Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within, castes or tribes specified in 2[Parts to 3[XXII] 7{XXIII}8XXIV of the Schedule to this Order shall, in relation to the States to which those Parts respectively relate, be deemed to be Scheduled Castes so far as regards member thereof resident in the localities specified in relation to them in those Parts of that Schedule. 4 [3. Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu 5[, the Sikh or the Buddhist] religion shall be deemed to be a member of a Scheduled Caste.] 6 [4. Any reference in this Order to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division as constituted on the 1st day of May, 1976.] 1. Published with the Ministry or Law Notification No. S.R.O. 385, dated the 10th August, 1950, Gazette of India, Extraordinary, 1950, Part II, Section 3, page 163. 2. Subs. by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956. 3. Subs. by Act 18 of 1987, s. 19

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and First Sch., for "XXI" (w.e.f. 30-5-1987). 4. Subs by Act 63 of 1956, s. 3 and First Sch., for paragraph 3. 5. Subs. by Act 15 of 1990, s. 2, for "or the Sikh". 6. Subs. by Act 108 of 1976, s. 3 and First Sch., for paragraph 4 (w.e.f. 27-7-1977). 7. Subs. by Act 28 of 2000 , s. 19 and Third Sch. (w.e.f. 1.11.2000). 8. Subs.by Act 29 of 2000, s. 24 and Fifth Sch. (w.e.f. 9.11.2000)

Constitution (Scheduled Castes) Order, 1950 (Part III.- Rules and Orders under the Constitution) THE SCHEDULE PART I. - ANDHARA PRADESH 1. Adi Andhra, 2. Adi Dravida 3. Anamuk 4. Aray Mala 5. Arundhatiya 6. Arwa Mala 7. Bariki 8. Bavuri 9. Beda Jangam, Budga jangam 10. Bindla 11. Byagara 12. Chachati 13. Chalavadi 14. Chamar, Mochi, Muchi 15. Chambhar 16. Chandala 17. Dakkal, Dokkalwar 18. Dandasi 19. Dhor 20. Dom, Dombara, Paidi, Pano 21. Ellamalawar, Yellammalawandlu 22. Ghasi, Haddi, Relli, Chanchandi 23. Godagali 24. Godari 25. Gosangi 26. Holeya 27. Holeya Dasari 28. Jaggali 29. Jambuvulu 30. Kolupulvandlu 31. Madasi Kuruva, Madari Kuruva 32. Madiga 33. Madiga Dasu, Mashteen 34. Mahar 35. Mala 36. Mala Dasari 37. Mala Dasu 38. Mala Hannai 39. Malajangam 40. Mala Masti 41. Mala Sale, Nethani 42. Mala Sanyasi 43. Mang 44. Mang Garodi 45. Manne 46. Mashti 47. Matangi 48. Mehtar 49. Mitha Ayyalvar 50. Mundala 51. Paky, Moti, Thoti 52. Pambada, Pambanda 53. Pamidi 54. Panchama, Pariah 55. Relli 56. Samagara 57. Samban 58. Sapru 59. Sindhollu, Chindollu (END) PART II. - ASSAM 1. Bansphor 2. Bhuinmali, Mali 3. Brittial Bania, Bania 4. Bhupi, Dhobi 5. Dugla, Dholi 6. Hira 7. Jalkeot 8. Jhalo Malo, Jhalo-Malo 9. Kaibartta, Jaliya 10. Lalbegi 11. Mahara 12. Mehtar, Bhangi 13. Muchi, Rishi 14. Namasudra 15. Patni 16. Sutradhar. (END)

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PART III. – BIHAR 1. Bantar 2. Bauri 3. Bhogta 4. Bhuiya 5. Bhumij(i) 6. Chamar, Mochi 7. Chaupal 8. Dabgar 9. Dhobi 10. Dom, Dhangad 11. Dusadh, Dhari, Dharhi 12. Ghasi 13. Halalkhor 14. Hari, Mehtar, Bhangi 15. Kanjar 16. Kurariar 17. Lalbegi 18. Mushar 19. Nat 20. Pan, Sawasi 21. Pasi 22. Rajwar 23. Turi. (i) Omitted by Act 30 of 2000, s. 23 and the Fifth Sch. (w.e.f. 15.11.2000) (END)

PART IV.-GUJRAT 1. Ager 2. Bakad, Bant 3. Bawa-Debh, Debh-Sadhu 4. Bhambi, Bhambhi, Asadaru, Asodi,Chamadia, Chamar, Chambhar, Chamgar, Haralayya, Harali, Khalpa, Machigar, Mochigar, Madar, Madig, Mochi, Nalia, Telegu Mochi, Kamati Mochi, Ranigar, Rohidas, Rohit, Samgar 5. Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi, Balmiki, Korar, Zadmalli 6. Chalvadi, Channayya 7. Chenna Dasar, Holaya Dasar 8. Dangashia 9. Dhor, Kakkayya, Kankayya 10. Garmatang 11. Garoda, Garo 12. Halleer 13. Halsar, Haslar, Hulasvar, Halasvar 14. Holar, Valhar 15. Holaya, Holer 16. Lingader 17. Mahar, Taral, Dhegu Megu 18. Mahyavanshi, Dhed, Dhedh, Vankar, Maru Vankar, Antyaj 19. Mang, Matang, Minimadig 20. Mang-Garudi 21. Meghval, Meghwal, Menghvar 22. Mukri 23. Nadia, Hadi 24. Pasi 25. Senva, Shenva, Chenva, Sedma, Rawat 26. Shemalia 27. Thori 28. Tirgar, Tirbanda 29. Turi 30. Turi Barot, Dedh Barot. (END)

PART V.- HARYANA 1. Ad Dharmi 2. Balmiki, Chura, Bhangi 3. Bangali 4. Barar, Burar, Berar 5. Batwal 6. Bauria, Bawaria 7. Bazigar 8. Bhanjra 9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi 10. Chanal 11. Dagi 12. Darain 13. Deha, Dhaya, Dhea 14. Dhanak 15. Dhogri, Dhangri, Siggi 16. Dumna, Mahasha, Doom 17. Gagra 18. Gandhila, Gandil Gondola 19. Kabirpanthi, Julaha 20. Khatik 21. Kori, Koli 22. Marija, Marecha 23. Mazhabi 24. Megh 25. Nat 26. Od 27. Pasi 28. Perna 29. Pherera 30. Sanhai 31. Sanhal 32. Sansi, Bhedkut, Manesh 33. Sansoi 34. Sapela 35. Sarera 36. Sikligar 37. Sirkiband (END)

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PART VI.- HIMACHAL PRADESH 1. Ad Dharmi 2. Badhi, Nagalu 3. Balmiki, Bhangi, Chuhra, Chura, Chuhre 4. Bandhela 5. Bangali 6. Banjara 7. Bansi 8. Barad 9. Barar, Burar, Berar 10. Batwal 11. Bauria, Bawaria 12. Bazigar 13. Bhanjra, Bhanjre 14. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi, Ramdasia, Mochi 15. Chanal 16. Chhimbe Dhobi 17. Dagi 18. Darain 19. Darai, Daryai 20. Daule, Deole 21. Dhaki, Toori 22. Dhanak 23. Dhaogri, Dhuai 24. Dhogri, Dhangri, Siggi 25. Doom, Doomna, Dumna, Dumne, Mahasha 26. Gagra 27. Gandhila, Gandil, Gondola 28. Hali 29. Hesi 30. Jogi 31. Julaha, Julahe, Kabirpanthi, Keer 32. Kamoh, Dagoli33. Karoack 34. Khatik 35. Kori, Koli 36. Lohar 37. Marija, Marecha 38. Mazhabi 39. Megh 40. Nat 41. Od 42. Pasi 43. Perna 44. Phrera, Pherera 45. Rehar, Rehara 46. Sanhai 47. Sanhal 48. Sansi, Bhedkut, Manesh 49. Sansoi 50. Sapela 51. Sarde, Sarera, Sarare, Siryare, Sarehde 52. Sikligar 53. Sipi 54. Sirkiband 55. Teli 56. Thathiar, Thathera (END)

