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Social Justice and Social Development of Scheduled Caste and Scheduled Tribes in Maharashtra - TICI Journal
Social Justice and Social Development of Scheduled Caste and Scheduled Tribes in Maharashtra - TICI Journal
Shaileshkumar Darokar
Abstract
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Introduction
In the context of the renewed upsurge amongst the worst victims of caste
in recent years, the nature, implication and importance of caste and other
systems that excludes are being reviewed at all levels. In this context,
dominant development discourse that held sway since India’s
independence are being contested leading to either minor alterations,
processual reformulations or even radical restructuring. Pertaining to such
politico historical articulations, demanding more egalitarian socio
economic spaces, the question of justice occupies definitive categorical
space.
It is interesting to note though not enough have been spelled out on this
matter by the commentators- that the problems of the Dalits have been
located within the episteme of justice. The debate ranges from the overall
structural arrangement of the society’s political and economic life- which
sees the origination of the problem in the structural arrangement of the
society and hence its eventual emancipation coinciding with the desired
changes in these structural arrangements. To some the debate does not
stop only at the grand schema of structural arrangement, but also focuses
and gives prominence to the peculiar and the particular aspect of justice
which needs to be addressed ‘there’ taking into a context the lives and
experiences of these communities. As a result, apart from the larger
discourse of justice, the discourse of ‘social justice’ have thus, been
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However, the debate over justice and most particularly the universal have
focused upon the distributive aspect of justice and have made it its core
operative part, whereas the social justice aspect and argument in India
moves beyond the argument of just distributive justice. The development
as a core methodology to access the status of the human society,
therefore, embarks upon such aspect of distributive justice, and
particularly dependant upon only those formulations that are distributable,
and hence limited in scope as far as the issues of Dalits and the Adivasis
are concerned as they defy all parameters of distribution methodology. It
won’t be surprising that despite the large arrays of policies of the
Government of India relating to the Dalits and the Adivasis, which cannot
be termed as less than impressive, the conditions of these communities
show disturbing pictures of failed attempts, and raises an ever larger
question of how to tackle the situation. The policy makers, though
understand the distributive factors of the universal justice arguments and
incorporate it in the larger framework, they are hardly concerned,
indifferent, callous, or clueless as to the gamut of theoretical and policy
implied arguments the social justice debates have generated in India, and
most prominently from those who have suffered from it. The problem with
the policy makers in India is that they have either not been intellectually
genuine or have adopted the policy of cognitive blackout towards
Dalits/Adivasis by not taking into cognizance the voices concerns of these
categories. In fact, they could have raised the concerns and provide it the
legitimacy within the policy circles, which was the urgent necessity to
address the problems of these communities.
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has been the primary goal of modern societies. The French Revolution has
greatly contributed the principles of liberty, equality and fraternity as basic
tenets constituting of just social order or society. Social science literature
offers numerous theoretical positions or perspectives on social justice and
equality (Rawls 1971, Dworkin 1977, Sandel 1982, Sen 2009). However, it
is observed that the prominent theoretical approaches to social justice
such as utilitarian and communitarian have their own limitations especially
in terms of socio-economic and political contexts, and structural realities
in different societies. Therefore, the conception of social justice,
distributive justice and equality appeared to be contested one in social
sciences. We would attempt to review a few of them in order to evolve
operational definition of social justice to assess social development
impact on SCs and STs in India in general and Maharashtra in particular.
Principle of Equal Liberty : each person has an equal right to the most
extensive liberties compatible with the similar liberties of all.
The Difference Principle : social and economic inequalities should be
arranged so that they are both to the greatest benefit of the least
advantaged persons open to all under conditions of equality of
opportunity (Upendra 2008:29-30).
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different. They too argue for only a social conception of justice assuming
that every individual interest is taken care of by the general conception of
justice. They are more concerned about the groups, communities and
culture (Upendra 2008:32-33).
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fulfilled, and the major concern for justice is just distribution or on the
other hand entitlement. They, do not even to an extent address the
concerns of underdeveloped, ethnically, and socially varied societies, and
the problems they throw in addressing their issues.
Amartya Sen in his The Idea of Justice (2009) argues for what is
described as the ‘capabilities’ conception of justice. Sen emphasizes for
alternative approaches to existing theories of justice and urges for a new
way of looking at justice. ‘Capabilities’ is mainly the critique of Rawls’
stress on primary goods. Sen insists that there is no such thing as
“perfect” justice; it is relative to a given situation. The quest for “ideal”
justice is meaningless; instead the stress should be on removing the more
manifest forms of injustice. For Sen, justice is ultimately connected with
the way people’s lives go, and not merely with the nature of institutions
surrounding them. In other words institutions must be seen as instruments
for promoting justice rather than manifestations of justice.
