Q U A R T E R LY AMBEDKARAMBEDKAR VOL: 01 ISSUE: 02 VISIONVISION JULY-SEP. 2018

Dalit Women Fight against Caste-Based Violence in - UN side Event

Ambedkar Society for South Asia Editor Syed Shaheen Hassan Contents Editorial i

Minority rights: PTI sets a new precedence in Pakistan 1

Dalit Women Fight against Caste-Based Violence in India- UN side Event 2

MEPs: EU should cancel agreements with India until unjustly jailed human rights 4 defenders are released

Manual scavenging': death toll of 5 Indian sewer cleaners revealed Regional conference on equal access to justice 7 calls for action to end caste discrimination

Five female anti-trafficking activists kidnapped and raped in India EU responds 10 Umar Khalid and the Hate Republic 11 IOM Bangladesh: Rohingya Refugee Crisis Response - Situation Overview of Human Trafficking 13

Dalit residents of Sweeper Colony suffer in silence 14

New Christian Divorce Bill to be formulated 15

Ambedkar Society for South Asia 2-Court Street, Lower Mall, Lahore. Tel: +92 42 37115810 Email: [email protected] from theEditor

Historically speaking Dalits in the Indian society stands at the lowest rank of the caste hierarchy suffering caste based social exclusion from economic, civil culture and political rights. Although, Dalit women constitute 16.6 percent of Indian's female population, they not only suffer caste based discrimination on their gender but also caste identity the result of which is economic deprivation. Due to gender inequality and caste they become vulnerable to sexual violence and exploitation. They are exploited in the name of religion by victimizing them in the name of Devadasi / jogan (temple prostitute). The tragedy of Dalit women is distinct and unique; they suffer from triple burden of gender bias, caste discrimination and economic deprivation. Dalit women are among the most marginalized people in the world. In the labor market in India Dalit women experiences are different from those of the upper caste women because of the traditional notion of the caste system of purity and pollution. Dalit women are never employed as cook in the upper caste homes. They are hired to do the work of cleaning, washing clothes and sometimes looking after the sick. They are treated by other caste coming in to contact as untouchable. This notion of untouchablity leads to physical isolation and restrictions in employment opportunities. Enough is enough now dalit women movement in India is on the rise. As the United Nations Human Rights Council began its 38th session on 18th June 2018, coalitions of Dalit women activists released a report at a side event of Dalit Women Fights Against Caste- Based Violence. The report' Voice Against Caste Impunity: Narratives of Dalit Women in India, compiled account of witness, statistics and testimonies about the caste based violence in India. Demanding policy action to end this. It's the first presentation of United Nations Human Rights Council by Dalit women collectively. Dalit women are now seeking space for dialogue with Indian diplomats which had been denied. Their objective is to find a way to break through this terrible silencing of caste crime, which is the most human rights crisis of the present time. The girls face violence at the younger age at a higher rate than women. The violence is largely due to a sense of impunity among dominant caste. The mind set of the dominant castes make them feels that they can do anything they want with the Dalit girls. If she takes stands she is targeted and harassed. The report says this is the movement lead by Dalit women in India. There's nothing for them to loose but everything for them to win as they march on with the spirit of resistance in their hearts to kill the caste system. Now it is time to act for United Nations and other global human rights bodies that they must protect and safeguard the rights of Dalit women in India.

AMBEDKAR VISION July - Sep. 2018 i MinorityMinority rights:rights: PTIPTI setssets aa newnew precedenceprecedence inin PPakistanakistan

PTI has set a new precedence in the politics of Pakistan as when he found out it nominated *Wazir Zada, a socio-political activist from about the young Chitral as its MPA in the KP Assembly. activist from his home who would He will be the first ever Kalash legislator on a reserved become an MPA, seat for minorities in the Khyber Pakhtunkhwa he was very happy. Assembly.* “It is a big day for Kalash or Kalasha are the smallest ethno-religious the Kalash people, community of Pakistan and are famous for their beliefs, as for the first time in history a Kalash community culture and festivals. Wazir Zada, who has a masters in member has been nominated by a political party for an political science from Peshawar University and then assembly seat,” he said. joined the Ayun and Valleys Development Programme, gained popularity for his community service for Kalash A young Chitrali man named Azhar Ali said the people, through local support organisations based in nomination of people from the Kalash tribes to the Ayun and the adjoining Kalash valleys. national and provincial assembly would address the marginalisation of the people residing in the Chitral Under his leadership, the community service gained district. widespread success in Chitral. Wazir Zada, through his tireless “We speak different languages in dedication to this social cause, the region and the Kalash from s u c c e s s f u l l y b r o u g h t the Dardic family of the Indo- international and national donors Aryan branch is a historical to the valleys to work with the dialect,” he added. local community directly. They also work on Kalash cultural Azhar said that the PTI's victory preservation. means that the problems faced by marginalised communities such Wazir Zada has been affiliated as the Kalash and others living in with the Pakistan Tehreek-e- the Chitral Valley will be Insaf from the start. The party addressed in the assembly floor gave Wazir Zada the chance to Kalash or Kalasha are the smallest by their own representative. become the first Kalash person to be elected to the provincial ethno-religious community of “Now it is a matter of great assembly on one of the two Pakistan and are famous for their pleasure that we have our own reserved seats for minorities. beliefs, culture and festivals. Wazir representative who could solve Zada, who has a masters in political o u r p r o b l e m s . T h i s i s The people of the two ancient science from Peshawar University encouraging and he will be the valleys of Bumburate and Birir and then joined the Ayun and first Kalash member in history to came out on the streets to become a member of the KP celebrate Wazir Zada's win. Valleys Development Programme, Assembly,” wrote a Kalash g a i n e d p o p u l a r i t y f o r h i s community member on social Khizer Hayat, a government community service for Kalash media. employee from Chitral who first people, through local support broke the news of Wazir Zada's organisations based in Ayun and the Source: Times of Islamabad new status as an MPA on social adjoining Kalash valleys. media, told SAMAA Digital that

