❤❤❤ Discrimination Against Children In Care Homes

Tuesday, October 19, 2021 11:11:28 PM

Discrimination Against Children In Care Homes

Dalits are also denied equal access Discrimination Against Children In Care Homes a spectrum of places and services intended for Discrimination Against Children In Care Homes by the general public. Justice Gorsuch wrote that it did. Oculocutaneous albinism, OCA2, is the most common gene type Charlies Surgery In Flowers For Algernon Discrimination Against Children In Care Homes inherited disorders among the Bantu population of southern Africa. While tribal peoples in India, adivasisface similar forms of discrimination, this report limits itself to caste-based discrimination based against Dalits or so-called untouchables. The following numbers of infants and toddlers are permitted in a family child care home: 1 If no infants Discrimination Against Children In Care Homes in care, five toddlers are permitted. The adoption of these policies sends a strong signal that bullying and discrimination are Discrimination Against Children In Care Homes and should not be tolerated in educational institutions. They are excluded from or receive discriminatory treatment in private businesses, including tea shops, barber shops, Discrimination Against Children In Care Homes shops, and cinemas. D A foster Discrimination Against Children In Care Homes shall not subject a foster child to Discrimination Against Children In Care Homes abuse or Discrimination Against Children In Care Homes to derogatory remarks about foster children Discrimination Against Children In Care Homes their families, race, sexgendersexual identitysexual orientation1865-1869: The Growth Of Schools For Children, color or national origin; or to threats of physical violence or Discrimination Against Children In Care Homes from the foster home.

Teen in care treated 'like stray dog' - BBC Newsnight

After months of campaigning by the charity, the High Court has agreed to allow a judicial review of the policy change. Representatives from 54 organisations have signed the open letter below challenging the law change. Today the law changes in a deeply regressive way for children in care in England. The law now stops councils from putting children in care in places where they do not receive day-to-day care — but only if the child is aged 15 or younger. This is discriminatory and will cause tremendous harm to children aged 16 and It has created a two-tier care system. Our organisations reject this age-based partition of children in care. Byline Times is funded by its subscribers. Receive our monthly print edition and help to support fearless, independent journalism.

New to Byline Times? Find out more about us. We also introduce new voices of colour in Our Lives Matter. Children in care over the age of 16 will not be guaranteed care and may be moved into independent or semi-independent housing, reports Sophia Alexandra Hall Share. An Open Letter Representatives from 54 organisations have signed the open letter below challenging the law change. Thank you for reading this article New to Byline Times? Fund a better media. More stories filed under Reportage A Turning Tide? Indicate whether measures have been taken to disseminate the Convention and General Recommendation XXIX and to promote educational measures that combat caste discrimination. Jayne Huckerby is research director. CHRGJ aims to generate substantive, cutting-edge, and sophisticated contributions to human rights research and legal scholarship, and to actively engage in public affairs by making original and constructive contributions to ongoing policy debates relating to human rights.

It achieves these aims by undertaking rigorous legal analysis and disseminating studies in five key research and project areas: Detainees and the "War on Terror," Discrimination and National Security, Economic, Social, and Cultural Rights, Extrajudicial Executions, and Transitional Justice. In its work on Discrimination, the Center and the International Human Rights Clinic a program of the Center have focused on caste discrimination in South Asia, collaborating extensively with the International Dalit Solidarity Network, of which Professor Narula is a co-founder. Professor Narula is also former researcher for South Asia at Human Rights Watch where she investigated and authored a number of Human Rights Watch's reports on caste discrimination and discrimination against religious minorities in India.

All publications and statements of the Center can be found at its website: www. An independent, New York-based nongovernmental organization, Human Rights Watch conducts regular, systematic fact-finding investigations into human rights abuses in all regions of the world. Human Rights Watch examines human rights practices of state and non-state actors irrespective of their political affiliation, geopolitical alignments, ethnic or religious persuasions. It defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society.

It is supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. Human Rights Watch has worked on caste-based discrimination in South Asia for almost a decade, but particularly since the publication of its report Broken People: Caste Violence Against India's "Untouchables. It has recently been advocating for the protection of Dalits who are particularly vulnerable in situations of internal conflict. An armed conflict involving Maoists in Nepal, and a similar uprising in several Indian states in India by Maoist groups known as Naxalites, has placed Dalits at high risk of abuse from security forces, vigilante groups often acting with the support of the government, and militants.

Human Rights Watch investigated the failure of the state to protect Dalits from discrimination in receiving relief and rehabilitation after the tsunami; its recommendations were submitted to the Indian government as it prepared its disaster management policy. All reports, editorials, and statements of Human Rights Watch are available on www. This report focuses solely on the issue of caste discrimination in India in response to its conspicuous absence in the Government of India's combined report to CERD.

The practice of "untouchability"-the imposition of social disabilities on persons by reason of their birth in certain castes-discriminates against more than one-sixth of India's population. In focusing on caste discrimination in India, this report acknowledges, but does not explore, the other pervasive practices of discrimination in India, including those that target religious minorities. In particular, Human Rights Watch has extensively documented human rights violations against India's Christian [3] and Muslim community, including the state-sponsored massacre of over 2, Muslims in the state of Gujarat in While the Government of India's periodic report cites specifically to Constitutional provisions prohibiting discrimination by the State-including on grounds of a person's caste-and generally to the existence of legislation enacting these provisions, [5] this elaboration of its de jure prohibition on caste discrimination does not reflect the daily reality of the continued practice of "untouchability" and persecution of Dalits in India.

