Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: IND32119 Country: India Date: 24 August 2007 Keywords: India – Haryana – Rod (Chowdhary) Caste – Panchayad – Legal Status This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. _______________________________________________________________________ Questions 1. Please provide information on the Rod (Chowdhary) caste in Haryana, particularly any discrimination they might face as members of that caste. 2. Question removed. 3. Please provide information on the role of the Panchanyad in Haryana. 4. Does a Panchanyad have legal status? 5. What kind of role do the members of the Panchanyad undertake? RESPONSE 1. Please provide information on the Rod (Chowdhary) caste in Haryana, particularly any discrimination they might face as members of that caste. A search of the sources consulted found little information regarding the Rod (Chowdhary) caste in Haryana. An article in Frontline dated 10-23 September 2005 refers to comments by the secretary of a literacy campaign in Haryana regarding “pastoral communities like Gadariya and Rod” (Rajalakshmi, T.K. 2005, ‘Power of literacy’, Frontline, Volume 22, Issue 19, 10-23 September http://www.hinduonnet.com/fline/fl2219/stories/20050923002404600.htm - Accessed 8 August 2007 – Attachment 1). An article in The Tribune (Chandigarh) dated 22 October 1999 indicates that a former Haryana Pradesh Congress (I) Committee chief wanted “the benefit of reservation” to “be extended to the left-out backward classes of Jat, Bishnoi and Rod in Haryana” (‘Implementation of report sought’ 1999, The Tribune (Chandigarh), 22 October http://www.tribuneindia.com/1999/99oct22/haryana.htm#5 – Accessed 8 August 2007 – Attachment 2). The Rod Caste is not on the central list of other backward classes in Haryana on the National Commission for Backward Classes website (‘Central List of Other Backward Classes - Haryana’ (Undated), Government of India, National Commission for Backward Classes (NCBC) website http://ncbc.nic.in/backward-classes/haryana.htm - Accessed 8 August 2007 – Attachment 3), nor on a list of Scheduled Castes in Haryana on the Census of India website (‘List of Scheduled Castes and Scheduled Tribes – Haryana’ (Undated), Census of India website http://www.censusindia.net/results/harscst.PDF - Accessed 8 August 2007 – Attachment 4). There is also mention of a Rode community in Haryana. An article dated 11 May 2006 in The Hindu refers to “the land-owning Rode community” in a village in Karnal district, Haryana (Narrain, Siddharth 2006, ‘Justice for Dalits still a dream’, The Hindu, 11 May http://www.hinduonnet.com/2006/05/11/stories/2006051105731100.htm – Accessed 28 March 2007 – Attachment 5). 3. Please provide information on the role of the Panchanyad in Haryana. 4. Does a Panchanyad have legal status? 5. What kind of role do the members of the Panchanyad undertake? A search of the sources consulted found no information regarding the role of the panchanyad in Haryana. There was reference found to panchayats in Haryana and in other parts of India. A recent article dated 23 April 2007 by Justice P.N. Bhagwati, a former Chief Justice of India, provides information on the Panchayati Raj system in India. It is stated in the article that: ‘Panchayat’ literally means assembly (yat) of five (panch) wise and respected elders chosen and accepted by the village community. Traditionally, these assemblies settled the disputes between individuals… Mahatma Gandhi advocated Panchayati Raj, as a decentralized form of Government where each village is responsible for its own governance. He coined the term “Gram Swaraj”, which when translated into English means Independent Village Republics. It was indeed the prophetic ability of the father of our nation to see that a country, which is primarily rural, cannot develop if the people in its villages are unable to make decisions that affect them most… The founding fathers Independent India recognized the concept of self-governance vide Article 40 in the Directive Principles of State Policy of the Indian Constitution and provided for the setting up of village Panchayats. However, as the Directive principles of State Policy are non-justiciable there was no pressure on any state to set up such a system. Many saw this Article as a concession to Gandhi, rather than as a serious matter to be immediately implemented. … In the year 1993, the union government amended the Constitution of India. The amendments known as the 73rd and the 74th amendments, mandated the empowerment of local governments-rural and urban respectively, as constitutional entities. The 73rd and 74th amendments to the Constitution of India constituted a new chapter in the process of democratic decentralization in India. The amendments were seen as a revolution based on maximum democracy and maximum devolution. The Constitution (73rd Amendment) Act, 1992 envisages States to establish a three-tier system of strong, viable and responsive Panchayats at the village, intermediate and district levels. It also lays out 29 areas of responsibility that have been given to the Panchayats, which cover almost all aspects of village life. Similarly, the Constitution (74th Amendment) Act, 1992 envisages the establishment in municipalities in the urban areas. States are expected to devolve adequate powers, responsibilities and finances upon these bodies so as to enable them to prepare plans and implement schemes for economic development and social justice. These Acts provide a basic framework of decentralization of powers and authorities to the Panchayati Raj/Municipal bodies at different levels. However, responsibility for giving it a practical shape rests with the States. States are expected to act in consonance with the spirit of the Acts for establishing a strong and viable system of local self- government. The Panchayat Raj system has a three-tier structure, viz (i) the Village Panchayat or the Gram Panchayat, (ii) the Panchayat Samitis and (iii) the Zila Parishad. These bodies, which are legally local government, have pyramidal structure. At the base is the gram Sabha – the entire body of citizens in a village of “Grama”. This is the general body that elects the local government and charges it with specific responsibilities. This body is expected to meet at specific times and approve major decisions taken by the elected body. (Above this basic unit of democracy, is) the Gram Panchayat, which is the first level elected body. The middle rung institutions are the Panchayati Samitis, which function as the Block Level; each Block consists of many villages. Finally, there are the Zila Parishads that function as the District Level. The purpose of these two institutions is mainly to co-ordinate the activities of the Gram Panchayats and to provide them with such capacities that cannot be created solely at the micro level. The powers that these Panchayats enjoy are enshrined in the laws enacted by each state, and, in India, there is considerable variation across states. …Today new provisions relating to the 73rd and 74th amendments have been incorporated in Part IX of the Constitution in India. As this point, I would like to introduce to you the basic features of part IX of the Constitution. * Constitutional status to the Panchayats, giving them uniformity by making the three-tier system a permanent feature. * Panchayats to be constituted in every State at three tiers: the village, intermediate and district level, except in States with a population not exceeding 2 million where there will be only village and district Panchayats. * Establishing a village Assembly or Gram Sabha in each village, which would exercise such powers and perform such functions at the village level, as the State may provide by law. * Members of Panchayats at all levels will be elected through direct elections. The election of the chairperson at the intermediate and district level will be through indirect elections. * Seats are reserved for marginalized communities called Schedule Castes and Scheduled Tribes at all levels according to their population. Not less than one-third of seats are reserved for women. * The office of chairperson will also be subject to this provision of reservation. * A uniform five-year term has been granted to the Panchayats. However, in case of premature dissolution, elections must be held within six months of the date of dissolution. * Panchayats are tacked with (i) preparing plans and implementing schemes for social justice and economic development; (ii) in regard to matters listed in the 11th Schedule. * State legislature authorizes the Panchayats to levy, collect and appropriate suitable local taxes. The Government can make grants-in-aid to the Panchayats from the Consolidated Fund of the concerned State. * Review of the financial position of the Panchayats will be undertaken by a State Finance Commission, which shall be constituted every five years. * State Election Commissions shall be constituted in each state to ensure free and fair elections to the Panchayats.