1 AMBEDKAR VISION July - Sep. 2018 DalitDalit WWomenomen FightFight againstagainst CasteCaste-Based-Based ViolenceViolence inin IndiaIndia -- UNUN sideside EventEvent

UN side-event hears cases of caste-based violence against Dalit women in India, where UN and legal experts respond with calls for action. The report 'Voices Against Caste Impunity: Narratives of Dalit Women in India', was also released at the event. v i o l e n c e against Dalit On June 21, 2018, the side event titled “Dalit Women women and girls. Victims of caste- Fight against Caste-Based Violence” was organized at based violence are disproportionately consisted of the 38th session of the UN Human Rights Council, by the young women of college age. There is also a very high International Movement Against All Forms of rate of sexual violence supposedly six Dalit women are Discrimination and Racism (IMADR), Human Rights raped every day according to government data. Watch (HRW), Minority Rights Group (MRG), Anti- Slavery International, FORUM-ASIA, and Franciscans Ms. Kowtal introduced that the national campaign on International (FI). The event was supported by the Dalit women's rights has been active in India including National Campaign on Dalit Human Rights (NCDHR) on organizing protests and conducting researches, and and the International Dalit Solidarity Network (IDSN). has constantly engaged with the UN human rights.

Mr. John Fisher from HRW moderated the event. Ms. She questioned whether the UN considers caste-based Asha Kowtal, General-Secretary of the All India Dalit crimes as one of the global crises of today. She stressed Mahila Adhikar Manch (AIDMAM) presented that there is no point in celebrating the Universal testimonies from victims in India. The panel of experts Declaration of Human Rights (UDHR) when these who responded to the testimonies included Ms. Vrinda grave and heinous crimes are swept under the carpet. Grover, Senior Advocate Supreme Court of India (via Skype), Ms. Dubravka Šimonović, UN Special Among hundreds of cases where the perpetrator goes Rapporteur on violence against women, and Ms. Rita scot-free, five testimonies were brought to the side- Izsák-Ndiaye, Member of the UN Committee on the event, shedding light on a clear nexus between the Elimination of Racial Discrimination (CERD). police, the investigative officers and the machinery, going hand in hand with the perpetrators. The report 'Voices Against Caste Impunity: Narratives of Dalit Women in India', launched at the event, Ms. Grover stressed that the vulnerability created by compiles witness accounts, statistics and testimonies about the effects of caste-based violence in India, while recommending policy actions to fight it.

Asha Kowtal, General Secretary of the All India Dalit Mahila Adhikar Manch (AIDMAM), gave an introductory presentation at the event of the report and the dalit women fight movement. She also explained the need for international action as national legislation is failing Dalit women.

Ms. Kowtal pointed out the specificity of caste-based

AMBEDKAR VISION July - Sep. 2018 2 She questioned whether the UN considers caste-based crimes as one of the global crises of today. She stressed that there is no point in celebrating the Universal Declaration of Human Rights (UDHR) when these grave and heinous crimes are swept under the carpet. the intersectionality of caste and gender must be renders the young women and their families vulnerable recognized. She pointed out that the issue is not that to all forms of violence. The economic resources Dalit women are not aware of their rights, but rather, the including land and drinking water are controlled by the clear pushback against Dalit women who actively seek dominant castes where the perpetrators are coming justice. Behind the profound issue lies the scathing from. The families often have to make the choice either indictment of the criminal justice system. to ensure livelihood or to seek justice. However, even when the families, putting their entire existence at stake, Ms. Grover explained that there are two laws in India decide to move forward and pursue justice, they receive that apply to such cases: the Indian Penal Code and the not support but repression from the legal system. Prevention of Atrocities Act (the Scheduled Castes and Scheduled Tribes Act, or the SC/ST Act), both of which s. Izsák-Ndiaye started by questioning why the impact have been repeatedly breached. is still not exerted at the national level, despite pressure kept by grassroots movement and the UN mechanisms, She continued by highlighting a point brought home by having both been very active for many years. She all the cases: it is the economic deprivation which the stressed that it is important for the government to deliver Dalit community systematically suffers from that the message that a person cannot commit such crimes and for the society to resist and reject stigmatization and racism. She continued by underlining the importance of communication on identity in a country, which sets basis for the sense of belonging and inclusiveness for its people. It is not only a matter of equal rights but also of equal dignity.