PART VI A- JHARKHAND 1. Bantar 2. Baurri 3. Bhogta 4. Bhuiya 5. Chamar,Mochi 6. Choupal 7. Dabajar 8. Dhobi 9. Dom, Dhangad 10. Dusadh, Dhari, Dharhi 11. Ghasi 12. Halalkhor 13. Hair, Mehtar, Bhangi 14. Kanjar 15. Kuraiar 16. Lalbegi 17. Musahar 18. Nat 19. Pan, Sawasi 20. Pasi 21. Rajwar 22. Turi. 1. Ins. Act 30 of 2000, Sec.23 and Fifth Sch. (w.e.f. 15.11.2000) (END)

PART VII. - KARNATKA 1. Adi Andhra 2. Adi Dravida 3. Adi Karnataka 4. Adiya (in Coorg district) 5. Ager 6. Ajila 7. Anamuk 8. Aray Mala 9. Arunthathiyar 10. Arwa Mala 11. Baira 12. Bakad 13. Vant (In Belgaum, Bijapur, Dharwar and North Kanara districts) 14. Bakuda 15. Balagai 16. Bandi 17. Banjara, Lambani 18. Bathada 19. Beda Jangam, Budga Jangam 20. Bellara 21. Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi, Balmiki, Korar, Zadmalli 22. Bhambi, Bhambhi, Asadaru, Asodi, Chamadia,

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Chamar, Chambhar, Chamgar, Haralayya, Harali, Khalpa, Machigar, Mochigar, Madar, Madig, Mochi, Muchi, Telegu Mochi, Kamati Mochi, Ranigar, Rohidas, Rohit,Samgar 23. Bhovi 24. Bindla 25. Byagara 26. Chakkiliyan 27. Chalavadi, Chalvadi, Channayya 28. Chandala 29. Chenna Dasar, Holaya Dasar 30. Dakkal, Dokkalwar 31. Dakkaliga 32. Dhor, Kakkayya, Kankayya 33. Dom, Dombara, Paidi, Pano 34. Ellamalwar, Yellammalawandlu 35. Ganti Chores 36. Garoda, Garo 37. Godda 38. Gosangi 39. Halleer 40. Halsar, Haslar, Hulasvar, Halasvar 41. Handi Jogis 42. Hasla 43. Holar, Valhar 44. Holaya, Holer, Holeya 45. Holeya Dasari 46. Jaggali 47. Jambuvulu 48. Kadaiyan 49. Kalladi 50. Kepmaris 51. Kolupulvandlu 52. Koosa 53. Koracha 54. Korama 55. Kotegar, Metri 56. Kudumban 57. Kuravan 58. Lingader 59. Machala 60. Madari 61. Madiga 62. Mahar, Taral, Dhegu Megu 63. Mahyavanshi, Dhed, Vankar, Maru-maru-vonkar 64. Maila 65. Mala 66. Mala Dasari 67. Mala Hannai 68. Mala Jangam 69. Mala Masti 70. Mala Sale, Netkani 71. Mala Sanyasi 72. Mang, Matang, Minimadig 73. Mang Garudi, Mang Garodi 74. Manne 75. Masthi 76. Mavilan 77. Meghwal, Menghvar 78. Moge 79. Mukri 80. Mundala 81. Nadia, Hadi 82. Nalkadaya 83. Nalakeyava 84. Nayadi 85. Pale 86. Pallan 87. Pambada 88. Panchama 89. Panniandi 90. Paraiyan, Paraya 91. Paravan 92. Raneyar 93. Samagara 94. Samban 95. Sapari 96. Sillekyathas 97. Sindhollu, Chindollu 98. Sudugadu Siddha 99. Thoti 100. Tirgar, Tirbanda 101. Valluvan. (END)

PART VIII. - KERALA 1. Adi Andhra 2. Adi Dravida3. Adi Karnataka4. Ajila5. Arunthathiyar6. Ayyanavar 7. Baira8. Bakuda9. Bandi 10. Bathada 11. Bellara 12. Bharatar 13. Boyan [excluding the areas comprising the Malabar district as specified by sub-section (2) of section 5 of the States Reorganisation Act, 1956 (37 of 1956)] 14. Chakkiliyan 15. Chamar, Muchi 16. Chandala 17. Cheruman 18. Domban 19. Gavara 20. Godagali 21. Godda 22. Gosangi 23. Hasla 24. Holeya 25. Kadaiyan 26. Kakkalan 27. Kalladi 28. Kanakkan, Padanna 29. Karimpalan 30. Kavara 31. Koosa 32. Kootan, Koodan 33. Kudumban 34. Kuravan, Sidhanar 35. Maila 36. Malayan [in the areas comprising the Malabar district as specified by sub-section (2) of section 5 of the States Reorganisation Act, 1956 (37 of 1956)] 37. Mannan 38. Mavilan 39. Moger 40. Mundala 41. Nalakeyava 42. Nakadaya 43. Nayadi 44. Padannan 45. Pallan 46. Palluvan 47. Pambada 48. Panan 49. Panchama 50. Paraiyan, Parayan, Sambavar 51. Paravan 52. Pathiyan 53.

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Perumannan 54. Pulayan, Cheramar 55. Pulaya Vettuvan 56. Puthirai Vannan 57. Raneva 58. Samagara 59. Samban 60. Semman 61. Thandan 62. Thoti 63. Vallon 64. Valluvan 65. Vannan 66. Velan 67. Vetan 68. Vettuvan.(END)

PART IX. - MADYA PRADESH 1. Audhelia 2. Bagri, Bagdi 3. Bahna, Bahana 4. Balahi, Balai 5. Banchada 6. Barahar, Basod 7. Bargunda 8. Basor, Burud, Bansor, Bansodi, Bansphor, Basar 9. Bedia 10. Beldar, Sunkar 11. Bhangi, Mehtar, Balmiki, Lalbegi, Dharkar 12. Bhanumati 13. Chadar 14. Chamar, Chamari, Bairwa, Bhambhi, Jatav, Mochi, Regar, Nona, Rohidas, Ramnami, Satnami, Surjyabanshi, Surjyaramnami, Ahirwar, Chamar, Mangan, Raidas 15. Chidar 16. Chikwa, Chikvi 17. Chitar 18. Dahait, Dahayat, Dahat 19. Dewar 20. Dhanuh 21. Dhed, Dher 22. Dhobi (in Bhopal, Raisen and Sehore distirct) 23. Dohor 24. Dom, Dumar, Dome, Domar, Doris 25. Ganda, Gandi 26. Ghasi, Ghasia 27. Holiya 28. Kanjar 29. Katia, Patharia 30. Khatik 31. Koli, Kori 32. Kotwal (in Bhind, Dhar, Dewas, Guna, Gwalior, Indore, Jhabua, Khargone, Mandsaur, Morena, Rajgarh, Ratlam, Shajapur, Shivpuri, Ujjain and Vidisha districts) 33. Khangar, Kanera, Mirdha 34. Kuchbandhia 35. Kumar (in Chhatarpur, Datia, Panna, Rewa, Satna, Shahdol, Sidhi and Tikamgarh districts) 36. Mahar, Mehra, Mehar 37. Mang, Mang Garodi, Mang Garudi, Dankhani Mang, Mang Mahasi, Madari, Garudi, Radhe Mang 38. Meghwal 39. Moghia 40. Muskhan 41. Nat, Kalbelia, Sapera, Navdigar, Kubutar 42. Pardhi (in Bhind, Dhar, Dewas, Guna, Gwalior, Indore, Jhabua, Khargone, Mandsaur, Morena, Rajgarh, Ratlam, Shajapur, Shivpuri, Ujjain and Vidisha distircts) 43. Pasi 44. Rujjhar 45. Sansi, Sansia 46. Silawat 47. Zamral (END)

