11 am
Mr.
Stephen Crabb (Preseli Pembrokeshire) (Con):
I am grateful for the opportunity to raise the subject
of caste and human rights in India with the Minister,
who I hope will share many of my observations and
thoughts. I say from the outset that I speak first and
foremost as a friend of India, with huge affection and
respect for its people, culture and history and a
profound sense of optimism and excitement about its
future and emerging role on the global stage.
I have had the privilege to visit
this amazing country on numerous occasions, including a
10-day visit there last year with the Conservative
parliamentary friends of India during which we benefited
from wonderful hospitality from the Ministry of External
Affairs and the Confederation of Indian Industry. I have
previously spoken in the House about the importance of
our relationship and trade with India and the need for
the UK to do far more to capture a greater share of
India’s enormous increase in foreign trade.
I speak in a spirit of friendship
and respect, but true friendship does not mean shying
away from difficult issues, and caste-based
discrimination is one such issue. What moved me to seek
the debate was a trip to India in February with David
Griffiths of the human rights group Christian Solidarity
Worldwide. The purpose of the visit was to consider the
issue of untouchability and to see what challenges and
barriers Dalit communities face. Dalits are the
so-called “untouchables”—the 170 million people who fall
outside the four main Hindu caste groups.
I went in February with a critical
mind, keen to separate the challenges common to many
developing countries in south Asia from specific
examples of discrimination or human rights violations
resulting directly from caste-based identity. During my
short trip I was presented with an enormous array of
evidence of persistent, systemic human rights abuse on
the basis of caste, which results in the life chances of
Dalits being severely curtailed. It is a practice that
goes back perhaps 3,000 years and continues in many
forms in the world’s largest democracy, whose
constitution and body of law does not just outlaw
discrimination on the basis of caste but contains
specific legislation to protect scheduled castes and
tribes.
Where does one start? I should like
to start in Khairlanji, a village in the state of
Maharashtra. On 29 September last year the wife,
daughter and two sons of Bhaiyalal Bhotmange, from that
village, were dragged from their home and lynched in
full view of neighbours and other villagers. After they
were bludgeoned to death by a mob, their mutilated
bodies were dumped in a nearby canal. There was strong
evidence to suggest that the female family members had
been gang raped and suffered extreme sexual violence
before being murdered. That was never proved because of
the inadequacy of the police response.
At the heart
of that horrific case was a village property dispute
fuelled by a toxic mix of caste-based jealousy and
prejudice. The Bhotmange family was one of just three
Dalit families in a village dominated by a higher caste.
The attack on the family cannot be explained away as a
typical village feud, and the negligent police response
cannot be explained away as mere bungling.
8 May 2007 : Column 26WH
Caste goes to the very heart of that horrific and
troubling case. The police took several hours to respond
to the initial call by the father of the family, who
reported his family as missing and reported a suspected
murder. Their initial investigation was wholly
inadequate. They arrived three hours later, at 10
o’clock at night, dismissed the claim and demanded a fee
of 500 rupees for coming to the village. Despite the
report of missing persons, no search was undertaken,
resulting in the loss of what might have been crucial
evidence including that ofgang rape.
The following day, officers at the
local police stations refused to register a case, and
the incident received full recognition only when the
body of the teenage daughter was recovered from the
canal. Despite seeing evidence of an attack in the home,
police dismissed the allegations as rumour. On the
following day, when Mr. Bhotmange attempted to file a
first information report at the local police station,
the inspector initially refused to do so.
The Khairlanji killings and the
woeful response by the local police and judiciary led to
violent protests by Dalit activists, and in the past
eight months the case has received significant
international attention from the media and human rights
groups. It has thrown a spotlight on an issue that many
Indians feel uncomfortable talking about. On my visit to
India in February, with the permission of the local
police, I was taken to Khairlanji by a group of Buddhist
activists who had helped to disseminate information
about the massacre in the days afterwards. I later met
Mr. Bhotmange, who is now living under police protection
and fears that justice will never be served on those who
murdered his family. Recent reports that I have read in
the press about the progress of the trial do not fill
international observers with confidence that all those
complicit in the massacre at the end of last September
will be punished appropriately. The case has become
massively important.
Jeremy
Corbyn (Islington, North) (Lab):
Will the hon. Gentleman acknowledge that one of the
great problems is that although caste discrimination is
wrong under Indian law and there is theoretically
complete protection for people, in reality there is no
access to justice through either the police or the
judicial system because few people are prepared to
represent victims of caste discrimination? The
authorities do not get the whole message all the way
through, so it remains unsaid and unreported. It is a
vile system.
Mr.
Crabb: I thank the hon.
Gentleman for that intervention and echo his sentiments.
The problem is the huge gulf between the text of the
legal documents that provide theoretical protection for
Dalits and the implementation on the ground, which is
wholly inadequate, particularly in rural areas.
I encourage the Minister to raise
the Khairlanji case with the Indian Government and
inquire about the progress of the trial. Of course I
understand the sensitivities of inquiring into judicial
proceedings in another country, but will he affirm that
it is a case of international concern that he will raise
at his next meeting with the Indian high commissioner?
Khairlanji was not unique in its
core elements. In another landmark case, in February
last year, a Dalit man named Bant Singh was brutally
attacked after
8 May 2007 : Column 27WH
seeking justice for his daughter, who had been raped by
higher-caste men in the village. He eventually secured
the prosecution of three men, but the upper-caste men in
the village then beat him in retribution.
In yet another case of retributive
caste violence, which was reported in
The Independent
last November, a 15-year-old Dalit girl named Asha
Katiya was raped by a higher-caste man from her village.
She reported the incident to the police. Because she
would not withdraw the claim she was burned to death in
her bed. It is thought that the man whom she accused of
raping her was responsible for her murder.
Official records show that the rate of atrocities
against Dalits continues at about 26,000 a year. That
figure is enormous but is unlikely to represent anything
like the true extent of caste-based violence against
Dalits. A seminal study last year, “Untouchability in
Rural India”, found that in 28 per cent. of villages
surveyed Dalits faced discrimination in entry into
police stations and that in 32 per cent. they
encountered discrimination in how they were treated in
police stations. The testimony shared with me on my
recent visit to India corroborates those statistics.