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not enough. He failed to give attention to the social power structure that
pervaded it all” (Kothari 1997:451). Similarly, Jawaharlal Nehru, one time
disciple of Gandhi and a supposed architect of modern India had
envisioned, after Independence, for a “socialist pattern of society”
through the planned development. He chose mixed economy promoting
industrialization and rural development through the Five Year Plans, but
his socialism, without much concern for the restructuring of the traditional
domination and exploitation, could not produce the desired result. In fact,
Nehru’s model of Indian society had its specific Hindu character from the
beginning.
Lohia’s Socialism
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Besides the nationalist and the socialist articulation of the Indian National
Congress for a just society to evolve in India, the undivided Communist
Party of India (CPI) founded in 1920 also envisioned to reconstruct the
existing Indian society with the help of the Marxist ideology. Its leaders
talked of socialism through the revolution or revolutionary means to form
an egalitarian society. Towards this end, they had series of programmes to
follow. Some of these are listed below:
(For more detail, see Jacob (ed.), CPI Document – 1942 – 47, pp.224-26;
also see, Communist Party and problems of National Reconstruction,
1955).
In pursuing its programmes, the CPI claimed to link its struggle against
untouchability and caste system with agrarian revolution. It also claimed to
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his own said, “We consider the communist goal of immediate revolution to
be unrealistic, not necessarily unjustified, we support their social and
economic objective, but not their political philosophy, they have done
nothing to educate the common people in their way of thinking. We think
the path of revolutionary communism to be counter-productive. That
cannot be said of the movement for establishing the rights of
untouchables. We do not favour violence as a means or strategy in our
movement” (quoted in Gore 1993:119). Thus, according to Omvedt, “the
communist movement in India originated as Brahmin dominated (in caste
terms), and it remained Brahman dominated; therefore, the process of
social transformation could not take place. As a result, when Ambedkar
reacted to Marxism, he reacted to it only as closed system which was at
crucial point not simply indifferent but in opposition to struggle of the
Dalits” (Omvedt 1994:184-85). Thus, the ideological trends and their
exponents as well as other forces were engage in evolving the alternate
models of society during the period mentioned above. These models were
not different in any way from the contemporary model of the society in
India. In fact, they helped maintain the same social order. This made
Ambedkar to envision a society or new social order, which we shall
discuss in following section.
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2006:48).
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The developmental discourse of the Dalits and the Tribes within the ambit
of the “Caste” framework as the Scheduled Caste and the Scheduled
Tribes needs an epistemic foregrounding in the framework of
‘untouchability’ and ‘Adivasi’. The reason being that caste as a category,
though is the most visible and identifiable category does not in itself
explain the condition of the untouchable or the Adivasi, and hence can be
reproduced without the circumstantial and the lived experiences of both
the communities.
The framing of the indices focusing upon the Dalits and the Adivasis,
therefore, cannot afford just to be at the developmental level but their
focus must be to ameliorate those conditions which give rise to
untouchability. The indicators thus, must move out of the conventional
developmental framework to cater to these needs of these special
communities.
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institutions and several other areas are the promotional measures (Ibid).
In fact, the PCR Act prohibits and provides penalties for enforcement of
any religious disability in any religious place like a temple; social disability
in public place like shop/restaurants, hospitals, etc.; refusal to sell goods
or render services because of considerations of untouchability, and
demand of compulsory labour relating to untouchability; like scavenging,
sweeping, removal of carcasses, flaying animals, etc. It contains
provisions for all offenses to be cognizable, for minimum punishment and
summary trials. SC/ST Prevention of Atrocities Act 1989 is more stringent
than the PCR Act. It specifies the atrocities which are liable for penalties
under the Act. These include, forcing the eating of noxious substances,
dumping waste matter on land, denudation, wrongful occupation of land,
dispossession, bonded labour, intimidation during voting, mischievous
litigation, false information, public humiliation, outrage of modesty, sexual
exploitation, fouling of water sources, obstruction of entry to a public
resort, eviction from habitation, mischief with explosives, destruction of
building, and suppression of evidences. These offences carry heavier
penalties than similar offences under IPC (Mander 2002:158).
The SC/STs constitute about 81per cent of the bonded labourers in the
country. The government has programmes for their release/liberation and
rehabilitation. There are special programmes for the education, health and
housing needs of some occupational groups, such as sweepers, mining
workers and bidi workers.
Economic Development
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Most of these poorly-paid dead-end jobs are mainly the ‘filthy’, ‘unclean’
and ‘impure’ occupations imposed on Dalits in traditional caste hierarchy.
