Caste discrimination against Dalits in the workplace (government offices)

“Discrimination against Dalits at work place”

Untouchability is a social killer – no one can disagree with this citation. But discrimination against Dalits still exists in varied forms including the use of two tumbler systems in tea shops, denial of temple entry, denial of use of public property, discrimination in schools, Dalit Panchayat presidents denied from sitting in their chairs, murders, destruction of Dalit houses, and sexual harassment of Dalit women. Day by day, Dalits face these atrocities and violations forced upon them in several forms. In to the Indian Constitution framed in 1950, article 17 states that untouchability is demolished and that practicing untouchability is a crime. 60 years have passed since the framing of this Constitution.

Two special acts were framed to prevent atrocities and violations against Dalits: the Protection of Civil Rights Act in the year 1955 and the Prevention of Atrocities Act in the year 1989. Many social activists and human rights organizations have proclaimed that these rules are framed in name only, that our government has not taken the proper steps necessary to implement these rules. Yet the Indian government claims that it taking necessary steps, making plans to abolish untouchability. This argument between social activists and government reached its peak in year 2001. When the United Nations conducted an international level conference against the racism practiced in Turban, South Africa, many social activists insisted that “caste discrimination should be considered as racism.” But the Indian Government strongly denies this instance, behaving as if no such caste discriminations exist. Until now, these discussions and arguments have taken place at world level. In addition to government denial, some general propaganda on caste has been converted to arguments of the public. Many argue that caste discrimination is no longer practiced as it was by previous generations; that this sort of discrimination occurs only in a few villages, and that some people falsely frame existing discrimination as a broader problem. They say that many Dalits have become doctors with their reservations and that many Dalits have become high court judges. They claim economic status is the sole extant cause for discrimination. Many give statements that “now that people have developed in different fields such as MNC, software, research study, and mass communication, the discrimination that might occur in any one village no longer affects such educated and developed people.” All the above arguments are just for eye wash.

Recently a conference was organized by SC/ST employees at Chennai. Some Dalit IAS officers gave an open statement that “even though a person has been educated and became an IAS officer, discrimination is still shown upon him.” How then, can the above be statements true? Has caste discrimination really been abolished? Has caste discrimination even been reduced? Do reservations really provide the social equality they are said to? What are the reasons for caste discrimination? Are the acts and laws forbidding this discrimination really fully implemented?

Research on the issue:
It is essential that we conduct a detailed research study to answer the above questions. Considering the above arguments, our EVIDENCE team has conducted many research initiatives in the past two years exploring discrimination as it exists in Tamil Nadu. Particularly, we have proven in our research that untouchability is practiced in 600 reserve panchayats. We have also conducted fact finding initiatives in 300 atrocity cases and followed through with legal action. Continuing our work, EVIDENCE conducted detailed research on “discrimination on daits at work places” during the months of January – February 2009. We consider this research to be challenging. It is difficult to reveal discriminations among educated Dalits. Despite the argument that educated people would never identify themselves as Dalits, we completed this research. 77 Dalits gave open statements that they have faced discrimination, and they signed these statements. Our EVIDENCE team considers these signed statements as important proof.

Objectives and limitations of the research: Various research has been conducted on discriminations and atrocities against Dalits at the state and national levels. But this was the first time research on discrimination and violence against Dalit officials and employees has been conducted in Tamil Nadu.

This research has been conducted with following aims:
• To determine the existence of caste discrimination against Dalit officials and employees in the workplace.
• To find out the situations and reasons behind this discrimination.
• To determine how to frame plans to abolish caste discrimination in workplaces.
• To prove that caste discrimination- occurs not only in lower level but also at higher levels.

To collect the evidence needed to reach these goals, we conducted our study. We would like to share our findings with our civil society. Our Indian government signed the UN International Convention on the Elimination of All Forms of Racial Discrimination in 1969. Yet it has not shown any response or taken any steps in response to this treaty. Our research seeks to determine if the above statement is true.