Bhaiyalal Bhotmange told me that the tragic massacre in
Khairlanji was initially dismissed out of hand by the
local police. Other people stressed that Dalits face
considerable social pressures from higher caste members
in their communities not to register cases against them.
It is tragically true that women often suffer the brunt
of caste violence, as happened in Khairlanji and to Bant
Singh’s daughter and many others. Given the stigma
associated with sexual abuse, it is highly likely that
many cases go unreported. Sometimes the attempt to seek
justice leads to further violence. Khairlanji is just
one example of the systemic caste-based human rights
abuse that still exists in India despite a
constitutional and legal framework in which the
manifestations of the caste system are abolished.
Mr.
Geoffrey Clifton-Brown (Cotswold) (Con):
I am grateful to my hon. Friend for giving way. He is
making a moving and telling speech, to which I am
listening attentively. On his trip to India, did he come
across any problems with anti-conversion laws? Given
that the Dalits, the lower-caste people, are born into
the system, they face discrimination from the moment
they are born. One way they can get out of the system is
to convert to a different religion, but in many states
they are hampered in doing so. Did my hon. Friend manage
to conduct any investigations into that aspect?
Mr.
Crabb: I thank my hon.
Friend for his intervention. Yes, I did come across that
issue. I understand that seven states in India at
present have anti-conversion legislation either on the
statute book or in the process of being passed. My hon.
Friend is right to say that many Dalits seek to escape
from their caste-based identity through conversion,
often to Islam, Buddhism or Christianity, yet in
numerous states they come up against the barrier of
anti-conversion laws. I shall return to that point later
in the discussion.
Our concerns involve not only
caste-based violence. Dalits are also subject to the
worst forms of labour exploitation as a result of their
caste, and are particularly vulnerable to trafficking,
sexual exploitation and bonded
8 May 2007 : Column 28WH
labour. In the UK, considerable attention has been
devoted to those issues in recent weeks, following the
bicentenary of the abolition of the transatlantic slave
trade. Bonded labour—debt bondage—is a massive problem
in India. Although it was outlawed under the
constitution and the Bonded Labour System (Abolition)
Act, 1976, it is still widespread, with estimates of the
number of people who are affected by it ranging from 10
million to 40 million.
One striking feature of the Indian caste system is the
extent to which it overlaps with the practice of bonded
labour, by which people are forced to work as security
for a loan that they cannot repay in any other way.
Bonded labourers are extremely vulnerable to
exploitation. Entire families may be bonded, and debts
may be passed down through the generations. The vast
majority of the victims of bonded labour are landless
Dalits whose susceptibility is heightened by poverty,
exclusion from education and caste attitudes.
During my most recent trip to India, I visited a
settlement near Hyderabad that is colloquially referred
to as “pipe village”. It is populated entirely by the
work force of an adjacent factory that produces concrete
pipes, and around half of the families are, in effect,
enslaved to the bosses of the factory through debt
bondage. Each family of workers inhabits one of the
discarded concrete pipes, most of which stand at
approximately waist height. The village is isolated,
there are few facilities for its inhabitants, and no
education is available for the children. Water is
provided, but the villagers told me that their
electricity supply, which is mediated by the factory,
was cut off last year on the grounds that it was
intended only for lighting but was being misused by
workers who wanted to use kettles and televisions.
The typical working conditions that the labourers face
are extremely severe. Some of them described to me their
experience of working alternate 12-hour day and night
shifts for a daily wage of some 70 rupees, or
approximately 80p. Obviously, they considered their
working conditions to be extremely poor, and they
described the poor safety precautions in the factory.
Human trafficking, which is often described as a modern
equivalent of the slave trade, is another problem that
we see in a new light when we look at it in the context
of caste. I heard testimony from an activist in Nagpur
who works among trafficked women in the state of
Maharashtra. The situation was simply described as,
fundamentally, “a Dalit problem.” In February last year,
the Bihar-based non-governmental organisation Bhoomika
Vihar found in a local survey that 98 per cent. of
trafficked women belonged to Dalit communities, low
castes or religious minorities, many of whom are
themselves of Dalit background.
A closely associated form of exploitation of Dalit women
and minors is the devadasi system of temple
prostitution. Although traditionally considered a noble
vocation, the experience of its victims is that it is a
highly exploitative and degrading practice. Commonly,
devadasis are minor girls who have been dedicated to a
temple god. They serve as concubines to the priests and
as prostitutes for temple users. They are often sold
into prostitution after serving an open-ended tenure in
the temple, and their children may suffer a similar
fate.
India has several laws to prevent
sexual exploitation, including the Immoral Traffic
(Prevention) Act, 1956,
8 May 2007 : Column 29WH
which specifically prohibits the procurement of any
person for the purpose of prostitution. However, the
implementation of such laws was described by the
activists whom I met as being very weak indeed.
Millions of Dalits fall prey to those most severe forms
of labour exploitation, yet a greater number still are
blighted by the continued association of caste with
occupation. The jobs that are specifically reserved for
Dalits, who are, literally, the outcasts of society, are
the most menial, dangerous and, frankly, disgusting
jobs. There is no escape from their occupation, which is
dictated by birth. According to the most recent official
figures, nearly 700,000 Dalits in India have the
occupation known euphemistically as “manual
scavenging”—the cleaning and removal of human excrement
with the hands. Again, women are the worst affected.
The problems are worse in rural areas than in urban
centres, where the new India is being forged.
Segregation is a reality of life for many Dalits in
rural areas. The report that I referred to earlier,
“Untouchability in Rural India”, states that in 73 per
cent. of villages surveyed, Dalits cannot enter
non-Dalit homes; in64 per cent. of villages, they cannot
not enter places of worship; and in 48 per cent. of
villages—nearly half of all villages in rural areas—they
cannot use the same water source as non-Dalits, on
account of their supposed polluting influence.