This notion is closely associated with deeply entrenched belief in the
minds of caste-Hindus about the ritual ‘purity’ and ‘pollution’. The
inferences for all this are drawn from Hindu religious scriptures and
shastras. The tasks assign to the members of Untouchable community are
considered polluting, and they generally include removal of dead bodies,
dead animals, skinning of dead animals (a source of livelihood for
untouchables), and last but not least is the removal and disposal of human
excreta. The Dalits are traditionally compelled to carry out these
humiliating tasks as these occupations are imposed on them as social
obligation. Moreover, the occupations are made out to be the only source
of their livelihood as the principle of hereditary occupation blocked Dalits’
entry into other dignified occupations. Thus there is institutionalization of
caste-based occupations that the Dalits are forced to perform along with
the stigma/pollution associated with their occupations, together
culminating in assigning them the lowest status in ritual and socio-
economic hierarchy.
The dominant role that caste and particularly the caste system with it
manifestation ‘utouchability’ play in India’s economy is proved by Barbara
Harris-White in her “India Working”. According to her, “Caste still shapes
ideologies of work and status… In particular, to be in ‘Scheduled Castes’
(SC) (the lowest castes, mainly untouchables and 29 per cent of the
population) makes a person twice as likely to be a casual labourer, in
agriculture and poor.” She further observed that, “In towns, all the work
connected with sanitation and public health infrastructure, without which
the economy cannot function, is entrusted to ‘Scheduled Castes’. Even
when employed with by the State, these workers face routine harassment
and contemptuous treatment.”(Harriss-White, 2004: 31) But in spite of
being capable and competent enough, the Dalits (SCs) do not get entry
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Atrocities and violence against the Dalits are often used by upper castes
as mechanism to keep them in their place (assign within caste hierarchy),
and to reinforce their caste superiority, social-ritual purity, domination and
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privileges. Such atrocities take place in multiple contexts but two are most
important, one in Dalits’ defiance to remain oppressed/ subjugated or
dominated and two, in Dalits’ assertion for their basic human rights
enshrined in the Constitution of India and other legislations, programme
for their protections and upliftment.
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Thus, it is the traditional social order that continues to govern the thought
process and day to day behaviour of the large majority of the Hindus
particularly in rural areas. The provisions and laws in the constitution are
secular and promote equality, liberty and fraternity. However, the
customary rules of caste system and the institution of untouchability are
based on the principles of inequalities encompassing socio-economic,
religio-cultural and civic/public spheres. This obliviously creates tension
and conflict between what is contained in the constitutions and what is
contained in traditional customary rules, norms and values of the caste
system and institution of untouchability (Thorat 2002:578). This is not all;
even the social, economic, administrative, and judicial arrangements are
heavily weighted against the Dalits with regards to the response of the law
and order machinery to atrocities against these social groups. This is
evident from both the National Commission for SC/STs and the National
Police Commission’s documents revealing recurring pathologies, which
include such as delays in reporting, refusing to register complaints,
delayed arrival on scene, half-hearted investigation, failure to cite relevant
provisions of the law, brutality in dealing with accused persons of the
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What remain important particularly from the public policy perspective are
the two crucial aspects of inequalities which deserve attention, namely
‘inequality of opportunity’ and ‘inequality of outcome’. Centuries of caste-
based social organization have left a legacy of inequality in access to land,
education, business, ownership and occupation. These processes lead to
unequal access to productive resources and thereby lead to material
disadvantages. However, these caste-based inequalities do not simply
remain limited to inequality of opportunity. it has been often been evident
and argued that even highly qualified members of lower caste face social
and economic discrimination resulting in inequality of outcomes (Thorat
and Newman 2009, Desai and Dubey 2011)
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These are:
and take part in the life of the community and, thus, it can directly
impoverish them (Thorat 2009). Similarly, in case of Dalits, it is caste
idenity and untouchability that constantly structure thier social
environment. A recent study (Shah 2006) covering 565 villages in 11
states, reveals that untouchability continues to be widely prevalent
and is practiced in one form or other in almost 80 per cent of the
villages. It indicates that although more blatant and extreme forms of
untouchability appear to have declined, discrimination continues and
is most prevalent in the religious and personal spheres. The notion of
untouchability also continues to pervade the public sphere, including
a host of state institutions and the interactions that occur within
them. Assertion by Dalits and Adivasis for their right to live with
dignity and self-respect, unresolved land disputes relating to the
allotment and distribution of government land, conflict over legal
minimum wages and assertion by SC/STs to exercise thier
constitutional rights are some of the major reasons for atrocities and
voilance against Dalits and Adivasis.
The above mentioned three areas should form the key indicators for the
development indices of SC/STs in Maharashtra.
References
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