Ms. Izsák-Ndiaye pointed out that behind the manifestations of discrimination actually lies the biased mindset of people, to tackle which, discussions must be triggered to make people question the superiority and inferiority, through public discourse, media, and education. It is essential for people to believe that no matter where they are positioned, every group has contributed to the development of society and thus they Ms. Kowtal pointed out the specificity of must respect each other. caste-based violence against Dalit women and girls. Victims of caste-based violence Ms. Izsák-Ndiaye concluded by encouraging further are disproportionately consisted of young engagement of the movement with the UN human rights women of college age. There is also a very system, not only during country reviews, but at any time, to strengthen the institutional mechanisms nationally. high rate of sexual violence supposedly six Dalit women are raped every day Source: The International Movement Against All Form of according to government data. Discrimination And Racism

3 AMBEDKAR VISION July - Sep. 2018 MEPs: EU should cancel agreements with India until unjustly jailed human rights defenders are released Nine Members of the European Parliament (MEPs) have issued a letter to the EU High Representative, Frederica Mogherini, urging for the EU to cancel all agreements with India until human rights activists, that have been unjustly arrested, have been released and “the hunt against the Adivasis, Dalits, religious minorities and Kashmir, Manipuri people is stopped.”

The letter from the MEP's specifically demands the arrests, a few months ago … [of] lawyers, journalists immediate release of Prof. GN Saibaba, Varavara Rao, and human rights activists who have been implicated in Gautam Navlakha, Vernon Gonsalves, Arun Ferreira, totally fabricated charges … Surendra Gadling, Prof Shoma Sen, Sudhir Dhawle, Rona Wilson, Mahesh Raul, and Sudha Bharadwaj. The Indian Government adds these most recent raids and arrests to the continuous and relentless repression The letter also states: on the democratic voice and aspirations of the Indian. This amounts to a very serious attack on the already “We, the undersigned Members of the European crumbling state of democracy in India.” Parliament, condemn the raids on homes and arbitrary arrest of human and democratic rights activists across IDSN's welcomes the MEPs initiative to ask for the EU India, on August 28, 2018. to act on the politically motivated arrests and the

Amongst the people raided are Anand Teltumbde, Stan Swamy, Kranti Teluka and Prof K Satyanarayana. But the raids also included Arun Ferreira, Sudha Bharadwa j, Varavara Rao, Gautam Navlakha and Vernon Gonsalves, all five are now under arrest charged under one of the most draconian laws: the UAPA, Unlawful Activity Prevention Act.

This is one of the most barbaric laws, copied from the shrinking space for dissent and civil society in India. colonial law book, which allows an indefinite detention For more information on the situation see the (arrest) of any citizen the Government suspects of IDSN/MRG press release India: MRG & IDSN strongly having an intent to commit a crime against the State. condemn latest arrests of prominent human rights defenders . These raids and arrests are the follow up of the arbitrary The nine MEPs that have signed the letter are: UAPA, Unlawful Activity Prevention Act is one of the most barbaric laws, copied from MEP Maria Lidia Senro, MEP Ángela Valfino, MEP the colonial law book, which allows an Palomo López, MEP Julie Ward, MEP Merja Killonen, MEP Ana Gomes, MEP Clara Aguilera, MEP Ciprian indefinite detention (arrest) of any citizen Tanasescu, MEP Claude Moraes. the Government suspects of having an intent to commit a crime against the State. Source: IDSN

AMBEDKAR VISION July - Sep. 2018 4 ManualManual scavenging':scavenging': deathdeath tolltoll ofof IndianIndian sewersewer cleanerscleaners revealedrevealed Indians have died this September 2018 while cleaning sewers or septic 11tanks without adequate safety

At least one Indian worker has died while cleaning of thousands of Indians who still work in a job known in sewers or septic tanks every five days since the India as “manual scavenging”, emptying dry toilets by beginning of 2017, according to the first official hand, or cleaning septic tanks and sewers without government statistics on the work, considered one of protection. country's deadliest jobs and most insidious form of caste discrimination. Manual scavengers overwhelmingly belong to the Valmiki community, regarded among the lowest in the But activists and the National Commission for Safai intricate caste system that still shapes most Indian lives. Karamacharis (NCSK), the government agency that provided the data, say the real death rate is probably The spate of deaths has sparked protests in Delhi and much higher with many Indian authorities still donations of more than 1m rupees (£10,480) for the undercounting the number of such workers in their family of another man who died while cleaning a sewer, state. after a tweet went viral showing his son crying over his body. Eleven Indians have died so far in the month of September while cleaning Manhar Valjibhai Zala, the sewers or septic tanks without chairman of the NCSK, said adequate safety gear. Five died data collected so far by his in a single incident in the west of agency had shown 123 deaths in the capital, Delhi, when they sewers since the beginning of were allegedly pressured into 2017. He estimated at least cleaning a sewage treatment another 612 people had died tank. since 1993.

“Soon after [one of the men] The figures are the first official Umesh stepped into the plant, he statistics on a problem Indian fell unconscious,” a colleague Activists and the National governments have sworn to of the men, Kapil Kumar, told Commission for Safai Karamacharis eradicate since the 1950s, but the Hindustan Times. “Another (NCSK), the government agency NCSK officials admit they are worker entered to check him, that provided the data, say the real incomplete, cobbled together but he too fainted. Later, three based on English and Hindi others entered one by one, but death rate is probably much higher newspaper articles and figures they all fainted.” with many Indian authorities still supplied by 13 of India's 28 undercounting the number of such states and territories. The men were among hundreds workers in their state.

5 AMBEDKAR VISION July - Sep. 2018 are willing to prosecute an employer, establishing who is culpable, remains unclear.

State governments are also accused of burying the problem, presenting absurdly low estimates of the number of scavengers working inside their borders. Chhattisgarh state claims to have identified only three manual scavengers in its state, while Gujarat claims to have just two.