Perhaps one of the most alarming statistics is the one
revealing that segregation is not absent among today’s
young generation: in 39 per cent. of schools, Dalit and
non-Dalit children did not eat together. During my trip
to India in February, I visited the village of Garipalli
in Andhra Pradesh, where I saw non-Dalit children refuse
to eat the food prepared by Dalit cooks. That is a sad
reflection of the pervasiveness of caste attitudes even
among the generation of tomorrow.
The United Nations Committee on the Elimination of
Racial Discrimination recently expressed concern that,
despite the formal abolition of untouchability by
article 17 of the Indian constitution, de facto
segregation of Dalits persists, particularly in rural
areas, in respect of places of worship, housing,
hospitals, education, markets and other public places,
and water sources. The committee urged the Indian
Government to intensify their efforts to enforce the
Protection of Civil Rights Act, 1955, especially in
rural areas, by effectively punishing acts of
untouchability, by taking effective measures against
residential segregation and segregation in public
schools, and by ensuring equal access for Dalits to
places of worship, hospitals, water sources and any
other places or services intended for use by the general
public. It is worth noting that an estimated 700 million
people in India live in rural areas. The majority of the
Indian population live in rural communities.
Against that backdrop of continuing
caste-based discrimination, it is no wonder that Dalits
are one of the groups that endure the worst
socio-economic conditions in India. The estimated
proportion of Dalits below the poverty line is 35 per
cent. in rural areas, compared with 21 per cent. among
other groups, and 39 per cent. in urban areas, compared
with 21 per cent. among other groups. Those figures are
based on the most recent large-scale national sample
survey, which was carried out by the Government of India
in
8 May 2007 : Column 30WH
2000. The overall proportion of the population living in
poverty was assessed as 35 per cent.—360 million people
in total—according to the international definition of
poverty, which is based on income of$1 or less a day.
Child mortality for those under five years old among
Dalits is 83 per 1,000 live births, compared with 22 for
the general population. In fact, on virtually any
statistical measure of well-being that one may choose,
the figures for Dalits are much worse than the national
average.
I appreciate that the Minister is not responsible for
international development, but perhaps he could shed
some light on whether any of our aid to India is
targeted specifically at Dalits, with the aim of closing
the gaps between life outcomes for Dalits and those of
the wider community.
Dalits experience violence committed with impunity,
severe labour exploitation and modern forms of slavery,
and discrimination in almost every sphere, yet escape
from the shackles of the caste system is beyond the
realm of imagination for millions of them. Freedom from
the identity conferred on Dalits and low castes by the
caste system is crucially important, and they have long
seen the embracing of new faiths as a route for escaping
from their identity. Of course, to say that is not to
identify the caste system wholly and exclusively with
the Hindu religion. It is practised by every religious
group in India, including Muslims and Christians.
I recently met a well-respected Dalit activist, Dr.
Kancha Ilaiah, who stressed to me that religious freedom
is a vital right in the struggle for self-awareness and
identity among the Dalit people, but that that right can
be severely curtailed through legislation and social
pressures. Dalits who embrace Islam or Christianity lose
their eligibility for the benefits of the reservation
policy that reserves certain jobs in the public sector
for Dalits. State level anti-conversion laws are an
increasingly prominent way of obstructing freedom of
religion and are in force in seven states; further laws
are expected soon. I would welcome hearing the
Minister’s thoughts on the use of anti-conversion
legislation in India. What discussions have he or his
colleagues had with the Indian Government about such
laws and does he think that they are compatible with the
ideals and aspirations of the new India?
India is
a beautiful and wonderfully diverse nation. It is also a
truly remarkable liberal democracy. Human rights issues
in India relate to a fundamentally different set of
problems than those associated with the authoritarian
regimes of Burma and North Korea. There is freedom to
debate the issue of caste in India and an increasingly
critical media respond to the new aspirations and values
of young Indians. Earlier this year, a BBC World Service
poll found that 55 per cent. of Indians think that the
issues relating to caste are holding their country back.
Last December, Prime Minister Manmohan Singh became the
first sitting Indian Prime Minister to openly
acknowledge the parallel between the practice of “untouchability”
in India and apartheid in South Africa. He described “untouchability”
as a “blot on humanity” and added that
“even after 60 years of constitutional and legal
protection and state support, there is still social
discrimination against Dalits in many parts of our
country.”
8 May
2007 : Column 31WH
Opponents of that view in India maintain that, unlike
apartheid in South Africa, the constitution in India
does not endorse or tolerate any form of discrimination.
Other Indians prefer to think that the situation facing
Dalits is comparable to that faced by blacks 40 years
ago in the southern states of the United States when,
even though Supreme Court rulings had outlawed
segregation, the reality of daily life for many was de
facto segregation, barriers to advancement and
continuing poverty.
When discussing possible remedies to the effects of
caste-based discrimination in India we need to tread
carefully and respect the fact that these are
fundamentally questions for Indians themselves to
resolve. However, I will put a number of questions to
the Minister about what the British Government can do to
assist the Indian Government and people in addressing
this difficult issue. What assistance are we giving to
organisations in India that represent and provide a
voice for Dalits? Are we providing any specific
assistance to organisations that are trying to raise the
issue in India itself? What advice and assistance can we
offer to help the machinery ofIndian Government—the
judicial system and thearray of public services—to stamp
out caste-based discrimination and to work more
effectively for Dalits and those of lower castes? What
encouragement and assistance can we provide to UK
investors in India explicitly to recognise the plight of
Dalits? How can UK companies build into their investment
plans and corporate social responsibility plans a
commitment to seeing their investments deliver real
gains for Dalit communities?
At the end of March this year, the Conservative party’s
human rights commission hosted a hearing at Parliament
with Dalit representatives from India to take evidence
on this subject. One of the strongest calls from that
group of people was for greater English-medium education
for Dalit children. In the new India, the ability to
speak and write English is more important than ever, so
what assistance can the Government provide to enable the
expansion of English-medium education to Dalit children?
