INDIA: Social ostracism against Dalits for refusing to dispose of dead animals

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Navsarjan Trust, a Gujarat-based human rights NGO, that there has been a social boycott put into place by the entire non-Dalit community against the Dalits of Nesda village. This was in response to the Dalits’ refusal to dispose of dead animals, a duty assigned to their caste in the tradition of the practices of “untouchability.” The boycott, which includes a ban on any economic or social interaction, continues to produce tremendous daily hardships for twelve Dalit families. Their struggle to file their case illustrates the difficulties Dalits have regarding access to laws intended to protect them. Their case is currently pending in court and continues to be delayed.

CASE DETAILS:

On May 2008, Nesda village opted into the Samras Gam Yojana scheme offered by the Gujarat state government, which awards money for developmental work. In these villages, Panchayat (village council) elections are conducted by consensus rather than by formal election. Under the scheme, a village (depending on population size) can receive anywhere from 60,000 to 100,000 Indian Rupees (USD 1,230 to 2,050) as a developmental incentive. In Nesda village, the Panchayat allocated the scheme’s money towards building concrete roads. However, the plans did not include the development of roads in the Dalit area – meaning that water would run from the raised concrete roads onto the lower dirt roads of the Dalit area.  When Dalits objected to this decision, they were rebuked and threatened by members of the dominant caste.

On May 21, 2008, the Dalits went to the Police Station in Tankara to notify them of the threats they received.  They also pointed out the deprivation of benefits from a government program that was intended for the entire community. Police Sub-Inspector (PSI) R.B Rama refused to take the application. The District Superintendent of Police (DSP), Mr. Solanki, was also approached but he did not act.

In protest, the Dalit community decided to cease performing the caste duty of picking up and disposing of dead animals. The dominant-caste community learned of this when Budarbhai Parsotanbhai Bimari, of a dominant caste, demanded someone dispose of his dead ox and was refused.  Because of this, the Panchayat called a meeting on August 5, 2008 to announce a social boycott. They forbade any Dalits from engaging in any social or economic interaction with non-Dalits. It was to be enforced by using the threat of the same boycott on anyone breaking the Dalit boycott’s terms.

After the Dalit community struggled for two months, the Navsarjan Trust intervened in the case.  Navsarjan mobilized the Dalit communities from five neighbouring blocks. They held a public meeting on October 17, 2008 to protest the social boycott and to draw attention to the issue. On September 18, 2008, twenty Dalits sat in the Executive Magistrate’s Office at Tankara to pressure him into lodging a First Information Report (FIR). Ten persons fasted. It was not until September 19 that the FIR was lodged. The FIR mentioned 14 accused persons, including the Sarpanch (village head) Rameshbhai Maganbhai Hadja.  Police protection was also demanded. The response consisted of assigning a single unarmed officer to the Dalit community for 15 days, from October 1 to 15, 2008. As a member of the local authority whose duty it is to protect all citizens, it is outrageous that this police officer practiced untouchability, eating and drinking only in the dominant-caste area.

Since the time the FIR was lodged, Dalits have been subjected to constant and increasingly menacing threats. Women in particular, while on their daily errands, have borne the brunt of the verbal abuse. Dalits refuse to leave their homes at night, as commutes from their workplaces have been riddled with incidents of harassment.

There is also a significant economic effect on the Dalit community, as they cannot be employed in their own village and must travel 4-15 kilometers to work. Though one Dalit, Kasubhai Amrabhai Solanki, has a small amount of land, his wheat crop was burned and destroyed.  Additionally, since there is no place for the cattle to graze, most of the cattle had to be given away to relatives. Women have to walk four kilometers to purchase basic necessities such as wheat or milk.  In one incident, the entire non-Dalit community refused to use one of their vehicles to take a woman in labor to the hospital.

Because the adults have to travel such distances to obtain work or basic necessities, children are often left alone at home. This affects the ability of parents to oversee and attend to the education of the children. The community also reports that the children have been traumatized by the entire ordeal.

ADDITIONAL COMMENTS:

The Dalits of Nesda have encountered strong resistance from many government officials in the prosecution of their case. First, there was a major delay in launching the FIR on behalf of the Dalit community in Nesda. Over the course of almost two months, the victims submitted applications to the Police, the Deputy Superintendent of Police (DySP), and the Director General of Police (DGP). They also held a rally and a hunger strike in order to put pressure on the government to register the FIR. However, these authorities neglected their duties in that none of them responded to these applications.  The victims also submitted memoranda to the Collector, Social Welfare Minister, Social Welfare Officer, Vigilance Officer, and Chief Minister Officer to pressure the authorities into responding to the case and lodging the FIR, but once again none responded to the memoranda.

Furthermore, the FIR that was finally registered does not include all of the applicable sections of the SC/ST Act.  In particular, Section 3(2)(vii)(“being a public servant, commits any offence under this section…”) should have been included because of the involvement of the Sarpanch and the Deputy Sarpanch in the incident.  As of July 22, 2009, the Sarpanch and Deputy Sarpanch have not yet been suspended from their positions, despite their use of the Nesda Panchayat as a platform from which to declare and enforce a boycott against Dalit residents.  The victims have sent applications to the Block Development Officer, District Development Officer, and the Collector to terminate these village officials, but no response was given.

After the FIR was registered, an investigation was conducted and a charge sheet filed.  The 14 accused were arrested on October 3, 2008, but all were released shortly afterwards on bail.  Though the SC/ST Act mandates that a Special Public Prosecutor be assigned to the case, no such prosecutor has been appointed. The case is still pending in court and continues to be delayed.

Any relief given to the Dalit community has been limited and temporary.  Beginning on June 8, 2009, fifteen men and women were given work through the National Rural Employment Guarantee Act (NREGA) scheme, which provides 100 days of work for 100 Indian Rupees (USD 2) a day.  Though this affords temporary relief from some of the boycott’s economic effect, the finite nature of the scheme causes Dalit residents to worry about how they will manage after it expires. Other limits set on aid to the Dalit community of Nesda have been more arbitrary. For instance, local police only provided protection for 15 days, though the hostile environment that accompanies the boycott has been running for several months.

Additionally, a government declaration issued by the Social Welfare Office (SWO) acknowledged a social boycott in Nesda from September 15, 2008 until October 4, 2008.  Along with the official declaration of the boycott, the SWO granted the community 22,000 Indian Rupees (USD 451) to aid them financially for this period, and an additional 6,000 Indian Rupees (USD 123) for expenses in pursuing the case.  There are no indications that the boycott would end on October 4, but this date was arbitrarily set by the SWO. Practically, this means that the financial aid given by the SWO will also end at this time.  Since the declaration does not provide for a re-assessment of conditions in Nesda at the end of the officially declared boycott period, financial assistance from the SWO may end even if the social boycott of Dalits in Nesda continues.

SUGGESTED ACTION:
Please send letters to the authorities named below expressing your concern in this case.

The AHRC is also writing letters to the Special Rapporteur for human rights defenders, on contemporary forms of racism, racial discrimination, xenophobia; independent expert on minority issues calling for an intervention in this case.

To support this case, please click here: SEND APPEAL LETTER