“There is no political will to solve this,” said Bezwada Wilson, the national convener of the SKA. “Enforcement agencies are not interested in eradicating scavenging because the government is not interested. If their cases would be filed immediately then the law would be enforced.”

More protests will be held in Delhi demanding central and state governments crack down on the practice.

State governments are also accused of Source: The Guardian burying the problem, presenting absurdly low estimates of the number of scavengers Caste is not a physical object like a wall of working inside their borders. Chhattisgarh bricks or a line of barbed wire which prevents state claims to have identified only three the Hindus from co-mingling and which has, manual scavengers in its state, while therefore, to be pulled down. Caste is a notion; Gujarat claims to have just two. it is a state of the mind. B. R. Ambedkar The figures also exclude those who clean dry toilets by hand, overwhelmingly Valmiki women, who do not risk asphyxiation but still develop diseases and injuries by handling faeces without protection.

Safai Karmachari Andolan, an activist group working to rehabilitate scavengers, says its data shows at least 300 people have died doing the work since the start of 2017.

Manual scavenging has persisted even though India has modernised, and is deeply embedded in the country's caste system, transcending religion - even among Indian Muslims there are communities associated with cleaning latrines and sewers.

Members of the Valmiki community told the Guardian this year that when they migrate to Indian cities, they are excluded from other jobs but cleaning. Across Delhi, men are often seen half-submerged in sewers without protection.

Indian governments have passed several pieces of legislation outlawing manual scavenging, the latest in 2013. But many scavengers are employed through several chains of subcontractors and even when police

AMBEDKAR VISION July - Sep. 2018 6 RRegionalegional conferenceconference onon equalequal accessaccess toto justicejustice callscalls forfor actionaction toto endend castecaste discriminationdiscrimination DSN member the Feminist Dalit Organisation - (Bangladesh, India, Moldova, Macedonia, Nepal, FEDO, in collaboration with Nepal Human Rights Pakistan, Romania, UK and USA) have come together Commission and Open Society Justice Initiative, in Kathmandu on 13-15 August, 2018, at the Regional organised a three day conference on “Equal access Conference on Equal Access to Justice for All: to justice for all: Using law to dismantle caste based Using Law to Dismantle Caste Based discrimination in South Asia.” Discrimination (CBD) in South Asia to express our solidarity in calling upon all the organs of the State and There were national human rights practitioners and inter-State bodies regionally and globally to end the advocates from the region, key state champions and caste and gender based discrimination and regional actors to highlight the state and national untouchability perpetrated against the communities efforts to advance the rights of Dalit and marginalized affected by this systemic and heinous crime and to communities. The practitioners shared their work for their development and progress within the experiences, examples of how organizations and parameters of equality, justice, equity and inclusion. coalitions are implementing wide-ranging changes to advance justice, and discuss ways that legal advocates 2) Recalling the terms of the Universal and community partners can collaborate across Declaration of Human Rights according to which all organizations and coalitions to forge a way forward. human beings are born free and equal in dignity and Participants released a declaration from the conference rights and are entitled to the rights and freedoms and a report has also been produced. The conference therein without distinction of any kind, including race, took place from 13-15 July. colour, ethnicity, sex, sexual orientation, gender identity, disability, language, religion, social origin, Kathmandu Declaration on Equal Access to Justice birth or other status; for All: Using Law to Dismantle Caste Based Discrimination in South Asia 3) Recognizing that caste-based discrimination is a violation of international human rights law Preamble affecting more than 260 million people worldwide, mainly in South Asia; 1) We, the National Human Rights Institutions, Civil Society Organizations of South Asia and Human 4) Taking note that Dalit and similarly Rights Organizations and Dalit Rights Movements marginalised communities remains socially and from the continents of Asia, America and Europe economically vulnerable, politically and

7 AMBEDKAR VISION July - Sep. 2018 educationally excluded and disempowered and continue to suffer from access to justice, 10) We are concerned that lack of adequate and marginalization and economic deprivation across the effective accountability measures and redressal world, mainly in South Asia; mechanisms at the local, regional and global levels impede full enjoyment of human rights by all due to 5) We recognize caste and gender based CBD; discrimination as one of the worst forms of discrimination in the world. Within the international 11) We stand in support and solidarity for the discourse, particularly in UN Systems, caste-based effective implementation of the UN OHCHR Guidance discrimination is referred to as Discrimination Tool for Elimination of Discrimination based on Work based on Work and Descent (DWD).We further and Descent (DWD); believe that promoting peaceful just and inclusive societies is possible by providing access to Justice for 1. We, therefore, call on the United Nations and all and the accomplishment of the Sustainable Member States Development Goals No. 5,10,16 and others adopted by the United Nations General Assembly (UNGA) in 12) To take necessary steps towards legal September 2015 is largely dependent on effective, empowerment of women affected by DWD/CBD inclusive and accountable justice systems and through enabling community leaders, paralegal institutions. practitioners and sub-national governments;