Dalits are systematically discriminated against and abused by public authorities and private actors, who act without any fear of punishment as they rarely face sanctions for their violations of Dalits' fundamental rights. The Committee itself has recognized that India is in breach of its international human rights obligations in its failure to bring an end to caste discrimination. In its Concluding Observations to India's tenth to fourteenth periodic reports, [6] the Committee asserted that:.

While tribal peoples in India, adivasis , face similar forms of discrimination, this report limits itself to caste-based discrimination based against Dalits or so-called untouchables. The Indian government does not provide prompt and sufficient information on the situation of Dalits. Governmental agencies in India and the Indian Parliament itself have failed to make statistics available to the public in a timely fashion. In general, there are routine delays of between two to four years in the writing and tabling of reports from various national commissions.

For example, at this writing, the most recent statistics available from the National Commission on Scheduled Caste and Scheduled Tribes date from and were only made publicly available in UN treaty bodies have repeatedly exhorted the Indian government to conduct periodic surveys on the reality of descent-based discrimination and provide both qualitative and quantitative data disaggregated by caste and gender in its reports to the committees, so far to no avail. India's position directly contradicts the Committee's interpretation of Article 1 in General Recommendation XXIX that "discrimination based on 'descent' includes discrimination against members of communities based on forms of social stratification such as caste and analogous systems of inherited status.

Despite the Government of India's exclusion of caste discrimination in its periodic report to the Committee, the Government has recognized it as an issue in its reports to other international treaty monitoring bodies. In the CEDAW Committee expressed its concern "with the continuing discrimination, including violence, suffered by women of the Dalit community, despite the passage of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act of Nevertheless, the discussion of Dalit women in this report remains cursory, addressing the issue of violence against Dalit women by simply noting the passage of the Protection of Civil Rights Act, , and the Prevention of Atrocities Act, Caste discrimination in India has also been raised as an issue of serious concern by a number of other treaty bodies and special procedures.

In the Human Rights Committeenoted that scheduled castes in India "continue to endure severe social discrimination and to suffer disproportionately from many violations of their rights under the [ICCPR], inter alia inter-caste violence, bonded labour and discrimination of all kinds. Because one's caste can be determinative of one's occupation, caste discrimination is also referred to as discrimination on the basis of "work and descent. Goonesekere underscored that caste systems are inherently economic and social in their consequences and represent a deeply oppressive form of work and descent-based discrimination.

The Government of India has not refrained from committing and supporting discriminatory acts against Dalits, and has failed to implement measures to end caste discrimination. India has failed to encourage integrationist movements and has not provided for the development and protection of Dalits, who as a result remain an extremely marginalized social group. The discussion below focuses on two examples that exemplify this failure: treatment of Dalits by the police and discrimination in the provision of disaster relief. Further examples of this failure are dealt with throughout the remainder of the Report.

In the NHRC characterized the law enforcement machinery as the greatest violator of Dalits' human rights. Police continue to detain, torture, and extort money from Dalits without much fear of punishment. While under-reporting of police treatment including torture of Dalits means that the real magnitude is unknown, the national Preventing Torture project initiated by People's Watch, a Tamil Nadu-based NGO, asserts that Dalits suffer disproportionately at the hands of the police and are at high risk of being subjected to torture while in police custody.

Basu case [41] are available legal tools to prevent torture, illegal detention, or improper interrogation of Dalits. Jurists, human rights activists, and civil rights groups, however, claim that a lack of political will allows the problem of torture and other forms of custodial abuse to continue unchecked. Dalits are disproportionately targeted by the police for a number of reasons. According to the NHRC, under a theory of collective punishment, the police will often subject entire Dalit communities to violent search and seizure operations in search of one individual.

State agencies have also colluded with private actors from dominant castes in committing human rights violations against Dalits. The police responded to the violence by harassing Dalit villagers who they accused of supporting the Naxalites. For example, in at least two states, Jharkhand and Andhra Pradesh, the Prevention of Terrorism Act POTA [54] was widely used against Dalits, who were targeted for their caste status rather than any involvement in criminal or terrorist activity. Dalit activists are also accused of being "terrorists," "threats to national security," and "habitual offenders," and frequently charged under the National Security Act, , the Indian Explosives Act, , and even older counter insurgency laws such the Terrorist and Disruptive Activities Prevention Act commonly known as TADA.

Dalits, including those arrested for minor offenses, are often held in custody for long periods of time, occasionally at distant and isolated locations to avoid publicity, [62] where they are frequently deprived of food and water, subjected to verbal abuse and humiliation, severe beatings, sexual perversities, and demeaning acts. Often the injuries inflicted can prove fatal.

