IX. Article 6: Assure effective protection and remedies <strong>against</strong> acts of caste-based discrimination Article 6: State Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, <strong>against</strong> any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination. In its periodic report, the Government of India cites to constitutional provisions and legislative measures that open its courts to victims of discrimination. 475 These measures include legal services for the indigent and the setting up of people’s courts. 476 While the government has enacted such measures, their utility is belied by the insidious nature of caste-based discrimination that has been documented throughout this report, and by the country’s own National <strong>Human</strong> <strong>Rights</strong> Commission 477 —a body that India characterizes as the apex national institution to protect human rights and redress grievances. 478 On the particular issue of lack of effective remedies for Dalits, the Commission has found that even where cases are properly registered under the Prevention of Atrocities Act, 1989 several states are not providing economic relief to victims of atrocities as is required. 479 The NCDHR has also found that Dalit victims have often been unable to benefit from this requirement 475 Government of India, Fifteenth, Sixteenth, Seventeenth, Eighteenth, and Nineteenth Periodic Reports to the Committee on the Elimination of Racial <strong>Discrimination</strong>, CERD/C/IND/19, paras. 134-55. 476 Ibid. 477 The NHRC has additionally recommended to the Central Government that it review its facilities like legal aid, implicitly concluding that Dalits are not necessarily the beneficiaries of such services, despite the fact that the vast majority of Dalits are poor. NHRC Report, Section IV, p. 27 (citing recommendations from National Commission on SCs and STs - A Report on the problem of Untouchability, January 1989). 478 Government of India, Fifteenth, Sixteenth, Seventeenth, Eighteenth, and Nineteenth Periodic Reports to the Committee on the Elimination of Racial <strong>Discrimination</strong>, CERD/C/IND/19, para. 156. 479 The Commission found that even if cases are properly registered under the Prevention of Atrocities Act, 1989 several states have failed to provide compensation to victims under the Act. Even though this scheme is sponsored by the Central Government, funding to states is conditional on the states’ ability to contribute 50 percent of the funding. Due to budgetary constraints and lack of political will, states do not contribute the required amount and thus, lose central funding. Consequentially, the NHRC has concluded that several states are not providing economic relief to victims of atrocities, as the funds spent in these states under the Prevention of Atrocities Act, 1989 bears no relationship to the number of atrocities taking place in the states. NHRC Report, Section IV, p. 50. 107
ecause police will purposely downplay charges and register atrocities <strong>against</strong> Dalits under the Indian Penal Code instead of the Act, in order to circumvent the compensation requirement. 480 These are but a few examples of the systematic discrimination Dalits endure before all institutions of law enforcement—the very bodies responsible for ensuring their protection (see Section VIII(A)). 480 NCDHR Response to the Special Rapporteur’s Questionnaire, p. 25. 108
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Hidden Apartheid was produced as a
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VII. Article 4: Eradicate propagand
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I. Summary List of the Critical Iss
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Article 2 India’s failure to ensu
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The NHRC has recommended that the g
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propaganda of the Sangh Parivar, wh
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The right to freedom of opinion and
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impediment to Dalits’ freedom to
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to education noted in his report be
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Article 7 There is a severe lack of
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Human Rights Watch An independent,
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The Committee itself has recognized
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IV. Response to India’s denial of
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to suffer disproportionately from m
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V. Article 2: States Parties’ obl
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interrogation of Dalits. Jurists, h
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Section 107 in excess of the maximu
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Bihar and Tamil Nadu conducted by H
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Atrocities Act, 1989. 83 Similarly,
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2. Refrain from supporting private
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4. Encourage integrationist movemen
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that these groups were poorly repre
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4. Inadequate development and prote
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implemented. 130 The societal perce
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caste residents. 140 This segregati
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Muslims and Christians in India, 14
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A. Duty to ensure the right to equa
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In fact, as statistics from the Nat
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Dalits’ right to equal treatment
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