Dowry is one of the worst practices widespread in Indian society. There is a tradition of asking for a dowry at the time of marriage and greed among the groom’s family for quick and easy money. People are also asking for a dowry to keep up status.
The main problems of the dowry system in society are: The bride’s family, which usually belongs to the middle and low classes, face its bitter side. Parents often take out a loan for their daughter’s marriage. Most times, observing the lousy situation of their parents, the bride becomes mentally affected. Sometimes psychological torture caused by dowry leads to suicidal tendencies.
Most of the people are involve in the dowry system, weather they belong to upper-class families or lower class, educated or illiterate they all are involved in it. It is the system of transferring the money or property to the groom’s family from the bride family. The greed for dowry is increasing dad by day. It effects the mental and physical health of a person who is being compelled for giving dowry for their daughter’s well-being. Even the value of a girl is decided by the amount of dowry she has with her. This cause a state of distress and grief for those parents who is giving the dowry. If the dowry is not fulfilling the demands then after marriage the girl is not treated well by their in-laws and can be beaten to death. And also, many girls are left unmarried because their parents cannot afford dowry according to the demand by the groom’s family. The reason why most of the parents don’t wish to be blessed by a daughter is because of the dowry they have to give on her marriage.
We are in 2020. Dowry system was abolished in 1961 in India. The reason for the prevalence of this custom is the patriarchal society that values men over women. In India boys have a rate card in many societies. This is the unofficial price the boy is worth. And that worth is measured by the amount of dowry a boy will get upon marriage. The stronghold of the gender inequality in Indian society makes a bride’s family feel obliged to meet the dowry demands of the man who has ‘agreed’ to take care of the daughter. The second major reason is that the dowry system is too deeply rooted in the Indian culture that it is seen as normal and unchangeable. Even today, if people are reminded that dowry is a crime, they ignore it as an alternate reality which cannot change the age-old customs. Many educated families practice it, willingly or unwillingly, to avoid being criticized for not following the customs. After all who will dare to change the traditions? The third and most important reason is the dominance of the institution of marriage. A woman’s marriage is of the paramount importance in Indian families. If a woman’s marriage requires dowry in return of her secured married life which is a challenge in the world that is unsafe and discriminatory for women, it is never seen as a crime.
Dowry deaths are a result of this stagnancy in the traditions and cultures. Groom’s families take advantage of the stronghold of the dowry system which will ultimately bring them wealth. Often they ‘rightfully’ abandon or abuse the woman for dowry because she and her family did not fulfil their duty. This is a harsh reality that still haunts the lives of the women who are moving ahead towards a respectable, empowered and independent future. This system is the major reason why daughters are considered as a burden for the families. Consequently, families either keep the wealth aside for the daughter’s dowry rather than investing in her education or kill her before birth to get rid of the burden forever.
How far will women bear the weight of patriarchal traditions like these? How and when will the change begin? SheThePeople asked the same question to some young women, here is how they will bring the change:
Avleen, 19-year-old and a student of English Honours, told SheThePeople that a marriage founded on the exchange of dowry is only a business deal. She believes that marriage truly needs love and respect. “If a boy cannot marry me without my money, I don’t need him. I am more capable of doing business with my own money.” She further talked about how she will convince her family to not seek dowry for her brother’s marriage. “I would tell them not to seek dowry because we don’t need money to keep someone else’s girl. If we like her and my brother likes her, then that love is enough for the marriage.”
