DALITS

A Comment by Dr. Nandi Joseph

Dalits are the Untouchable Caste of India, where according to the 1991 census the Dalits of Hindu origin alone are over 25% of the population (i.e. 250 million). These people have been fighting against a degenerating sense of nobody-ness in this society for thousands of years. Even today, in many villages and towns these people are considered as the last, the least and the lost of society.

According to Hindu mythology, the Brahmins came from the head, Kshathriyas (warriors) from arms, the Vysyas (business class) from the thighs and Shudras (labourers) from the feet of Brahma, the Creator. The Untouchables have no place in the above "Chturavarna System" as they are non-people. Hence, subhuman and inhuman treatment is meted out to them by the other four castes of the hierarchical system.

During the freedom struggle, the colonial government, at the insistence of Dr. Ambedkar, wanted to know which were the castes considered outcastes and untouchables. Hence a schedule was prepared and those castes that were incorporated are called Scheduled Castes. At the Round Table Conference, Mahatma Gandhi tried to show concern and care for them and gave them the title ‘Harijan’, taking the cue from a Gujarath Saint, Narsi Melitha, who had written a poem as DIVADASI CHILDREN sounding that harijan means an illegal child. [UNCLEAR MEANING]. It was Dr. Ambedkar who gave these people the name ‘Dalit’, meaning Broken People (in Hindi ‘dal’ means ‘broken’).

Thanks to the struggle of Dr. Ambedkar, and people like Jydhi Baphule and Periar F. V. Ramasamy, Dalits - once considered non-people - are now given the same considerations through constitutional guarantees and reservations in education and employment. Yet, today only six to eight per cent of Dalits are better off than before. Most are caught up in poor social conditions as bonded labourers, or are forced to do the meanest of mean jobs, sweeping roads, cleaning toilets, carrying human excreta and living in appalling conditions. Murders of Dalit men and rapes of Dalit women are a common thing in India. A lot has to be done to give these people a proper place in society

TRIBALS

A Comment by Fr. Mani

Through a process of conditioning and enslaving education, the mainstream and government media are trying to co-opt and assimilate the Dalit and indigenous elite and let the rest of the Dalits and indigenous people (about 300 million) perish through cultural erosion, demoralisation and physical genocide. Their cultural identities are not considered or recognized as worthwhile to be promoted. This is a blatant violation of human rights, in spite of the Indian constitutional provisions and the UN Convention on Torture, to which India is a signatory. For our part, we will try to mobilise - in partnership with tribal organisations and concerned citizens’ forums - national and international opinion against this demoralisation, cultural erosion and physical genocide of one third of the Indian population and half the tribal population the world over. Our group, Vizwamaithri, has also already started a tribal ‘Gurubulam’ (school) for alternative education - to promote tribal culture, language, art, agriculture, craft and nature-friendly spirituality, assuring them cultural identity and self esteem. The school is named "Vizwamaithri Tribal Gurubulam"

N.B.- Tribals in India total 80 million; denotified tribes, 60 million; Dalits, 160 million; Kerala tribals, 320 thousand; Attopody tribals, 30 thousand.

Reflection on the UN Convention Against Torture

by Father Lawrence Noresh Das, CSC

Torture, whether physical or mental, is an evil. This evil has its root in our families and societies. Ignorance, discriminatory mindsets in regard to colour, creed and caste, and discriminatory religious values are the causes for torture. Domestic violence and police torture are worst in South Asian countries. We all feel bad about it. We are brothers and sisters created by the same God. Moreover, we are a global family with its richness of diverse culture, creed and colour. All of us want peaceful and harmonious living. This conference made us more aware of the need to work in solidarity to defend human dignity and the human rights of our brothers and sisters in a united and concerted way, with the weapons of the UN Convention Against Torture and respective country laws regarding torture. I am looking forward to seeing a better world of hope, joy and happiness.

Personal Reflection

by Ms. Pooja Shresthra

The UN Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment have been an important forum to voice our opinion and in return, take the feedback from the participants.

In Nepal, the existing scenario on torture can be profoundly noticed in the Maoist affected areas, those in the Police custody, those who have been trafficked, those still under the pretext of the superstitious beliefs and those facing domestic violence.

While working in the respective area, the encounters of the victims have been plenty. I still remember those faces, the faces so still, full of hope and anguish to get somewhere, to reach out for the helpful hands, the hands to shed away their tears and remove the fears from the heart and soul. I wish at times that those days had never existed, those faces would never turn up.

So, to end Torture and Other Cruel, Inhuman and Degrading Treatment, let us first start with out family, our neighbor, our society that is basically from Micro to Macro level.