6) Dalit women are amongst the most 13) To prioritize and arrange for DWD Desks and marginalised people in the world. The caste hierarchy to give representation to the DWD/CBD communities and patriarchal structures multiply alienate Dalit at the National Human Rights Institutions and Women on the basis of class, caste, age, disability and proactively address such human rights violation cases; LGBTIQ. While Dalit women experience high levels of physical and sexual violence, their vulnerability is 14) To make necessary arrangements for largely a result of socio-economic deprivation, mechanisms and institutions to address all cases of cultural and political exclusion. violence and discrimination against Dalit women;

7) We recognize that 15) To ensure that UN D W D / C B D a f f e c t s Sustainable Development millions of people mainly Goals (SDGs) identify i n S o u t h A s i a a n d Caste and DWD as a worldwide. It violates a system which excludes wider range of civil, c o m m u n i t i e s a n d , political, economic, social, therefore, make proactive cultural and religious measures to address DWD rights; and caste and gender based discrimination across 8) We are aware that targets with necessary t h e r e r e m a i n indicators; constitutional, legislative and institutional gaps in 16) To urgently adopt the protecting and promoting Dalit women are amongst the most Draft Principles and the rights of Dalits and marginalised people in the world. The G u i d e l i n e s f o r t h e Dalit women; caste hierarchy and patriarchal structures Elimination of Descent a n d W o r k b a s e d 9) We are mindful multiply alienate Dalit Women on the Discrimination which was that the lack of equal basis of class, caste, age, disability and p r e p a r e d a n d access to justice for all, LGBTIQ. While Dalit women experience recommended by two particularly Dalit women, high levels of physical and sexual violence, e m i n e n t S p e c i a l children, people with their vulnerability is largely a result of Rapporteurs appointed for disabilities hinder their socio-economic deprivation, cultural and this purpose and which still overall development and awaits the UN Human well-being; political exclusion. Rights Council's formal

AMBEDKAR VISION July - Sep. 2018 8 recognition and approval; and introduce provision of emergency funds from the 17) To call for a UN governments to enable D e c l a r a t i o n a n d / o r victims of DWD/CBD and Convention for combating domestic violence to discrimination on work access justice; and descent and caste d i s c r i m i n a t i o n a n d 25) To document good establish a Special UN practices from past or F u n d t o s u p p o r t ongoing initiatives on representatives of those access to justice for all communities from across To urgently adopt the Draft Principles and within South Asia and the globe to participate in across the world, collect all UN processes on behalf Guidelines for the Elimination of Descent disaggregated data with of the community. and Work based Discrimination which was safeguards for misuse of prepared and recommended by two such data for policy 18) To initiate a Forum eminent Special Rapporteurs appointed interventions; on DWD issues similar to for this purpose and which still awaits the the Permanent Forum on 26) To increase public Indigenous issues and the UN Human Rights Council's formal f i n a n c i n g f o r Forum on Minority Issues recognition and approval. empowerment of people affected by DWD/CBD, 19) To give due recognition to the rights of the keep track of financial resources used for people growing population of DWD/CBD affected children affected by DWD/CBD; and youth, plan specially designed development projects that are relevant to their needs today and 27) To promote new technologies and approaches accordingly allocate sufficient budgets, in the elimination of caste based discrimination, implementation of laws and connecting the larger 1. We call on the nation states which have a large populations in South Asia and across the world and number of population affected by DWD/CBD: between countries;

20) To take urgent steps to fulfill the commitments 28) To accelerate global efforts towards made by the Busan Partnership for effective dismantling caste based discrimination in all its Development Cooperation on Promoting Sustainable manifestations and criminalizing such discriminations Development Goals in situations of conflict and with stronger penalties and creating basket funds for fragility by donors; providing legal support to the victims;

21) To invest more in legal empowerment to build 29) To ensure security of Dalit community in the capacity of Dalit community Paralegals, particular inter-caste marriages; particularly Dalit women for the consistency and quality of their efforts; 30) Take up measures for political participation and strengthen Capacity development initiatives for 22) To build and strengthen legal frameworks and Dalit and DWD communities; enforcement of justice systems and administration of Source: IDSN justice and implement available laws on access to justice for women and people facing DWD/CBD; I measure the progress 23) To encourage sub-national governments to of a COMMUNITY by make SDG Goals No. 5,10,16 and others a the degree of progress development agenda and codify SDG 16 in plans and which WOMEN have programmes to uplift of the Dalit community, in particular Dalit women; achieved.

24) To promote community-based justice services B. R. Ambedkar including institutionalization of the paralegal services

9 AMBEDKAR VISION July - Sep. 2018 female anti-trafficking activists kidnapped and raped in India - EU responds

The EU High Representative on Foreign Affairs has reiterated the 5EU's commitment to fighting caste- based discrimination and gender-based violence, following the rape of five female anti-trafficking activists in India, earlier this summer. The women were performing a play against human trafficking in Jharkhand state when they were abducted and gang-raped.

The statement from EU High Representative and Vice President of the EU Commission, Frederica Mogherini, came as a response to a question from the Member of the European Parliament. The MEP asked for details on how the EU can “strengthen its support and effectiveness in protecting human rights defenders in India, specifically through its delegation, the European Instrument for Democracy and Human Rights, and political dialogue?” and “What action will the EU take with the Indian authorities to dismantle the Mogherini stated, discrimination inherent in the caste system, particularly in view of the impunity for sexual crimes that result “The EU has been following the situation of human from.” rights in India, and in particular with regards to the caste system, the protection of women as well as the situation In her response to the Parliamentary question the of human rights defenders.