PART X.-MAHARASTRA 1. Ager 2. Anamuk 3. Aray Mala 4. Arwa Mala 5. Bahna, Bahana 6. Bakad, Bant 7. Balahi, Balai 8. Basor, Burud, Bansor, Bansodi 9. Beda Jangam, Budga Jangam 10. Bedar 11. Bhambi, Bhambhi, Asadaru, Asodi, Chamadia, Chamar, Chamari, Chambhar, Chamgar, Haralayya, Harali,

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Khalpa, Machigar, Mochigar, Madar, Madig, Mochi, Telegu Mochi, Kamati Mochi, Ranigar, Rohidas, Nona, Ramnami, Rohit, Samgar, Samagara, Satnami, Surjyabanshi, Surjyaramnami. 12. Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi, Balmiki, Korar, Zadmalli 13. Bindla 14. Byagara 15. Chalvadi, Channayya 16. Chenna Dasar, Holaya Dasar, Holeya Dasari 17. Dakkal, Dokkalwar 18. Dhor, Kakkayya, Kankayya, Dohor 19. Dom, Dumar 20. Ellamalvar, Yellammalawandlu 21. Ganda, Gandi 22. Garoda, Garo 23. Ghasi, Ghasia 24. Halleer 25. Halsar, Haslar, Hulasvar, Halasvar 26. Holar, Valhar 27. Holaya, Holer, Holeya, Holiya 28. Kaikadi (in Akola, Amravati, Bhandara, Buldana, Nagpur, Wardha and Yavatmal districts and Chandrapur district, other than Rajura tahsil) 29. Katia, Patharia 30. Khangar, Kanera, Mirdha 31. Khatik, Chikwa, Chikvi 32. Kolupulvandlu 33. Kori 34. Lingader 35. Madgi 36. Madiga 37. Mahar, Mehra, Taral, Dhegu Megu 38. Mahyavanshi, Dhed, Vankar, Maru Vankar 39. Mala 40. Mala Dasari 41. Mala Hannai 42. Mala Jangam 43. Mala Masti 44. Mala Sale, Netkani 45. Mala Sanyasi 46. Mang, Matang, Minimadig, Dankhni Mang, Mang Mahashi, Madari, Garudi, Radhe Mang 47. Mang Garodi, Mang Garudi 48. Manne 49. Mashti 50. Meghval, Menghvar 51. Mitha Ayyalvar 52. Mukri 53. Nadia, Hadi 54. Pasi 55. Sansi 56. Shenva, Chenva, Sedma, Ravat 57. Sindhollu, Chindollu 58. Tirgar, Tirbanda 59. Turi.(END)

PART XI.-MANIPUR 1. Dhupi, Dhobi 2. Lois 3. Muchi, Ravidas 4. Namasudra 5. Patni 6. Sutradhar 7. Yaithibi. Part XII.- Meghalaya 1. Bansphor 2. Bhuinmali, Mali 3. Brittial Bania, Bania 4. Dhupi, Dhobi 5. Dugla, Dholi 6. Hira 7. Jalkeot 8. Jhalo, Malo, Jhalo-Malo 9. Kaibartta, Jaliya 10. Lalbegi 11. Mahara 12. Mehtar, Bhangi 13. Muchi, Rishi 14. Namasudra 15. Patni 16. Sutradhar.(END)

PART XII: ORISSA 1. Adi Andhra 2. Amant, Amat 3. Audhelia 4. Badaik 5. Bagheti, Baghuti 6. Bajikar 7. Bari 8. Bariki 9. Basor, Burud 10. Bauari 11. Bauti 12. Bavuri 13. Bedia, Bejia 14. Beldar 15. Bhata 16. Bhoi 17. Chachati 18.

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Chakali 19. Chamar, Mochi, Muchi, Satnami 20. Chandala 21. Chandhai Maru 22. Cherua, Chhelia 23. Dandasi 24. Dewar 25. Dhanwar 26. Dhoba, Dhobi 27. Dom, Dombo, Duria Dom 28. Dosadha 29. Ganda 30. Ghantarghada, Ghantra 31. Ghasi, Ghasia 32. Ghogia 33. Ghusuria 34. Godagali 35. Godari 36. Godra 37. Gokha 38. Gorait, Korait 39. Haddi, Hadi, Hari 40. Irika 41. Jaggali 42. Kandra, Kandara 43. Karua 44. Katia 45. Kela 46. Khadala 47. Kodalo, Khodalo 48. Kori 49. Kummari 50. Kurunga 51. Laban 52. Laheri 53. Madari 54. Madiga 55. Mahuria 56. Mala, Jhala, Malo, Zala 57. Mang 58. Mangan 59. Mehra, Mahar 60. Mehtar, Bhangi 61. Mewar 62. Mundapotta 63. Musahar 64. Nagarchi 65. Namasudra 66. Paidi 67. Painda 68. Pamidi 69. Pan, Pano 70. Panchama 71. Panika 72. Panka 73. Pantanti 74. Pap 75. Pasi 76. Patial, Patikar, Patratanti, Patua 77. Rajna 78. Relli 79. Sabakhia 80. Samasi 81. Sanei 82. Sapari 83. Sauntia, Santia 84. Sidhria 85. Sinduria 86. Siyal 87. Tamadia 88. Tamudia 89. Tanla 90. Tiar, Tior 91. Turi 92. Ujia 93. Valamiki, Valmiki.

PART XIV.-PUNJAB 1. Ad Dharmi 2. Balmiki, Chura, Bhangi 3. Bangali 4. Barar, Burar, Berar 5. Batwal 6. Bauria, Bawaria 7. Bazigar 8. Bhanjra 9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi 10. Chanal 11. Dagi 12. Darain 13. Deha, Dhaya, Dhea 14. Dhanak 15. Dhogri, Dhangri, Siggi 16. Dumna, Mahasha, Doom 17. Gagra 18. Gandhila, Gandil, Gondola 19. Kabirpanthi, Julaha 20. Khatik 21. Kori, Koli 22. Marija, Marecha 23. Mazhabi 24. Megh 25. Nat 26. Od 27. Pasi 28. Perna 29. Pherera 30. Sanhai 31. Sanhal 32. Sansi, Bhedkut, Manesh 33. Sansoi 34. Sapela 35. Sarera 36. Sikligar 37. Sirkiband.

