| Rights to Criminal Justice |
NCDHR
khairlanji (Maharashtra) one of the latest incidents of gruesome violence against Dalits where all in a family except one was brutally killed by uppercastes
undertakes daily monitoring of secondary media sources (newspapers, internet, etc.) in order to find all reported Dalit Human Rights violations that have taken place in the 14 states in which we operate. These findings are compiled on the basis of district and type of violence. After compiling the cases, necessary actions like fact-finding missions, contact with concerned authority, advocacy, and court follow-up are taken up depending upon the gravity of the issue.
NCHDR conducts its fact finding by visiting the places where the violation/atrocity has taken place and collecting first hand information regarding the incident. The fact finding team is formed of trained staff members and other human right defenders, lawyers, and members of local organizations. After collecting first hand information, the members of our Monitoring desk and legal team prepare the fact-finding report. This fact-finding report gives feedback to the government, duty bearer, NGOs, movements, and national and international human rights bodies regarding the incident, indicating steps taken by the duty bearer, and recommendations for bringing justice to the Dalit victims.
Our Legal desk assists in cases of Dalit atrocities and human rights violations, carrying out legal empowerment through legal aid and interventions in formal courts and criminal administration mechanisms, as well as meetings with various mandals, lawyers, activists, and members of commissions and NGOs who can help bring justice.
RESEVATION AND DALITS
Reservation policy has been one of the corner stones of Dalit empowerment. But it has been implemented half heartedly from the beginning .The Dalit job force in the country concentrated largely either on the traditionally assigned degraded low paid jobs or to low class sweeper jobs in govt and supported services.
15% of the jobs in state and state supported departments to be reserved for the Dalits according to the existing rule considering the population strength 16.5% (Census report , 2001). But the vast private sector is excluded despite repeated and long demands from the Dalit organization to include it also within the purview of reservation .
Privatization of public sector units have already pushed majority of the Urban Dalits to casual labor with the decline of salaried jobs
By sticking on formal methods of recruitments, the large private sector which opts for higher education and technical skills excludes the majority of the deprived sections.
This reinforcement of past job discrimination resulted in the over representation of Dalits in the poorly paid dead end jobs.
Whenever they tried to shift to some better occupation were abused or beaten up by the uppercastes. The prescribed 15% of jobs in all classes of jobs falls short particularly in higher class jobs.
Dalits are over represented in low class jobs like sweepers in public sector indicating the caste based occupational allocation
The back log of SC/ST appointment in states service is 25,000 and 10,00,000 in central govt Some vacancies under reservation is not filled since 1978.About 54.30%in central govt departments,45.10% in public sector banks and 88.18% in public sector enterprises.(National Commission for Scheduled Castes and Scheduled Tribes Report 1996-97 &97 –98 , quoted in A Irudayam,Balck Paper1999.)
CASE STUDIES
1 Sexual assault and forced labour
Sundarmmal,Muthunagar village,Coimbatore district,Tamilnade
Dalit cultivators in the village were forced to become bonded laborers by the upper castes in the village. They were made to work for long hours on poor wages. Sundarammal and her husband thus became bonded laborers in the godown owned by upper caste Varada Raj. He never paid them decently and the family was in debt .So they decided to seek work under other persons. But Varadaraj along with his community people attacked the couple and tried to rape her on January 27,2007.When she filed complaint she was again tortured to with draw the case.
2 A Dalit employee in a public School has been underpaid since he was hired in 1974.
Kedar Ram .Senior Basic School ,Ghazipur ,Uttar Pradesh
Kedar Ram was appointed as safai worker in govt aided Senior Basic School in Ghazipur in 1974.He was drawing only 7 rupees for the first three years and then 13 rupees per month. In October 1991 it was increased to Rs. 30/ . In 1998 it was increased to Rs. 150/.The minimum wages fixed for an unskilled employee is Rs.2600 / month