The nature of our relationship with India was described
in a Foreign Office briefing paper as “strong, wide and
deep”. Shared interests with India across many different
fronts bind our two countries together: economically,
commercially, strategically and environmentally—in the
way that we try to tackle climate change—and through our
shared language and history. Most fundamentally, we are
connected to India through our shared humanity and
commitment to freedom.
Will the Minister and his team make
a commitment today that they will not allow a single
opportunity pass them by to encourage our friends in the
Indian Government to renew their efforts to end all
forms of caste-based discrimination? I also ask the
Minister not to let our common European position on
India prevent us from raising the issue vigorously and
on a bilateral basis. We should not let sensitivity
about our colonial past prevent us from robustly raising
the issue and we should not be fearful of undermining
commercial and economic interests. As a good, critical
friend of the
8 May 2007 : Column 32WH
Indian Government, we should offer whatever assistance
we can to help stamp out caste-based discrimination.
I am hugely optimistic about India’s future, but we know
that the societies that are likely to do best in the
21st century are those in which the conditions of
freedom and social mobility are maximised. Human capital
is India’s greatest asset and yet almost a quarter of
the Indian population are held back by systemic
discrimination, segregation and human rights abuse.
Caste-based discrimination constrains the life chances
of approximately 200 million people and must have no
place in the new India.
In conclusion, I ask the Minister to express his strong
commitment to working with the Government of India to
challenge, not least through education, the persistence
of a degrading and pernicious system that threatens the
social stability and economic progress of India.
11.25 am
Rob
Marris (Wolverhampton, South-West) (Lab):
It is a great pleasure to follow the wonderful speech of
the hon. Member for Preseli Pembrokeshire (Mr. Crabb). I
speak as an unpaid trustee of The Dalit Solidarity
Network UK and regard myself as a critical friend of
India. I am aware that millions and millions of Hindus
in India and around the world, including the UK, object
to casteism and consider that it entrenches
discrimination based on work and descent. The hon.
Gentleman mentioned that Dr. Manmohan Singh has recently
likened casteism to apartheid and called it a “blot on
humanity”. That is a significant step forward.
Hon. Members often discuss poverty in Africa, and
rightly so. However, there are more poor people in India
than in the whole of Africa. One of the main causes of
poverty in India—although it is not the only cause—is
casteism because it holds people back from development.
Some of my points have already been raised by the hon.
Gentleman in his excellent speech, but one aspect that
was not mentioned has a huge bearing on the UK as an
international power: it is what was said to me and other
hon. Members when a group of Dalit leaders visited the
House this spring. We were told that there is a
significant risk of civil war in India unless the Dalit
issue is addressed—and I do not say that lightly.
For the past 35 or 40 years there has been an incipient
naxalite rebellion, particularly in the north-east of
India. That rebellion is spreading because of the
frustration of Dalits at their lack of life chances and
with the daily discrimination, violence, poverty and
rape that they face. A growing number of Dalits do not
believe that those issues can be adequately addressed
within the constitutional framework of India. I dearly
hope that they are wrong. I do not believe that engaging
in violence provides a tit for tat solution for the
daily violence suffered by Dalits and I stress that that
is not the way forward. However, I understand why, 60
years after independence and after a huge number of laws
have been passed to address Dalit discrimination, a
growing number of Dalit in India feel that the laws and
the constitution are simply not working.
A civil war in India would be a
disaster for India and its residents, but it would also
be a disaster for other
8 May 2007 : Column 33WH
countries, including the United Kingdom, as we have
close family and historic ties with India—it is the
leaders of the Dalits, not me, who are giving that
warning. I emphasise that they are not in favour of a
civil war, but that they recognise the risk of it
happening. The pot is starting to boil and things must
change.
If we are honest, one of the many difficulties is that
the rule of law in India is, to put it mildly, somewhat
weak. The Dalit are excluded from enforcing their rights
and victims of anti-Dalit action often find that the
police will simply not investigate their complaint. If
they do record it, they do not investigate it.
Education is part of the reason. Police officers must be
better-educated perhaps than the average person in
India, which means that it is harder for Dalits to
become police officers. All too often—not all the
time—the prevailing culture of the police is anti-Dalit.
All the laws in the world giving people rights are
almost useless if people do not observe them and there
is no effective sanction for breaking them, which
happens in India all too often.
Coupled with that is corruption, which is still far too
widespread in India. Naturally, it is not confined to
the private sector, but leaks into the public sector,
including the police and judiciary. Dalits face another
obstacle even if they manage to get the police to record
and investigate an incident: in many parts of India,
proceedings in the higher courts are still conducted in
English. Owing to a lack of educational opportunities,
the vast proportion of the overall Indian population are
not fluent in English, but that proportion is
disproportionately large among Dalits. The courts in
their own country are conducted in a foreign language.
That is most regrettable.
The lost opportunities for India’s economic development
resulting from the blocked potential of hundreds of
millions of Dalits can be highlighted by the example of
one of my political heroes, who is well-known to my hon.
Friend the Member for Islington, North (Jeremy Corbyn)—Dr.
Ambedkar. He was born a Dalit—an untouchable—in 1893,
but through patronage he became an incredibly
well-qualified polymath in the social sciences,
economics and law.
Dr. B.R. Ambedkar chaired the committee that drew up the
Indian constitution, behind which he was the driving
force. He had help, but effectively he wrote the
constitution—certainly, he set the tone. Many of us in
the Room have visited India—I have done so on two
occasions. Across the country, one can
see—rightly—statues of Dr. Ambedkar. He rose from his
humble background to great heights. In 1956—the year of
his death—he converted to Buddhism. He was frustrated
after more than 50 years of trying to get his
countrymen—principally, but not exclusively Hindus—to
recognise and act against caste-based discrimination.
Hundreds of
millions of people in India have that potential, but
they do not receive the kind of patronage that Dr.
Ambedkar was fortunate enough to have in his youth. They
do not get to travel to America to study, or to London
to become a barrister at the Inns of Court. They do not
receive the same education. That affects UK businesses
operating in India as well, because the pool of
labour—often educated labour—from which
8 May 2007 : Column 34WH
they would like to draw is correspondingly smaller than
it should be, owing to those blocked opportunities.
