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Indian civilization. They are forced to live in servitude and have been
denied all opportunities of in social, educational, cultural, economic and
political fields for thousands of years on the basis of religion and caste,
as a result, they were declared unapproachable, and
untouchables.Although they are generally understood as people
belonging to the so called lower castes in the atrocious Hindu caste
system. Caste is the by-product which is the byproduct of Chaturvarna
Vyavastha which divided the people into four rigid varnas (classes)
Brahmins, Kshatriyas, Vaishyas and Shudras and Dalits are seen as
Shudras. Shudras is a caste associated with scavengers, or safai
karamcharis in the Hindu society. Some see Dalits as a special type of
minority, where the cause of discrimination and exclusion is not distinct
identity.

In contradiction to the general understanding of the term ‘Dalit’, Dr.

B.R. Ambedkar believed that Dalits should be treated as a distinct class
of people not belonging to the Hindu religion, as the other classes of
people under the Hindu religion treated them worse than slaves and
more like beasts. He argued to negating the argument of Dalits being
Hindus by suggesting Dalits to ask some penetrating questions to the
leaders of Hindu Religion. Can Hindu Religion accept their status as
human beings? Does Hindu Religion stand by their side for their
equality? Can Hindu religion help them in cultivating brotherhood

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between the Dalits and the Hindus? Can the Hindu Religion teach to the
Hindus that the untouchables are their brothers? In short, can the Hindu
religion universalize the values of life equally for all without any
discrimination towards the Dalits.Dr. Ambedkar proved that Dalits are a
separate entity in India in the round table conference held in London
during the years in 1930-1932. It was because of these relentless efforts
of his the British Government was forced to enact laws for the welfare of
the scheduled castes. Since he was the chairman of the drafting
committee he ensure that there are provisions in the constitution to
protect the rights of the Dalits or as he called it the schedule castes.

(2). Caste Discrimination :- Indian Approach.

Dr. Ambedkar said “Hinduism consists of what is opposed to the noble spirit of human rights”. Dr. Ambedkar believed that
religion plays an important role in the shaping of the society. Writing about it he says that, the work of the religion is similar
to the work of the law or to that of the government. It is an instrument through which the religious leaders control the
behavior of the individuals in the society.
Communities are such head facts of Indian social life that it would be wrong to accept that communal impulse and
communal prejudice do not dominate the relations of the communities. The social psychology of the Hindu Communal
Majority is dominated by the dogma which recognizes not merely inequality among the various communities. This dogma of
graded inequality is absolutely inimical to liberty and fraternity. It cannot be believed that this graded inequality will vanish or
Hindus will strive to abolish it. That is impossible. This inequality is not accidental or incidental. It is deem rooted in the Hindu
religion and no Hindu can think of doing away with it. The Hindu communal majority with its religion of graded inequality is
both: a permanent fact and a menace forever.” i.e. for the social justice and human rights.

Hinduism has its roots in Brahmanism which is a doctrine of inequality and denies freedom and fraternity to a large chunk of
its followers, the Hindus of lower castes, like untouchables, shudras or Dalits. When the Hindus themselves are divided into
lower castes and higher castes, the inferiors and the superiors, the touchables and the untouchables, etc., the violation of
human rights is natural in the Hindu society. It means the creed of Hinduism can hardly be called the creed of Hinduism can
hardly be called a religion of freedom, equality and fraternity; rather its roots may be found in its doctrine of chaturvarnya,
i.e., the classification of Hindus in four classes- Brahmins, Kshatriyas, Vaishyas and Shudras, is inbuilt society violating the

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human rights. Hinduism, thus consists of several castes and sects, which denies the opportunities to lower castes’ people of
education, arms and trades to rise in life. All the rights – social, economic and political, have been invested in the upper
three Varnas – Brahmins, Kshatriyas and Vaishyas, and the Shudras were bereft of all rights, then, what to say about the
human rights for the Shudras, Untouchables and the Dalits.

If we want the Dalits to assimilate into the mainstream of the Hindu society and follow up the principle of social integration,
i.e., ‘Samrasta’, then we will have to apply serious mind to the problems raised by Dr. Ambedkar and see to it that the
behavior of the Hindus towards the Dalits change suitably. Dr Ambedkar has said that the Dalits can for sure ask some
penetrating questions to the leaders of the Hindu religion. The can ask: “Can Hindu Religion accept their status as human
beings? Does Hindu Religion stand by their side for their equality? Can Hindu religion help them in cultivating brotherhood
between the Dalits and the Hindus? Can the Hindu Religion teach to the Hindus that the untouchables are their brothers?
Can Hindu religion say to the Hindus that treating the Dalits as animals or behaving is a blot of sin on the head of the Hindu
religion? Can Hindu religion teach its followers to cultivate friendship with the Dalits? Can Hindu religion say that the Hindus
should love untouchables, should look at them with respect? In short, can the Hindu religion universalize the values of life
equally for all without any discrimination towards the Dalits?”