Limitations and research procedures:
We conducted this research in the districts of Madurai, Sivagangai, Tirunelveli, Theni, Dindugal, Trichy, Nagapattinam, Pudhukottai, Dharmapuri, Salem, Vellore, Cuddalore, and Vilupuram. The questionnaire form was designed with 58 questions in 5 sections. This research was carried out by our 4 fact finding teams. Our team interviewed 77 Dalit officials and employees who gave details about the discrimination which has been imposed upon them. They also described the effects of any legal intervention taken against this discrimination, and signed the questionnaire form. Some officers asked us not to release their names and designations, so we did not release the address of 77 respondents. In our study we only mention their names, designations and the discriminations which they faced.

Research findings:
Among the 77 Dalit respondents, only 5 are women (6.5%), and other 72 are men (93.5%). Among the 77 Dalits, 59 are Parayars (76.6%), 11 are Pallars (14.2%) also (Devendrakula vellalur), 7 are Arunthathiyars. Among them, 63 (81.8%) are government employees and 14 (18.2%) were employed in government aided institutions.

Department and designation:
Employees from various fields including education, vetenary, roadways, income tax, public institutions, banks, medicine, electricity, justice, employment, health, registrar, corporations, rural development, and co-operatives gave open statements. Among them 6 are Doctors, 5 are vetenary Doctors, some are lecturers, deputy Thasildars, teachers, bank managers, head masters, writers, and 5 are VAOs. Among these 77 Dalits, 53 (68.83%) are members or in-charge in labor unions. Also 18 were in-charge in SC/ST labor unions.

Educational qualification:
Among the 77 Dalits surveyed, 6 (7.79%) have completed M.B.B.S, 29 (37.7%) have completed M.Phil, Ph.D, 5 studied Vetenary medicine, 8 (10.38%) completed undergraduate education, and also some have completed B.E, Diploma, P.U.C, or S.S.L.C.

Discrimination and violations:
Among 77 respondents, 75 (97%) gave open statements that they are subject to discrimination in their workplaces. Of these respondents, 29 (37.6%) were subject to work disparity, and 23 (29.8%) were discriminated against based on their physical appearance. Among the 5 Dalit women surveyed, 3 reported that they faced gender discrimination. Among our respondents, 61 (79.2%) reported that they faced both caste based and non-caste based discrimination. It is significant that among these 77 Dalits, 62 (80.5%) were subject to discrimination and atrocity incidents.

Physical and psychological distress:
Among the 77 Dalits, 53 (68.8%) were subject to emotional distress, 25 (32.4%) had their modesty outraged, 9 (11.6%) were scared, and 7 (9.9%) were separated from others.

Job oriented loss:
Due to caste discrimination, promotions were denied to 25 (32.46%) respondents. 15 (19.4%) respondents were purposely transferred and 5 (6.49%) were dismissed. Aside from these discriminations, Dalit employees were subject to enquiries, memos, and loss of pay.

Discrimination and effects at family level:
Among the 77 interviewed Dalits, 62 reported that their family members were also affected by the discrimination to which they were subject. The wives of 54 Dalits, sons of 43 Dalits, daughters of 32 Dalits, mothers of 16 Dalits, and fathers of 13 Dalits were affected.

Solidarity to Dalits:
28 respondents reported that they received support from other people. Some respondents reported say that some organizations raised voices to get justice for them. 30 respondents reported that some labor union had supported them. Most of them said that SC/ST labor unions had provided great support to those affected by discrimination.

Solidarity to persons who discriminated Dalits:
Around 46 persons (59.7%) reported that caste Hindu gangs had taken some action against them. 24 people reported that caste Hindu organizations and or trade unions had taken some action against them. It is awful to know that some forward trade unions also work to undermine their Dalit employees.

Atrocities against women:
Among the 5 women respondents, 4 (80%) confessed that they were subject to violence and discrimination from their caste Hindu higher officers.

Discrimination at work place:
61 people reported that Dalits were subject to discrimination in their workplaces. Many were indirectly threatened not to use the public toilets in their workplaces. Some of them expressed that due to Dalits using of a public tumbler to drink water, caste Hindu employees would not make use of that water.

Legal interventions:
Among 77 respondents, 47 (61.03%) reported that they had issued complaints to concerned officers. Only 4 people received proper justice. Among the 47 who issued complaints, 35 had issued complaints to higher officers, 20 had issued complaints to departmental directors, and 2 (2.5%) respondents stated that they had given complaint to the National Human Rights Commission, but they had not sent any complaints to either the National or State Commissions for Women. 6 had sent complaints to the State Human Rights Commission. 13 reported that they had filed cases in court.

