|
This lesson will look at the issue of caste discrimination in Asia, and whether it would be possible and/or useful to establish a truth and reconciliation commission regarding this matter. Again, let us keep in mind that the issue of caste discrimination is unconventional with regard to the establishment of such a commission. However, this does not mean that it is not possible or even desirable. Caste discrimination is one of the worst forms of human rights abuse in Asia, and it is one that needs to be eradicated as soon as possible. Together with legal and other remedies, establishing a truth and reconciliation commission may push those seeking change towards a broader and more organic outcome.
A. What is caste discrimination?
The answer to this question is given in some detail in the following extract, from “Effective rule of law and human rights implementation,?Protection and Participation, (Hong Kong: AHRC-ALRC, 2003) p. 56-58. ... [C]ommunalism and discrimination stem form the Law of Manu, under which India was governed for thousands of years prior to British rule. The Law of Manu was a set of social laws that introduced the rigid caste system. According to this system, Hindu society was divided into four varnas or categories, associated with particular social occupations. The Dalits have no legitimate place in such a society, as they do not belong to any of the four varnas. Their social occupation involves "skinning animal carcasses, tanning leather and making shoes and belts; butchery of animals; removal of human waste; attendance at cremations grounds." Such work is considered 'polluted' or 'unclean', and hence Dalits are considered to be a permanently polluted people. The Law of Manu entailed the social sanctioning of dire treatment to certain classes, such as the "poor, Dalits and women." Such sanctioning still exists and its basis lies in the fundamental belief in the inherent inequality or 'difference' of individuals. In the caste system, inequality is the ideological basis for a good society; this being the case, "[c]aste society does not deny the practice of discrimination; it instead rejects the concept of discrimination in itself."
The Hindutva movement in India, which is calling for a return to the rigid caste structures of old, is also seeking the annihilation of the other. In a Chaturnava society, there is no space for Dalits or other minorities, except as outcastes. It is unfortunate that the majority of the Indian political elite are espousing such ideology, and even more unfortunate that they have such a large influence on the police...
With these being the social and ethical constructs of Indian society, it is obvious there is a contradiction with international legal norms, as well as with the norms of the Indian constitution. This will explain why there are movements in India today who see the concessions made to the lower-castes in the constitution as mistakes that need to be rectified.
... The annihilation of the caste system, together with other forms of discrimination is a monumental task that will not be accomplished overnight. Apart from the implementation of legal procedures to abolish discriminatory practices, what is also needed is a parallel social evolution. The exclusionary nature of the caste system means that it is not enough for one caste to open its margins, all castes must do so; "while one caste may make a decision to exit from its boundaries, entering into boundaries held by others requires their consent. As long as the most socially and politically powerful castes desire to remain closed, lower castes' decisions to break open their own part of the system will have little effect."
It is obvious that the annihilation of such a system and corresponding mind-sets will not happen overnight. It seems equally obvious that any change in the system will have to come from civil society, as the Indian government and its institutions have failed. Justice H Suresh has suggested that people's hearings, or jan sunvai, would be a good avenue for the advancement of Dalit rights; by communities taking the initiative to establishing tribunals to hear atrocities and try offenders, they are likely to advance their cause significantly. |
|