I pay tribute to companies such as
Cobra Beer, headed by the noble Lord Bilimoria, which
has tried to address that problem. In particular I pay
tribute to Richard Stockdale, the chief executive
officer of Lloyds TSB plc in India, whom I met in Mumbai
and again when he came to London, partly in order to
push issues concerning Dalits. Such companies should be
encouraged by the Government to observe what are
rightly—I think—called the Ambedkar principles, which
were launched in London, last July, at a meeting of the
London School of Economics. I had the pleasure to be at
that meeting, along with Baroness Royall who was
representing the Government.
I shall not read out all of the
Ambedkar principles, but refer briefly to them, if I
may? They state that companies should have an employment
policy that reflects
“the unacceptability of
caste discrimination”,
that they should develop
“and implement a plan of
affirmative action, including training on caste
discrimination”—
we would call that “awareness”—
and that they should ensure that
they and their suppliers
“comply with all
national legislation”.
I stress the word “comply”. The
legislation exists, but too often it is honoured in the
breach.
Fourthly, companies adhering to the
Ambedkar principles should recruit fairly. Fifthly, they
should take
“full responsibility for
their workforce...including the supply chain”.
That is very important because
globalisation, including in India, brings long supply
chains with component manufacturers and so on, and too
often the large corporation at the top of the chain is
not aware of the employment practices down it.
Sixthly, a company should provide
comprehensive training opportunities, particularly for
Dalit employees, who all too often, owing to their
position in society, have been denied them. Seventhly, a
company should designate a senior manager to carry out
those policies and—this is the tenth principle—appoint a
specific board member for oversight. Eighthly, there
should be
“effective monitoring
and verification mechanisms”
Most importantly, from the United
Kingdom’s perspective, the ninth principle states that
the company should publish an annual report on its
progress so that UK businesses operate transparently in
India and other countries so that we know what progress
is being made.
That is likely to affect UK
businesses, not only now, but particularly in the medium
term, if the growing demand in India for reservation in
the private sector is met, which is possible. Currently,
there is job reservation in the public sector for Dalits.
We might call that affirmative action. It is to ensure,
as far as regional state Governments and the Union
Government in Delhi can, that the work force of public
sector organisations are reflective of the population
that it serves.
In the last 15
years, however, the proportion of the population covered
by public sector reservation has been shrinking owing to
privatisations. That has
8 May 2007 : Column 35WH
corresponded with India’s welcome economic growth,
although sadly it is confined mostly to urban areas and
has not extended to the 650,000 villages inhabited by
750 million people—one hopes that it will get through.
Of course, the private sector is growing without
reservation, but the public sector, where that
protection exists, is shrinking.
Jeremy
Corbyn (Islington, North) (Lab):
I acknowledge the value of the reservation system inthe
public sector. However, does my hon. Friend acknowledge
that one of the problems has been that although the
reservation system has led to employment for some Dalits,
anti-Dalit attitudes remain among high-level management
throughout the public and private sectors? Great
difficulties remain for Dalits in breaking into other
non-reserved jobs in the public sector. Obviously, if
the same thing applied in the private sector, we might
have the same problem.
Rob
Marris: I agree
wholeheartedly with my hon. Friend. Often there are
difficulties with anti-discrimination legislation,
although I support it entirely—we have it here. The
Government, on the basis of the democratically expressed
will of the people, can try to set the tone, but in
every workplace, household, village and so on, there
will be different manifestations as to how deeply that
goes. One has to press for a change in attitudes. The
legislation sets the tone, but my hon. Friend is right
that in too many workplaces there is a ceiling. I do not
know whether one would call it a glass ceiling in India,
but there is a ceiling, and cold-shouldering and similar
things are going on.
If it comes to pass that there is
reservation in the private sector, that will affect UK
business. I have mentioned some good examples, but to
the extent that UK business has not already done so, it
should be gearing up for that; otherwise it will come as
a tornado for those businesses and they will find it
very difficult to adjust.
With regard to the Ambedkar
principles, I have the honour to be a member of the
Select Committee on Trade and Industry. We visited India
in March 2006 as part of our preparation for a report on
trade with India. I pay tribute to my fellow Committee
members who were on that visit for the patience that
they accorded me when I persistently asked business
leaders and others whom we met about caste-based
discrimination in India. I have to say something about
the body language and sometimes the verbal response of
those of whom I was asking the questions, none of whom I
strongly suspect was a Dalit, although I do not know,
partly because I did not know their names sometimes.
Their response was too often negative—as though I was
asking them an unseemly question such as how often they
washed their underwear. People should not ask such
questions, whether they are foreigners or people within
India—that was the tone of too many responses that I
received.
In the Trade and Industry Committee
report, published in June 2006, we said in
recommendation 30:
“We
recommend that UK companies operating in India should be
careful not to break the letter or spirit of the laws
protecting Scheduled Castes and Scheduled Tribes.
Preferably,
8 May 2007 : Column 36WH
they should take note of the ‘Ambedkar Principles’,
launched by the International Dalit Solidarity Network,
and look carefully at their recruitment and employment
policies in India.”
May I say to my right hon. Friend
the Minister that I was very pleased with the Government
response to the report? That response, published last
October, referred to Baroness Royall going to the launch
of the Ambedkar principles in the UK and mentioned
certain big corporations in the UK that are supporting
the Ambedkar principles, including Lloyds TSB, which I
have mentioned, Standard Chartered, HSBC and Barclays.
The Government response also stated:
“Under the UK Presidency
the EU-India joint action plan was agreed, identifying
key areas in which the EU and India agree to work
together including human rights. The British High
Commission in New Delhi has also discussed the issue of
caste discrimination with the Indian National Commission
for Minorities and National Commission.”