PART XV.-RAJASTHAN 1. Adi Dharmi 2. Aheri 3. Badi 4. Bagri, Bagdi 5. Bairwa, Berwa 6. Bajgar 7. Balai 8. Bansphor, Bansphod 9. Baori 10. Bargi, Vargi, Birgi 11. Bawaria 12. Bedia, Beria 13. Bhand 14. Bhangi, Chura, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi, Balmiki, Valmiki, Korar, Zadmalli 15. Bidakia 16. Bola 17. Chamar, Bhambhi, Bambhi, Bhambi, Jatia, Jatav,

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Jatava, Mochi, Raidas, Rohidas, Regar, Raigar, Ramdasia, Asadaru, Asodi, Chamadia, Chambhar, Chamgar, Haralayya, Harali, Khalpa, Machigai, Mochigar, Majar, Madig, Telugu Mochi, Kamati Mochi, Ranigar, Rohit, Samgar 18. Chandal 19. Dabgar 20. Dhanak, Dhanuk 21. Dhankia 22. Dhobi 23. Dholi 24. Dome, Dom 25. Gandia 26. Garancha, Gancha 27. Garo, Garura, Gurda, Garoda 28. Gavaria 29. Godhi 30. Jingar 31. Kalbelia, Sapera 32. Kamad, Kamadia 33. Kanjar, Kunjar 34. Kapadia Sansi 35. Khangar 36. Khatik 37. Koli, Kori 38. Kooch Band, Kuchband 39. Koria 40 Madari, Bazigar 41. Mahar, Taral, Dhegumegu 42. Mahyavanshi, Dhed, Dheda, Vankar, Maru Vankar 43. Majhabi 44. Mang, Matang, Minimadig 45. Mang Garodi, Mang Garudi 46. Megh, Meghval, Meghwal, Menghvar 47. Mehar 48 Nat, Nut 49. Pasi 50. Rawal 51. Salvi 52. Sansi 53. Santia, Satia 54. Sarbhangi 55. Sargara 56. Singiwala 57. Thori, Nayak 58. Tirgar, Tirbanda 59. Turi.(END)

PART XVI.-TAMILNADU 1. Adi Andhra 2. Adi Dravida 3. Adi Karnataka 4. Ajila 5. Arunthathiyar 6. Ayyanavar (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 7. Baira 8. Bakuda 9. Bandi 10. Bellara 11. Bharatar (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 12. Chakkiliyan 13. Chalavadi 14. Chamar, Muchi 15. Chandala 16. Cheruman 17. Devendrakulathan 18. Dom, Dombara, Paidi, Pano 19. Domban 20. Godagali 21. Godda 22. Gosangi 23. Holeya 24. Jaggali 25. Jambuvulu 26. Kadaiyan 27. Kakkalan (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 28. Kalladi 29. Kanakkan, Padanna (in the Nilgiris district) 30. Karimpalan 31. Kavara (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 32. Koliyan 33. Koosa 34. Kootan, Koodan (in Kanyakumari distict and Shenkottah taluk of Tirunelveli district) 35. Kudumban 36. Kuravan, Sidhanar 37. Madari 38. Madiga 39. Maila 40. Mala 41. Mannan (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 42. Mavilan 43. Moger 44. Mundala 45. Nalakeyava 46. Nayadi 47. Padannan (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 48. Pagadai 49. Pallan 50. Palluvan 51. Pambada 52. Panan (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 53. Panchama 54. Pannadi 55. Panniandi 56. Paraiyan, Parayan, Sambavar 57. Paravan (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 58. Pathiyan (in Kanyakumari district and Shenkottah taluk of Tirunelveli

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district) 59. Pulayan, Cheramar 60. Puthirai Vannan 61. Raneyar 62. Samagara 63. Samban 64. Sapari 65. Semman 66. Thandan (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 67. Thoti 68. Tiruvalluvar 69. Vallon 70. Valluvan 71. Vannan (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 72. Vathiriyan 73. Velan 74. Vetan (in Kanyakumari district and Shenkottah taluk of Tirunelveli district) 75. Vettiyan 76. Vettuvan (in Kanyakumari district and Shenkottah taluk of Tirunelveli district)(END)

PART XVII.-TRIPURA 1. Bagdi 2. Bhuimali 3. Bhunar 4. Chamar, Muchi 5. Dandasi 6. Dhenuar 7. Dhoba 8. Dum 9. Ghasi 10. Gour 11. Gur 12. Jalia Kaibarta 13. Kahar 14. Kalindi 15. Kan 16. Kanda 17. Kanugh 18. Keot 19. Khadit 20. Kharia 21. Koch 22. Koir 23. Kol 24. Kora 25. Kotal 26. Mahisyadas 27. Mali 28. Mehtor 29. Musahar 30. Namasudra 31. Patni 32. Sabar.(END)

PART XVIII.-UTTAR PRADESH 1. Agariya 2. Badhik 3. Badi 4. Baheliya 5. Baiga 6. Baiswar 7. Bajaniya 8. Bajgi 9. Balahar 10. Balai 11. Balmiki 12. Bangali 13. Banmanus 14. Bansphor 15. Barwar 16. Basor 17. Bawariya 18. Beldar 19. Beriya 20. Bhantu 21. Bhuiya 22. Bhuyiar 23. Boria 24. Chamar, Dhusia, Jhusia, Jatava 25. Chero 26. Dabgar 27. Dhangar 28. Dhanuk 29. Dharkar 30. Dhobi 31. Dom 32. Domar 33. Dusadh 34. Gharami 35. Ghasiya 36. Gond 37. Gual 38. Habura 39. Hari 40. Hela 41. Kalabaz 42. Kanjar 43. Kapariya 44. Karwal 45. Khairaha 46. Kharwar(excluding Benbansi) 47. Khatik 48. Khorot 49. Kol 50. Kori 51. Korwa 52. Lalbegi 53. Majhwar 54. Mazhabi 55. Musahar 56. Nat 57. Pankha 58. Parahiya 59. Pasi,Tarmali 60. Patari 61. Rawat 62. Saharya 63. Sanaurhiya 64. Sansiya 65. Shilpkar 66. Turaiha.(END)

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PART XIX.-WEST BENGAL 1. Bagdi, Duley 2. Bahelia 3. Baiti 4. Bantar 5. Bauri 6. Beldar 7. Bhogta 8. Bhuimali 9. Bhuiya 10. Bind 11. Chamar, Charmakar, Mochi, Muchi, Rabidas, Ruidas, Rishi 12. Chaupal 13. Dabgar 14. Damai (Nepali) 15. Dhoba, Dhobi 16. Doai 17. Dom, Dhangad 18. Dosadh, Dusadh, Dhari, Dharhi 19. Ghasi 20. Gonrhi 21. Halalkhor 22. Hari, Mehtar, Mehtor, Bhangi 23. Jalia Kaibartta 24. Jhalo Malo, Malo 25. Kadar 26. Kami (Nepali) 27. Kandra 28. Kanjar 29. Kaora 30. Karenga, Koranga 31. Kaur 32. Keot, Keyot 33. Khaira 34. Khatik 35. Koch 36. Konai 37. Konwar 38. Kotal 39. Kurariar 40. Lalbegi 41. Lohar 42. Mahar 43. Mal 44. Mallah 45. Musahar 46. Namasudra 47. Nat 48. Nuniya 49. Paliya 50. Pan, Sawasi 51. Pasi 52. Patni 53. Pod, Poundra 54. Rajbanshi 55. Rajwar 56. Sarki (Nepali) 57. Sunri (excluding Saha) 58. Tiyar 59. Turi. (END)

1[PART XX.-MIZORAM 1. Bansphor 2. Bhuinmali or Mali 3. Brittial-Bania or Bania 4. Dhupi or Dhobi 5. Dugla or Dholi 6. Hira 7. Jalkeot 8. Jhalo, Malo or Jhalo-Malo 9. Kaibartta or Jaliya 10. Lalbegi 11. Mahara 12. Mehtar or Bhangi 13. Muchi or Rishi 14. Namasudra 15. Patni 16. Sutradhar(END).] (1. Ins. by Act 34 of 1986, s. 13 and the First Sch. (w.e.f. 20-2-1987).

