Dalits face a social boycott for asserting their right to vote; most are forced to leave home

ISSUES: Social ostracism; caste-based discrimination; forced migration; police negligence 

SAMPLE LETTER:

Dear _______,

INDIA: Dalits face a social boycott for asserting their right to vote; most are forced toleave home 

Names of victims:1. Mr. Versibhai Dayhabhai Badhiya (member of a Scheduled Caste, 45 years old), the council head of Kanothi Village, Vav Taluka, Banaskantha District
As well as the Dalit community of Kanothi Village, Vav Taluka, Banaskantha District

Names of alleged perpetrators:1. Suigam Station Police Inspector
And the non-Dalit community of Kanothi Village, Vav Taluka, Banaskantha District

Date of incident: April 30 to May 27, 2009
Place of incident: Kanothi Village, Vav Taluka, Banaskantha District

I am writing to express my concern about a social boycott against a Dalit community and the inappropriate police response to it.

I am informed by Navsarjan, a human rights organisation based in Gujarat, that Mr. Badhiya and his brother were approached by 13 non-Dalits on April 30 and instructed tovote for the non-Dalits’ chosen candidate in the Lok Sabha (House of the People in the National Parliament) election. His refusal lead to the pair being physically and verbally harassed. Mr. Badhiya filed a complaint despite prolonged resistance from the police and in response the non-Dalit community started a boycott, forbidding any economic or social interaction with the Dalits on pain of a Rs 5000 fine.

Since the boycott started 125 families have allegedly been forced to leave in order to find work. The remaining 75 families will most likely also have to leave after the National Rural Employment Guarantee Act (NREGA) scheme expires, which currently ensures the Dalits 100 days of work at 100 rupees per day.

Though we have been informed that Mr. Hare Krishna Patel, the Superintendent of Police, gave several orders which were effective in lessening the social boycott, the overall response of the police and the government has been inadequate.

The police protection provided was insufficient in length, extending only until the closing of the election at 5 pm on April 30, the same day as the initial assault on Mr. Badhiya. On May 2, the Suigam Station Police Inspector refused to register Mr. Bhadiya’s complaint for two days, in violation of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (1989). This neglect was evident again when the District Executive Magistrate gave no response to a memorandum filed by Mr. Bhadhiya on May 25, and when an investigation was not made into the boycott, despite an order from the Superintendent of Police on May 27. Furthermore the NREGA scheme offers only 100 days of relief, while the boycott continues.

These incidents are unacceptable violations of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (1989), the Protection of Civil Rights Act (1955) and the International Convention on the Elimination of All Forms of Racial Discrimination (1966), ratified by India in 1968. As was highlighted by the United Nations Committee on Elimination of Racial Discrimination’s report on India in 2007, the human rights of these Dalits have been given no regard. I therefore request that:

1. The victims be provided adequate police protection for the needed duration;
2. A charge be made against the Suigam Station Police Inspector;
3. An inquiry be held into the entire incident;
4. A First Information Report (FIR) be registered that includes all relevant and proper sections of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (1989)
5. The boycott and migration be officially recognized as long as necessary by the responsible authorities;
6. The victims of atrocities be given immediate relief, compensation, as well as economic and social rehabilitation, as entitled under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (1989), including the extension of the NREGA scheme to as long as the boycott is in place.

A more detailed analysis of the legal violations in this case, plus further recommendations, can be found on the website of the Asian Human Rights Commission.

Yours sincerely,

_________

PLEASE SEND YOUR LETTERS TO:

1. Secretary of Department of Social Justice and Empowerment
Government of Gujarat
Block No.5, 8th Floor
Sachivalaya
Gandhinagar
Gujarat
INDIA

2. Directorate of Scheduled Caste Welfare
Secretary of Department of Social Justice and Empowerment
Government of Gujarat
Block No.5, 8th Floor
Sachivalaya
Gandhinagar
Gujarat
INDIA

3. Director General of Police
Police Bhawan Sector – 18
Gandhinagar
Gujarat 382 009
INDIA
Fax: + 91 177 23253918

4. Minister of Social Justice and Empowerment
Government of India
Shastri Bhawan
Dr Rajendra Prasad Road
New Delhi - 110 001
INDIA
Fax + 91 11 23384918
E-mail: min-sje@sb.nic.in 

5. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 6521
E-mail: chairnhrc@nic.in 

6. Chairperson
National Commission for Scheduled Castes
5th Floor
Lok Nayak Bhawan
Khan Market
New Delhi 110 003
INDIA
E-mail: jointsecretary-ncsc@nic.in or chairman-ncsc@nic.in

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Thank you.