I am pleased with that response. As
supplicants such as myself always do, we want more, and
I will come to that, but the UK Government are starting
to move on the issue, which affects not only hundreds of
millions of people in India of course, but people in
places such as Bangladesh, Pakistan, Sri Lanka, Japan,
parts of Africa, Yemen and so on. I am referring to
discrimination based on work and descent. However, we
are focusing today on India. I pay tribute to what the
Government have done thus far, but we need to recognise,
if you will allow me a little latitude, Mrs. Humble, the
risk of caste-based discrimination in the UK.
There are thought to be 50,000
Dalits in the UK. We do not have numbers because we do
not collect figures. However, the Dalit Solidarity
Network-UK, of which I am a trustee, published a report
last July called “No Escape—Caste Discrimination in the
UK”. I have passed that to my hon. Friend the Minister
for Women and Equality and she is looking into it,
because as well as trying to encourage India and assist
India as much as we can to move on from caste-based
discrimination, which to say the least is an affront to
humanity and is an historical anachronism, we need to
have a look at our own backyard to ensure that we do not
import caste-based discrimination into the UK.
When we are unifying legislation
through a single equality Act in the UK under the
Commission for Equality and Human Rights, based in
Manchester, we should consider having caste-based
discrimination as one of the threads of discrimination
that that unifying legislation, which will be very
welcome, should address. Were we to do that, we would
set a tone around the world, because I think that we
would be the first country outside India to be dealing
with the matter, in respect of what is very much a
minority population in our own country, and I think that
it would improve relations with India.
Many powerful
people in India support caste-based discrimination, but
growing numbers of powerful people in India oppose it,
and that is the case from the top down. The Prime
Minister, Dr. Manmohan Singh, to whom we have referred,
is, as his name suggests, a Sikh. Guru Nanak founded
Sikhism as a religion of equality, and one of the
founding tenets that he and the subsequent nine gurus
espoused, was to be against caste-based discrimination.
Sad to say, that has not worked out fully, although
there is much less caste discrimination in Sikhism. Dr.
Manmohan Singh
8 May 2007 : Column 37WH
comes from that background. As an Indian, he will of
course be aware of the issue of caste, but as a Sikh he
will have a particular angle on that, so although the
United Kingdom and Her Majesty’s Government always have
to be careful about how they seek to transmit views, and
about the views that they transmit, to a sovereign
foreign country, which India happily has been for 60
years, we should also be aware that some of the nuances
mean that to some extent we may be pushing at an open
door, and that will be in the interests of our country,
as well in the interests of hundreds of millions of
people in India.
I shall finish by posing some
questions, in time-honoured fashion, to the Minister who
will reply to the debate. First, what encouragement are
the UK Government giving UK business to ensure that UK
business, when operating in India, observes the spirit
and the letter of the laws of that country on
caste-based discrimination? Secondly, how frequently
does the UK raise with the Government of India the issue
of Dalits?
Thirdly, what steps do the UK
Government take to seek to ensure that aid in India,
whether it is what one might call routine aid or
emergency aid, is not distributed on a caste basis?
There were widespread reports after the hurricane in
Orissa, the earthquake in Gujarat and the tsunami, for
example, that aid from abroad, including from the UK,
was not distributed fairly. A major reason for that—I
can tell my right hon. Friend that there is very good
evidence of this—was not any action of the UK
Government, but inaction. Again, when it comes to
education, it is often the case that Dalits have less
education, not because they have less potential but
because they are blocked, as I have termed it. People
distributing aid tend to be higher up the social scale
and therefore more likely to give in to caste
discrimination, perceiving it to be in their own
interests and in the interests of their family and
friends to preserve the social hierarchy and ensure that
aid goes higher up the social scale rather than to
Dalits at the bottom of the social scale. What steps are
we taking to try to prevent that from happening?
Fourthly, do the UK Government
agree with the resolution passed by the European
Parliament, in January I think, on the human rights
situation of the Dalits in India? Fifthly, will the UK
Government assist with English-language education
programmes in India, as asked for by Dalit leaders, if
the Union Government of India ask for such support?
Clearly, it is a delicate issue. As a former colonial
power, we cannot swan in and say, “We’re going to teach
you all English”—that would be an unacceptable affront.
However, can my right hon. Friend assure us that the UK
Government would step in to assist with English language
training—within our means, of course—if the national
Government in Delhi asked us to do so?
I finish by
welcoming the cross-party consensus that we are starting
to build on this issue. My hon. Friend the Member for
Islington, North has been toiling on a long and lonely
furrow in seeking support in the House, although the
same is not true of support outside the House. Our
numbers are expanding, and to my knowledge there are now
three MPs—myself, my hon. Friend and the hon. Member for
Preseli Pembrokeshire—who are very much seized of the
issue. I hope that we can get other right hon. and hon.
8 May 2007 : Column 38WH
Members to take it up and encourage the Government to do
even more to address this ongoing, abhorrent atrocity in
India and other countries.
11.51 am
Jeremy
Corbyn (Islington, North) (Lab):
I commend the hon. Member for Preseli Pembrokeshire (Mr.
Crabb) for securing the debate and for what he said. By
way of a declaration of interest, I should say that,
like my hon. Friend the Member for Wolverhampton,
South-West (Rob Marris), I am a trustee of the Dalit
Solidarity Network, as well as its honorary chair. I
hasten to add that no fees are paid for either of those
positions; indeed, if anyone wants to make a donation to
the network, that would be extremely welcome and well
received.
As my hon. Friend said, a small
number of hon. Members have regularly taken up this
issue, including myself, my hon. Friend and the hon.
Member for Hazel Grove (Andrew Stunell). I take this
opportunity to invite the hon. Member for Preseli
Pembrokeshire to join the Dalit Solidarity Network and
attend our meetings in the future. What he has done
today has been of enormous help to the network’s cause,
and I thank him for that.
I have been involved in the issue
for some time, and it is hard to describe to anyone who
has never witnessed it the way in which Dalit people are
so grossly discriminated against, not only in
India—although it is the main place—but in other
countries. It is also hard to describe the sheer verve
and exuberance of Dalit campaigners in India, who are
doing their best to overcome the most appalling
discrimination and suffering.