APPENDIX – II STATE WISE SCHEDULED TRIBES Andhra Pradesh 1. Andh 2. Bagata 3. Bhil 4. Chenchu, chenchwar 5. Gadabas 6. Gond. Naikpod, Rajgond 7. Gondu (in the Agency tracts) 8. Hill Raddis 9. Jatapus 10. Kammara 11. Kattunayakan 12. Kolam, Mannervarlu 13. Konda Dhoras 14. Konda Kapus 15. Konareddis 16. Kondhs, Kodi, Kodhu, Desaya Kondhs, Dongria Kondhs, Kuttiya Kondhs, Tikiria Kondhs, Venity Kondhs. 17. Kotia, Bentho Oriya, Bartika, Dhulia, Dulia, Holva, Paiko, Putiya, Sanrona, Sidhopaiko 18. Koya, Goud, Rajah, Rasha Koya, Lingadhari Koya (oridinarya), Kottu Koya, Bhinc Koya, Rajkoya 19. Kulia 20. Malis (Excluding adilabad, Hyderabad, Karimnagar, Khammam, Mahubnagar, Medak, Nalgonda, Nizambad and Warangal districts) 21. Manna Dhora 22. Mukha Dhora, Nooka Dhora 23. Nayaks (in the Agency tracts) 24. Pardhan 25. Porja, Parangiperja 26. Reddi Dhoras 27. Rona, Rena 28. Savaras, Kapu Savaras, Maliya Savaras, Khutto Savaaras 29. Sugalis, Lambadis

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30. Thoti (in Adilabad, Hyderabad, Karimnagar, Khammam, Bahbubnagar, Medak, Nalgonda, Nizamabad and Warangal district) 31. Yalmiki (in the Agency tracts) 32. Yenadis 33. Yerukulas Andaman Nicobar 1. Andamanesc, Chariar, Chari, Kora, Tabo, Bo, Yere, Kedc, Bea, Balawa, Bojigiyab, Juwai, Kot 2. Jarawas 3. Nicobarese 4. Onges 5. Sentinelese 6. Shom Pens Assam I. In the autonomous Districts: 1. Chakma 2. Dimasa,Kachari 3. Garo 4. Hajong 5. Hmar 6. Khasi, Jaintia, Synteng, Pnar,War, Bhoi, Lyngngam 7. Any Kuki Tribes, including:-(i) Biatc, bietc(ii) Changsan(iii) Chongloi(iv) Doungel(v) Gamalhou(vi) Gangte(vii) Guite(viii) Hanneng(ix) Haokip, Haupit (x) Haolai(xi) Hengna(xii) Hongsung(xiii) Hrangkhwal, Rangkhol(xiv) Jongbe(xv) Khawchung (xvi) Khawathlang, Khothalong(xvii) Khelma(xviii) Kholhou(xix) Kipgen(xx) Kuki(xxi) Lenghtang(xxiii) Lhoujem(xxiv) Lhouvun(xxv) Lupheng(xxvi) Mangiel(xxvii) Misao(xxviii) Riang(xxix) Sairhem(xxx) Selnam(xxxi) Singson(xxxii) Sitlhou(xxxiii) Sukte(xxxiv) Thado(xxxv) Thangngeu(xxxvi) Uibuh(xxxvii) Vaiphei 8. Lakher 9. Man (Tai Speaking) 10. Aany Mizo (Lushai) tribes 11. Mikir 12. Any Naga Tribes 13. Pawi 14. Syntheng

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II. In the state of Assam excluding the autonomous districts: 1. Barmans in Cachar 2. Boro, Borokachari 3. Deori 4. Hajai 5. Kachari, Sonwal 6. Lalung 7. Mech 8. Miri 9. Rabha Bihar 1. Asur 2. Baiga 3. Banjara 4. Bathudi 5. Bedia 6. Bhumij (in North Chotanagpur and South chotanagpur division and Santal Parganas Districts) 7. Binjhia 8. Birhor 9. Birjia 10. Chero 11. Chik Baraik 12. Gond 13. Gorait 14. Ho 15. Karmali 16. Kharia 17. Kharwar 18. Khond 19. Kisan 20. Kora 21. Korwa 22. Lohara, Lohra 23. Mahli 24. Mal Paharia 25. Munda 26. Oraon 27. Parhaiya 28. Santal

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29. Sauria Paharia 30. SavarNote:* UNDIVIDED (Including Jharkhand) Dadra & Nagar Haveli 1. Dhodia 2. Dubla including Halpati 3. Kathodi 4. Kokna 5. Koli Dhor including Kolgha 6. Naikda or Nayaka 7. Varli Daman & Diu Throughout the Union territory: 1. Dhodia 2. Dubla (Halpati) 3. Naikda (Talavia) 4. Siddi (Nayaka) 5. Varli.

Goa 1. Dhodia 2. Dubla (Halavia) 3. Naikda (Talavia) 4. Siddi (Nayaka) 5. Varli. Gujarat 1. Barda 2. Bavacha, Bamcha 3. Bharwad (in the Nesses of the forests of Alech,Barada and Gir) 4. Bhil, Bhil Garasia, Dholi Bhil, Dungri Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil Tadvi Bhil, Bhagalia, Bhilala, Pawra, Vasava, Vasave. 5. Charan (in the Nesses of the forests of Alech, Barada and Gir) 6. Chaudhri (in surast and Vvalsad districts) 7. Chodhara 8. Dhanka,Tadvi, Tetaria, Valvi 9. Dhodia

Development of Scheduled Castes and Scheduled Tribes in India

10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.

