Graduate School of Development Studies DISCRIMINATION AND VIOLENCE AGAINST DALIT WOMEN ENGAGED IN MANUAL SCAVENGING: LEGAL REMEDIES AND BEYOND A Research Paper presented by: Shubhra Pachouri (INDIA) In partial fulfillment of the requirements for obtaining the degree of MASTERS OF ARTS IN DEVELOPMENT STUDIES Specialisation: HUMAN RIGHTS, DEVELOPMENT AND SOCIAL JUSTICE (HDS) Members of the examining committee: Dr THANH DAM TRUONG (supervisor) Dr RACHEL KURIAN (reader) The Hague, The Netherlands NOVEMBER, 2008 Disclaimer: This document represents part of the author’s study programme while at the Institute of Social Studies. The views stated therein are those of the author and not necessarily those of the Institute. Research papers are not made available for circulation outside of the Institute. Inquiries: Postal address: Institute of Social Studies P.O. Box 29776 2502 LT The Hague The Netherlands Location: Kortenaerkade 12 2518 AX The Hague The Netherlands Telephone: +31 70 426 0460 Fax: +31 70 426 0799 2 ACKNOWLEDGMENTS Many people have played a direct or indirect, central or supporting role in this research. The most important of these is my supervisor, Dr. Thanhdam Troung and my Reader Dr. Rachel Kurian. They have provided systematic guidance and feedback to me and I would like to thank to them for their guidance and for bringing greater clarity to my work. I would like to thank the Ford Foundation International Fellowship Program for funding my study. A most important part of the paper was the active participation of those women who raised their voices without fear. I most sincerely acknowledge their voices as central to this research. I would also like to thank Jayanti Ahirwar, a Dalit leader and Surjeet Valmik, a representative of Garima Abhiyan, 2007 program from Chahatarpur. Also I would like to thanks to Helen, Kathrin, Jayshree Mangubhai, Manorama, Maja, Jyotsna Mackwan, Deepti Jain, John, Jogmaya and Varun Cen who have helped me by clarifying my doubts, providing valuable and important feedback on my writing and has a great contribution on correcting the language of the paper; their help was essential, and I owe them my deepest gratitude. Apart from these, my special thanks go to my mother Mrs. Sushila Pachouri, my son Udbhav, my husband Mr. Mahendra Tiwari, and all my family members who gave me moral support during my course. Without their help I would not have got the chance to undertake this program of study. 3 Table of Contents List of Tables 6 List of Acronyms 7 Chapter 1 INTRODUCTION 11 1.1 Statement of the research problem 11 1.2 Relevance and Justification 14 1.3 Research objectives 14 1.4 Research Questions 15 1.5 Research Methodology 15 1.6 Scope and Limitations 16 Chapter 2 DISCRIMINATION & VIOLENCE: CONCEPTUAL FRAMEWORK 17 2.1 Introduction 17 2.2 2.2 Caste, Class and Occupation 17 2.3 Gender and Patriarchy 19 2.4 Structural Violence 19 2.5 Intersectional Discrimination and Human Rights 20 2.6 Social Exclusion 21 2.7 Impunity 22 Chapter 3 DALITS' RIGHTS IN LAW AND IN PRACTICE: SOME DISCREPANCIES 23 3.1 Introduction 23 3.2 Dalits Human Rights in the International Arena 23 3.3 Dalit rights, the government and international law 24 3.4 Constitutional Guarantees: a list of provisions 25 3.5 Contradictions between law and practice 26 Chapter 4 MANUAL SCAVENGING IN CHHATARPUR (MP): PERSISTENT INEQUALITIES AND DISCRIMINATION 28 4.1 Introduction 28 4.2 Practice of Manual Scavenging as Discrimination in the Chhatarpur District of Madhya Pradesh (MP) 28 4.3 Sanitation system and Practice of Manual Scavenging in MP 29 4 4.4 Manual Scavenging and practice of ‘Untouchability’ 29 4.5 Women and manual scavenging 30 4.6 Economic Discrimination 30 4.6.1 Employment – Discrimination, work environment and new challenges 31 4.7 Social, Cultural and Political Spheres of Discrimination and Violence 33 Chapter 5 EXPERIENCES OF VIOLENCE WITH IMPUNITY: VOICES OF DALIT WOMEN FROM MADHYA PRADESH STATE 35 5.1 Introduction 35 5.2 Case Studies 35 5.2.1 The Background of the chosen case studies 35 5.2.2 Case Study 1: ‘State Actor- ‘Protector or Perpetrator’ : Voice of Dalit Women Engaged in Manual Scavenging from Chhatarpur District 36 5.2.3 Case Study 2- Legislation for Dalit and Structural Violence [A case documented in the book ‘Untouchability on Trial] 38 5.2.4 Case Study 3- Power of Domination and Dalits [Systematic Structural Violence, Intersectional Violence and Impunity: Beyond Social Justice] 41 Chapter 6 CONCLUSIONS & RECOMMENDATIONS 45 6.1 Conclusions 45 6.2 Recommendations 46 References 48 5 List of Tables Table -1 Census data 2001: Overview of Scheduled Castes Population in India 57 Table No.2- Scheduled Castes: Total population of Basod, Basor, Bhangi and Mehtar in MP 57 Table No. 3- Demographic Profile of District Chhatarpur 57 TABLE No- 4 Facts related to total number of Scavengers in India 59 Table no- 5 62 Facts related to Scavenging in Chhatarpur 62 Table no-6 Social Indicators for Dalits in India (1998-1999) 62 Table no – 7 62 Economic indicators for Dalits in India (1999-2000) 62 Table No. 8 64 Scenario of Dalits in India 64 Table No. 9 65 Violence against Dalit (Scheduled Caste) Women in District Chhatarpur, M.P. India 65 Table No. 10 66 Status of Atrocities Cases on Dalit (Scheduled Caste) in the , District Court Chhatarpur, MP (between 2006 to June 2008). 