INDIA: Dalit village head faces constant intimidation due to caste discrimination in Uttar Pradesh

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner the Peoples’ Vigilance Committee on Human Rights (PVCHR) based in Varanasi, Uttar Pradesh state, India that Mr. Prem Narayan, a dalit (untouchable) village head of Vajidpur village has been facing discrimination based on caste from the upper caste Hindus in the village. It is also alleged that he is intimidated and threatened by the upper caste Hindus in the village and is prevented from discharging his duties as an elected village head.

CASE DETAILS:

Mr. Prem Narayan is a resident of Vajidpur village under Harhuan Block in Varanasi district, Uttar Pradesh state, India. He belongs to the Chamar community who are untouchables in the caste-ridden Hindu society of India. He was elected as the village head in September 2005 and the Panchayath Committee was constituted on 8 September 2005.

However, Mr. Narayan was not handed over several documents including the working register and property register of the village office, which are related to the management of the village by the outgoing committee. In addition to the refusal of handing over daily registers the outgoing committee also refused to hand over the movable assets of the village kept at the village office including the furniture. When he asked the outgoing committee to hand over the registers and furniture, they threatened him that they would manhandle him if he protested and asked him to shut up.

The upper caste members, the former village head Mr. Lalman Yadav, Mr. Mahendra Yadav and Mr. Shivwachan are literally controlling the village even today. For standing up against them Mr. Narayan was physically assaulted twice by Mr. Lalman Yadav. In yet another incident Mr. Mahendra Yadav assaulted Mr. Narayan and punched him in his stomach.

While these assaults and abuses were going on, Mr. Shitla Pandey joined the village as its new secretary. Village secretaries are appointed by the state government to help the village head in the daily administration of the village. Mr. Pandey is from the Brahmin (upper caste) community. Mr. Narayan approached Mr. Pandey and informed him that the earlier committee had not handed over the documents and furniture to the current committee. However, hearing this Mr. Pandey became angry and expressed his annoyance of being asked and questioned by a lower caste person, even though he was the village head and refused to take any action. Mr. Pandey was appointed as the village secretary since his predecessor was suspended from service due to several allegations of malpractices. As of today Mr. Narayan, though elected as a village head, is yet to enter the village office and start his duties as the head of the village. However, several times Mr. Narayan was forced to sign documents under threat and intimidation by the upper caste members of the earlier village council. This is done with the support and knowledge of Mr. Pandey, the village secretary.

ADDITIONAL COMMENTS:

Panchayathi Raj (governance through panchayats – for local self governance) is a concept that was implemented in India since April 1993. This was after the 73rd amendment of the Indian Constitution which incorporated provisions for a 3-tier system of Panchayati Raj for all states having population of over two million, to hold Panchayat elections regularly every five years, to provide reservation of seats for Scheduled Castes, Scheduled Tribes and women, to appoint State Finance Commissions to make recommendations as regards the financial powers of the Panchayats and to constitute District Planning Committee to prepare draft development plan for the district as a whole.

The change also provided the panchayats with the authority to function as institutions of self-government. To facilitate this certain powers and responsibilities are delegated to panchayats to prepare a plan for economic development and social justice, and to implement schemes for economic development and social justice. The panchayats are also given authority to levy, collect and appropriate taxes, duties, tolls and fees. In effect the process was aimed to decentralise governance and also at the same time to promote, through a positive reservation, the empowerment of backward communities, women and the members of the scheduled castes and tribes in India.

With the intention of mainstreaming the lower caste, the Election Commission of India will declare which seats are to be reserved to be contested from members of the lower caste. Mr. Narayan contested in his village in such a seat and won the election.

However, this change literally tried to upset the discriminatory and inhuman caste hierarchy in rural villages and Mr. Narayan’s case is an example of how the upper caste retaliates in such a situation. What Mr. Narayan face in Vajidpur village is a crime under the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to Section 3 (x) of the Act, a person who is not a member of the Scheduled Caste or Scheduled Tribe if intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. Physical assault is also a crime under the Indian Penal Code, 1860.

This case is also an example of how development activities fail to percolate into the rural villages in India. Mr. Narayan being the village head and also a representative of his community is not consulted of anything in the daily functioning of the village. This also implies that in the absence of Mr. Narayan’s signature and authorisation no development activities could be implemented in the village until Mr. Narayan’s term is over which is due only in 2010. The upper caste community being already privileged of all the amenities for their life will not be affected by this stalling of development programme. However the lower caste community will benefit nothing during this period, which is an indirect way of keeping the members of this community in the village under the control of the upper caste.

SUGGESTED ACTION:
Please write to the authorities listed below expressing concern over this case. We urge you to request the authorities to take immediate action against the village Secretary Mr. Shitla Pandey who instead of helping Mr. Prem Narayan is in fact insulting and discriminating him due to caste prejudice. The AHRC is also writing a separate letter to Mr. Doudou Diene the United Nations Special Rapporteur on contemporary forms of racism and racial discrimination to express concern about this case and calling for an intervention.

 

 

 

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