Thursday, August 11, 2016

Policy Paralysis



The ingenuity of the world lies where it starts to discriminate. The feet and hands of the person at ‘prey’ are determined to be either bend down or folded before, for mercy and rights; rights which are their fundamentals and provided to them by their so very national government, whose leaders once accepted these people as partners of democracy.

These people are the Scheduled Caste/Scheduled Tribe, who have been from ages of India at scrutiny of Varna system of Vedas.
                                         
Another name given to SC and ST is Dalit and Adivasi respectively. They constitute 16.2%1 of the Indian population. The atrocities of Dalit and Adivasi were somehow relaxed in the year 1947 when India saw the era of its independence. The Poona pact2 and the efforts of Dr. Baba Saheb Bhim Rao Ambedkar, who was the great out of all people striving hard to get these people their rights and a position to withstand in the society. After the independence of India, the government came up with constitution and B.R. Ambedkar as the chairman of its Drafting committee, made several provisions for SC/ST. A critical analysis is tried to attempt of such government of India policies for SC/ST in this essay.

History of caste based discrimination

If the pages of history are revised we will get to know how well the Varna system has exploited the nature of caste in India. The Varna system had divided the society into 4 castes: The Brahmin, The Kshatriya, The Vaishaya and The Shudras.

Each caste was assigned a duty and no caste member was allowed to breach his or her duties. Shudras were the one who were to serve all the above three castes. This led the shudras to never grow and emerge out; their lives were no more than a slave even being free.

1  2011 Population census records

2 It was Pact made between Mahatma Gandhi and B.R. Ambedkar which later led to dissolution of the idea of separate electorate for Dalit and agreed upon for affirmative action.

Various Constitutional Provisions

Constitutional Provisions start narrating themselves from the idea of fundamental rights like, Article 14 (Equality before law), Article 15 (Prohibition of discrimination) and Article 21 (Prohibition of discrimination and protection of personal liberty).

Article 23 and Article 24 dealing with economic safeguards of SCs and even Article 46 (promotion of educational interests of SCs)

Employment opportunities and other safeguards made for them under Article 16.

The safeguard in extending a hand in protecting them from untouchability and caste based discrimination. Article 17 deals with this provision.




The focus here is to understand the idea of how government of India and constitutional provisions exclaim for equality, non discrimination and liberty and how is nature of untouchability a still constant practice in contemporary times.

Policy framework

Constitutional provisions which provide for equality and liberty have led to the path leading to policies such as ‘reservation’ for them. This policy is for bringing them at par with the society and providing them an area to grow and expand.

To protect them from future atrocities and suffering and met out the past sufferings the ‘Protection of Civil rights act (PCRA)’ and even ‘SC/ST Prevention of Atrocities Act was promulgated (SC/ST POA)’.

But the whole point of discussion of a policy lies where and how is it being implemented. How well is it being produced in the forefront of the needy for which it has been designed. The experiences and evidences show different perspective.

There has been a study by the National Crime Records Bureau3 which show that,

A crime is committed by a non dalit against a dalit every 16 minute. Everyday more than 4 untouchable women are raped by touchable. Every week 13 dalits are murdered and 6 are kidnapped.

This is merely not data; this is real scenario of policy failure. Who is to blame is a separate question, but foremost stands to realize that we live in a democracy where people kill each other or rape women because the ‘prey’ is not of his own clan or caste. This cannot be a minor crime mind setup. This is a dialogue and role of play of politics with power and without values.

Discussing about the untouchability comes to my mind the scenario ‘manual scavengers’. These are the people who still in the present day millennium pick up the daily excretion shit of so called upper caste with their own hands. This practice is popular in Indian villages.

In the historical times they were supposed to tie a broom with their waist and walk across the streets so that they are cleaning the footprints and sand off the road on which they walked while walking.

The treatment they are given is not describable, as it neither can be compared to how to we treat an animal or person, nor society treats any other living being alike them. The sufferings are countless. The government has prepared policies for them, various NGOs are working for their rehabilitation, one being ENACTUS (part of University of Delhi campus, a student led NGO). Government has banned Manual scavenging long back but the real implication of policy or practical implication of policy was never gone through or checked.

Does this means that, in a democracy which is the world’s largest democracy has policy flaws. A policy can be framed but implied in real or documentation is never a matter of cause. The policy makers may be smart and ready to serve the public selflessly but, is it that their smartness is limited or we as a society is not ready to accept that there exists a group of people near us, who work with us or for us or



3 Annihilation of Caste, The Annotated critical edition B.R. Ambedkar; an introduction by Arundhati Roy; page 21

amongst us are of different last names ? How well is the government ready to deal with failure of policy at social and rural levels?

Measures to Improve

Every policy is framed with a motive of welfare or intention of nation’s development. If out sudden or slowly the policy makers realize that their made policies are not making any impact on the society or targeted audience then this is loss of society as a whole for whose welfare the policy was aimed as the welfare isn’t being delivered.

For the impact on welfare of SC/ST, policies should focus on their “planned emergency urbanization”, because the entire discrimination is more popular in rural area. And when the word urbanization is used, it is strictly to mean that population of SC/ST should be transformed into more modern ways of development. There can be following measures which can be kept in mind while framing policies related to the specific SC/ST:

The areas which are predominantly dominated by the SCs or STs should be kept in mind and policy should be targeted at those specific areas more and concentrated efforts by the executive of the country should focus on implementation of policy fully and in a planned manner.

Concerning the reservation or affirmative action policies, the policy makers should realize the need of a more critical analysis of the policy and its outcomes. The policy is for welfare without any doubt, but, the implications related to it should be more in a way futuristic for them like, students opt for colleges but do not attend colleges because of part time work they are doing or girls busy in household chores as their parents go for work; policies can consider these factors and carve out a way like providing stipend for Below Poverty Line students, books etc.

In case of rural lifestyle, unemployment is the biggest issue for SC/ST. They depend upon agriculture and facilities are denied to them in the form of discrimination, like irrigation facility is denied. This type of factor if removed and livelihood provided, equality will and can be easily sustained.

Conclusion


All what requires is a concrete study of the raw issues and not just the umbrella issues. The policy implication and policy formulation are two varied branches of a single tree. Both cannot be independent. Both depend upon each other for survival, therefore it should be made mandatory to consider the inclusive factors of issues and both implied and framed policy factors.