66 Table No. 11 Forms/sites arranged in decreasing order of incidence; pooled data from 11 states of India. 67 6 List of Acronyms BJP Bhartiya Janta Party CERD Committee on the Elimination of Racial Discrimination CrPC Criminal Procedure Code 1973 CMO Chief Municipality Officer CEDAW Convention on the Elimination of All Forms of Dis- crimination against Women 1979 DEVW Declaration on the Elimination of Violence against Women1993 DEMS Dalit Engaged in Manual Scavenging DMEMS Dalit Men Engaged in Manual Scavenging DWEMS Dalit Women Engaged in Manual Scavenging DSP Deputy Superintendent of Police DM/DC District Magistrate/District Collector EMSCDLPA The Employment of Manual Scavengers and Construc- tion of Dry Latrines Prohibition Act 1993 FIR First Information Report FR Fundamental Rights IPC Indian Penal Code 1860 ICCPR International Convention on Civil and Political Rights 1966 ICESCR International Convention on Economic, Social & Cul- tural Rights 1966 ICERD International Convention on Elimination of All forms of Racial Discrimination 1965 IC Indian Constitution 1949 MLA Member of State Legislative Assembly (Lower House of Parliament) MP Madhya Pradesh MS Manual Scavengers MPHRC Madhya Pradesh Human Rights Commission MPCSC Madhya Pradesh Commission for Scheduled Caste NGO Non-governmental Organisation OBC Other Backward Caste ORGI Office of the Registrar General, India PCRA Protection of Civil Rights Act, 1955 SC Schedule Caste, Official term used for Dalit communi- ties ST Schedule Tribe, Official term used for tribal [Adivasi] Communities SC/ ST PS Scheduled Caste and Scheduled Tribe Police Station SC&ST (POA) Act Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act 1989 SC&ST (POA) Rule Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act 1989 SHG Self Help Group 7 SP Superintendent of Police SI Sub-Inspector of Police UDHR Universal Declaration of Human Rights 1948 Glossary Atrocity - A Non-legal term, used by the Ministry of Home Affairs, Government of India which indicate offences under the Indian Penal Code 1860 committed against Scheduled Castes and Scheduled Tribes by those not belonging to ei- ther community, where caste consideration is in fact the root cause of the crime even though caste consciousness may not be the immediate motive. Backward caste- Castes position below forward castes in the ritualised social hierarchy Caste System- Hindu religious script ‘Manusmriti’ defined the ‘varna’ (now refer it caste) as the division of labor basis of Karman (work division), and this division is the foundation of Hindu social hierarchy in the caste system. Caste-based structure- Under Hindu caste system, Brahmans (Priestly class) have the top position in the social hierarchy, Kshatriya group (Warrior/ruling class) come in second position, Vaisya group (Farmers and Merchants) is in third position, and Shudra group (Servant and labour class) is in the lowest posi- tion. Dalit- Meaning ‘broken people’, a term employed by the Anti-caste movement in India to denote ‘untouchable’ or Scheduled Castes, the lowest group in the ritualised social hierarchy of the caste system. They are facing widespread dis- crimination on the basis of work and descent. Dominant Caste- Common used words in Hindu society for the ‘dominant’ castes are ‘upper’ caste or ‘higher caste’. The caste those gain power and control other castes. They use power as a form of domination and oppression and by this they maintain the subordination of some castes often called ‘lower caste’, ‘un- touchable’ or ‘impure or polluted’ dominated by them. District Collector- Administrative head of a district with quasi-judicial power Forward Caste- All ‘high’ castes, that are not classified by the government of India as backward caste, scheduled caste or scheduled tribe Gram Sabha- Formal assemble of all citizens in a village panchayat jurisdiction Harijan- A term implies ‘children of god’ used by Gandhi for Dalit and now use of this term is restricted by government as Anit-caste movement find its mean- ing anti-caste because all people are the ‘children of god’ thus objected to this term particularly for Dalits. Manual Scavenger- A person engaged in or employed for manually carrying human excreta (Defined in the act, The Employment of Manual Scavengers and Construc- tion of Dry Latrines Prohibition Act 1993). Water-seal latrine- A pour-flush latrine with a minimum water-seal of 20 millimetres diameter in which human excreta is pushed in or flushes by water.