I have had the great fortune to go
to India on a number of occasions and I was a guest
speaker at the World Social Forum in Mumbai in 2004. The
event was preceded by a Dalit rights march throughout
the country, which was designed to be equivalent to the
great marches that Gandhi organised in the 1930s. When
the marchers finally arrived at the former factory where
the World Social Forum was being held, there was a
fantastic sense of joy and exuberance among the Dalit
people, not only because they had achieved something by
having the march, but because, in the confines of the
World Social Forum centre, they could be treated like
normal, decent human beings like everybody else. That
experience is not part of the daily life of Dalit people
in India or elsewhere.
As part of the World Social Forum,
Rodney Bickerstaffe, the former general secretary of
Unison, Rev. David Haslam, who has done fantastic work
on the issue, myself and many others addressed a Dalit
rights conference. We were joined by the vice-chancellor
of the university of Mumbai, who is himself a Dalit.
Again, there was a sense not only of injustice, but of
joy at the achievements of Dalit solidarity campaigns
around the world and at the fact that people in other
places recognised exactly what was going on.
It is hard for
anyone outside to understand just how huge the issue is.
At some point, everyone in this room will have
campaigned against apartheid in South Africa. It was an
evil and pernicious system if ever there was one, and
many of us spent an awful lot of time campaigning
against it. Fortunately, it is now behind us in legal
terms and, largely, in reality.
8 May 2007 : Column 39WH
However, for at least 260 million people around the
world—mainly in India—the caste discrimination system is
alive and kicking. It discriminates from cradle to
grave, and the fact that it is so discriminatory means
that that journey from cradle to grave is unfortunately
very short for most Dalit people. Discrimination exists
in education, health, employment, daily life and, of
course, the legal system.
As my hon. Friend the Member for
Wolverhampton, South-West said, the Indian constitution
was drafted by Dr. Ambedkar, a Dalit, who later
renounced the Hindu religion and adopted Buddhism as his
faith. Article 14 provides for “equality before the law”
for all citizens. Article 15(1) refers to
non-discrimination on the basis of caste and gender.
Article 21 deals with the right to life and security of
life. Article 46 relates to the protection of Dalits
from
“social injustice and
all forms of exploitation”.
The Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 does much
the same. It is therefore clear in Indian law that caste
discrimination is completely illegal, but it happens in
every aspect of life there.
Caste discrimination is also
illegal under the terms of the universal declaration of
human rights of 1948. Article 6 states:
“Everyone has the right
to recognition everywhere as a person before the law.”
Article 7 states:
“All are equal before
the law and are entitled without any discrimination to
equal protection of the law.”
The universal declaration was
followed by the international covenant on civil and
political rights and the international covenant on
economic, social and cultural rights of 1966, the
international convention on the elimination of all forms
of racial discrimination of 1965, the international
convention on the elimination of all forms of
discrimination against women of 1979 and the declaration
on the elimination of violence against women of 1994.
However, those of us who attend the
UnitedNations Human Rights Council—formerly the UN
Commission on Human Rights—will find that assoon as one
wishes even to raise the subject of discrimination on
the basis of work or descent—in effect, discrimination
against Dalit people—one is met with the most ferocious
objections from Indian delegations. When the subject was
raised at the millennium summit in Durban, there was
enormous opposition from the Indian Government even to
discussing it. It is not anti-India or anti-the Indian
Government, but pro-human rights to demand that everyone
be treated equally before the law, wherever they are on
this planet. That, surely, is what the universal
declaration of human rights is all about and what it was
designed to achieve.
Rob
Marris: Would my hon.
Friend, like me, find it difficult to support India
becoming a permanent member of the UN Security Council
until it started fundamentally addressing this huge
human rights issue?
Jeremy
Corbyn: It is hard to see
how one could believe that a country should be on the
Security Council permanently to defend human rights
around the world if it was clearly doing nothing like
enough to address caste discrimination in its own
society. My hon. Friend makes a strong point.
As my hon. Friend and others have said, the problem
exists not only in India. If I may crave your indulgence
for one second, Mr. Conway, I should like to mention the
related issue of Dalit discrimination in Nepal. Last
year, in this very room, I hosted a representation by
Dalit women from Nepal and colleagues from India about
Dalit discrimination. For those women, who had been
abused and forced to work as prostitutes, and whose
lives had been destroyed by the very fact of their place
of birth as Dalit people, it was an incredible
achievement simply to be able to present their case in
this hall in the Palace of Westminster.
We owe it to those brave women, who have stood up
against caste discrimination, and to many others to do
our best to do two things. First, we must ensure that
the Government do all that they can to support measures
to eliminate caste discrimination. Secondly, we must get
the message across to the Government and lawmakers in
India and other places.
The Hague
declaration on the human rights and dignity of Dalit
women was made in November last year. It pointed out the
vast numbers of people involved, and made a series of
demands, including identifying the millennium
development goals with the cause of Dalit women, and
placing the focus of international development on the
elimination of caste discrimination. It made
recommendations to the international community, the
United Nations and the European Union. Recalling that
India, like many other countries, is a signatory to the
universal declaration of human rights, it called for a
reduction, as quickly as possible, in the large gap in
living standards between Dalits and other people,
particularly women and girls. It called on the
“United Nations Human Rights bodies and mechanisms, the
United Nations organisations, intergovernmental
institutions and organisations...to give full
recognition and effect to the content and the
recommendations of the Hague Conference on the Rights of
Dalit Women”
and on the
“international community to express its outrage against
the caste-induced, systematic practice of untouchability
and atrocities against Dalits in South Asia in general
and against Dalit women in particular”.
It continues by calling on the Human Rights Council to
address the issue; perhaps the Minister will be able to
help with regard to the UK Government’s doing all that
they can to ensure that that happens.
In parenthesis, one of the problems with the UN Human
Rights Council, as with several UN agencies, is that too
often we hide behind a bland Euro-formula, in which the
European Union speaks for all 25 member states, but the
reality is that there is hardly any verve in the
contribution, for fear of offending any one of the 25. I
wonder whether it might be an idea to opt out on this
occasion, and say something a little stronger, if that
is possible.