In one notable incident in , several Dalits were arrested on suspicion of murder and were held at the Thiruthuraippoondi and Thirukkalar police stations in Tamil Nadu between May 10 and In a statement before the Tamil Nadu State Human Rights Commission, the group of Dalits described the abuse they suffered at the hands of the police. As reported by Frontline magazine, the statement included the following account:. Dalit women are particularly vulnerable to sexual assault and rape by the police. The case of Ms. Lebra is illustrative of this widespread problem. Lebra, a mother of three, was accused of stealing her upper-caste neighbor's jewelry in retaliation for refusing to give him crops from her land.

When she was called in by the police for questioning, the police officer began molesting her daughter. When she tried to stop him, he grabbed Ms. Lebra's hair, pushed her down onto the ground and raped her. The routine practice of police extortion and looting is well documented. Illegal police raids on Dalit villages under the pretext of looking for suspects in the aftermath of caste conflicts. Human Rights Watch has documented a number of such instances. Specific targeting of Dalit villages that enjoyed relative economic prosperity. This practice has been documented by Human Rights Watch's investigation of raids conducted in Gundupatti, Tamil Nadu in February , where the police engaged in outright looting, stealing jewelry, clothes, cash, and consumables from the homes of Dalit villagers who enjoyed relative prosperity due to remittances from family members who were sent to work abroad.

The pretense of conducting kurki-japti legal attachment of movable property. Such seizures do not follow the legal procedures for seizures, such as the presentation of a court order and list of materials to be seized, or the requirement that two witnesses be present during the seizure. Acts of extortion often lead to violence. For example, in in the Jhajjar district in Haryana, police allegedly killed five Dalits after failing to extort money from them. The Dalit boys, from families traditionally employed in the skinning of dead cows, apparently "refused to pay extortion money for being allowed to carry animal skins.

The man committed suicide while being detained by police who were holding him with the intention of extorting money from him. Police systematically fail to properly register crimes under the Prevention of Atrocities Act, and the Protection of Civil Rights Act, Improper and under-registration of Dalit cases is both a result of police officers' reluctance to entertain complaints by Dalits, as well as their lack of familiarity with provisions of the relevant legislation. In addition to non-registration of cases, police routinely engage in improper registration of cases. Improper and under-registration of Dalit cases adversely affects case outcomes. According to separate investigations by the National Campaign on Dalit Human Rights and Human Rights Watch, India discriminated against Dalits in distribution of aid in the wake of two of India's largest natural disasters in recent years: the Gujarat earthquake in January and the Indian Ocean tsunami in December Following the Gujarat earthquake in January , while the government allocated equal amounts of compensation and food supplies to all communities, [93] agencies did not ensure that the assistance went to Dalit communities.

Following the tsunami in December , the NCDHR and the Human Rights Forum for Dalit Liberation-Tamil Nadu reported that during the initial stages of the relief process, Dalits were not provided proper and adequate guidance on how to gain admission to relief camps, were not given a fair share of relief aid, and were sometimes abused when they demanded equal treatment. The Committee has clarified the content of the States Parties' obligations with respect to private actors, stating that "to the extent that private institutions influence the exercise of rights or the availability of opportunities, the State Party must ensure that the result has neither the purpose nor the effect of creating or perpetuating racial discrimination.

However, in relation to private actors' treatment of Dalits, the State Party has, inter alia , failed to:. The nexus between political leaders and upper-caste community members account to some extent for these failures and for the disincentive to address violations by private actors. For example, social and economic legislation to further Dalits' rights adversely affects the interests of the classes and castes to which political leaders either belong or represent; political leaders are either landowners themselves or have close political and social links with land-owners, and those relying on cheap or bonded labor, including child labor.

While the Constitution abolished the practice of "untouchability" in all its forms, and while specific legislation has been adopted to address caste-based discrimination, the information detailed in this report demonstrates that caste-based discrimination by State and non-State actors persists throughout India and that the State Party has failed to undertake sufficient law and policy review of the under-implementation of these measures. The Government of India has failed to encourage integrationist movements or eliminate barriers between castes. To the contrary, the government has turned a blind eye to segregation in schools see Sections VIII E 5 a and VIII F 1 c , has encouraged segregation in housing see Section VI A , including in relief camps following natural disasters see Section V A 1 b , and has failed to faithfully implement constitutional and legislative abolitions of "untouchability" practices.

Additionally, as Dalits increasingly organize to protest their discriminatory treatment and claim their democratic rights, the government has improperly used security legislation against Dalit activists see Section V A 1 a ii , consistently failed to protect Dalits against retaliatory attacks by upper-caste groups, including rape of Dalit women see Section VIII B , and failed to deal with social and economic boycotts against Dalits see Section VIII E , thereby further discouraging integrationist movements. The extreme marginalization and persecution endured by Dalits in India necessitate efforts by the government to ensure their development and protection. In its periodic report, the Government of India cites to Article 16 of the Indian Constitution, which empowers the State to make provision for the reservation of posts in government jobs in favor of any backward class of citizens.

Additionally, there has been widespread public opposition to reservations for Dalits in local government bodies, often leading to violence see Section VIII C 2 , and in government jobs that are highly coveted because of the economic security they are perceived as offering, [] as are seats in higher education. Caste-based occupational distribution is reinforced in reserved government employment. Recently, the government has moved to create quotas for promotions for scheduled castes and other backward castes. While the Supreme Court upheld the move, it required that governmental authorities prove that these groups were poorly represented in government positions, that quotas be capped at 50 percent, and that prosperous lower-caste employees be excluded from the plan.