Rape & Womanliness

by Mucha Shim Q Arquiza –AMAN

Violence against women, especially through sexual aggression, is being perpetuated in this permissive and insensitive society where the social systems and moral institutions have unwittingly become the very instruments (or a part) of violence.

As framers of community values, social and religious institutions have crafted the yoke and chain for woman that have eternally condemned her while declaring her a saint and claiming to place her on a pedestal. The ‘moral’ society sees woman as symbol of community pride and honor and imposes expectations upon her: to be meek, modest and passive. Chauvinism is legitimized in pegging womanly virtues on her chastity; branding her sexuality as carnal, sinful and dirty, and therefore shameful and something she should be guilty of. And yet no such thing is expected of the men. Indeed so high a price must the woman pay that is placed on her virginity. All these have made her gender and sexuality synonymous with her weakness and folly.

It is in this context that sexually violating a woman has become a very effective way to bend her and break her down. Rape then becomes the gravest and utmost form of humiliation to woman and her community. Thus, only by redefining and re-orienting values on sexuality will womanhood be genuinely liberated and empowered

Child Sexual Abuse: The Invisible Scourge

by Ms. Seema Bhaskaran

Sexual abuse, including rape, is one of the most heinous, brutal and de-humanizing forms of torture. Sex - the most beautiful and sacred element of life and creative source of energy - is debased into a tool, a weapon to defeat, humiliate and destroy to nothingness the peaceful half of life: our women and children. This form of torture is spread through all echelons of society, beginning from the family and marital institution to the school, college, workplace, religious institutions, police, military and the state, and all these institutions re-victimize the victims.

In India, upper caste men use sexual abuse as a coercive mechanism to put the lower castes, especially Dalits, back in their place. During communal riots it is used as a method of vengeance against a community, and by the police when ‘development’ programs are implemented to snub out poorest tribals or native people fighting against forcible evictions.

In particular, sexual abuse of children is rampant but pushed away in shrouds of secrecy and shame. Power-play makes child sexual abuse an acceptable and condoned crime where the accused goes scot-free and the child leads a life of stigma and scorn. Power-play implies the imbalance of power between the two genders and how power derived from the powerful economic, social and political position yielded by men is employed by them in defining and constructing what sexuality means.

Sexual assault is an attack against children on a physical, emotional, psychological, moral and social level. The concept of virginity and sanctity of the vagina valued and upheld by our society transfers all the blame for sexual abuse onto girl victims. Here are a few case histories of children with whom I worked closely:

1. A thirty year-old man orally penetrated a six year-old, the only child of a couple who was conceived after several years of marriage due to biological complications. She was playing in the garden when she was pulled away by the accused. This was the fourth or fifth time he had committed a crime of child sex abuse, but parents of other child victims feared social stigma and remained silent. The case is presently being heard in the Kadungaloor Court. It was postponed four times due to the Public Prosecutor’s absence. The child has become withdrawn and is constantly losing weight.
2. Another case is presently being heard in the Wadakanchery First Class Magistrate’s Court. The twelve year-old victim was abused during 15–25 March 1998 by five persons. The case was reported on 2 April 1998 but charges were submitted to the court only on 28 February 1999. The child has developed fits and loses consciousness for long times at a stretch having been subjected to the abuse. His good academic performance dropped and he failed the 10^th standard. Despite his frail health, the boy was cross-examined by one of the defence lawyers for a long time in front of the whole court. In response to our plea, the Chief Justice of the High Court immediately issued an order to carry out in camera proceedings. Despite this, the child has not been able to withstand the cross-examination of the five defence lawyers, who are crossing all limits of decency and asking obscene questions. The parents are almost on the verge of committing suicide, unable to bear the strain of their child being treated so excruciatingly.
3. A girl was molested by her uncle for several years. She was staying with the uncle and aunt as they were childless and her mother was concerned about this. She could not disclose the abuse, as her parents’ marital discord had left her confused and insecure from childhood onwards. She was guilty, depressed and always on the verge of suicide. Only when she grew up needing psychiatric assistance and could not bear the suppressed anger and sadness anymore she broke down in deep trauma. The after-effects continue in her married life where she perpetually feels guilty and good for nothing. Her self-image is very poor and distorted.

It is very difficult to trace any reason for child sexual abuse in India. Families maintain a veil of secrecy around sexual issues. Inquisitiveness and the urge to know is suppressed and children are made to feel that their being violated is a sin. The naked body is portrayed as a dirty object right from childhood. This ideological imposition stupefies and paralyses the child who is subjected to sexual abuse. The educational system and teachers also do nothing to enlighten children on sex. There is no sex education, which relieves teachers of possible embarrassment.