The International Labour
Organisation’s annual report on fundamental labour
rights specifies adherence to the policy of no child or
forced labour, non-discrimination
8 May 2007 : Column 41WH
in employment, and the right to association and
collective bargaining, but for Dalit people in India the
idea of being active in a trade union and ensuring that
their employment rights are complied with and wage
demands met is a difficult one. I hope that, again, our
representatives at the ILO will ensure that those
demands are met.
In 2002, the UN Committee on the elimination of all
forms of racial discrimination drew substantial
attention to the issue of caste discrimination, and
suggested that the state parties should take several
courses of action, including to
“identify those descent-based communities under their
jurisdiction who suffer from discrimination”.
That is a requirement on all member states, including
Britain, not just India. Secondly, it suggested that
they should
“consider the incorporation of an explicit prohibition
of descent-based discrimination in the national
constitution”.
It is very unclear what part of British law would apply
if it could be argued that descent-based discrimination
was happening in this country. I say that without
hostility towards the Government; however, issues of
discrimination against Dalit people do arise in this
country. As well as calling on the state parties to
“review and enact or amend legislation to outlaw all
forms of discrimination”
the committee demands a comprehensive national strategy
to carry out the actions identified.
To conclude, discrimination against Dalit people in
India is an outrage of the first order and must be dealt
with, so pressure must be put on the Indian Government.
Following the raising of this question with the
Department for International Development it has been
made clear to us that there is no discrimination on the
basis of caste or descent associated with any British
aid going to India. I am very pleased about that and ask
for as much aid as possible to be directed particularly
towards education in Dalit communities. It seems that
discrimination is strong throughout, but particularly in
education.
My hon. Friend the Member for Wolverhampton, South-West
helpfully quoted the Ambedkar principles. The Dalit
Solidarity Network has done a great deal of work in
promoting them and hosted a conference last year on
private sector involvement with them and the attempt to
encourage foreign investors in India, who are now quite
substantial, and substantially involved in employment,
to adhere to the principles. That initiative is
supported by the Amicus trade union, Lloyds TSB and
others. It will be helpful if the Government also give
full support to that approach.
We all today applaud the abolition
of the slave trade 200 years ago, and at this very
moment Kofi Annan is about to speak on that subject. It
was an incredible achievement, although unfortunately
slavery went on for several decades after that. However,
we must ask hard questions. When a Dalit child is making
carpets or bricks, or working in whatever other horrible
occupation they are forced into, denied education,
health care and childhood, is not that slavery in
another form? We should not be too self-congratulatory.
We have a long way to go to ensure that the UN
declaration of human rights of 1948 means something to
the people for whom it was intended to
8 May 2007 : Column 42WH
mean something—those at the bottom of the pile,
suffering centuries of discrimination and the horrors
that go with it. We must do all that we can.
12.6 pm
Mr.
Geoffrey Clifton-Brown (Cotswold) (Con):
I am grateful to you for presiding this morning, Mr.
Conway, and grateful to see the Minister for Europe here
this morning. I congratulate my hon. Friend the Member
for Preseli Pembrokeshire (Mr. Crabb) for his
comprehensive, mature and knowledgeable introduction to
the debate. Although it is not particularly well
attended this morning—and we particularly mourn the
absence of any Liberal Democrat representation—the
subject is an important one. The fact that it has been
raised again in this Parliament shows that the issue is
increasingly recognised on the international stage and
that the Indian Government will increasingly have to act
to deal with the dreadful problem that hon. Members have
described.
There is not much time and I want to give the Minister
plenty of time to reply so I shall make my remarks
brief. My hon. Friend the Member for Preseli
Pembrokeshire chaired the Conservative Human Rights
Commission earlier this year, as he mentioned in his
speech, and, to show what I think should be the tone of
the whole debate, I shall quote his public statement:
“We conducted the hearing very much in a spirit of
friendship with India, recognising the long-standing and
special relationship between our two countries. But we
would not be a true friend to India and its people if we
did not raise these very serious issues.”
He is right: a true friendship involves telling one’s
friend when they have got it wrong, and the Indian
Government do need to take action over those serious
problems.
India is,
nevertheless, one of the world’s largest democracies. It
is reckoned, by Freedom House, to be in the free
category. It allows public assembly and has a relatively
impartial judiciary, particularly at senior levels, and,
above all, it has a relatively free press. Without that
free press it would not be possible to report some of
the atrocities happening to Dalits, such as the
Khairlanji incident that he referred to. I think that
that free press will eventually bring about change in
the system for Dalits.
I was a little concerned about the remarks of the hon.
Member for Wolverhampton, South-West (Rob Marris).
Violence is never the way to bring about change. Change
should be brought about by peaceful means and
campaigning, and people in a democracy and those who
believe in democracy should respect that.
The plight of Dalits continues to
be a serious concern. Amnesty International has termed
India’s caste system the hidden apartheid, as many hon.
Members have mentioned this morning. The Indian caste
system has historically prevented the Dalits, or
untouchables, as they are called, from doing any but the
most menial jobs. Today’s speeches have highlighted the
very real sense of discrimination against Dalits that
still exists, particularly in rural areas. Dalits
continue to face socio-economic discrimination, abuse
and sometimes torture and indeed death, simply because
of their family descent.
8 May 2007 : Column 43WH
As I said in an intervention, those people are born into
the system and discriminated against from the very time
that they are born. That is quite unacceptable.
It is estimated that the system affects up to a fifth of
the population in India—so up to 200 million people.
Most of those affected are based in India, but not all
of them, as we have heard from the hon. Member for
Islington, North (Jeremy Corbyn), who met Dalit
representatives in Nepal—as, indeed, did I when I went
there last year.
The United States Department of State 2006 human rights
report notes that:
“Social acceptance of caste-based discrimination
remained a problem, and for many, validated human rights
violations against persons belonging to lower castes.”
The Select Committee on Foreign Affairs heard testimony
that