In its report the NHRC recommended that the government identify institutions that had not accepted reservations-including judiciary and defense forces-and develop measures to ensure that Dalit candidates had the opportunity to compete for these positions. The National Commission for Scheduled Castes and Scheduled Tribes has stated that the private sector, which continues to enjoy government patronage-through concessional land, financing, and excise and sales tax relief-should also be brought under the purview of the reservation policy. However, there remains strong opposition to this proposal, both from private employers and certain political parties.

Private employers have, for example, criticized the government for failing to provide Dalits adequate opportunities in education and instead imposing upon the private sector the obligation to employ individuals they deem unqualified. The anti-Dalit bias of personnel in charge of implementing these programs has also hindered their effectiveness. Many Dalits are also unaware of the existence of such programs, further restricting their participation. The obligation to ensure the development and protection of certain groups or individuals belonging to them is especially relevant for those individuals within the Dalit community who face multiple forms of discrimination.

CERD has also noted that forms of racial discrimination have a "unique and specific impact on women. Dalit women have unequal access to services, employment opportunities, and justice mechanisms as compared to Dalit men. In relation to employment opportunities, Dalit women are allotted some of the most menial and arduous tasks and experience greater discrimination in the payment of wages than Dalit men. The practice of devadasi , in which a girl, usually before reaching the age of puberty, is ceremoniously dedicated or married to a deity or to a temple, continues in several southern states including Andhra Pradesh and Karnataka. Literally meaning "female servant of god," devadasis usually belong to the Dalit community. Once dedicated, the girl is unable to marry, forced to become a prostitute for upper-caste community members, and eventually auctioned into an urban brothel.

The age-old practice continues to legitimize the sexual violence and discrimination that have come to characterize the intersection between caste and gender. While India has adopted measures to abolish the practice and "rehabilitate" devadasis , these efforts have been largely unsuccessful. Legislative initiatives are poorly implemented. The Joint Women Programme for the National Commission of Women has found that devadasi rehabilitation programs neither address the whole range of problems faced by devadasis , nor target the population they were intended to assist.

Most devadasis also lack access to a residential house, health care, or educational facilities for their children. Residential segregation is prevalent across the country, and is the rule rather than the exception. Government programs for Dalit housing maintain the existing spatial segregation. In its periodic report, India indicates that "[n]o cases have arisen under thelegislations for inciting racial disharmony or disseminating ideas of racial superiority.

In addition to being responsible for discriminatory attacks against Dalits, [] these organizations disseminate propaganda targeting both Dalits and religious minorities. Concerning the dissemination of anti-Dalit propaganda, D. India has failed in its duty to eliminate caste discrimination and ensure the full enjoyment of the fundamental rights and equality before the law of Dalits guaranteed by Article 5. This next section closely details the particular rights violations suffered by Dalits. As a general point, it is important to highlight that the Protection of Civil Rights Act, , and the Prevention of Atrocities Act, two of the most important pieces of legislation for the protection of Dalits , have been rendered increasingly ineffective in their ability to protect Dalits from fundamental rights' violations because of the failure of state governments to properly implement the acts.

Dalits are frequently the victims of discriminatory treatment in the administration of justice. Prosecutors and judges fail to vigorously and faithfully pursue complaints brought by Dalits, which is evidenced by the high rate of acquittals in such cases. Dalit women suffer particularly as a result of the deficient administration of justice-rape cases are not prosecuted in good faith and Dalit women suffer both caste and gender discrimination in the courtrooms. Moreover, the number of Dalits appointed to judicial office remains low. Instances of "untouchability" and discrimination against Dalit judges by their non-Dalit peers have also been reported.

The failure of police to register or properly register crimes against Dalits see Section V A 1 a vi is a key way in which Dalits' right to equal treatment before organs administering justice is compromised at the outset. One of the principal ways in which the right of Dalits to equal treatment before organs administering justice is being denied is through the poor quality of prosecutions under the Protection of Civil Rights Act and Prevention of Atrocities Act, The Government of India has itself noted this failure in its Annual Report on the Prevention of Atrocities Act, , which states that in , only 2.

Dalit women, occupying the bottom of both the caste and gender hierarchies, are both uniquely susceptible to violence and particularly vulnerable to the infringements of their right to equal treatment before organs administering justice. Cases documented by the National Commission for Women, Human Rights Watch, local and national women's rights organizations, and the press, overwhelmingly demonstrate a systemic pattern of impunity in attacks on Dalit women. They are, in a sense, doubly victimized - first at the hands of their attackers, and then at the hands of judicial system that fails to offer them protection and redress. A Dalit woman who is a survivor of rape will face significant obstacles in bringing her case to the attention of the police, and, in turn, the courts.

She will likely face ostracism from her community and family, and she will have difficulty gaining access to the justice system. A Dalit woman is likely to be confronted with any of the following impediments to the successful prosecution of her case: unsympathetic doctors [] and police officers, difficulty in finding witnesses who are willing to risk their own safety by testifying, police officers and prosecutors who are bribed or pressured by the usually more powerful attackers, as well as having her case misfiled under more lenient sections of the Indian Penal Code or not being simultaneously filed under the Prevention of Atrocities Act, In fact, as statistics from the National Crime Records Bureau demonstrate, conviction in rape cases is not only extremely rare, but becoming rarer - out of the total rape cases in which trials were completed between , in Certain states have provided some compensation to Dalit rape victims.

