A people’s court to recognize the dalits
May, 29th, 1947. Indian constitution. Article 17. The country with Hindu apartheid officially abolished untouchability. But the reality is totally different, and prejudice is still alive. We cannot assert the same thing about the millions of Dalits, directly victims of segregation and undoubtedly cast off. As they are truly forgotten by justice, they do not have any access to the traditional courts. The IPT thus enables them to speak in hearings, like the ones of last May. Orchestrated by the HLRN and the NCDHR, this event marks once more a turning-point in the struggle for the abolition of “cast bondage”. More than sixty victims, from different parts of the country, testified to the atrocities they have suffered.
For this event, people’s alternative court had assembled 46 national organisations and personalities such as Rajya Sabha, Nirmala Deshpande and activists such as Harsh Mander. The court listened to the victims and their poignant witness accounts. "They had faced fear, horror or agony…", "she was obliged to walk naked before she was tortured…", "he was forbidden to have any access to water…" Others, even, were not attending the trial, such as these 21 untouchables who were killed in Uttar Pradesh last year after a street brawl. And the list of the persons penalized by the flawed Indian legal system is long. “These two days of hearings are the saddest days of India” said the trial jury.
More than defence, the dalits are today demanding acknowledgement.
Physical or moral, the violence caused a real national trauma. Even if they were hidden and went unpunished for too long, the discrimination that has affected more than 170 million Untouchables (i.e. 17% of the Indian population) is today decried by many organisations. The IPT confirms us that “despite the 1989 law which set up a legal mechanism to incriminate those who commit violence against the untouchables, mistreatment is still present.”
The court, which plays an advocacy role without having true judicial value, provides greater weight in the eye of the public at large with respect to those who suffer discrimination. It plans to take steps to point out both individual and collective responsibilities. The aim is more to initiate action to re-establish justice and to unveil the responsibilities in the long term, rather than returning verdicts. The IPT suggested implementing a national agenda to eliminate untouchability practices which would work as a true action plan to continue to raise civil society’s awareness. The committed consortium of organisations will go to meet the high political representatives, among them the Prime Minister, Manmohan Singh. They will ask him both to intervene and create a National Equality Council and to provide funds to carry out true and effective actions. Marginalized people, supported by various partners, also strengthen their commitment by implementing social action groups [4] to denounce human rights violations. There is a resonance in the North also. [5] We can be pleased with this event which is not only symbolic, but also engenders a certain capacity for pressure. It is particularly important as this kind of structure takes root gradually within society. The claims are very laudable - allow the voice of broken men and women to be heard.
Also read: Resonances Asia N°15 - June 2007
