Straight from the title, “Hidden Apartheid: Caste Discrimination against India’s Untouchables,” you know that the new report from Human Rights Watch (HRW) out today is pulling no punches when it comes to qualifying the extent and seriousness of anti-Dalit discrimination in India today. The comparison with apartheid gained significant political cover two months ago when the prime minister, Manmohan Singh, drew the link in public remarks at a conference in Delhi. Here’s the prime minister:
Singh said: Dalits have faced a unique discrimination in our society that is fundamentally different from the problems of minority groups in general. The only parallel to the practice of untouchability is apartheid, he said. Untouchability is not just social discrimination, it is a blot on humanity, Singh said.
Calling for a political, social, cultural and intellectual battle, against such discrimination, the PM noted that constitutional and administrative measures alone are not sufficient. Our government is deeply and sincerely committed to the equality of all sections of our society and will take all necessary steps to help in the social, educational and economic empowerment of Dalits. This is our solemn commitment, Singh said.
Of course the gap between legal remediation and actual practice has been precisely the problem for 57 years, since the Constitution in 1950 outlawed untouchability in all its forms, with further legislation added over the years. The continuing discrimination against Dalits also violates the International Convention on the Elimination of All Forms of Racial Discrimination, to which India is a signatory, as the convention covers not just what its title narrowly suggests but in fact “race, colour, descent, or national or ethnic origin.” At any rate, this gap between theory in practice is well known, and the problem has always been to end the actual practices of discrimination, violence, and humiliation that Dalits encounter across India to degrees that perhaps (probably) vary by region and locality but are never, ever trivial.
Consider a few choice quotes from the report’s summary (you can download it or read the whole report online here):
Dalits fundamental civil, political, economic, social, and cultural rights are routinely violated by state actors and private individuals, in violation of Article 5 of the Convention. Caste-motivated killings, rapes, and other abuses are a daily occurrence in India, resulting in routine violations of Dalits right to security of person and protection of the state. The police have systematically failed to protect Dalit homes and Dalit individuals from acts of looting, arson, sexual assault, torture, and other inhumane acts such as the tonsuring, stripping and parading of Dalit women, and forcing Dalits to drink urine and eat feces. surveyed. …
India has failed to address the multiple forms of discrimination faced by Dalit women. Even as compared to Dalit men, Dalit women do not have equal access to employment opportunities or justice mechanisms. They must contend with threats to their personal security, including trafficking and sexual violence. In some states in India, Dalit women are forced into prostitution under the devadasi system and are ultimately auctioned off to urban brothels. This puts them at particular risk of contracting HIV/AIDS. …
The right to own property is systematically denied to Dalits. Landlessnessencompassing a lack of access to land, inability to own land, and forced evictionsconstitutes a crucial element in the subordination of Dalits. Land reform legislation is neither implemented nor properly enforced. When Dalits do manage to acquire land, access to it is often denied. …
The denial of the right to work and free choice of employment lies at the very heart of the caste system. Dalits are forced to perform tasks deemed too polluting or degrading for non-Dalits. According to unofficial estimates, more than 1.3 million Dalitsmostly womenare employed as manual scavengers to clear human waste from dry pit latrines. Dalits comprise the majority of agricultural, bonded, and child laborers in the country. …
Manual scavengers are routinely exposed to both human and animal waste without proper protection. This has severe repercussions for their health; most suffer from anemia, diarrhea, vomiting, and respiratory diseases. In many cities, Dalits clear sewage blockages without protective gear. Over 100 die each year from inhaling toxic gases or from drowning in excrement.
The difficult thing is that much of the discrimination against Dalits is well known and considered a fact of life. This isn’t the kind of report that breaks major news that everyone can immediately mobilize around. Rather, it’s a compendium of practices and contradictions and hypocrisies that are all too often recognized individually but either shrugged away as a whole, or, just as often, so daunting in their totality that it’s hard to know what to do. Besides, the only effective political mobilization against these practices will come from Dalits themselves, which means overcoming patterns of intimidation and resignation that are age-old and surmounting a collective action problem of enormous magnitude.
The principal author of the NRW report is a desi sister. Her name is Smita Narula and she is an assistant professor of clinical law at NYU, having previously worked at HRW as their senior researcher for South Asia. You can read more about her here. She also has an audio clip in English and Hindi on the organization’s website in which she states the principal findings and the importance of the issue.