“The EU has been following the situation At the 2017 Universal Periodic Review of India, EU Member States raised the issue of the caste system and of human rights in India, and in particular protection of women, recommending for example to with regards to the caste system, the step up efforts for comprehensive protection of women protection of women as well as the and girls, in particular against sexual violence… Under situation of human rights defenders. At EIDHR the EU has been financing a number of projects the 2017 Universal Periodic Review of addressing caste-based and gender-based India, EU Member States raised the issue discrimination and violence, through ensuring access to justice and empowering women/dalit leaders and of the caste system and protection of human rights defenders.” women, recommending for example to step up efforts for comprehensive Source: IDSN protection of women and girls.

AMBEDKAR VISION July - Sep. 2018 10 Umar Khalid and the Hate Republic

By: Anand Teltumbde

Umar Khalid, a PhD scholar of Jawa harlal Nehru is the temerity of the assailants to publicly challenge University was attacked by a gun-wielding assailant institutions that reveals the brazen impunity they enjoy inside the premises of the Constitution Club on 13 August. under the current dispensation. After this shameful It should be noted that this incident took place in a high incident, the zeal with which trolls from the security zone barely 500 metres away from the Parliament camp celebrated it, is perhaps more revealing: “Really House just two days before independence day. Ironically, condemn the unsuccessful attempt of shooting!! Try he had gone to attend an event titled “Khauff Se Azaadi” lynching him next time... This kind of anti-national (freedom from fear), organised by a non-governmental elements must be eliminated as soon as possible...”; organisation, “United Against Hate.” The police reaction “Khalid hum sharminda Hain, tum jaise abhi bhi zinda was curious; they wanted to ascertain whether the incident hain” (Quint 2018). Are these not incitements to murder? was staged. As reported in Telegraph (2018), Meenakshi Are these people not identifiable? The police that Lekhi, member of Parliament, threatened Arun Ferreira's friends who tried to testify to ridiculed Khalid saying that he was playing the victim card his innocence when he was arrested in 2009 with the (2018). And some Hindutva bigots on social media Maoist tag, that they too would be booked as Maoists lamented the fact that he was still alive and swore that it (Srinivasan 2017), simply ignore such cognisable crimes. would not be so the next time around. This is not the first time that hate speech has gone unpunished on social media. This is still about the Khalid could well have been dead but for his friends who symptom and not the disease. Even if the man who pulled managed to throw off the killer's aim. He would have just the trigger is booked, the real culprits will still be at large. been added to the list of martyrs-Narendra Dabholkar, Khalid issued a statement on this attack where he wrote: Govind Pansare, M M Kalburgi and Gauri Lankesh-who were allegedly gunned down by right-wing assailants. This hate campaign against me has been going on for last While the Prime Minister delivered his speech from the two years. There is no evidence, only lies. There has been rampart of the Red Fort, trying to impress people with his no chargesheet, only media-trial... BJP leaders openly characteristic hyperboles and half-truths, he did not support those who say they will do “tukde tukde” of the express an iota of remorse over the “jungle raj” we have country… The real culprits were people breeding an seen over the past four years. “atmosphere of hatred, bloodlust and fear” from their seats of power and those providing a complete impunity for Who Is the Mastermind? “assassins and mob lynchers.” (Firstpost 2018) The next day, Khalid tweeted identifying the person who tried to shoot him. He was caught on CCTV camera. On 16 Along the Murder Trail Au gust, two men-Darwesh Shapur and Naveen Dala- Dabholkar, who crusaded against superstition through his claimed responsibility for the attack as “a gift of organisation, the Andhashraddha Nirmoolan independence” by circulating a video on WhatsApp. The Samiti (ANIS), struggled to get the antisuperstition bill police would otherwise display amazing intelligence in passed in the Maharashtra assembly. It was opposed discovering whatever documents required to establish a mainly by the orthodox Hindu outfits like the Hindu non-existent trail in an allegedly Maoist network. Janajagruti Samiti (HJS), a sister organisation of the However in this case, despite having pictures of the Sanatan Sanstha, a Goa-based extreme right-wing Hindu assailants, their identities, and posts on WhatsApp it took organisation headed by one Jayant Athawale. Two days more than a week for the Delhi police to arrest these men. before Dabholkar was gunned down on 20 August 2013, a caricature, published in the Sanatan Sanstha mouthpiece, The point, however, is not about the police, whose Sanatan Prabhat, depicted ANIS as a demon being slain credibility, in many cases, is an enduring question mark. It by the HJS, Hindutvavadi outfits and Warkari