Sworn statement of the affected:
1. Dr.Mr.Anand (33) Gave a sworn statement that in his hospital, Dalit and Non-Dalit patients are segregated, and that Dalit patients alone are sent to him for treatment. When asked how patients were segregated, he replied that hospital staff used a patient’s address, village, appearance, and the way of speaking as a basis for segregation. Other caste Hindu doctors and other employees made comments to him that “doctors who studied with their reservation could not give proper treatment.” He also said that hospital employees often vandalize his car. He said that he had been discriminated against previously during his M.S. Studies when a caste Hindu friend of his had ostracized him after coming to know that he was a Dalit.
2. Mr. Govindasamy (48) M sc., M.Ed., M.Phil. “My head master often abuses me with caste bias. When I wore good clothes he used to abuse me in front of all other teachers. Because of this I got psychological distress, and sleeplessness. Now I can not sleep without sleeping pills. Because of him caste Hindu boys don’t give respect to me.”
3. Mr.Subbramani, Statistics department. “I had kept caller tone song ‘Nan aanai ittal.’ Knowing this my superior officer shouted at me ‘How could you keep this song as caller tone, are you ordering me through this song?’” “Some caste Hindu officers had lodged a false complaint against me. I got mental distress because of this, even I fell on his feet and wept bitterly, also I had slapped myself with my slipper, to express my sorrow. He could not show discrimination openly, so he had given false complaint to my higher authority that I am disrespecting him.”
4. Dr. Kala, Government doctor. “Whenever doctors meetings are arranged, they purposely do not give me a chair to sit. And when I search for a chair, they used to say that the meeting will be over soon and ask me to stand.”
5. Mr. Murugesan, Block development officer. “I had found corruption in check, so my higher officials had brutally attacked me and abused me with caste bias.” Conclusions It is shocking to learn of these discrimination incidents for Dalits in their workplaces. Abusing in caste bias, boycotting, or talking in filthy language has become for many a daily activity.
6. Mr.Pachamuthu, who works as executive officer for an insurance company, reported that caste Hindu juniors will not provide him with water when he is in need. He also often finds that his two wheeler’s tyres have been torn. He also reported that he could not command his juniors to do work. The employees instead gave respect to his caste Hindu assistant and considered him as their officer. Many Dalit officers and employees have given similar written and signed statements about the discrimination they face in their day to day life. Most of them reported that they continue their work with fear or an inferiority complex.

This research study is very strong evidence to prove that even though Dalits are well educated, and obtain higher positions, they still face caste discrimination. We found that even in some government organizations workers are designated into two categories- i.e. as Dalits and as Non-Dalits. Our EVIDENCE team wishes to point out to our government on behalf of civil society groups that there is no way to argue that caste discrimination is abolished or that discrimination has been reduced. Discussions and arguments still persist at the international level about the violations and atrocities imposed on social groups including children Dalits, women, tribal people, and minorities. It is our government’s duty to answer international civil society groups and world countries on the rights of these social groups, and on the human rights standard. Yet our government representatives argue that there is no such thing as untouchability, child labor, violations against women, or religious violence; or attest that they are taking immediate action against such “small problems” which may exist. But this is not the truth, and only when we acknowledge the problems which do exist can we begin to solve them. Denying the existence of this discrimination can in no way solve this problem. Hence we wish to express to our civil society that our government shows delay in taking action on human rights violations.

Recommendations:
• Tamil Nadu government should conduct a detailed study on “discrimination against Dalit officials and employees,” and the research findings should be released as an open statement.
• A grievance committee should be formed at the district level to monitor the discrimination against Dalit officials and employees. • “Caste discrimination monitoring committees” should be formed in any government office or institution which employs more than 5 Dalit employees. It is essential that the head of each committee be a Dalit.
• The forms of “discrimination against Dalit officers and employees” should be included in SC/ST (Prevention of Atrocities Act) of 1989. To achieve this inclusion, SC/ST associations and organizations should put pressure on government to add this discrimination form to the SC/ST Act.
(A.Kathir @ Vincentraj) Executive Director