The term ‘Dalit’ is unconstitutional as per Article 341. But the usage can still be seen across the country. Legal/political intervention is a must!
To a point in 2008 in Chhattisgarh, when finally the state government ordered the district collectors and its departments to immediately stop the usage of the Dalit term in their documents. This was done after an elongated series of requests made by the National Commission for Backward Classes. The reference point for this request is irrefutable and even shocking. The Commission proved that the usage of the term Dalit was unconstitutional. The Constitution defines this specific class (of Dalits, if we may) under the well documented Scheduled Caste (SC) category; this is as per Article 341 of the Constitution. Only the President of India, as per Constitution, can include any new term to address the SC category. In short, the term Dalit does not exist in the Constitution; and for specific reasons we have mentioned.
Post Chhattisgarh government’s move, the Dakshina Kannada district police officials in Mangalore also decided to avoid the usage of such a clearly pejorative term. Mangalore, which had been particularly infamous for its discrimination, showed this rare understanding that went against the convention.
Now, a similar course is being experienced by the term ‘Harijan’. As recently as in August 2010, the Parliamentary Committee asked the government to stop the use of the Harijan term – which has been alternatively used for Dalits; and in fact was introduced by Mahatma Gandhi himself. The committee argued that the term is deprecating the status of the underprivileged sections of society. As per the committee, the ministry had previously issued a circular in 1982 asking the state governments and Union Territory administrations to issue instructions to the concerned authorities not to use the word Harijan in scheduled caste certificates.
However, given current blatant usage of both the terms – Dalit and Harijan – across India, these examples are aberrations at best. American constitutional laws, re-modelled during the reconstruction period after the Civil War, had provisions to protect freed black American slaves. The US government has also previously banned the Negro term, and made the usage of the term a punishable offence (of course, till the time Obama identified himself comfortably as being a Negro).
Recently, the United Nations Human Rights Council’s (UNHRC) declared discrimination based on the caste system as a human-rights abuse. But surprisingly, the Indian government is trying to get the word ‘caste’ removed from this UN draft. To the contrary, the UNHRC is now even considering ratifying a draft recognizing the persecution of Dalits worldwide.
In this scenario where political will is found wanting, the legal will needs to be strengthened. The Supreme Court should declare the usage of the term Dalit a nationwide offence. Closing this dark chapter of history is critically important; and it has already been delayed by a long and painful 63 years since Independence.
Post Chhattisgarh government’s move, the Dakshina Kannada district police officials in Mangalore also decided to avoid the usage of such a clearly pejorative term. Mangalore, which had been particularly infamous for its discrimination, showed this rare understanding that went against the convention.
Now, a similar course is being experienced by the term ‘Harijan’. As recently as in August 2010, the Parliamentary Committee asked the government to stop the use of the Harijan term – which has been alternatively used for Dalits; and in fact was introduced by Mahatma Gandhi himself. The committee argued that the term is deprecating the status of the underprivileged sections of society. As per the committee, the ministry had previously issued a circular in 1982 asking the state governments and Union Territory administrations to issue instructions to the concerned authorities not to use the word Harijan in scheduled caste certificates.
However, given current blatant usage of both the terms – Dalit and Harijan – across India, these examples are aberrations at best. American constitutional laws, re-modelled during the reconstruction period after the Civil War, had provisions to protect freed black American slaves. The US government has also previously banned the Negro term, and made the usage of the term a punishable offence (of course, till the time Obama identified himself comfortably as being a Negro).
Recently, the United Nations Human Rights Council’s (UNHRC) declared discrimination based on the caste system as a human-rights abuse. But surprisingly, the Indian government is trying to get the word ‘caste’ removed from this UN draft. To the contrary, the UNHRC is now even considering ratifying a draft recognizing the persecution of Dalits worldwide.
In this scenario where political will is found wanting, the legal will needs to be strengthened. The Supreme Court should declare the usage of the term Dalit a nationwide offence. Closing this dark chapter of history is critically important; and it has already been delayed by a long and painful 63 years since Independence.
Source : IIPM Editorial, 2012.
An Initiative of IIPM, Malay Chaudhuri
and Arindam Chaudhuri (Renowned Management Guru and Economist).
For More IIPM Info, Visit below mentioned IIPM articles.
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An Initiative of IIPM, Malay Chaudhuri
and Arindam Chaudhuri (Renowned Management Guru and Economist).
For More IIPM Info, Visit below mentioned IIPM articles.
Zee Business Best B-School Survey 2012
Prof. Arindam Chaudhuri's Session at IMA Indore
IIPM IN FINANCIAL TIMES, UK. FEATURE OF THE WEEK
IIPM strong hold on Placement : 10000 Students Placed in last 5 year
IIPM's Management Consulting Arm-Planman Consulting
Professor Arindam Chaudhuri - A Man For The Society....
IIPM: Indian Institute of Planning and Management
IIPM makes business education truly global
Management Guru Arindam Chaudhuri
Rajita Chaudhuri-The New Age Woman
IIPM B-School Facebook Page
IIPM Global Exposure
IIPM Best B School India
IIPM B-School Detail
IIPM Links