“Education is the best friend. An educated person is respected everywhere. Education beats the beauty and the youth.” The above lines by Chanakya have been the motivation to change the lives of numerous people . Education serves as the key which unlocks the numerous doors leading to success . It also benefits an individual in various ways. Education for a child begins at home and is a lifelong process that ends with death. Mother is the first teacher of a child . Education is important because it is responsible for the overall development of a person and helps you to acquire different skills . Nelson Mandela expressed that Education is the most powerful weapon which you can use to change the world. Through Education the change of even the highest levels can be brought up because it is the only weapon which has the power to change the mindsets of people , can make it more broad in any way desired . Malala Yusufuzai in her speech once said , ” I do not want to kill taliban , I just want Education for his sons and daughters . she belived that with guns we can kill terrorists but with education we can eradicate the base issue i.e. Terrorism . Education improves and refines the speech of a person. People become more mature with the help of Education . It enables a person to be a better and informed decision maker with the use of their knowledge. This increases the success rate of a person not only financially but in all the aspects of life . It makes people have a special status in their own society and everywhere they live in. I believe that everyone is entitled to have education ‘’from cradle to grave’’. There are various benefits of having education such as having a good career, having a good status in society, and having self-confidence. First of all, education gives us the chance of having a good career in our life. We can have plenty of chances to work at any workplace we wish. In other words, opportunities for a better employment can be more and easy. The highly educated we are the better chance we get. Moreover, education polishes our mind, reinforces our thoughts, and strengthens our character and behaviors toward others. It equips us with information in various fields in general and our specialization in particular; especially what we need to master in our job career. Therefore, without education we may not survive properly nor have a decent profession. Furthermore, education grants us a good status in society. As educated people, we are considered as a valuable source of knowledge for our society. Having education helps us teach others morals, manners and ethics in our society. For this reason, people deal with us in a considerable and special way for being productive and resourceful. In addition, education makes us a role model in society when our people need us to guide them to the right way or when they want to take a decision. Thus, it is an honor for us to serve our community and contribute towards its advancement. The ultimate goal should be to make the level of education better than it was yesterday . Swami Vivekanand ji while awakening the world quoted ; “We want the education by which character is formed, strength of mind is increased, the intellect is expanded, and by which one can stand on one’s own feet.” This will keep on enhancing the willpower of children to be better everyday .
The practice of “untouchability,” other caste-based discrimination, violence against lower-caste men, women, and children, and other abuses outlined in this report violate numerous domestic and international laws. International human rights law imposes on governments a duty to guarantee the rights of all people without discrimination and to punish those who engage in caste-based exploitation, violence, and discrimination.
In its August 2000 resolution, the U.N. Subcommission on the Promotion and Protection of Human Rights urged governments to ensure that “appropriate legal penalties and sanctions, including criminal sanctions, are prescribed for and applied to all persons or entities within the jurisdiction of the Governments concerned who may be found to have engaged in practices of discrimination on the basis of work and descent.”
The subcommission’s working paper on work and descent-based discrimination noted a year later, “The laws are there, but there is a clear lack of will on the part of law enforcement officers to take action owing to caste prejudice on their part or deference shown to higher-caste perpetrators.”
Though constitutional guarantees and other national legislation banning caste discrimination suggest that various governments have successfully tackled caste-related violations, much of the legislation remains unenforced. Official condemnation alone has proven insufficient in many countries in abolishing caste-based abuses.
In India, for example, laws are openly flouted while state complicity in attacks on Dalit communities continues to reflect a well-documented pattern. India’s own constitutional and statutory bodies, including the National Human Rights Commission and the National Commission for Scheduled Castes and Scheduled Tribes, have repeatedly confirmed and decried the prevalence of the abuses outlined in this report. Other government authorities, however, have facilitated continued discrimination. Indeed it would be difficult to convince Dalits that, over fifty-four years after independence, the government had done anything to end the violence and discrimination that has ruled their lives. The message sent from the judiciary on caste discrimination is equally disturbing: in July 1998 in the state of Uttar Pradesh, an Allahabad High Court judge reportedly had his chambers “purified with Ganga jal,” water from the River Ganges, because it had earlier been occupied by a Dalit judge.
The state’s failure to prosecute atrocities against Dalits is well illustrated by its manipulation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Enacted in 1989, the act provides for certain stiffer punishments for abuses against members of scheduled castes and scheduled tribes when committed by non-scheduled caste or tribe members. Its enactment represented an acknowledgment on the part of the government that abuses, in their most degrading and violent forms, were still perpetrated against Dalits despite the constitutional abolition of “untouchability” four decades earlier.
