Human Rights Day: 75 Years On, Assessing Whether Dalits Have Received Their Due Rights and Equality

On December 10, 1948, the United Nations adopted the Universal Declaration of Human Rights (UDHR), marking a landmark moment in the history of human rights. The UDHR serves as a foundational document outlining the fundamental rights and freedoms to which all people are entitled, irrespective of nationality, ethnicity, religion, or any other status. The declaration comprises a preamble and 30 articles that enumerate these rights and freedoms.

Here is a summary of some key principles and rights outlined in the Universal Declaration of Human Rights:

1. Dignity and Equality: All human beings are born free and equal in dignity and rights. They should act towards one another in a spirit of brotherhood.

2. Rights to Life, Liberty, and Security: Everyone has the right to life, liberty, and security of person.

3. Freedom from Slavery: No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

4. Freedom from Torture and Inhuman, or Degrading Treatment or Punishment: Everyone has the right to be free from torture or cruel, inhuman, or degrading treatment or punishment.

5. Recognition as a Person before the Law: All are equal before the law and are entitled without any discrimination to equal protection of the law.

6. Right to Asylum: Everyone has the right to seek and enjoy asylum from persecution in other countries.

7. Freedom of Thought, Conscience, and Religion: Everyone has the right to freedom of thought, conscience, and religion.

8. Freedom of Expression: Everyone has the right to freedom of opinion and expression.

9. Right to Work and Education: Everyone has the right to work, education, and participation in the cultural life of the community.

10. Social and Economic Rights: Everyone has the right to a standard of living adequate for the health and well-being of oneself and one's family, including food, clothing, housing, and medical care.

11. Right to Participate in Government: Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

The UDHR has been a source of inspiration for many subsequent international human rights treaties and declarations. It continues to be a reference point for advocates, policymakers, and individuals working toward the promotion and protection of human rights worldwide.

As the world observes World Human Rights Day today, and the UN commemorates 75 years of the declaration, it is imperative to look at it in the Indian context and its most vulnerable communities - Dalits and Tribals.

Dalit human rights refer to the rights of Dalits, a historically marginalized and oppressed group in India and some other South Asian countries.

Key issues related to Dalit human rights include:

1. Caste-based Discrimination: Dalits have faced discrimination and exclusion based on their caste for centuries, impacting various aspects of their lives, including education, employment, access to public services, and social interactions.

2. Untouchability: The practice of untouchability, though legally abolished, still persists in some parts of the country, affecting social interactions and spaces.

3. Violence and Atrocities: Dalits are often victims of violence and atrocities, including physical abuse, sexual assault, and even murders. These acts are often carried out with impunity, and the perpetrators may go unpunished.

4. Land Rights: Historically denied access to and ownership of land, landlessness contributes to the economic vulnerability of Dalits, perpetuating a cycle of poverty.

5. Political Representation: While affirmative action measures exist, challenges persist in achieving meaningful political participation and influence.

6. Access to Education: Despite efforts to improve access to education, Dalit children often face discrimination and social ostracization in schools, affecting their academic performance and future opportunities.

7. Economic Exploitation: Centuries of discrimination relegate Dalits to low-paying and menial jobs, facing discrimination in the workplace and limiting economic advancement opportunities.

Constitutional Provisions Addressing Caste-based Discrimination

Efforts to address Dalit human rights include legal provisions, affirmative action policies, and advocacy by various human rights organizations. Challenges persist, necessitating ongoing efforts to ensure the full and equal participation of Dalits in all aspects of society. International attention and collaboration are crucial in addressing the broader issues of caste-based discrimination and promoting human rights for all.

Here, it is pertinent to note that Dalits are termed as Scheduled Castes, and Adivasis are termed as Scheduled Tribes in the Constitution of India. The Constitution makers ensured that these people are accommodated in the mainstream of our society and formulated constitutional provisions that safeguard Human Rights and Fundamental Rights, recognizing everyone as a human.

Fundamental Rights under the Constitution

Article 14 – Equality before the law: This article ensures that all are equal before the law, eliminating discrimination on any ground, providing a chance for economic strength through public employment.

Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth: This article continues the prohibition of discrimination on various grounds.

Article 16 – Equality of opportunity in matters of public employment: Clause (4) of the article provides for reservation in jobs, empowering Dalits.

Article 17 – Abolition of untouchability: Aimed at snapping the cords of ‘inequality,’ this article seeks to liberate society from inhuman practices.

Article 19 – Protection of certain rights regarding freedom of speech: This article motivates the downtrodden to speak against inequality and injustice.

Article 21 – Gives protection of life and personal liberty to all, covering all aspects of living a life with dignity.

Article 21-A – Right to Education: The state shall provide free and compulsory education, opening doors of development for oppressed people.

Directive Principles: Article 46 – Directs the government to work for the promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections

Various organizations are working to safeguard Dalit Human Rights:

National Campaign on Dalit Human Rights (NCDHR): NCDHR, based in New Delhi, was founded in 1998 by collaboration of Dalit Human Rights Activists and Academicians. Claiming to work in 15 states all over India, NCDHR spreads awareness about Dalit issues and rights.

NACDOR (National Confederation of Dalit and Adivasi Organizations): Established in 2001, NACDOR claims to be a platform for 2200 Dalit Adivasi Organizations across 23 states in India. The organization aims to address caste bias and advocates for the rights of Dalits and Adivasis.

The Mooknayak spoke to Ashok Bharti, the founder and National President of NACDOR. He stated, “The UN declaration is completing 75 years, and the Indian constitution guarantees equal rights, but there is a big gap between the law and its implementation in India. Citing NCRB data, he said, “There has been an increase of 13% in cases of atrocities against Dalits in India in 2022. The police and the government have failed to protect the rights of Adivasis and Dalits, but the question is, if both of them have failed, then what is the judiciary doing? and if they have failed then what are the legislators from the community which includes 87 Scheduled Caste MPs and 650 MLAs doing . 1,23,000 academicians across the country doing.

The bureaucrats from the community have also been found wanting in protecting the human rights of Dalits and other vulnerable communities. NACDOAR will train the social activists at the ground level to stop the Human Rights violation of Scheduled Castes and Tribes.” The Theme For International Human Rights Day 2023 is “Freedom, Equality and Justice for all and as the Dalits and Adivasis across the country remain deprived of the these key tenets of Human Rights, the Human Rights organisations and the governments in India have to ensure that the gap between the principles of human rights and their implementation is not skewed.

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