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Fair Economic Development and Entitlements

ICCO Conference of South Asia

New Delhi 08 10 April

Entitlement Dalit, Adivasi/Tribal/Indigenous Perspective

M C Raj

Entitlement is a guarantee of access to benefits. It is placedpredominantly in Rights Discourse. In the context of postmodernDalit people, indigenous people and minorities we may identifythree major instruments of entitlements. These are the UDHR, theILO Conventions and the Constitutions.

In history, postmodern discourse of entitlement was unknown aslong as values were distributed equitably. This was governance inthe indigenous communities of people.

Entitlement discourse is necessitated because of the replacement of distribution of values, now known as entitlements, withaccumulation, amalgamation and aggrandizement. From atrajectory of distribution governance has turned into reallocation of entitlements. Indigenous people, not having been used to ownershiptitle deeds were natural and systemic losers in this reallocation of resources. Reallocation of resources takes the discourse intodeprived entitlement and embellished entitlement. Unfortunatelymodern distribution of entitlement (governance) has heavily tiltedtowards depriving the Dalits and other indigenous people of theirentitlement in order to embellish the entitlement of those whoalready much of it.

Having grossly and unjustly appropriated values and also the powerto distribute values the capitalist world has set in motion in order tosave its skin and to retain its dominant power to distributeentitlements according to its greed and not necessarily according toneeds of citizens. The cumulative consequence is that entitlementsto the basic needs of the Dalits, Adivasis, Tribal people, indigenouspeople, women and minorities in most countries have become theprice for their ability to succeed in the level playing field againstgargantuan market forces. Where it is given it is being taken awayin the name of development, e.g. SEZ, Dams, Highways,

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Infrastructure, urbanization etc.

Entitlement in this context necessitates the precondition of empowerment without which access to level playing fields isimpossible. This is a cyclic process and not linear. One includes theother and not necessarily follows the other. Entitlement endeavors till now have taken two major trajectories.One is compensatory entitlement and the other is Distributiveentitlement. Both are valid trajectories. But one must be able to seethe facilitating and debilitating role of each.

Compensatory entitlement. It focuses on repairing damages of thepast, paying for past appropriations. This is necessary. However,such a focus has a strong tendency to pull back energy into the pastand throw light on the strengths of the violators and highlight theweakness of the oppressed. Generally such a trajectory uses theFreudian approach to progress.

Distributive entitlement touches the raw nerves of governance. Itseeks to occupy and expand space in the Instruments andmechanisms of governance. In this trajectory there is a need to getinto level playing field. The character and quality of empowermentwill change to suit such pursuits. For all oppressed people of theworld empowerment and entitlement are inalienable. One does notget into level playing fields with weaknesses. This trajectory

generally uses the Jungian approach to progress.

Entitlements are classified as physical and metaphysicalentitlements. Physical entitlements are those that are visible,tangible and cater to needs of bodily survival and sustenance.Examples are land, water, food, clothes, shelter etc. Metaphysicalentitlements are those that are generally intangible and invisibleand are essential for survival with dignity. Examples will be rulesand regulations, normative, policies etc.

Postmodern instruments and mechanisms of governance constantlyempower themselves to disentitle the majority of people in order totransfer entitlement to the powerful. This results in large-scaledisplacement of Dalits and indigenous people. Disentitlement is thebitter fruit of displacement.

Entitlements are further classified also in accordance with theInternational Covenants of Civil and Political Rights as well as theEconomic, Social and Cultural Rights.

We are concerned only with those entitlements that are of

paramount importance in designing the mission and engagement of civil society in creating and expanding the level playing field of

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Dalits, Adivasi/Tribal people and some minority groups. We desistfrom any attempt to give a list of all possible entitlements. India isknown to enact some of the best laws in the world. But governancestops at that. Other countries overtake India in implementingentitlements. We also desist from confining entitlements to theboundaries of mere legal mechanisms. Our predominant focus in thediscourse of entitlement is realization of rights.

Distributive Entitlement CompensatoryEntitlement

Self-identity of Dalit and otherindigenous people! There aretwo general trajectories. One isseparate identity for separateexistence either as a people oras a nation. The other is specificidentity assertion for integratedexistence with full respect forspecificity. Our entitlementdiscourse chooses the latter.