The potential of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to bring about social change, however, has been hampered by police corruption and caste bias, with the result that many allegations of caste crimes are not entered in police records. Ignorance of procedures and a lack of knowledge of the act have also affected its implementation. Even when cases are registered, the absence of special courts to try them can delay prosecutions for up to three to four years. Some state governments dominated by higher castes have attempted to repeal the legislation altogether.
In 1957 the government of Sri Lanka passed the Prevention of Social Disabilities Act making it an offense to deny access to various public places to persons by reason of their caste. A 1971 amendment imposed stiffer punishments for the commission of offenses under the 1957 act. According to the U.N. Subcommission’s working paper: “Initially there were some prosecutions in the North but there was a tendency for the police not to take action against violations. In a celebrated temple-entry case, the Act was challenged as interfering with customs and ancient usages that prohibited defilement of a Hindu temple by the entry of low-caste persons. This argument was rejected by the Supreme Court and Privy Council.”
Unlike India’s constitution, Sri Lanka‘s 1978 Constitution does not provide for community-based affirmative action. It does however prohibit discrimination on the grounds of caste, including caste-based restrictions on access to shops, public restaurants, hotels, places of public entertainment, and places of worship of one’s own religion. Despite these constitutional prohibitions, serious problems remain.
Prohibitions on the denial of fundamental freedoms to Nigeria‘s Osu community are part and parcel of the country’s constitution and domestic laws. Legislation abolishing the Osu system has been in force since the 1950s, and constitutional provisions prohibit discriminatory practices and promote equal implementation of legal protections. Nigeria has also incorporated the African Charter on Human and People’s Rights into its national legislation, strengthening its commitment on paper to end discriminatory practices such as the Osu caste system. However, these laws remain largely unenforced.
According to the 1984 report of an expert to the then-U.N. Subcommission on Prevention of Discrimination and Protection of Minorities, slavery “as an institution protected by law has been genuinely abolished in Mauritania…. Nevertheless… it cannot be denied that in certain remote corners of the country over which the administration has little control certain situations of de facto slavery may still persist.” Still many human rights groups, including Human Rights Watch, have pointed to Mauritanian government inaction in enforcing its own ban on slave-like practices.
In their oral submission before the fiftieth session of the U.N. Subcommission on Prevention of Discrimination and Protection of Minorities in 1998, Anti-Slavery International stated that, “the government does not have a pro-slavery policy, but its silence and inaction on this issue allow centuries-old caste servitude to continue with impunity.” In a 1999 letter Human Rights Watch noted the following on the enforcement of laws against slavery:
The government has not taken any forceful steps to remove what it considers the “vestiges” or “after effects” (sequelles) of slavery. While the courts have upheld individual rights in a few cases, judges have failed to enforce systematically the laws abolishing slavery, in some cases returning “slaves” to their “masters” even though this relationship in theory has ceased to exist. Few lawyers are able and willing to appear in court to defend the rights of “slaves.” There is no law providing for the practice of slavery or forced labor to be an offense; while provisions in the 1980 law for compensation to be provided to slave-owners (but not slaves) have never been implemented, encouraging an attitude among “masters” that they need take no action to ensure substantive freedom for their “slaves.”
The success of legislation to combat caste discrimination in Japan may be coming to an end. To counter various forms of discrimination against the Buraku population, the Japanese government instituted the “Law on Special Measures for Dowa Projects.” This series of reform efforts had considerable success in improving housing areas for Buraku communities and increasing education and literacy rates among Buraku children. As a case in point, from 1963 to 1997, the enrolment of Buraku children in high school and public vocational schools rose from 30 percent to 92 percent, while university and junior college rates rose from 14.2 percent to 28.6 percent. With the Special Measures set to lapse in March 2002, civil rights activists in Japan worry that that progress will be halted and have urged the government to consider the need for further such legislation.
