Caste Discrimination against India's “Untouchables” - Human Rights ...

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. 102 Accordingly, under constitutional provisions and various laws, India
grants Dalits a certain number of privileges, including “reservations” (quotas) in education,
government jobs, and government bodies. 103 Like many of the protective measures
described in this report, the reservation policy has not been successfully implemented for
Dalits. 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, 104 as are seats in higher education. Finally, Dalits who convert to
Christianity or Islam risk losing their “scheduled caste” status and the few benefits it
affords (see Section VIII(D)(5)(a)).
1. Failure of compensatory discrimination mechanisms and discrimination in public
employment
Caste-based occupational distribution is reinforced in reserved government employment. 105
The NHRC reports that Dalits occupy over 65 percent of the total government posts for safai
karmacharis (sweepers) and only 16.7 percent of non-sweeper posts. 106 Dalits are also
discriminated against when being considered for promotions. 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
102
Government of India, Fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth periodic reports of the Republic of India, due on 4
January 1998, 2000, 2002, 2004, and 2006 submitted in one document on Jan. 26, 2006, CERD/C/IND/19, para. 101 (March 29, 2006).
103
Human Rights Watch, Broken People, p. 23. India’s policy of reservations is an attempt by the central government to remedy past
injustices related to low-caste status. To allow for proportional representation in certain state and federal institutions, the constitution
reserves 22.5 percent of seats in federal government jobs, state legislatures, the lower house of parliament, and educational institutions
for scheduled castes and scheduled tribes. Ibid., p. 40. An amendment to the Constitution also enables reservations for scheduled
castes and scheduled tribes in village councils and municipalities, and no less than one-third of reserved seats to be allocated to
scheduled caste and scheduled tribe women. Constitution of India, Articles 243D and 243T.
104
Sanjoy Majumder, “Indian Court Upholds Caste Quotas,” BBC News, Oct. 19, 2006.
http://news.bbc.co.uk/2/hi/south_asia/6067504.stm (accessed February 7, 2007).
105
NHRC Report, Section VII, p. 137.
106
Ibid., p. 137.
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