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WCAR Plenary
5 September 2001
Statement at the Plenary by
Dr. Justice K. RAMASWAMY,
Representative,
NATIONAL HUMAN RIGHTS COMMISSION OF INDIA
This World Conference holds, in reality, a mirror to the soul
of each of us.
First, I would like to say that our Commission fully concurs
with the Statement on behalf of National Institutions that has
been read out by our South African colleague.
The Indian Commission has considered it its duty to listen
attentively to those in our country who have been the victims of
historical injustices, and who are hurting because of
discrimination and inequality. I refer in particular to those
who, under our Constitution, comprise the Scheduled Castes and
Scheduled Tribes - the Dalits and Adivasis of India - with the
protection of whose human rights our Commission is itself deeply
involved. It was to hear their voices, and to benefit from an
exchange of views with them, and with eminent jurists, academics
and human rights activists, that our Commission organized two
major consultations in August 2001, in Bangalore and Delhi
respectively, as steps preparatory to the formulation of the
views of our Commission for this Conference
May I now outline the views of our Commission on certain of
the issues before the Conference that are particularly germane to
my country. The full text of our Statement is being circulated
separately.
• There can be no doubt that in India - as everywhere
else in the world - history and society have been scarred by
discrimination and inequality.
• It was in recognition of this - and to end such
injustice - that our Constitution contained powerful provisions
to combat all forms of discrimination, including notably those
forms which were based on race, caste or descent. These
provisions of the Constitution are justiciable.
• It can with good reason be said that India has embarked
on a programme of affirmative action which is, perhaps, without
parallel in scale and dimension in human history. It is all the
more remarkable for being undertaken in a country that has
demonstrated an unshakeable faith in the capacity of its people
to effect fundamental social, economic and political change
through the processes of democracy.
• Our Commission believes it is essential that all Member
States, including India respect the international human rights
regime established under the auspices of the United Nations and
observe the discipline of the treaties to which they are States
Party.
• In the light of this, our Commission is of the opinion
that the exchange of views on human rights matters, whether at
the national, regional or international level, can all contribute
constructively to the promotion and protection of such rights and
that this Conference provides a singular opportunity to the
international community to deal openly and courageously with the
vexed issues of discrimination and inequality as they exist all
over the world, in all of their variety, including the forms of
discrimination that persist in India and all other countries. In
such a context, it is not so much the nomenclature of the form of
discrimination that must engage our attention, but the fact of
its persistence that must cause concern. Given this perception,
the Commission is of the view that the debate on whether race and
caste are co-terminus, or similar forms of discrimination, is not
the essence of the matter. The Constitution of India in Article
15 expressly prohibits discrimination on either ground, and that
Constitutional guarantee must be rigorously implemented. In this
connection, the Commission believes deeply in the value of
engaging Governments, non-governmental organizations, national
institutions, and all concerned elements of civil society in the
process of fighting discrimination, and urges that this process
be conducted at all levels in a spirit that is genuinely
interested in the furtherance of human rights, and not vitiated
by self-righteousness or by political and other extraneous
considerations.
• In furtherance of its statutory responsibilities, the
Commission has thus accorded the highest priority to ending
discrimination against Scheduled Castes and Scheduled Tribes and
in seeking to eradicate, in particular, two pernicious practices
which largely affect members of these communities: these relate
to manual scavenging and bonded labour.
The Commission has also taken up the issue of the rights of
persons displaced by mega projects and large dams, many of whom
are tribals.
• In the final analysis, the Commission believes that the
promotion and protection of the human rights of the weakest
sections of society are clearly related to their full and proper
empowerment. That is why the Commission has urged the adoption
and implementation of policies at the Central and State levels
that will open the doors of opportunity to them. In addition, the
Commission has continued to receive and redress numerous
individual complaints that it has received daily from persons,
notably Dalits and Adivasis; these have alleged acts of
discrimination, "untouchability", violence against the
human person, atrocities of various kinds, and high-handedness by
public servants and others.
Economic upliftment and empowerment of Dalits is the most
effective tool to combat casteism. More avenues must be opened
for the economic betterment of the disadvantaged.
The Commission is acutely aware that the journey to end
discrimination, injustice and inequality will be long and often
frustrating. But it is convinced that, in this mission, the
Constitution of the Republic has shown the way. Legislative and
affirmative action programmes are firmly in place, but
unquestionably need to be far better implemented. The Commission
is convinced that discrimination on any of the grounds contained
in the Constitution of India, and these include race, caste and
descent, constitute an unacceptable assault on the dignity and
worth of the human person and an egregious violation of human
rights. The commission holds the view that the instruments of
governance in our country, and the energetic and committed
non-governmental sector that exists, can unitedly triumph over
the historical injustices that have hurt the weakest sections of
our country, particularly Dalits and Scheduled Tribes. This is
above all a national responsibility and a moral imperative than
can and must be honoured.
Posted on 2001-10-03
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