Broken People: Caste Violence Against India's "untouchables".

Front Cover
This report is about caste, but it is also about class, gender, poverty, labor, and land. For those at the bottom of its hierarchy, caste is a determinative factor for the attainment of social, political, civil, and economic rights. Most of the conflicts documented in this report take place within very narrow segments of the caste hierarchy, between the poor and the not-so-poor, the landless laborer and the small landowner. The differences lie in the considerable amount of leverage that the higher-caste Hindus or non-Dalits are able to wield over local police, district administrations, and even the state government.
 

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Contents

VIII THE CRIMINALIZATION OF SOCIAL ACTIVISM
151
Rights of the Accused
152
D K Basu v State of West Bengal
153
False Arrests During the Tamil Nadu Southern District Clashes
155
Maharashtra Case Studies
159
Other Case Studies
162
A PATTERN OF IMPUNITY
164
Women and the Law
165
Penal and criminal codes
166
Convention on the Elimination of All Forms of Discrimination against Women 1979
167
Failure to Prosecute Rape Cases
168
M Meena
169
R Chitra
171
Caste and Gender Bias in the Courts
173
Bhanwari Devi
174
Shri Satish Mehra v Delhi Administration and Another
175
X FAILURE TO MEET DOMESTIC AND INTERNATIONAL LEGAL OBLIGATIONS TO PROTECT DALITS
177
The National Commission for Scheduled Castes and Scheduled Tribes
179
The Protection of Civil Rights Act 1955
180
The Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1989
181
Failure to Implement the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1989
185
Nonregistration of cases
187
Police investigations and use of witnesses
189
Lack of special courts and special prosecutors
191
the Gujarat experience
192
the Maharashtra experience
194
Indias Obligations under International Law
197
International Covenant on Civil and Political Rights 1966
198
International Covenant on Economic Social and Cultural Rights 1966
200
Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment 1984
201
Convention on the Rights of the Child 1989 and Forced Labour Convention 1930
202
XI CONCLUSION
203
Selected Articles of the Indian Constitution
206
The Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1989
216
The Scheduled Castes and Scheduled Tribes Prevention of Atrocities Rules 1995
229
The Employment of Manual Scavengers and Construction of Dry Latrines Prohibition Act 1993
248
Committee on the Elimination of Racial Discrimination Concluding Observations on Caste
263
Human Rights Committee Concluding Observations on Caste
270
Relevant United Nations Forms and Addresses
281
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Page 208 - No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them...
Page 211 - ... that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; c. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; d.
Page 180 - The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
Page 218 - Act, 1961. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
Page 208 - The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
Page 261 - Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or...
Page 203 - Declaration, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted...
Page 209 - India; (f) to acquire, hold and dispose of property; and (g) to practise any profession, or to carry on any occupation, trade or business.
Page 261 - ... is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. — For the purposes of this section, — (a) "company...
Page 212 - The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

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