E/CN.4/1999/15
page 23
F.
The question of the untouchables in India
88.
In 1996 the Special Rapporteur’s attention was drawn to the situation of
the Dalits or untouchables in India (E/CN.4/1997/71, para. 127). Given the
complexity of the question, the Special Rapporteur consulted the Indian
Government, undertook documentary research and studied the position of the
Committee on the Elimination of Racial Discrimination on the question. The
basic question was whether the age-old caste system in India, which had
produced several million untouchables, could be regarded as racial
discrimination.
89.
In its appearances before the Committee on the Elimination of Racial
Discrimination and its communications to the Special Rapporteur, the Indian
Government has consistently held that the caste system is not a hierarchical
system based on race. The following five paragraphs, which are taken from the
Indian Government’s communication of 30 September 1997, illustrate this
position.
90.
History has made India home to people of diverse origins. Over the
millennia, the assimilative character of the Indian civilization combined with
the process of intermingling of inhabitants after waves of immigration has
resulted in a composite society. A variety of racial sources have therefore
contributed to the “mix” that is the hallmark of the Indian people today. The
fusion of these diverse racial elements over centuries has meant that Indian
society is neither racially nor ethnically homogenous. Categorical
distinctions of “race” or “national or ethnic origin” have ceased to exist and
race itself as an issue does not impinge on the consciousness or outlook of
Indian citizens in their social relations. Today India is a mosaic of
different groups who seek identification in terms of language, religion, caste
or even regional characteristics, rather than race, colour or ethnic origin.
91.
The term “caste” denotes a “social” and “class” distinction and is not
based on race. It has its origins in the functional division of Indian
society during ancient times. A hierarchical arrangement is the principal
characteristic of this social institution in which certain privileges or
disabilities are enjoined on its members from birth and are not supposed to
change during a person's lifetime. Each caste group is functionally dependent
on the other caste groups and has a well-defined role in a social set-up based
on a symbolic relationship between persons belonging to different castes.
Racial hierarchy appears as an aberrant adjunct to the main structure of
society, while the multi-segmented and intricately ranked social grouping of
castes has been the central principle of a functional organization of Hindu
society. Further, there is ample evidence of persons belonging to different
castes having the same racial characteristics.
92.
Communities which fall under the category of “Scheduled Castes” are
unique to Indian society and its historical process. They comprise persons
who were excluded from the caste system and subjected to severe discrimination
in ancient India. These persons were treated as “untouchables” and social and
physical contact with them was shunned by the dominant castes.
93.
The first enumeration of the former “untouchable” communities was
carried out during a census in 1931 under British rule. Based on the