As per the Annual Report on the Prevention of Atrocities Act, , during the year , the state government of Madhya Pradesh incurred an expenditure of Rs. It should be noted that the prosecutorial failure to investigate, file, and pursue cases involving rape against Dalit women has an injurious effect not just on the individual woman harmed in each instance of sexual violence, but more broadly on women and Dalit communities in general - prosecutorial failures empower potential perpetrators by signaling that crimes against Dalit women will be rewarded with impunity and also further disempowers marginalized communities by eroding their trust in the judiciary. Finally, prosecutorial failures in the context of cases involving rape against Dalit women encourage the use of rape as a tool to punish and silence Dalit communities.

The prevalence of caste and gender bias among India's judges is another factor which imperils the right of Dalits to equal treatment before organs administering justice under Article 5 of ICERD. Such bias has resulted in improperly conducted trials, including acquittals that blatantly ignore evidence and witness testimony and entrench the system of impunity that greets perpetrators of violence against Dalits. The case of Bhanwari Devi illustrates the role of caste and gender bias in India's justice system. On September 22, , in retaliation, members of the child's family gang raped Bhanwari in front of her husband.

These individuals were acquitted, with the judge stating that since "rape is usually committed by teenagers, and since the accused are middle-aged and therefore respectable, they could not have committed the crime. An upper-caste man could not have defiled himself by raping a lower-caste woman. Lack of Dalit Judges. Dalits' right to equal treatment before the courts is further imperiled on account of the fact that Dalits themselves are poorly represented in the judiciary. Statistics presented in the Fourth Report of the National Commission for Scheduled Castes and Schedules Tribes for the years reveal the magnitude of the problem.

For example, while Dalits comprise roughly 16 percent of the population, in , only four out of the judges in all High Courts in India were Dalits i. By the situation was only marginally better, with 13 out of judges at the all India level being Dalits i. Caste and gender discrimination do not cease once a Dalit is appointed to a judicial position, as discriminatory attitudes prevail among judges themselves.

The depth of anti-Dalit sentiment in the judiciary is particularly well illustrated by an incident that took place in July in the state of Uttar Pradesh, where, as the Times of India reports, an Allahabad High Court Judge had his chamber "purified with Ganga jal " water from the River Ganges because it had earlier been occupied by a Dalit judge. The failures of implementing Article 5 of ICERD with respect to caste are further evinced by the disproportionately large numbers of pending cases involving offenses and atrocities against Dalits. The Sixth and Seventh Reports of the National Commission for Scheduled Castes and Scheduled Tribes reveal, respectively, that less than a sixth of such cases that reached trial stage in were actually adjudicated, and that only 11 percent of the cases were disposed of during The failures of implementing Article 5 of ICERD with respect to caste are also evinced by the disproportionately high rate of acquittals in cases involving offences and atrocities against Dalits.

The Third and Sixth Reports of the National Commission for Scheduled Castes and Scheduled Tribes reveal, respectively, that in , the conviction rate in these cases was 15 percent, [] while the acquittal rate was 85 percent, and that in and , as much as 89 percent of cases resulted in acquittals. Of those, 51 percent resulted in convictions. The small percentage of cases that actually reached the trial stage is a cause for concern. In cases were registered in the state, with only 4. In Gujarat, in the 1, cases registered in , the conviction rate was a poor 3. The state of Uttar Pradesh fared better: of the 4, cases registered last year, nearly half the offenders were convicted.

India's obligation to ensure a person's right to security and to protect against violence or bodily harm applies to State and non-State actors. The nature and extent of abuse against Dalits by the police has been set out above in Section V A 1 a. This section focuses on widespread violence against Dalits, including sexual violence against Dalit women, and the failure of Indian government to protect Dalits and ensure their security of person. For Dalits, the right to personal security has been seriously undermined because of rampant attacks and violence committed against them.

A number of factors, including lack of police cooperation, fear of reprisals, and difficulty in gaining access to the judiciary contribute to a reluctance or inability on the part of Dalits to report crimes against them. This violence or bodily harm against Dalits takes many forms. The offenses made punishable by the Prevention of Atrocities Act, provide a glimpse into the types of retaliatory or customarily degrading treatment Dalits receive.

The offenses include:. Forcing members of a scheduled caste or scheduled tribe to drink or eat any inedible or obnoxious substance;. Dumping excreta, waste matter, carcasses or any other obnoxious substance in their premises or neighborhood;. Compelling a member of a scheduled caste or scheduled tribe into forms of forced or bonded labor;.

Corrupting or fouling the water of any spring, reservoir or any other source ordinarily used by scheduled castes or scheduled tribes;. Using a position of dominance to exploit a scheduled caste or scheduled tribe woman sexually. Despite these offenses being criminalized under the Prevention of Atrocities Act, the systematic non-implementation of these provisions by the police see Sections V A 1 a and V A 1 a vi results in a continued pattern of violence, as is borne out in media reports.

