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equal by law, unequal by caste - International Dalit Solidarity Network

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286 Wisconsin <strong>International</strong> Law Journalelectronic industries sectors is dismal. 169 Economic liberalization has nottranslated into economic liberation for <strong>Dalit</strong>s and other marginalizedcommunities in India. 170 The market, in short, has not served as an<strong>equal</strong>izing mechanism. 171 Economic reforms must be scrutinized for thework that they leave undone and for the inherent assumption that suchwork can be done <strong>by</strong> either economic or legal means. 172 As detailed inthe section below, legal reforms to address <strong>caste</strong>-based in<strong>equal</strong>ity anddiscrimination, though astounding in their vision and reach, have beensabotaged in their implementation due to the conflation of <strong>caste</strong>ism andcorruption. 173169 Id. See also Teltumbde, supra note 152, at 7-8.170 For empirical studies on the adverse impact of macro-economic reforms, including thewithdrawal of state involvement in social sectors, on marginalized populations such as <strong>Dalit</strong>s,see generally NEW ECONOMIC POLICY AND DALITS (P. G. Jogdand ed., 2000). In spite ofeconomic reforms, scheduled tribes continue to significantly lag behind in economic and socialdevelopment. Sandip Sarkar et al., Development and Deprivation of Scheduled Tribes, 41 ECON.& POL. WEEKLY 4707, 4824 (2006); RS Deshpande & Amalendu Jyotishi, The State Policy &Poverty in India: An Understanding in Retrospect, 2001, available atwww.uregina.ca/sipp/documents/pdf/despande.pdf. On Muslims in India, the findings of theSachar Committee Report conclude that <strong>by</strong> and large Muslims rank somewhat above scheduled<strong>caste</strong>s and schedule tribes, but below other minorities and Hindus generally. GOV’T OF INDIA,PRIME MINISTER’S HIGH LEVEL COMM., SOCIAL, ECONOMIC & EDUCATIONAL STATUS OF THEMUSLIM COMMUNITY OF INDIA: A REPORT 237 (2006).171 See K.S. CHALAM, CASTE-BASED RESERVATIONS AND HUMAN DEVELOPMENT IN INDIA 31(2007).172 Teltumbde, supra note 152, at 15.173 See, e.g, CHALAM, supra note 171, at 87:Politicians in the region see a political opportunity in the poverty of <strong>Dalit</strong>s, for it canbe used as an alibi to approach donor agencies for funds. Such funds can be used atthe time of elections. This serves as a political investment of the ruling elite to winthe elections without any budgetary process.

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