Human rights in India - theories of violence

Résumé du document

The Constitution of India, through the 1955 Civil Rights Act, outlaws the practice of untouchability, which discriminates against Dalits and other 'untouchables'. Despite efforts made by the government to put constitutional and statutory safeguards in place in order to outlaw and eliminate discrimination arising out of the caste system, the practice remains hardly changed, and some Dalits and other untouchables, are still subjected to violence and are facing social ostracism. The government still has not provided, nor created, a relevant administrative and legal procedure that would enable Dalits to embark on law courts in case of violation of their rights either. Thus the punishment provision against discrimination on the basis of untouchability seems to be rather symbolic than with real enforcement ability. The focus of this essay is to present India as a secular democracy, which, despite appearing to have western-like intentions, is having difficulties in questioning religious and traditional practices, due to its desire to sustain a position of equanimity, and resulting in facilitating the increase of communal problems in modern India. Undoubtedly, Hinduism is predominant in India today. Even though Hindu traditions generally seem to deny the western concept of equal human rights, I argue that today, the Indian government's failure to engage with the impact of Hinduism upon the acceptation of the notion of human rights, limits the possibilities to reach a mutual understanding.

Extraits

[...] Deliege, R “Replication and Consensus: Untouchability, and Ideology in India.” Man 27: 155-173) Castes en Inde aujourd'hui', Presses Universitaires de France. Donelly, Jack ‘Universal Human Rights in theory and practice, Second edition'. (Cornell University Press). Dubois, J.A ‘Description of the Character, Manners and Customs of the People of India, and of their Institutions, religious and civil" Translated from the author's later French by Henry K. Beauchamp, 3rd edition, Oxford at the Clarendon Press. (First published in 1816) Dumont, Louis (2001) ‘Homo Hierarchicus:The caste System and its Implications'. Paperback (First published in 1966). [...]

[...] Beauchamp, 3rd edition, Oxford at the Clarendon Press. (First published in 1816) –Dubois, J.A ‘Description of the Character, Manners and Customs of the People of India, and of their Institutions, religious and civil” Translated from the author's later French by Henry K. Beauchamp, 3rd edition, Oxford at the Clarendon Press. (First published in 1816), p49-p80, Chap.V. It is important to emphasize at this point that Dubois' terminology is today obsolete, and would not be acceptable to contemporary scholars - Pariahs, on their part will under no circumstances, allow a
Brahmin to pass through their paracherries (collection of Pariah huts) as
they firmly believe it will lead to their p.60, Chapter Dubois, J.A ‘Description of the Character, Manners and Customs of the People of India, and of their Institutions, religious and civil” Translated from the author's later French by Henry K. [...]

[...] Ambedkar argued that reforms were only possible through forced political measures. Such reforms can now be found within the current Indian constitution policies in general, the constitutional illegality of Untouchability in particular. Today, Dalits (also defined as ‘schedules castes' by the Indian government), and Indian tribal people, represent around twenty per cent of the Indian population, often living in rural areas and still depending on higher castes. This large minority is not a homogenous unity, but is divided according to their caste and language. [...]

[...] Anti-secularists argue that what we see as a ‘failure of modernity in India' is the result of the western import of secularism to India. Varshney explains that, despite being generally accepted by the western culture, ‘there is no similar civilisational niche for secularism in India. Religion was, and remains today, the ultimate source of morality and meaning for most Indians' 40. This explains why the Indian state, despite its own constitution, has difficulties in complying with the UDHR without simultaneously facing tensions within its own religious traditions and customs, and with Hindus in particular, since they represent the vast majority of the Indian population. [...]

[...] Information found on India Country Report on Human Rights practices for 2004, released by the Bureau of Democracy, Human Rights and Labor. February 28, 2005.http://www.state.gov/g/drl/rls/hrrpt/2004/41740.htm (accessed 06/06/06) - This included the Protection of Civil Rights (Anti-Untouchability) Act and various land reform laws to redistribute land to the landless, a large and disproportionate percentage of whom were and still are Dalits. The ‘Bonded Labour (Abolition) Act Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act Jogini Act No and the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act & Rules The central and state governments also established SC/ST Welfare Departments soon after Independence. [...]