There are very few sections under the Indian Penal Code that deal with child sexual abuse. The laws for women are extended to include children. The major weakness of these laws is that only penile penetration is considered a grave sexual offence. The crime is considered lesser when it is oral, or through penetration with an object. Although section 377, dealing with unnatural offences, prescribes seven to ten years of imprisonment, such cases can be tried in a magistrates court, which can impose maximum punishment of three years. And if the abuse is repeated several times it affects children more severely, however as yet there is no law for repeated offenses against the one child.

How do we apply section 354, on outraging the modesty of women, with respect to children? How do we define modesty? The gravity of the offence under section 509, dealing with obscene gestures, is less. Yet even in such cases, the child’s psyche may be affected as severely as in a rape.

In a Supreme Court ruling of 1983, the judges opined that a child victim’s testimony is most important. Corroborative evidence is not essential. Yet police can wait for forensic lab reports for three years. Another issue is that it takes ten to fifteen years for a case to reach the Supreme Court.

It is also important to note that a child specialist or social worker’s presence is essential when the police take down statements. Video questioning should be introduced to avoid obscene questions and direct meetings with the accused, and to ascertain that a cordial atmosphere has been established for the trial. Special sittings for children should also be held, to avoid unnecessary delay.

Finally, the most important task is to initiate dialogue on sexuality and ask ourselves the question: why do we abuse children?

Reflections by Fr. Camillus Jans

Human life is a beautiful and wonderful creation of God. Therefore every Human being has to right to live in this world with Justice and Peace. But when I reflect about my own Country, it is very sad. In past as well as in present lots of tortures are going on. Can we say that in future there will be no tortures in Sri Lanka. "No" I can not say. When a person taken in to custody, they torture his because they wont to get information. They think that this is the only way that they can get information from him. They did not think that this person also has right to explain these things in past way.

Therefore it is time to stand against torture not only Sri Lanka but also in the world.

A Comment by Fr. Nandana Mantunga

The Physical and Mental Torture continues at different levels in all parts of Sri Lanka. The law enforcing agencies continue to torture people on the Pretext of the war situation.

The civil society has to call on the State to respect the UN Convention against Torture and inhuman Punishments. The Religious leaders need to play an active role in promoting the UN Convention against torture and other inhuman Cruel Punishment by conscuientising civil society. To counteract Torture the Religious leaders will have to communicate the religious doctrine powerfully and forcefully without diluting or compromising.

A Comment by Chandana Tennekoon

Every country has legislations to regulate the taking of persons into custody and detention of suspects.

Therefore, taking into custody and detention of persons should be carried out within the legal system. Majority of countries today are bound to observe the enactments of the U.N. Conventions on Human Rights – for the benefit of the citizens. In the taking of persons into custody it should be done according laws pertaining to this matter, without violating the fundamental human rights of persons. At the same time taking into custody should be done within the framework of the law. A person arrested on suspicion should be given just reasons for the arrest. The suspect should be presented before a court of law – within a certain time limit – so that justice is meted out to the suspect.

Presently, these Laws remain at the level of Legal Theory – often a very insignificant minimum is carried out practically – and enforcement of these laws is neglected. Unlawful taking into custody, detention and subjection of suspects to inhuman torture have become common experiences of our times.

We are aware of the enormous sufferings the victims of arrests undergo. Apart from torture the victims are subjected to, they are made to witness the infliction of terrible torture on other victims. We see and we hear of mass graves of victims of torture. The media highlights news of widespread inhuman torture and degrading punishments meted out by law enforcing persons on victims of arrests. The failure of criminal investigations into such matters compel us to question is there no legal system in our country to respect the Human Rights of our citizens.

A Comment by Chandani Watawala

There are two types of torture: one physical and the other mental. I feel the mental torture affects more than the physical. While there is cure for physical torture, mental torture to a person is incurable. Sometimes it is for a lifetime.

In Sri Lanka, for the past 20 years we have faced and on going war and ruled under Emergency Regulations. Not only in the North and East but all over the country all the people face severe mental torture since more than 30% of the national income is spent on war. As a result more than 70% of the population are denied their basic needs.

On the other hand concerning law and order very low standards are maintained. Compared with several South Asian countries we have passed several laws against torture and against inhuman treatment. But the reality is different. Now people are more exposed to torture and inhuman treatment.

I feel as a social worker, we have to work to eradicate this situation.