199

Dubia Dubla Talavia, Halpati Gamit, Gamta, Gavit Mavchi, Padvi Kathodi, Katkari, Dhor Kathodi, Dhor Katkari, Son Kathodi, Son Katkari Kokna, Kokni, Kukna Koli (in Kutch district) Koli Dhor, Tokre Koli, Kolcha, Kongha Kunbi (in the Dangs districts) Naikda, Nayaka, Cholivala Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka Padhar Paradhi (in Kutch District) Pardhi, Advichincher, Phanse Pardhi (excluding Amreli, Bhavanagar, Jamnagar, Jungadh, Kutch, Rajkot and Surrendranagar district) Patelia Pomla Rabari (in the Nesses of the forest of Alech, Barada and Gir) Rathawa Siddi (in Amreli, Bhavnagar, Jamnagar, Junagadh, Rajkot and Surendranagar districts) Vaghri (in Kutch district) Varli Vitolia, Kotwalia, Barodia

Himachal Pradesh 1. Bhot, Bodh 2. Gaddi (Excluding the territories specified in sub-section (1) of section 5 of the Punjab Reorganization Act, 1966 (31 of 1966), other than the Lahaul and Spiti district) 3. Gujjar (Excluding the territories specified in sub-section (1) of Section 5 of the Punjab Reorganization Act, 1966 (31 of 1966) 4.. Jad, Lamba, Khampa 5. Kanaura, Kinnara 6. Lahaula 7. Pangwala 8. Swangla Jammu & Kashmir 1. Balti

200

2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Appendix II

Beda Boto Brokpa, Drokpa, Dard, Shin Changpa Garra Mon Purigpa Gujjar Bakarwal Gaddi Sippi

Karnataka 1. Adiyan 2. Barda 3. Bavacha, Bamcha 4. Bhil, Bhil Garasia, sholi Bhil, Dungri Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala, Pawra, Vasava, Vasave 5. Chenchu, Chenchwar 6. Chodhara 7. Dubla, Talavia, Halpati 8. Gamit, Gamta, Gavit, Mavchi, Padvi, Valvi 9. Goud, Naikpod, Rajgond 10. Gowdalu 11. Hakkipikki 12. Hasalaru 13. Irular 14. Iruliga 15. Jenu Kuruba 16. Kadu Kuruba 17. Kammara (in South Kanara district and Kollegal taluk of Mysore district) 18. Kanivan, Kanyan (in Kollegal taluk of Mysore district) 19. Kathodi, Katkari, Dhor Kathodi, Dhor Katkari, Son Kathodi, Son Katkari 20. Kattunayakan 21. Kokna, Kokni, Kukna 22. Koli Dhor, Tokre Koli, Kolcha, Kolgha 23. Konda Kapus 24. Koraga 25. Kota 26. Koya, Bhine Koya, Rajkoya 27. Kudiyam Melekudi 28. Kuruba (in Coorg district) 29. Kurumans 30. Maha Malasar 31. Malaikudi 32. Malasar 33. Malayekandi 34. Maleru 35. Maratha (in Coorg district) 36. Marati (in south Kanara district) 37. Meda 38. Naikda, Nayaka, Chollivala Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka, Naik Nayak, Beda, Bedar, and Valmiki. 39. Palliyan 40. Paniyan 41. Pardhi, Advichincher, Phase Pardhi 42. Patelia 43. Rathawa 44. Sholaga 45. Soligaru 46. Toda 47. Varli 48. Vitolia, kotwalia, barodia 49. Yerava Kerala 1. Adiyan 2. Arandan 3. Eravallan 4. Hill Pulaya 5. Iular, Irulan 6. Kadar 7. Kammara (in the areas comprising the Malabar district as specified by sub- section (2) of section 5 of the States Reorganization Act. 1956 (37 of 1956) 8. Kanikaran, Kanikkar 9. Kattunayakan 10. Kochu Velan 11. Konda Kapus 12. Kondareddis 13. Koraga 14. Kota 15. Kudiya, melakudi 16. Kurrichchan 17. Kurumans 18. Karumbas 19. Maha Malasar 20. Malai Arayan 21. Malai Pandaram 22. Malai Vedan 23. Malakkuravan 24.

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Malasar 25. Malayan (excluding the areas comprising the Malabar district as specified by subsection (2)of section 5 of the States Reorganization Act. 1956 (37 of 1956) 26. Malayaryar 27. Mannan 28. Marati (in Hosdrug and Kasaragod taluks of Connanore district) 29. Muthuvan, Modugar, Muduvan 30. Palleyan 31. Palliyan 32. Palliyar 33. Paniyan 34. Ulladan 35. Uraly Lakshwdeep Throughout the union territory: - Inhabitants of the Laccadive, Minicoy and Aminidivi Islands who, and both of whose parents, were born in those islands. Madya Pradesh 1. Agariya 2. Andh 3. Baiga 4. Bhaina 5.Bharia Bhumia, Bhuinhar Bhumia, Bhumiya, Bharia, Paliha, Pando 6. Bhattra 7. Bhil, Bhilala, Barela, Patelia 8. Bhil Mina 9. Bhunjia 10. Biar, Biyar 11. Binjhwar 12. Birhul, Birhor 13. Damor, Damaria 14. Dhanwar 15. Gadaba, Gadba 16. Gond; Arakh, Arrakh, Agaria, Asur, Bedi Maria, Bhatola, Bhimma, Bhuta, Koliabhuta, Koliabhuti, Bar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaikai, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kendra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kucha Maria, Kuchaki Maria, Media, Maria, Mana, Mannewar, Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj, Sonjhari Jhareka, Thatia, Thotya, Wade, Maria, Vade Maaria, Daroi 17. Halba, Halbi 18. Kamar 19. Karku 20. Kawar, Kanwar, Kaur, Cherwa, Rathia, Tanwar, Chhatri 21. Keer (in Bhopal, Raisen and Sehore (districts) 22. Khairwar, kondar 23. Kharia 24. Kondh, Khond Kandh 25. Kol

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Appendix II

26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36.

Kolam Kokrum Bochi, Mouasi, Nihal, Nahul Bondhi, Bondeya Korwa, Kodaku Majhi Majhwar Mawasi Mina (in Sironj sub-division of Vidisha district) Munda Nagesia, Nagasia Oraon, dhanka, Dhangad Panika (in Chhatarpur, Datia, Panna, Rewa, Satna, Shahdol, Didhi and Tikamgarh districts) 37. Pao 38. Pardhan, Pathari, saroti 39. Pardhi (in Bhopal, Raisen and Sehore districts) 40. Pardhi, Behelia, Behellia, Chita Pardhi, Langoli Pardhi, Phans Pardhi, Shikari, Takankar, Takia (In (1) Bastar, Chhindwara, Mandla, Raigarh, Seoni And Surguja Districts, (2) Baihar Tahsil Of Balaghat District, (3) Betul And Bhainsdehi Tahsils of Betul District, (4) Bilaspur And Katghora Tahsils Of Bilaspur District, (5) Durg And Balod Tahsils of Durg District, (6) Chowki, Manpur And Mohala Revenue Inspector’s Circles Of Rajnandgaon District, (7) Murwara, Patan And Sihora of Jabalpur District, (8) Hoshangabad And Sohagpur Tahsils of Hoshangabad District And Narsimhapur District, (9) Harsud Tahsil of Khandwa District, (10) Bindra-Nawagarh, Dhamtari And Mahasammun Tahsils of Raipur District) 41. Parja 42. Sahariya, Saharia, Scharia, Schria, Sosia, Sor 43. Saonta, saunta 44. Saur 45. Sawar, Sawara 46. Sonr. * Undivided(Including Chhatishgarh) Maharashtra 1. Andh 2. Baiga 3. Barda 4. Bavacha, Bamcha 5. BhainaBharia 6. Bhumia, Bhuinhar Bhumia, Pando

Development of Scheduled Castes and Scheduled Tribes in India

7. 8.

