SMS Help line to Address Violence Against Dalits and Adivasis in India
Type ATM < your message > Send to 9773904050
Case posted by | |
Case code | AB 0023 |
Case year | 02-Feb-2002 |
Type of atrocity | Murder |
Whether the case is being followed in the court or not? | Yes |
Fact finding date | 02-Mar-1992 |
Case incident date | 02-Feb-1992 |
Place | Village: Not recorded Taluka:Not recorded District: Ahmednagar(DP) State: Maharashtra |
Police station | Not recorded |
Complaint date | 03-Mar-1992 |
FIR date | 16-Apr-2005 |
National Dalit Movement for Justice (NDMJ) - NCDHR
A Brief History
Scheduled Castes (SCs) and Scheduled Tribes (STs) are two of the most vulnerable communities in India in terms of discrimination and violence committed against them. Some of the worst forms of violence they face have been officially recognised as atrocities covered under the SC/ST (PoA) Act, attracting higher penalties in order to deter the occurrence of such crimes. These crimes occur on the basis of SCs and STs’ ascribed caste and ethnic identity respectively and because, inter alia, they are minorities; because they are excluded from full enjoyment of national and state level resources and power; and because the SCs in particular are considered ‘untouchables’ and hence denied social mobility within the caste system. Women from these two communities are particularly vulnerable to violence due to the intersections between their caste/ethnic and gender identities, and they often bear the brunt of atrocities directed at themselves, their families and/or their communities.
However, Dalit and Adivasi communities have been increasingly and powerfully asserting their rights and demanding the entitlements denied to them for centuries, as well as protection of the few entitlements they enjoy. This has resulted in a further increase in atrocities against them, with new forms of caste/ethnicity, class and gender based discrimination and violence emerging over the years.
On the other hand a very large part of the civil society, too, has been insensitive and indifferent to discrimination and atrocities faced by Dalits and Adivasis. Dominant caste led group massacres of Dalits, honour killings, systematic sexual violence against Dalit and Adivasi women, forcible denial of forest and land rights to Adivasis, alignment of dominant caste forces in the form of khap panchayats, forcible denial of effective political participation to Dalits and Adivasis within the decentralized governance system – all such happenings are indications of the dominant castes attempting to protect and perpetuate the hierarchical caste system and their control over resources and power. The collusion of state institutions and actors with casteist forces in denying justice to the Dalit and Adivasi victim-survivors by silencing them, or suppressing the facts, or bullying them into fear and submission shows how the law and order machinery can be made to bend to the will of the dominant caste groups.
The above worsening situation and wide spread caste based discrimination prompted many of the Dalit and Adivasis activists to call for an urgent national campaign to highlight Dalit Human Rights and to uphold that “Dalit Rights are Human Rights.” National Campaign on Dalit Human Rights was initiated in October 1998 by 78 Dalit activists from across India and launched on 10 December, 1998, on the International Human Rights Day. In the backdrop of the 50th year of Indian independence and the 50th anniversary of the Universal Declaration of Human Rights, it called for an urgent national campaign to highlight Dalit Human Rights and to uphold that ‘Dalit Rights are Human Rights’. The National Campaign on Dalit Human Rights is the first ever campaign to highlight and take up the cause of human rights for Dalits at a national level. It is a platform of Dalit activists, advocates, students, academics, employees - both women and men - as well as SC/ST trade unions and Dalit movements. Led by Dalits, many other progressive forums and movements of women, environmentalists, civil rights and human rights at the local and national level, who are also committed to Dalit Human Rights, support the Campaign irrespective of caste, creed or religion.
(a) All India Dalit Mahila Adhikar Manch (AIDMAM):AIDMAM is a forum of Dalit Women committed to challenging the nexus of patriarchy, caste, culture and class oppression, exploitation and marginalization of Dalit Women. AIDMAM has membership and solidarity of Dalit & non-Dalit women, Dalit men and other human rights defenders committed to the cause of protection and promotion of the rights of Dalit Women under the leadership of Dalit Women.
(b) NationalDalit Movement for Justice (NDMJ): NDMJ involves in the criminal justice administration systems to address issues of access to justice for those affected by atrocities and violence. The main vehicle is the SC/ST POA Act and NDMJ advocates to strengthen survivors and victims as they use the law for access to justice - both penal and pecuniary. It work with the executive, the judiciary and the policy makers and peoples representatives in bringing the voice of the survivors and victims and to ensure effective implementation of existing acts and measures.
(c) Dalit Arthik Adhikar Andolan (DAAA): DAAA looks at the various economic rights of Dalits including education and entrepreneurship. It uses the Union and state Government budgets as the main vehicle to tracking schemes and entitlements of Dalits. It involves in advocacy with policy makers and executives in strengthening the existing policies and tracking it for accountability and transparency.
(d) International Advocacy: NCDHR advocates internationally in three areas. It focuses on UN mechanisms to use them to address Caste Based Discrimination through several treaty bodies and charter based mechanisms. It participates in the Human Rights Council and other process for relevant interventions. It works with International Human rights Organisations during grave atrocities as well as campaigns for strengthening the Criminal Justice Administration. It supports several Dalit solidarity bodies initiated in over 6 countries to advocate for Dalit rights in UN as well as in the EU.