In order to establish social integration i.e., ‘Samrasta’ and in order to retain the Dalits into the fold of the Hindu religion or to
bridge the gap between the Dalits and the Hindus the leaders of the Hindu religion will have to ponder over the problems of
the Dalits.

(3). Dalit : India's Constitutional Categories.

The relentless struggle launched by Dr. B.R. Ambedkar against the caste
oppressions, forced the British Government to enact the laws for the
welfare of the scheduled castes. Being the chairman of the drafting
committee of Indian Constitution, Dr B.R. Ambedkar provided certain
constitutional provisions to protect the rights of Dalits in social,
economic, educational, employment, and political fields, in the form of
protective discriminations or preferential treatments or reservation
policy.

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With object of promoting the educational, economic, and political

interests of scheduled castes, the constitution of India provides the
following safeguards.
They are as follows:
1. Article 14-proclaims right to equality.
2. Article 15- of the constitution outlaws discrimination on the grounds
of religion, race, caste, sex or place of birth.
3. Article 16 & 35-equality of opportunity in matters of public
employment for SC/STs.
4. Article 17-proclaims abolition of untouchability, practice of
untouchability in any form is forbidden and punishable under any law.
5. Article 46-state shall promote the educational and economic interests
of SC/STs and protect them from social injustice and all forms of
exploitation.
6. Article 23-prohibition of traffic in human beings and forced labour.
7. Article 29(2)- forbidding or any denial of admission to educational
institutions maintained by the state or receiving grant out of state funds.
8. Article 330-special representation in the lower house of parliament in
proportion to the population to the population of SC/STs.
9. Article 332-special representation of SC/STs in state Legislative
Assemblies in proportion to the population of SC/STs.
10. Article 338(1)- appointment of national commission for SC/STs to
investigate all matters relating to the safeguards provided in Indian

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constitution for social, educational and economic advancement of

SC/STs in India.

Despite constitutional safeguards guaranteed to SC/STs in Indian

constitution, the violation of human rights of Dalits has been continuing
uninterruptedly. The discrimination against Dalits in one of the prime
universities i.e. the Delhi University is well known. The courts have
intervened time and again to secure Dalit rights but the University
continues to engage in discriminatory practices for e.g. the Delhi High
Court on 24th July, 2012 issued notice to the Delhi University on a plea
challenging the allegedly discriminatory policy adopted for admitting
students from the Scheduled Castes and Scheduled Tribes (SC/ST).
They alleged that the information bulletin for Dalit candidates was
improper and of poor quality as compared to the kit for the general
category students. "While a 70-page information bulletin, printed in
colour with a personal message from the vice-chancellor and with
information like the last year's cutoff marks, information about
grievance and placement cell and a city map indicating the colleges'
location, was given to the general candidates, the SC/ST candidates were
given a shoddily printed eight-page bulletin without the necessary
information," alleged a petitioner."The general category candidates
could register using the online facility from anywhere in India, SC/ST
candidates had to come physically to Delhi with all their original

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certificates to even obtain the registration form," the petition said. The
petitioners alleged that while a general category candidate could register
for all or any of the courses and colleges, an SC/ST candidate had a limit
of 30 choices.

The reasons for atrocities on SCs are attributed to their extreme poverty
and illiteracy. The following acts have been enacted to prevent atrocities
on SCs. They are as follows:
1. Protection of Civil Rights Act, 1955.
2. SC/ST (Prevention of Atrocities Act), 1989.
3. Protection of Human Rights Act, 1993.
4. The SC/STs (Prevention of Atrocities Act), 1995

To prevent the atrocities against scheduled castes the above laws need to
be implemented more strictly. The officers of state who do not take
interest in the atrocity cases be dismissed from service. Then cases of
atrocities should be tried ensuring that there is no political interference.
Civil society organizations should be made active to uplift the status of
Dalits. Moreover the government needs to change its mentality as India
can in no sense be called a developed state in the near future if 160
million people in the country live without dignity and basic freedoms.
The governments should stop making a mess of the Dalit rights issue.
The politicians it is said are looking at the Dalits as their vote banks and

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therefore, they have been extending the limit of reservation every ten
years. Merely giving the Dalits some concessions or appeasing them
does not solve the problem. The government can say those things which
are not palatable both to the Dalits and non-Dalits. It has been seen if a
government wants to solve an issue it can be solved this has been true in
the case of child marriage, widow remarriage etc. In such a scenario a
question can be asked whether there is a firm desire at the political level
to find a solution to this problem or not.