203

Bhattra Bhil, Bhil garasia, Dholi, Bhil, Dangri Bhil, Dungri Garasia, Mewsi Bhil, Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala Pawra, Vasava, Vasave 9. Bhunjia 10. Binjhwar 11. Birhul, Birhor 12. Chodhara (excludign Akola, Amravati, Bhandara, Buldana, chandrapur, Nagpur, Wardha, Yavatmal, Aurangabad, Bhirm, Nanded, Osmanabad and Parbhani districts) 13. Dhanka, Tadvi, Tetaria, Valvi 14. Dhanwar 15. Dhodia 16. Dubla Talavia, Halpati 17. Gamit, Gamta, Gavit, Mavchi, Padvi 18. Gond, Rajgond, Arakh, Arrakh, Agaria, Asur, Bedi Maria, Bada Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koilabhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Kaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandara Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kucha Maria, Kuchaki Maria, Media, Maria, Mana, Meannewar, Moghya, Mogia Moghya, Mudia, Muria, Nagarchi, Naikpod, Nagwanshi, Ojha, Raj Sonjhari Jhareka, Thatia, Thotya, Wade Maria, Vade Maria. 19. Halba, Balbi 20. Kamar 21. Kathodi, Katkari, Dhor Kathodi, Dhor Kathkari, Son Kathodi, Son Katkari 22. Kawar, Kanwar, Kaur, Cherwa, Rathia, Tanwar, Chattri 23. Khairwar 24. Kharia 25. Kokna, Kokni, Kukna 26. Kol 27. Kolam, Mannervarlu 28. Koli dhor; Tokre Koli, Kolcha, Kolgha 29. Koli Mahadev, Dongar Koli 30. Koli Malhar 31. Kondh, Khond, Kandh 32. Korku, Bopchi, Mouasi, Nihal, Nahul, Bondhi, Bondeya 33. Koya, Bhine Koya, Rajkoya 34. Nagesia, Nagasia

204

35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47.

Appendix II

Naikda, Nayaka, Cholivala Nayaka, Kapadia Nayaka,, Mota Nayaka, Nana Nayaka Oraon, Dhangad Pardhan, Pathari, saroti Pardhi, Advichincher, Phans Pardhi, Phanse Pardhi, Langoli Pardhi, Behelia, Behellia, Chita Pardhi, Shikari, takankar, Takia Parja Patelia Pomla Rathwa Sawar, Sawara Thakur, Thakar, Ka Thakar, Ma Thakur, Ma Thakar Thoti (in Aurangabad, Bhir Nanded, Osmanabed and Parbhani districts and Rajura tahsil of Chandrapur district) Varli Vitolia, Kotwalia, Barodia

Manipur 1.Aimol2. Anal3. Angami4. Chiru5. Chothe6. Gangte7. Hmar8. Kabui9. Kacha naga10. Koirao11. Koireng12. Kom13. Lamgang14. Mao15. Maram16. Maring17. Any Mizo (Lushai) tribes18. Monsang19. Moyon20. Paite21. Puum22. Ralte23. Sema24. Simte25. Suhte26. Tangkhul27. Thadou28. Vaiphui29. Zou Meghalaya 1. Chakma2. Dimasa, Kachari3. Garo4. Hajong5. Hmar6. Khasi, Jaintia, Synteng, Pnar, War, Bhoi, Lyngngam7. Kuki, including the following subtribes :-i. Biate, Bieteii. Changsan iii. Chongloiiv. Doungelv. Gamalhouvi. Gangtevii. Guiteviii. Hannengix. Haokip, Haupitx. Haolaixi. Hengnaxii. Hongsunghxiii. Hrangkhwal, Rangkholxiv. Jongbexv. Khawchungxvi. Khawathlang, Khothalongxvii. Khelmaxviii. Khoohouxix. Kipgenxx. Kukixxi. Lengthangxxii. Lhangumxxiii. Lhoujemxxiv. Lhouvunxxv. Luphengxxvi. Mangjelxxvii. Misaoxxviii. Riangxxix. Sairhemxxx. Selnamxxxi. Singsonxxxii. Sitlhouxxxiii. Suktexxxiv. Thadoxxxv. Thangngcuxxxvi. Uibuhxxxvii. Vaiphei 8. Lakher9. Man (Tai Speakign)10. Any Mizo (Lushai) tribes11. Mikir12. Any Naga Tribes13. Pawi14. Synteng15. Boro kacharis 16. Koch17. Raba, rava Mizoram 1. Chakma2. Dimasa (kachari) 3. Garo4. Hajong 5. Hmar6. Khasi and Jaintia, (Including Khasi, synteng or Pnar, War, Bhoi or Lyngngam)7.

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Any Juki tribes, including: - (i) Baite or beite (ii) Changsan(iii) Chonloi (iv) Doungel(v) Gamalhu(vi) Gangte(vii) Guite(viii) Hanneng(ix) Haokip or Haupit(x) Haolai (xi) Hengna(xii) Hongsungh(xiii) Hrangkhwal or Rangkhol (xiv) Jongbe (xv) Knawchung(xvi) Knawathlang or Khothalong (xvii) Khelma(xviii) Kholhou (xix) Kipgen(xx) Kuki(xxi) Lenthang(xxii) Lhangum(xxiii) Lhoujem(xxiv) Lhouvun(xxv) Lupheng(xxvi) Mangjel(xxvii) Missao(xxviii) Riang(xxix) Siarhem(xxx) Selnam(xxxi) Singson(xxxii) Sitlhou(xxxiii) Sukte(xxxiv) Thado(xxxv) Thangneu(xxxvi) Uibuh(xxxvii) Vaiphei 8. Lakher9. Man (Taispeaking)10. Any Mizo (Lushai) tribes11. Mikir12. Any Naga tribes.13. Pawi14. Synteng. Nagaland 1.Naga 2.Kuki

3.Kachari

4.Mikir 5.Garo

Orissa 1.Bagata2. Baiga3. Banjara, Banjari4. Bathudi5. Bhottada, Dhotada6. Bhuiya, Hbuyan7. Bhumia8. Bhumij9. Bhunjia10. binjhal11. Binihia, Binjhoa12. Birhor13. Bondo Poraja14. Chenchu15. Dal16. Desua Bhumij17. Dharua18. Didayi19. Gadaba20. Gandia21. Ghara22. Gond, gondo23. Ho24. Holva25. Jatapu26. Jung27. Kandha gauda28. Kawar29. Kharia, Kharian 30. Kharwar31. Khond, Kond, Kandha, Nanguli Kandha, Sitha Kendha32. Kisan33. Kol34. Kolah Laharas, Kol Laharas35. Kolha36. Koli, Malhar37. Kondadora38. Kora39. Korua40. Kotia41. Koya42. Kulis43. Lodha44. Madia45. Mahali46. Mankidi47. Mankirdia48. Matya49. Mirdhas50. Munda, Munda Lahora, Munda Mahalis51. Mundari52. Omanatya53. Oraon54. Parenga55. Paroja56. Pentia57. Rajuar58. Santal59. Saora, Sever, Saura, Sahara 60. Shabar, Lodha61. Sounti62. Tharua Rajasthan 1. Bhil, Bhil Garasia, Dholi Bhil, Dungri Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi, Bhagalia, Bhilala, Pawra, Vasava, vasave 2. Bhil Mina 3. Damor, Damaria 4. Dhanka, Tadvi, Tetaria, Valvi 5. Garasia (Excluding Rajput Garasia) 6. Kathodi, Katkari, Dhor Kathodi, Dhor Katkari, Son Kathodi, Son Katkari 7. Kokna, Kokni, Kukna