There is a law banning the Harijanidentity to Dalits. But manygovernment bodies still use thisname for the Dalits. Stringentmeasures are to be taken toactually prevent the use of thisderogatory identity to the Dalitpeople.

Internal Governance placed inthe discourse of self-governance

based on specific history andculture! Our discourse andproposition are placed verymuch within the borders of thenation-state and has noinclination towards separatistattempts. Adivasi/Tribal peopleand Dalits have their internalgovernance mechanisms. Theyneed to be given formalentitlements as it has happenedin Norway with the Sami Peopleand in New Zealand with theMaori people.

Removal of instruments of governance through militarism

such as Armed Forces SpecialPowers Act. Such forms of governance grossly underminethe spirit of Indian Constitutionand the provisions of Civil andPolitical Rights Covenant.

Paralegal approval to thetraditional village panchayats thatsubjugate the Dalits in theireveryday life should be limitedonly to govern themselves andnot the Dalit people of the villagewith their dominant castenormative.

Proportionate Electoral Systemthat will be tailor made forIndia/South Asia to establish thedemocratic entitlements of theAdivasi/Tribal people, Dalits,Women and minorities. Mostcountries of Western Europe, NZ,Nepal and Sri Lanka have

Separate Electorate orreservation of seats must not beresorted to. It would be enough tohave plural memberconstituencies (of two or three)with cumulative voting in place of the system of single memberconstituency embodied in the

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already brought in this electoralsystem.

present Constitution. This willallay the fears which theminorities have about linguisticstatesDr. B R Ambedkar, 27 August1955

Participatory Democracy!Greater power and Budgetallocation for Panchayat RajInstitutions in all the States of India.

Reserved seats for SC/STs as theyare given now must continue tillan appropriate PR system isimplemented.

Land Policy for five acres of land to each Dalit andAdivasi/Tribal families. All landthat will be distributed to the

Dalits and Adivasi/Tribal familiesshall be registered in the nameof women. Law in all States toprevent alienation of land in thepossession of indigenous people.

Reclamation of all alienated landthat was in the possession of Dalitand Adivasi/Tribal people.Enact stringent laws and

measures against disentitlementof natural and possessedresources of the Dalits andAdivasi/Tribal people. E.g. HugeDams, SEZ, Highways, industrialestates etc.

Dalit Labor to be declared asnational resource. Governmentsshould enact a law to give livingand equal wages and notminimum wages to all the poor.

Reservation to SC/STs to continueuntil a time when the communityis confident of entering into levelplaying field in all spheres.

Climate Change discourses in theworld today have largelyexcluded Dalits and otherindigenous people who havepreserved the integrity of natureat the cost of their lives. Just asthe UNFCCC is able to measureglobal levels of pollution, GreenHouse Gas emissions andcompliance and fix financial

responsibility for the same, itmust also measure the level of contribution by Dalits and otherindigenous people to preservethe Cosmos in its integritywithout participating in thedestruction of nature. Suchmeasurements must result in thefinancial rewarding of suchcommunities by the pollutingnations and companies of theworld through UN mechanisms.

Along with promoting herbusiness interests in ClimateChange economy, India must alsolobby strongly in UN Forums forthe integration of a rewardingmechanism within the UnitedNations Framework Conventionon Climate Change (UNFCCC).

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Education has become afundamental right in law. It mustbecome an entitlement for Dalitsand Adivasi/Tribal people bymaking education accessible andaffordable, from primary toprofessional levels.

Dalit/Adivasi history and cultureto be integrated into the nationaland state syllabus in schools andcolleges. Dalit/Adivasiuniversities of education to besupported by the UniversityGrants Commission of India.

Anti-history books of India to becorrected to be inclusive of all herpeople, especially in formalschools and colleges.

The following are non-negotiable entitlements in the context of theDalit people, especially Dalit women and other indigenous people.

Removal of Untouchability No sane society can afford to continuethis wayTemple prostitution of Dalit Women-Devadasi system- insanity of Indian caste society exemplifiedManual scavenging-stop it. Even government agencies indulge in itFree caste labor not yet abolished against constitutional guaranteeAtrocity on Dalits continues unabated

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