For example, a survey of Indian media during a six-month period in illustrates the extent and brutality of violent crimes against Dalits:. The need for India to address violence and bodily harm by private actors has also been documented by the UN special procedures. On June 8, , the Special Rapporteur on racism, jointly with the Special Rapporteur on violence against women, sent a letter of allegation to India concerning a group of people who attacked a Dalit settlement in Kalapatti village, Coimbatore district, Tamil Nadu, on May 16, When a Dalit man from the Dholapur district of Rajasthan, refused to sell bidis hand-rolled cigarettes on credit to the nephew of an upper-caste village chief, the upper-caste family retaliated by forcibly piercing his nostril, drawing a string through his nose, parading him around the village, and tying him to a cattle post.

When Dalit agrarian labor activist Bant Singh, whose daughter was gang-raped in , defied landlords' threats and local upper-caste leaders in seeking prosecution against those who gang-raped his daughter, the landlords retaliated by violently attacking him, beating him so badly that both his arms and one of his legs had to be amputated; the remaining leg was permanently disabled.

When Dalits from Amachiyarpatti village in Tamil Nadu resisted Thevars' [] demand that they use coconut shells at tea stalls to prevent them from drinking out of the tea tumblers used by caste Hindus, Thevars retaliated by torching and burning Dalit houses in their village. When Dalits from the Dalit colony of Veludavur village in Villapuram district, Tamil Nadu, demanded their right to participate in a government auction of common properties in Veludavur, members of seven neighboring caste Hindu villages attacked their colony, destroying huts, attacking women, children, and the elderly, and displacing Dalit families. When a year-old Dalit rape survivor from Sahalwada village in Madhya Pradesh, refused to withdraw the complaint she had filed against her attacker, he retaliated by pouring kerosene on her and setting her on fire.

When a Dalit argued with an upper-caste farmer in Kothapally village in Andhra Pradesh, the upper-caste villagers attacked 80 Dalit families in retaliation. When the same Dalit man then went to the police to report the incident, a social boycott was imposed on all of the Dalits from Kothapally; they were thrown out of their village and denied every opportunity to earn their livelihood. The nature and extent of police abuse of Dalit women has been dealt with above in Section V A 1 a iv.

Dalit women are also especially vulnerable to violence by private actors who commit violent offenses with impunity. As the majority of landless laborers, Dalit women come into greater contact with landlords and enforcement agencies than upper-caste women, rendering them more susceptible to abuse. Human Rights Watch has documented a massacre of Dalits committed in Laxmanpur-Bathe, Bihar see Section V A 1 a i , in which women were raped and mutilated before being killed. Dalit women also comprise the majority of victims of gang rapes in India. Upon her return to her village, the village's upper-caste community threatened to remove her family if they reported the incident.

For example, Human Rights Watch reported that on November 3, , a Dalit woman in Kishanganj, Bihar, was paraded half-naked by a group of people who wanted to teach a lesson to her family for not relinquishing their claim to a piece of land. Vulnerability to sexual violence also results from Dalit women's lower economic and social status, leading many Dalit women to turn to prostitution for their survival. Aside from the humiliation ofbeing branded as a "witch," Dalit women are also punished for these mishaps, for example by being made to eat feces and drink urine, by having their teeth pulled out, by having chili pepper put in their eyes, and by being beaten severely enough to result in death.

Both the root causes of this abuse and the resulting social, physical, and mental trauma Dalit women suffer [] highlights the particular vulnerability of Dalit women which merits special protection by the State. However, rather than ensuring Dalit women's development and protection, India has failed to punish perpetrators and in some instances, has even directly participated in abusive acts. While women in India generally face obstacles in prosecuting rape, if a woman is poor, belongs to a lower-caste, and lives in a rural area, it is even more difficult for her to gain access to the justice system.

For example,in October , a mob of 60 upper-caste villagers stormed the Bhotmanges home as they were preparing dinner in Kherlanji village in Bhandara district. Fourty-four-year-old Surekha, her daughter Priyanka, and sons Roshan and Sudhir were dragged from their home, stripped naked, beaten and taken to the village square. At the village square, both women were raped for over an hour, after which all four family members were hacked to death. More than a month later, the police have yet to take action against the primary perpetrators of these crimes. In this particular case, Ms. Gangawati testified that after being raped at gunpoint in her own home, her unsuccessful attempts to get the local police to register her case required her to petition the Chief Minister of Uttar Pradesh and the NHRC.

While the latter directed the district police to conduct an enquiry, the local police officer avoided filing her case for months, and even after her case was finally registered, no action was taken against her attacker. While Dalits now exercise their franchise in greater numbers than upper-caste community members, [] their right to vote freely and to stand for election is still not fully guaranteed. These rights have repeatedly been impeded by booth-rigging and booth capturing, denial of access to polls, intimidation, and violence.

Dalits' right of political participation is denied through the decades-old practice of "booth-capturing," whereby ballot boxes are stolen by hired hands. The Bihar elections also demonstrate the role of violence and intimidation in elections: in the first phase of elections 15 people were killed and dozens more were injured going to the polls; [] seven more deaths and further intimidation was reported during the second phase. Violence and intimidation are also used to prevent Dalits from standing for election.