206

Appendix II

8. Koli dhor, tokre Koli, Kolcha, Kolgha 9. Mina 10. Naikda, Nayaka, Cholivala Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka 11. Patelia Seharia, Sehria, Sahariya. Sikkim 1. Bhutia (including Chumbipa, Dopthapa, Dukpa, Kagatcy, Sherpa, Tibetan, Tromopa, Yolmo) 2. Lapeha Tamilnadu 1. Adiyan2. Aranadan3. Eravallan4. Irular5. Kadar6. Kammara (excluding Kanyakumari district and Shenkottah taluk of Tirunelveli district) 7. Kanikaran, kanikkar (in Kanyakumari district and Shenkottah taluk of Tirunelveli district)8. Kaniyan, Kanyan9. Kattunayakan10. Kochu Vclan11. Konda Kapus 12. Kondareddis13. Koraga14. Kota (excluding Kanyakumari district and Shenkottah taluk of Tiruneleli district) Kudiya, Melakudi15. Kudiya, Melakudi16. Kurichchan17. Kurumbas (in the Nilgiris district)18. Kurumans19. Maha Malsar20. Malai Arayan21. Malai Pandaram22. Malai Vedan23. Malakkuravan24. Malasar25. Malayali (in Dharmapuri, North Arcot Pudukottai, Salem, south Areot and Tiruchirapali districts) 26. Malayekandi27. Mannan28. Mudugar, Muduvan29. Muthuvan30. Palleyan31. Palliyan32. Palliayar33. Paniyan34. Sholaga35. Toda (excluding Kanyakumari district and Shemkottah Taluk of Tirunelveli district)36. Uraly Tripura 1. Bhil2. Bhutia3. Chaimal4. Chakma5. Garoo6. Halam7. Jamatia8. Khasia9. Kuki, including the following sub-tribes:- (i) Baite(ii) Belalhut(iii) Chhalya(iv) Fun(v) Hajango(vi) Jangtei(vii) Khareng(viii) Khephong(ix) Kuntei(x) Laifang(xi) Lentei(xii) Mizel(xiii) Namte(xiv) Paitu, paite(xv) Rangchan(xvi) Rangkhole(xvii) Thangluya10. Lepcha11. Lushai12. Mag13. Munda, Kaur14. Noatia15. Orang16. Raing17. Santal18. Tripura, tripuri, tippera 19. Uchai. Uttar Pradesh 1. Bhotia 2. Buksa 3. Jaunsari 4. Note:- * UNDIVIDED (Including Uttaranchal)

Raji 5. Tharu

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West Bengal 1. Asur2. Baiga 3. Badia,Bediya4. Bhumij5. Bhutia,Sherpa, Toto, Dukpa, Kagatay, Tibetan, Yolmo.6. Birhor7. Birjia 8. Chakma 9. Chero 10. Chik Baraik11. Garo12. Gond13. Gorait14. Hajang 15. Ho16. Karmali17. Kharwar18. Khond 19. Kisan20. Kora 21. Korwa 22. Lepcha23. Lodha, Kheria, Kharia24. Lohara, Lohra.25. Magh 26. Mahali27. Mahli28. Mal Pahariya29. Mech30. Mru31. Munda 32. Nagesia33. Oraon34. Parhaiya35. Rabha36. Santal 37. Sauria Paharia 38. Savar. Arunachal Pradesh All tribes in the state including : - 1. Abor2. Aka3. Apatani4. Dafla5. Galong6. Khampti7. Khowa8. Mishmi9. Momba10. Any Naga tribes11. Sherdukpen12. Singpho.

CONTRIBUTORS

Dandge R.G. is Head and Professor, Department of Economics, Shivaji University, Kolhapur. He is a author and also translated a book. He has published many articles in reputed journals. As well as he completed tworesearch projects, which funded by UGC, Delhi. (E-Mail: [email protected]) De Paushali is research scholar in NALSAR (National Academy of Legal Studies and Research), University of Low, Hyderabad. Desai Pratibha is a Lecturer in Sociology, at Arts and Commerce College Solapur. Her two books are forthcoming. (E-Mail: [email protected]) Ghatage Balasaheb is the Head and Profesor in Dept. of Social work in Karmveer Hire College, Gargoti (Kolhapur). He is author of two books, named ‘Nomadic Tribes and social work in India’ (Shruti Pub.) and ‘Psyco-Social Problems of out castes People in India’ (Shruti). His Fourthcoming book is ‘Community development and Problems of Nomadic Tribes in India’. He also published three books in local language (Marathi). He completed a major research project funded by UGC, Delhi. He has published many articles in various edited books and reputed journals. He visited America (2007). Haokip Tinkhonei is UGC fellow in Tilak Maharashtra University, Pune. Jadhav Praveen is the Head and Professor of Economics Dept. in Tilak Maharashtra University; Pune. He is author of three books named, ‘SocioEconomic status of Schedueld Castes: Comparative Study’ (Vision Pub.), ‘Ambedkar’s People in India’ (Rajat Pub.), Environmental Economics (Rajat Pub.) and fourthcoming two books. His published twenty-five articles in reputed journals and newsletters. (E-Mail: [email protected] )

Development of Scheduled Castes and Scheduled Tribes in India

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Jogdand P.G. is the Head and Professor of Sociology Dept. in Mumbai University. He is UGC nominee, Delhi. He is author of a book named ‘Dalit Movement in Maharashtra (Kanak, 1991). He has edited 3 books ‘Dalit Women: Issues and Perspectives (Gyan, 1995), New Economic Policy and Dalits (Rawat, 2000), and Globalisation and Social Movements-Struggle for Human Society (Rawat, 2003). His two books are fourthcomings. He has visited Moscow, Russia (1999), Germany (2003), U.K.(2003) and Paris (2007). His research articles are published in various reputed journals, edited books and leading newspapers. (E-Mail: [email protected]) Kakade Suresh is retired professor of Political Science from I.I.E., Pune. Presently, he is visiting faculty in the Education Dept., Pune University. He is author of three books, named ‘Scheduled Castes and National Integration: A Case study in Marathawada’ (Radiant) ‘Development of Political Theory’ and ‘Development Administration’ and ‘Panchayat Raj ‘(Prachi) His forty articles are published in journals and newspapers. His two books are fourthcoming. He has completed 6 Projects funded by UGC, ICSSR, Delhi. (E-Mail: [email protected]) Kamble Gautam He is a Lecturer of Economics, New College, Kolhapur, He is Gold medalist in economics of Shivaji University, Kolhapur. He has assitsted two project in JNU, Delhi. His ten articles are published in books and journals. Kirtiraj D.C. is a Lecturer in Social Work Dept., Bharati University, Pune. He is editor of Journal, ‘Bahujan Asantosh’. His articles are published in Journals. He has submitted research Project to Govt. of Maharashtra on ‘The study of atrocities on SCs, STs : Special Referece to Jalana district, Maharashtra’. (E-Mail: [email protected]) Koli Manohar is C.I.D. Police Inspector, Kolhapur (Maharashtra). Nirupama is research scholar in NALSAR (National Academy of Legal Studies and Research), University of Low, Hyderabad. Patil Smita is research scholar in Jawaharlal Nehru University, Delhi. She is welknown in Dalit feminism and vistited to France, Pakistan and Austrelia. (E-Mail:[email protected].)

210

Contributors

Shinde D.D. is lecturer in Economics dept. in Arts and Commerce College, Pune. His two books are forthcomings. Swagata is research scholar in NALSAR (National Academy of Legal Studies and Research), University of Low, Hyderabad. Tiwari Babita is an active member of the Inner wheel Club of Kanpur (E-Mail: [email protected])