11 AMBEDKAR VISION July - Sep. 2018 organisations. It was captioned “Dharmdrohi kayda various places exposed the hate infrastructure of the bargalala” (anti-religion bill falls flat). It clearly portended Hindutva forces. In four raids carried out in Nalasopara what followed. A day after, Athawale wrote in Sanatan and since 9 August, the ATS has reportedly Prabhat, “It's God's grace to die in a manner in which recovered 20 crude bombs, a large cache of firearms and Dabholkar died. It [instant death] is better than dying of a ammunition, including 16 country-made pistols, five prolonged illness or suffering from pain induced by airguns, 10 pistol barrels, seven pistol slides, nine surgical procedures” (India Today 2013). Although these partially-assembled pistols, 30 live cartridges, six pistol were clear enough clues, politicians rhetorically spoke of magazines, three partially-made magazines and springs banning the organisation but without any initiative to and triggers for firearms, gelatin sticks, 26 detonators, interrogate Athawale for his suggestive remarks. On 16 safety fuse wires, 150 grams of white powder wrapped in February 2015, Pansare and his wife were fired upon, newspaper, two bottles labelled “poison,” batteries, killing him and paralyzing his wife. Two more murders soldering equipment, PCB circuits, relay switches, a hand- would follow: Kalburgi's on 30 August 2015 and drawn partial circuit diagram, circuit drawings and Lankesh's on 5 September 2017. printouts on the composition of explosives. Apparently, and as the ATS reported, this cache is not just meant to kill The Sanatan Sanstha appears to be the anchor for all these individuals but to hatch bigger conspiracies to polarize murders. Founded in 1999 with the goal to establish a people to achieve their nefarious goal of a Hindu rashtra 'Hindu rashtra,' it openly professes slaying of evildoers (Raut 2018). and had a systematic timetable to reach its goal in 2023, which strikingly coheres with the Sangha Parivar's Those who were arrested at different points in time- versions. It terms the minorities, especially Christians and Vaibhav Raut, Sharad Kalaskar, Sudhanva Gondhalekar Muslims, as the biggest obstacles and speaks of the need to and Shrikant Pangarkar, Sameer Gaikwad, Virendra defeat even the police and military to build a Hindu rashtra Tawde, Amol Kale, Pars huram Waghmare-have been (Deshpande 2015). It considers “Violence towards associated with hardline Hindutva outfits operating in evildoers is non-violence” and not to slay (murder) an Maharashtra, Goa and Karnataka such as the Sanatan evildoer as sin (Narayan 2018). A list of 46 such evildoers Sanstha, its affiliate HJS, Sambhaji Bhide's Shri was recovered by the Karnataka Special Investigation Shivpratishthan Hindusthan and Pramod Muthalik's Sri Team from Amol Kale, “the mastermind” of Lankesh's Ram Sene. All these organisations are ideological babies murder that contained the names of many progressive of the hydra-headed . It is believed that the persons, including leading Goan writer Damodar Mauzo, chief of Sanatan Sanstha hypnotises people into human provoking an ongoing agitation in Goa to oust it (Yogesh robots to execute whatever is tasked to them. But the 2018). The public record of the Sanstha is replete with Sangh Parivar has over the years hypnotized masses of gory details, every bit of which is unlawful, which could people into Hindu automatons who turn gau rakshaks to shame even the worst terrorist but none could touch it. Can lynch innocent people to death and come out on streets in this happen without the blessings from those in power? thousands in support of a rogue criminal as they did in protest against the arrest of Vaibhav Raut in Nalasopara. Hate Infrastructure Much of the exposure of the murder conspiracy was It is this venom that benumbed masses into enduring accomplished by the Karnataka police, but the personal hardships unleashed by demonetisation, blinded Maharashtra police groped in the dark although most of them to the destruction of the nation with jingoistic the crime network existed on its soil and the first of its nationalism and made them celebrate lies as truth on to the crimes took place there. It was only after the reprimand path of self-destruction. It is the same venom that actuated from an “exasperated” bench of justices S C them to brutally beat up Sanjai Kumar in Motihari, Bihar Dharmadhikari and Bharati Dangre of the Bombay High just for commenting irreverently about Atal Bihari Court to the Central Bureau of Investigation as well as the Vajpayee on his Facebook page. It is this venom that government that the Anti-Terrorism Squad (ATS) raids in spilled out in the form of tweets in the wake of unprecedented human tragedy as in Kerala: “Please donate to keep Kerala Hindus. Christians & Muslims worldwide raising lots of money to help mainly their own people and agendas.” This tweet by the United States- based was retweeted in the thousands, including by the likes of Mohandas Pai (Sudhir 2018).

This hate republic is out to destroy India!

Anand Teltumbde ([email protected]) is a writer and civil rights activist with the Committee for Protection of Democratic Rights, .

AMBEDKAR VISION July - Sep. 2018 12 IOM Bangladesh: Rohingya Refugee Crisis Response - Situation Overview of Human Trafficking, October 2018 99 cases of trafficking and exploitation have been identified and directly assisted by 10M and partners, including 35 girls, 31 women, 8 boys and 25 men* Figures include cases identified and assisted until September 2018.

SITUATION UPDATE underage boys under Since 25 August 2017, an estimated 708,000 Rohingya forced labour. A total of nine have crossed into Bangladesh fleeing violence in females (including four underage Myanmar's Rakhine State, increasing the total Rohingya girls) have been found to be sexually exploited, while population in Cox's Bazar to more than 921,000. New four people did not experience exploitation because they arrivals are living in spontaneous settlements and are in were able to leave/run away before the actual need of humanitarian assistance. The challenges faced by exploitation occurred. While the number of confirmed both the Rohingya refugees and the host communities as cases are not represented, mainly due to the limited well as a lack of general awareness of the risks associated access to reliable data, 10M confirms that Rohingya with human trafficking in the camps have created children, women and men are targets for fraudulent favorable conditions for criminal networks to strengthen recruitment, abduction, forced prostitution, debt their presence and expand recruitment. Protection is bondage, abusive working conditions and forced labour. integral to the Rohingya Humanitarian Crisis Response IOM's research methodology consisted of interviews and and addressing protection needs ensuring the well-being Focus Group Discussions (FGDs) with more than 280 and safety of the most vulnerable in the population. Rohingya (children, women, men) and local authorities conducted in four locations (Shamlapur host community Between September 2017 and September 2018, 10M and Leda, Kutupalong and Balukhall camps) over a 4- Counter-Trafficking Programme in Cox's Bazar has month period. Additional information was collected identified 99 cases of trafficked and exploited Rohingya, through consultations with local NGOs, media and other including 26 women, 31 underage girls, 25 men and four actors present on the ground.