(e) National Dalit Watch in Disaster Risk Reduction: Monitoring Disaster Response and Preparedness for Inclusion & Equity, working towards developing tools and methods to map, document and mitigate caste-induced vulnerability and discrimination in disaster preparedness, mitigation, response and rehabilitation for inclusion of Dalits in disaster management.
National Dalit Movement for Justice
The National Dalit movement for Justice (NDMJ) is a democratic, secular, non-party movement of Dalit survivors, defenders, academics, organizations headed by Dalits to initiate advocacy and involve in mass action to address the issues of caste based discrimination (CBD) and violence (primarily untouchability and atrocities) to ensure dignity, equality and justice. It is one of the four movements that comprise the National Campaign for Human Rights (NCDHR). It has presence in 17 states across India to organize, educate and mobilize the Dalit community, organizations and civil society to promote and protect civil and political rights of Dalits.
FDemand state accountability for the inadequate implementation of the SC/ST (PoA) Act.
FInsist on adequate political will to ensure state implementation of the Act in toto.
FCall for legislative amendments to the Act to expand and strengthen its scope and provisions, particularly regarding the rights of victims and witnesses.
FSpeak out forgreater gender focus in the Act.
FEnsureexclusive judicial mechanisms to ensure speedy trials so as to fulfill the deterrence purpose of the Act.
FClamour for inclusion in the Act the excluded marginalised communities: various tribal and ethnic groups in the country; SCs/STs belonging to religious minority communities especially Muslims and Christians; and SC/ST migrant workers.
FDeveloping assertiveness of the survivors as collective force to address issues Criminal Justice Administrative Systems – as Dalit Human Rights defenders
FNetworkingof organizations, networks, Advocates, activists, and other professionals working on Dalits’ Civil and Political Rights violations
FDeveloping mechanisms to promote and protect the rights of Dalit Human Rights Defenders
FIdentifying and networking with the Dalit Sarpanches of all the villages
FAdvocacy intervention with various commissions and officials for making the state accountable
FNDMJ is active at the national level (Delhi) and in 14 states: Andhra Pradesh, Bihar, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Odisha, Punjab, Rajasthan, Tamil Nadu and Uttar Pradesh.
FAlthough the intensity and the activities of NDMJ vary from one state to the other, based on the differing strength of the respective State Coalitions and their experience of monitoring atrocities for the last two decades of the PoA Act.
Since the beginning, the NDMJ with the above thrust aimed to ensure better enforcement of the PoA Act and Rules by monitoring the mandatory accountability and monitoring mechanisms provided in the Act. This is primarily to take human rights monitoring beyond fact-finding towards activation of the various preventive and protective mechanisms laid down in the present PoA Act and Rules. Also initiated a campaign to strengthen the Act and Rules through necessary and critical legal amendments. Based on these following are some of the activities undertaken by the NDMJ at different levels:
Campaigning for bringing amendments to the SCs and STs (PoA) Act 1989 and Rules 1995
Very much disturbed by the non implementation of various provisions and procedural hurdles, as being still prevalent even after 23 years of the Act, the Swadhikar - National Dalit Movement for Justice (NDMJ), a wing of the National Campaign for Dalit Human Rights (NCDHR), brought together around 500 Dalit and Adivasis from 18 States in India to analyze this sad plight and come up with concrete action proposals taking into account the experience of grassroot level Dalit and Adivasis activists, CSOs and community leaders . We then formed the National Coalition for Strengthening the SCs & STs Prevention of Atrocities Act (NCSPA). The single aim of the coalition is to campaign for amendment to the Act and to strengthen its enforcement. The campaign for amending the Act and Rules under the auspices of NCSPA is under process since 2009 and on 12.12.2013 based on the amendments proposed by the Coalition, Ministry of Social Justice and Empowerment introduced the bill of amendments in the Parliament and since the same was not passed in the Parliament we again did intensive lobbying and advocacy with the Parliamentarians. Same is now brought through an Ordinance to amend the SCs and STs (PoA) Act 1989 on 04.03.2014, promulgated by the President of India.
(a) Meeting with Mr. Mukul Wasnik Hon\'ble Minister for Social Justice and Empowerment
(b) Meeting with Ms. KumariSeleja, Hon\'ble Minister for Social Justice and Empowerment
(c) Inter Ministerial Committee: Ministry of Social Justice and Empowerment
ü Amendments in Offences of Atrocities (Including new definitions, enhanced penalties, and expanded presumptions)
ü Institutional Strengthening- Proposing institutional measures to strengthen implementation of the Act, including Exclusive Special Courts and Exclusive Special Public Prosecutors
ü Enhancing Compensation- Enhancing quantum of relief and compensation.
ü Establishing Rights of Victims & Witnesses- Adding a new chapter on Rights of Victims & Witnesses.
ü Creating Anti-Discrimination Provisions- Adding a new chapter on Anti-Discrimination Provisions, as a preventive measure (with civil liability)