Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Child Rights and You (CRY) and the People’s Vigilance Committee on Human Rights (PVCHR) regarding the case of arrest and release of human rights activists in Thirunelveli, Sankarankovil and Tenkasi areas of Tamil Nadu. It is reported that about 500 activists were arrested and detained for protesting against caste based discrimination, particularly the practice of manual scavenging.
Please find below an edited and forwarded press release issued by CRY for your further information.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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Press Release issued by CRY
Child Rights and You
FOR IMMEDIATE RELEASE
Chennai: Friday, November 2, 2007
500 cadres and leaders of the Arundatiyar Mahasabha (AMS) who protested in Thirunelveli, Sankarankovil and Tenkasi in Tamil Nadu state were arrested by the police and taken into custody on November 2, 2007. The detainees were released later on the same day evening. The activists were demanding internal reservation, total elimination of the practice of manual scavenging, housing ‘patta’ [title document of property given by government grant] and strict enforcement of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Among the arrested were Mr. Mariadoss, President of AMS and Mr. Bharathan of HRC and the activists of Kalam. Kalam and HRC are local human rights organisations.
AMS demands also comprise free and compulsory education for historically marginalised children up to class 12 as defined in the Indian constitution and a restoration of their rights to healthcare, food and basic amenities essentially, to a life of dignity and respect.
The AMS is a people’s movement working for the dignity and identity rights of the Dalits who have been engaged in agricultural wage work and sanitation services. It has relentlessly fought against manual scavenging which is an affront to human dignity. However, this horrendous practice has not been abolished totally. They have also raised issues affecting children especially education and healthcare that they have been long deprived of. This movement is continuously voicing issues of social justice, livelihood and caste-based discrimination.
The Arunthathiyars are in the substratum within the Dalit community and economically and politically powerless. Currently, there is no separate reservation for Arunthathiyars and they are included generally in the Scheduled Caste category. [With an intention to promote the Dalits and their rights and other socially marginalised communities and further to liberate them from social and caste based bondage the government of India has been giving preferential treatment to the Dalits by implementing a policy of reservation in various sectors including education and employment. This policy is broadly known as ‘reservation’ in India]
We, at CRY condemn this repressive act of the State and inaction to implement the demands of Arunthathiyar since Independence. Kalam is a CRY supported partner organisation and has been working in Dalit habitats of the Thirunelveli district.
CRY, now Child Rights and You, is India’s leading advocate for child rights. Over 28 years, CRY has partnered NGOs, communities, government and the media to eliminate the root causes of deprivation, exclusion, exploitation and abuse.
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BACKGROUND INFROMATION:
The caste system is a powerful tool for social segregation. It runs deep in the minds of Indians and has implications in everyday life. It weakens the human urge to excel and liberate since there is little chance of rising above one’s status at birth. Despite caste being a violation of international human rights standards and domestic law prohibiting caste-based discrimination it continues to exercise a debilitating influence on the lives of millions in India daily.
The Constitution of India provides certain safeguards against caste discrimination. However, the constitutional remedy is often inaccessible to Dalits and lower castes, therefore literally taking away the equality quotient of human rights in terms of implementation. Considering India’s vastness and its limited resources and poverty, the possibility of a victim, who is otherwise deprived of basic standards of living, approaching a constitutional court is most unlikely. Compounded by the burden of expenses in litigation and the immense time it takes for reaching a final verdict, such legal attempts are rarely taken by victims.
According to government statistics, an estimated one million Dalits in India are manual scavengers (the majority of them women) whose work involves the removal of human faeces from public and private latrines and open sewers, and the disposal of dead animals. Unofficial estimates of the actual number are much higher.
Public latrines – some with as many as 400 seats – are cleaned on a daily basis by Dalit workers using a broom and a tin plate. The excrement is piled into baskets which are carried on the head to a location which can be up to four kilometers away from the latrine. At all times, and especially during the rainy season, the contents of the basket will drip onto a scavenger’s hair, clothes and body. The continuous exposure to dirt and human faeces, coupled with poor living conditions make the Dalit communities employed as manual scavengers vulnerable to serious aliments, amongst which Tuberculosis is the most common.
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 punishes the employment of scavengers or the construction of dry (non-flush) latrines with imprisonment for up to one year and/or a fine as high as rupees 2,000 (USD 50). Offenders are also liable to prosecution under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Bonded labour is also prohibited under the Bonded Labour System (Abolition) Act, 1976. In spite of this, their employment continues throughout the country.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 criminalises atrocities committed against members of the Dalit community and other lower castes. The rules formulated in accordance with the legislation also provide for protection to the lower castes and are more preventive in nature. However, the law and rules are limited. They do not address the root cause: the caste system itself. For further reading on the practice of manual scavenging please see No end to a shameful practice published in India Together. For further reading please also find a news article by The Hindu titled India’s shame.
SUGGESTED ACTION:
Please write to the authorities mentioned below expressing your concern about the incident and calling for an urgent intervention in the case. The AHRC is writing a separate letter to the Special Representative of the Secretary-General on the situation of human rights defenders and Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance calling for an intervention in this case.
To support this appeal, please click here: ![]()
Sample letter:
Dear __________,
INDIA: Threatening and intimidating human rights and Dalit activists is not a solution to eliminate caste based discrimination
Name of the victims: 500 cadres and leaders of the Arundatiyar Mahasabha and the activists associated with the NGOs HRC and Kalam of Tamil Nadu
Date of incident: November 2, 2007
I am writing to express my concern regarding the arrest and detention of 500 cadres and leaders of the Arundatiyar Mahasabha (AMS) who were protesting in Thirunelveli, Sankarankovil and Tenkasi in Tamil Nadu state. I am informed that the protesters were demanding internal reservation, total elimination of the practice of manual scavenging, housing ‘patta’ and strict enforcement of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. I am informed that among the arrested were Mr. Mariadoss, President of AMS and Mr. Bharathan of HPC and the activists of Kalam. Kalam and HPC are local human rights organisations based in Tamil Nadu. I am aware that the detainees were released later on the same day evening
I am aware that the AMS is demanding free and compulsory education for the marginalised children up to class 12 as guaranteed under the Indian constitution and a restoration of their rights to healthcare, food and basic amenities essentially, to a life of dignity and respect.
I am informed that the AMS is a people’s movement working for the dignity and identity rights of the Dalits who have been engaged in agricultural wage work and sanitation services. I am aware that the AMS has relentlessly fought against manual scavenging. I am also aware that the AMS have also raised issues affecting children especially education and healthcare that they have been long deprived of.
Arrest and detention of the activists associated with AMS is an assault upon the fundamental freedom of a citizen engaged in peaceful protest.
I therefore urge you to take immediate steps so that the human rights activists or their representatives arrested in Thriunelveli, Sankarankovil and Tenkasi on November 2, 2007 are called for a consultation with the government as early as possible to discuss their concerns. I further urge you to take immediate actions to put an end to the practice of manual scavenging in Tamil Nadu and also to meet the demands raised by the AMS.
I hope that you will take appropriate actions in this case at the earliest.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Dr. Kalaignar M Karunanidhi
Chief Minister
Chief Minister’s Office
Secretariat, Chennai 600 009
Tamil Nadu
INDIA
Fax: 91 44 25671441
Email: cmcell@tn.gov.in
2. Dr. Manmohan Singh
Prime Minister
7, Race Course Road
New Delhi 110011
INDIA
Fax: + 91 11 23019334
Email: pmosb@pmo.nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