With almost no alternative sources of income or livelihood opportunities, Rohingya refugees are often willing to take whatever options are available, despite the risks involved for them and their children. The trafficking cases were reported to 10M or through partners by Rohingya with varying arrival dates in Bangladesh, including Rohingya who have lived in Bangladesh for several years as well as by those who have arrived since August 2017. Some Rohingya were targeted by traffickers on arrival.

Source: International Organization for Migration

13 AMBEDKAR VISION July - Sep. 2018 Dalit residents of Sweeper Colony suffer in silence

They are hired to clean choked drains, sewage lines and Berhampur Sweeper Colony. garbage, but the Dalit sweepers of Chaunri Berhampur Sweeper Colony are facing plenty of problems in their Due to unhygienic conditions, illiteracy and ignorance homes due to space constraints. many people have died prematurely in the sweeper colony. Drinking water is a major problem in the It is unfortunate that though the Dalit Colony is located colony and many families do not have latrines, said just at a stone's throw from the Collector's office and Bipin Naik, 53. Kendrapara Municipality, the babus have always ignored their problems. Papu Naik, a youth, said they do not have title deeds and hence have failed to avail several government Sources said that when the Kendrapara Municipality benefits. Due to this, residents of the colony have failed was launched in 1869, eight sweepers were hired for to enrol themselves in housing schemes, get income cleaning garbage and drains. Later, the sweepers settled and caste certificates. Their wards do not get benefits with their families near the Govari River and named meant for Dalit students. Many people have failed to their colony as Chaunri Berhampur Sweeper Colony. get NFSA ration cards and old age pensions, Papu added. The number of families now staying in the colony is around 50. While 18 persons from the colony are Students face problems in their houses due to space working for Kendrapara Municipality, 36 persons, constraints, as families generally congregate to watch including women, have been engaged as DLR, while TV and gossip, said Hemalata Naik and Manashi Naik, 32 are working in private firms. who are students of Kendrapara Autonomous College.

Many youth from the colony have failed to get jobs and "It is unfortunate that nobody has helped us to solve our they are surviving by cleaning latrines, said Rajan problems. We have approached the Collector, Naik, a sweeper. Kendrapara Municipality, the MLA, ministers and the local MP in vain," said Noka Naik, 65, of the colony. The municipality used to provide quarters to sweepers. But those have now turned into ramshackle houses. If Apart from this, the colony residents are considered anyone visits the sweeper colony they can see untouchables by many. Due to this they have polythene sheet covered roofs as the government is not constructed a Mangala temple in their colony, a maintaining the quarters. The sweeper colony is an resident said. unhygienic place, said Amar Naik. Source: Daily Hunt "All the houses are run down. During rains we face lots of problems. The quarters cannot accommodate more than three persons, but 8 to 10 people are staying in many houses," he added.

"During the day we manage cooking, eating etc. At night the men generally go to the street or to the front side of Bhaskar Talkies to take rest. During rainy days life in the sweeper colony is difficult. Most families have to spend sleepless nights due to space constraints," said Tikina Naik, a sweeper of Chaunri

AMBEDKAR VISION July - Sep. 2018 14 New Christian Divorce Bill to be formulated'

Federal Minister for Human Rights Dr Shireen M of minorities to ensure their freedom and security,” she Mazari has committed to ensure the implementation of said adding that protection of rights of minorities and Hindu marriage and divorce laws and formulation of a improve their socio-economic status was one of the new Christian Divorce Bill. governments' top priorities.

She said that while talking to the representative delegation of Christian and Hindu communities in a meeting held to discuss the laws and rules for protection of minority rights. Members of the delegation also put forward suggestions in this regard.

The delegation was also briefed about the implementations of laws, policy and measures. Federal Minister for Human Rights Dr Shireen M Mazari said that concrete steps have been taken through comprehensive strategy to ensure the protection of rights of minorities, adding that Pakistan's constitution Federal Minister for Human Rights Shireen Mazari said guarantees the protection of human rights including the that the government has always taken pragmatic rights of minorities. measures to ensure the better status of minorities without any prejudice. She further said that all the “The government is committed to protect the due rights minorities in Pakistan have religious freedom and complete security, adding that they are enjoying complete freedom as equal citizen of the beloved nation.

Members of the delegation appreciated the endeavours of government especially the Ministry of Human Rights for the Protection and promotion of rights of minorities and assured their full support in this regard.

Source: The News International

Religion must mainly be a matter of principles only. It cannot be a matter of rules. “The government is committed to protect The moment it degenerates the due rights of minorities to ensure their into rules, it ceases to be a freedom and security,” she said adding religion, as it kills that protection of rights of minorities and responsibility which is an improve their socio-economic status was essence of the true religious act. one of the governments' top priorities. B. R. Ambedkar

15 AMBEDKAR VISION July - Sep. 2018 Ambedkar Society for South Asia