In October a Dalit woman, Prabhati Devi, was burned alive for contesting a panchayat village council election against an upper-caste candidate in Mirzapur district in Uttar Pradesh in defiance of a local politician's warning not to contest. Those Dalits who are in positions of public office are often unable to properly discharge their public functions. For example, in November the Asian Human Rights Commission reported that Prem Narayan, a Dalit village head of Vajidpur village in Uttar Pradesh, had been facing discrimination, intimidation, threats, and physical violence in his attempts to discharge his duties as a village head.

According to the Untouchability in Rural India survey Dalits are also denied entry to panchayat offices in some Dalits' right to freedom of movement and residence within India is curtailed by residential segregation, by conditions which make Dalits vulnerable to migratory labor, and by the forced displacement of Dalits in the aftermath of episodes of caste violence. For Dalits, among the poorest and least powerful of India's inhabitants, the choice of where to live is rarely a choice in any meaningful sense. Because Dalits are rarely able to own land see Section VIII D 4 they are unable to produce their crops for their own consumption or sale in the market. The right of Dalits to enjoy freedom of movement and residence is further eroded by large-scale forced displacements of Dalit communities following episodes of caste-based violence.

In a typical scenario, Dalit villages are attacked by neighboring upper-caste villagers. Dalits are assaulted during the attack, while their homes and property are looted or destroyed. The displacement of Dalit villagers from Mangapuram, Virudhunagar district, Tamil Nadu, illustrates the general pattern of Dalit displacement following caste-based violence. Prior to Mangapuram was home to 3, higher-caste Thevar and Pallar Dalit families. On March 7, , Thevars attacked Pallars, Pallar houses were set on fire, and a Pallar man was burned alive.

Pallars later destroyed several Thevar houses. In retaliation, Thevars threw petrol bombs into the Pallar residential area. On June 10, , the deputy superintendent, a Thevar, attempted to force Pallars out of the village, colluding with hundreds of Thevar villagers who attacked the Pallars and set their houses on fire. The displaced Pallars took refuge in nearby villages, with individuals housed in poorly constructed huts, and another housed in 70 huts.

No action was taken against the Thevar police officials or villagers responsible for the attacks and the ensuing displacement. In a mass displacement of all Dalit families from Harsola village in Haryana's Kaithal district followed an attack on the village by upper-caste men. A fact-finding report by People's Watch-Tamil Nadu and Dalit Human Rights Monitoring revealed that in the Dalits of Kalapatti village in Tamil Nadu were forced to flee after an attack by upper-caste Hindus in which over Dalit homes were burned and other property was destroyed. Dalits' right to leave India, while formally granted, is not substantively guaranteed, due to Dalits' difficulty in acquiring relevant documents such as birth certificates and other proof necessary to get a passport.

Dalits can suffer reprisal attacks against the families of those who are able to travel for employment abroad and send remittances back home. Caste-based prejudice has led to attacks against Dalits who become economically better off because of such remittances. Many Dalits in the village of Kodiyangulam, Tamil Nadu, for example, have been sending family members to work in Gulf states in an attempt to rise above their economic oppression at home. But according to the London paper The Guardian , on August 31, , the Dalit villagers were assaulted by hundreds of rampaging policemen, who poisoned their well and destroyed the possessions accumulated over a lifetime of hard work.

Rigid social norms of purity and pollution are socially enforced through strict prohibitions on marriage or other social interaction between castes, in violation of Dalits' right to marry and choose their spouse. These prohibitions on inter-marriage are a hallmark feature of the caste system. Inter-marriages between Dalits and non-Dalits are frequently the flashpoint for conflicts and violence. The Untouchability in Rural India survey concluded that "the most severely sanctioned public activity is a Dalit marriage procession passing through the village street.

As a result of the bans on marriage celebrations, many Dalit weddings are carried out quietly without the traditional forms of celebration. Condemnation for marriage between Dalits and caste members can be quite severe, ranging from social ostracism to punitive violence, including large-scale attacks on Dalit communities. In Attirpa, Kerala, a Dalit girl reported that although she was happy in her marriage she was no longer permitted to see her parents or her natal family.

Marriages between Dalits and non-Dalits are frequent flashpoints for conflict. Upper-caste dominated panchayats village councils have been known to extra-judicially punish inter-caste marriages between Dalits and non-Dalits through public lynching of couples or their relatives, murder of the bride, the groom, or their relatives , rape, public beatings, and other sanctions. The public lynching was punishment for refusing to end an inter-caste relationship.

The rape of Dalit women by landlords and the caste-based practice of prostitution see Section V B 4 b deny Dalit women the right to marry as there are strong social taboos in India against marrying a woman who has had previous sexual relations; once a woman has been raped, she becomes unmarriageable. Although child marriage is illegal in India, the practice remains rampant, particularly in underdeveloped regions where economic pressure may force families into marrying off children at early ages in order to lighten the economic burden on families with daughters. This is often the case among Dalits. A year old Dalit girl, Chenigall Suseela, was married off by her parents without her consent in Telangana, Andhra Pradesh, in Suseela desired to return to school and sought help from the police and appealed to village elders.