(4). The Approach of the Government and United Nations -

International Convention on Civil and Political Rights (ICCPR),

International Convention on Social, Economic and Cultural Rights
(ICESCR), Convention Against Elimination of Racial Discrimination
(CERD) and ILO have ignored the existence of caste-based
discrimination in India. But many Human Rights Organizations aired
their voice against the caste based discriminations and also the violation
of the rights of the Dalits in India. As a result, UN human right bodies in
the recent years acknowledged and addressed the existence, prevalence
and persistence of caste based discrimination in India and the rest of
South Asia. It is only in 1996 the CERD committee made its first
reference to caste discrimination, untouchability and scheduled castes.

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Government of India argued that caste based discrimination does not

come under the purview of CERD. Savitri Kunadi, India’s then
permanent representative to the UN office has put on record official
position that caste- system does not fall within the purview of racial
discrimination.

However now after the efforts of the various activists the government
has accepted that violation of rights of the Dalits fall under the purview
of the CERD and UN since then has been trying through its various
human rights bodies to uplift the status of Dalits. A research done by
UNHCR to demonstrate the status of Dalits in India gave the following
recommendations for the government’s action in cooperation with the
UN-
# Invite the Working Group on Arbitrary Detention, and the Special
Rapporteurs on Torture, on Extrajudicial, Summary and Arbitrary
Executions, and on Violence against Women to visit India. The
government should encourage them to include in their investigations
allegations of illegal detention, abuse, and deaths of Dalits in police
custody, of fake encounter killings, and of violence against Dalit
women, including abuse by the police and by private upper-caste
militias.

# Implement the recommendations of the 49th session of the Committee

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on the Elimination of Racial Discrimination (CERD). In particular, the

government should implement the recommendation that "special
measures be taken by the authorities to prevent acts of discrimination
towards persons belonging to the scheduled castes and tribes, and in the
case where such acts have been committed, to conduct thorough
investigations, to punish those found responsible and provide just and
adequate reparation to the victims." As per committee recommendations,
the committee's findings should be available to the public in local
languages.

# Promptly submit the Indian government's next periodic report on

compliance with the International Convention on the Elimination of All
Forms of Discrimination to CERD, as this has been overdue since
January 4, 1998. As requested by CERD, the report should include
"detailed information on the legislative aspects and the concrete
implementation of the Directive Principles of the State Policy of the
Constitution," as well as information on the powers and functions of the
National Commission for Scheduled Castes and Scheduled Tribes.

# Promptly submit the Indian government's initial report on compliance

with the Convention on the Elimination of All Forms of Discrimination
against Women to the Committee on the Elimination of Discrimination
against Women, as this has been overdue since August 8, 1994.

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# Ratify the United Nations Convention against Torture and Other

Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, 1984.

(5). Conclusion :-

At the end of the research it easy to arrive at the conclusion that the
problem of atrocities against Dalits is a major problem, and a situation
that clearly contradicts India’s claim of being modern. This problem is
not only restricted to the rural India but is also a problem of the so
called developed cities of the country. To support the conclusion a
recent incident can be quoted where “A teenaged Dalit girl was
allegedly abducted from her house in Faizabad in Uttar Pradesh and
gang-raped in Delhi by four men. According to the police, the girl was
abducted on December 15 and was raped by four men in a moving car.
She was later dumped at a bus stand, say the police.”Then the constant
discrimination against Dalits in the Delhi University as stated above
proves the casual attitude of the government towards protecting Dalit
rights.

The ultimate solution to the problem lies in the change of hearts of

both Dalits and non-Dalits and development of human relationships
between them. The political parties need to really take efforts to uplift
Dalits then just using them as vote banks. Inter caste marriages should
be promoted so that the people can think out of their caste borders.
We also need to strive for economic equality. The economic inequality
is a big problem which inhibits social integration.

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It is necessary to bring about a change in the thinking and the attitude

of people. The leaders will have to put in much more efforts to change
the mentality of the non-Dalits and also that of the volunteers. It is
necessary that the Dalits welcome positive changes that are coming
about in the Hindu religion and they should adjust to these changes.
Reservation is not a permanent solution but an interim relief. Realizing
this, the Dalits will also have to accept the principles of social integrity
and find out the roads of amalgamating in the mainstream of the Hindu
society and they should prefer to walk to that path.

The Dalits should cultivate a mentality that they are a part of the Indian
culture and also a part of indivisible India and they should rush out
themselves to integrate in the mainstream of Indian culture without
waiting for anybody else to invite them for this noble cause. They
should also shed of the feeling that they are a special class by
themselves and they need help and assistance from others. They will
have to see ways and means beyond reservation to uplift their social
and economic status.

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