A/HRC/31/56
66.
Some caste-affected countries, including India and Nepal, have constitutional and
legal requirements to reserve seats for disadvantaged caste groups in legislative bodies. In
Pakistan, seats are reserved for non-Muslim minorities.
4.
Freedom of religion or belief
67.
Caste discrimination exerts a strong influence in the religious sphere. Individuals
from the lowest castes may be barred from religious sites, relegated to separate religious
buildings or separate spaces and buried in separate cemeteries.
68.
Caste-based discrimination on the grounds of religion has a particular impact on
women and girls. The existence of practices labelled as “religious dedication” of girls to
temple deities, including the Devadasi system, constitutes a de facto form of forced
prostitution and sexual slavery, mainly targeting Dalit girls. 44
69.
Minority women, many of them from low-caste backgrounds, may be subjected to
kidnapping and forced religious conversion. According to the Special Rapporteur on the
right to freedom of religion or belief, “such incidents seem to occur in a climate of
impunity”.45 Civil society organizations have reported several cases of Dalit Hindu girls
being kidnapped and forcibly converted to Islam following marriage in Pakistan. 46
B.
Economic, social and cultural rights
1.
Right to work
70.
Allocation of labour on the basis of caste is one of the core pillars of caste and
caste-like systems, with lower castes typically confined to “polluting”, “filthy” or “impure”
tasks and occupations. This labour division is characterized by its extreme rigidity and
exclusion, preventing individuals from the lowest strata from changing occupations and
largely hindering their labour mobility. Attempts to challenge the established order may
result in social punishment, including physical and psychological aggression and
community boycotts.
71.
Caste-based discrimination confines Dalits in South Asia to certain occupations
associated with their caste, which often involve the most menial tasks, such as sanitation
jobs.47 In Bangladesh, India, Nepal and Sri Lanka, street cleaning and the handling of
human waste and animal carcasses are almost exclusively performed by Dalits. 48
72.
In India, manual scavenging constitutes a caste-designated occupation that is mainly
imposed upon Dalits, particularly Dalit women, who represent 95 per cent of manual
scavengers.49 Despite the passing of the Prohibition of Employment as Manual Scavengers
and their Rehabilitation Act in 2013, the practice reportedly persists, institutionalized
44
45
46
47
48
49
14
Maggie Black, “Women in ritual slavery: Devadasi, Jogini and Mathamma in Karnataka and Andhra
Pradesh, Southern India” (Anti-Slavery International, 2007).
See A/67/303, para. 43.
Pakistan Dalit Solidarity Network and International Dalit Solidarity Network, “Scheduled caste
women in Pakistan: denied a life in dignity and respect”, alternative report to the Committee on the
Elimination of Discrimination against Women at its fifty-fourth session (2013), p. 12.
International Labour Office, Equality at Work: Tackling the Challenges (2007), pp. 35-36.
Human Rights Watch, “Caste discrimination: a global concern” (2001), p. 12.
United Nations Development Programme (UNDP) and United Nations Solution Exchange, “Social
inclusion of manual scavengers” (UNDP, 2012), p. 7. See also Human Rights Watch, Cleaning
Human Waste: “Manual Scavenging”, Caste and Discrimination in India (2014).