After initial refusal by elders from both her and her husband's village, Suseela's persistence and determination resulted in what is thought to be the first annulment of a child marriage in India in June The prevalence of rape in villages also contributes to the greater incidence of child marriage in these areas. Early marriage between the ages of 10 years and 16 years persists in large part because of Dalit girls' vulnerability to sexual assault by upper-caste men and by parents' fear that their daughter will not be marriageable once she is raped. India's marriage and divorce laws still do not grant equality to women despite the Constitution's guarantees to women of equal rights, liberty, justice, and the right to live with dignity.

Denial of the right to own property is at the very core of the caste system. The Special Rapporteur on housing has also expressed his concern with the extreme violations of Dalits' human rights, including with respect to land and housing rights. The Special Rapporteur's Annual Report notes: "A majority of Dalits are still prevented from owning land and are forced to live on the outskirts of villages, often on barren land.

Denial of the right to own property is also practiced through forced evictions. A lack of access to land keeps Dalits in a state of economic dependency. Most rural Dalits are agricultural laborers who are economically dependent on their employers and therefore less likely to report abuse. Even Dalits who do own land often do not have access to it, or are otherwise prevented from enjoying it. For example, a study by a NGO, which undertook a door-to-door survey of villages in the state of Gujarat, found that, in almost all villages, many had no record of their land holdings, those who had title to land had no possession, and those who had possession had not had their land measured or faced illegal encroachments from upper-castes.

Land reform laws that were intended to provide reparations for the historic landlessness of Dalits [] have failed due to a lack of political will and bureaucratic commitment, loopholes in the laws, the tremendous manipulative power of the landed classes, excessive interference of courts, [] and problems in ensuring that oral tenancies are truthfully recorded in land records so as to enable implementation of the land to the tiller policy.

Of surplus land collected pursuant to land reform laws, only Dalits in India face a number of restrictions on their right to freedom of thought, conscience and religion. Caste-based human rights violations that are the subject of this report are often given religious sanction under the theory that Dalits must live segregated lives and perform menial occupations because they are born into a caste outside of the Hindu varna system. Dalits have responded to ill-treatment by upper-caste Hindus by converting en masse to Buddhism, Christianity, and historically to Islam. The loss of constitutional privileges upon conversion, however, serves as a serious impediment to their freedom to choose their religion.

Additionally, most Dalits are ultimately unable to escape their treatment as "untouchables" regardless of the religion they profess. Finally, Dalits may become targets of forced "reconversions" to Hinduism by sangh parivar groups. While the Indian Constitution grants certain constitutional privileges to Hindu, Buddhist, and Sikh Dalits see Section V B , the same benefits do not extend to those who convert to Christianity or Islam. Dalit Christians and Muslims lose their "scheduled caste" status even though they are unable to escape discriminatory treatment from Christians and Muslims.

Many Dalit Christians must pray in separate or segregated churches, bury their dead in separate cemeteries, and endure discrimination by non-Dalit priests and nuns. Descendants of Dalit converts to Islam also face discrimination at the hands of Muslims who trace their ancestry to Arab, Iranian, or Central Asian origin. Dalits' right to freedom of thought, conscience and religion is explicitly denied through legislation that prohibits or impedes religious conversion.

These actions often result when Dalits refuse to carry out caste-based tasks or seek to defy the social order; they frequently entail punishment of entire communities. Though the right to freedom of peaceful assembly and association is enshrined in Article 19 of the Indian Constitution, Dalit protests are often met with police violence or arbitrary arrest and detention. Dalit activists have been detained and charged under draconian national security and anti-terrorism laws see Section V A 1 a ii. In addition, police have made use of the Sedition Act, embodied under Indian Penal Code Section A, to prohibit peaceful meetings and protests.

Ambedkar by upper-caste community members resentful of these statues in public spaces. Ambedkar represent to Dalits the potential for "education, success, contribution to the political world of India, courage, [and] empowerment through relationship to government" [] When Dalits have protested such vandalism, the police and upper-caste community members have often responded with violent attacks and arbitrary arrests. In November the entire state of Maharashtra was engulfed in protests by Dalits after upper-caste community members desecrated a Dr.

Ambedkar statue in Kanpur, Uttar Pradesh. In response to the protests, a Dalit youth was lynched, and the police opened fire in Osmanabad, killing two people. The Ramabai killings of July are a notorious example of the use of excessive force by the police in response to peaceful and democratic protests. Ambedkar in their settlement in Bombay. Dalits' economic, social and cultural rights are routinely infringed by State and private actors with respect to all elements of the right to work including in particular the right to free choice of employment and just and favorable conditions , the right to form and join trade unions, the right to housing through segregation, discrimination in urban environments and limits on the right to own property , the right to access particular servicesin a non-discriminatory manner, the right to education and training, and rights regarding equal participation in cultural activities, such as wedding processions.

One practice that particularly influences the overall enjoyment of economic and social rights is the upper-caste imposition of social and economic boycotts against Dalits as a form of retaliation for assertion of rights. These boycotts are reinforced by the panchayat village council who levy fines against upper-caste individuals who refuse to participate.

In April upper-caste community members-reportedly angered by the election of a Dalit to the local panchayat and by Dalit attempts to increase their participation in village politics and activities-imposed a complete social boycott against Dalits in a village in Gujarat. Upper-caste community members were instructed not to supply anything, even basic necessities, to Dalits, and landowners were told to fire Dalit farmhands.

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