Caste has migrated with the South Asian diaspora to firmly take root in East and South Africa, Mauritius, Fiji, Suriname, the Middle East, Malaysia, the Caribbean, the United Kingdom, North America, and other regions.
Among migrant communities in North America and Europe, caste ideologies are perpetuated by families returning to India to seek out marriage partners within their own caste. U.S.-based matrimonial services, including regional conventions, are burgeoning alongside a growing population of Indian origin. Families openly advertise their caste preference in the matrimonial sections of Indian community papers in North America and Europe (a practice quite common within India as well), as well as on Internet matchmaking sites.
In the United States, a rising number of caste-based groups-each with chapters throughout many major cities-also points to the importance of caste as an identifier for migrant Indian communities. Such caste-based associations in the United States are providing funds and political support for a resurgence of caste fundamentalism in South Asia as well.
In Britain emigrant Dalits must also worship in segregated temples and have thus formed an umbrella group for low-caste temples-Guru Ravidass UK. Twenty-two of these temples withheld (and ultimately redirected) funds raised for earthquake victims in Gujarat due to incidents of caste discrimination in the distribution of earthquake relief.
Also in Britain caste tensions frequently erupt between high-caste Punjabis (Jats) and low-caste Punjabis (Chamars). Physical violence has also been known to erupt following intermarriage between the two communities. Caste consciousness becomes especially problematic given the sizable population of both Jats and Chamars in the United Kingdom. According Sat Pal Muman, a presenter at the September 2000 International Dalit Human Rights Conference in London, inquiries about one’s caste background are often made in privately run or Jat-run educational institutions and places of employment. In the city of Wolverhampton incidents of upper-caste Jats refusing to share water taps or make any physical contact with lower-caste persons have also been reported. At a sports competition in Birmingham in 1999 Jats reportedly refused to eat food that came from the Chamar community.
In Suriname, Indians of Dalit-descent continue to be largely distinguished by their various caste-based occupations.123Chamars traditionally worked as drum beaters, beggars, hawkers, and shoemakers; Pallen as landless laborers; Dhobis as washers; Collies as porters; and Dasis as house servants. A higher-caste group includes Kurmis as cultivators, Ahir as cow herders, and Chettyar as weavers, barbers, shopkeepers, and moneylenders. The third and highest caste category consists of priests, scribes, and schoolmasters.
In Mauritius, with its large concentration of people of Indian origin, social organization is based on family, kinship networks, and “to a not negligible extent, caste-based organization.” Caste-based considerations have also been reported in the political and employment sector.
Caste distinctions play a role in both private life and political organization within Malaysia‘s minority “Indian” community although the extent of its influence on Malaysian Indian society is the subject of considerable debate. Caste considerations are most obvious in the private sphere, particularly in the community’s attitudes towards intermarriage. Many families seeking to arrange marriages place matrimonial ads that include caste requirements, and marriage brokers may be expected to take caste into account when finding suitable matches. As one researcher observed, “Caste has, indeed, such a strong hold in marriage matters that intercaste marriages between different categories of higher caste status sometimes do not take place with parents’ approval, much less between higher and lower caste members. Abolition of caste discrimination in this area remains a distant dream.” Though interactions outside the home seem to take place without much emphasis on caste, within the home contact with castes thought to be polluting may be quite limited. Some families, for example, refuse to dine with or accept food and drinks from people they suspect of being lower caste.
Mass migration of higher and lower-caste Indians to Bahrain, Kuwait, the United Arab Emirates, and other Gulf states has brought with it vestiges of the caste system as well.
Lower-caste women are singularly positioned at the bottom of caste, class, and gender hierarchies. Largely uneducated and consistently paid less than their male counterparts worldwide they invariably bear the brunt of exploitation, discrimination, and physical attacks. Sexual abuse and other forms of violence against women are often used by landlords and the police to inflict political “lessons” and crush dissent within the community. Lower-caste women also suffer disproportionately in terms of access to health care, education, and subsistence wages as compared to women of higher castes.
Dalit women in India and Nepal make up the majority of landless laborers and scavengers, as well as a significant percentage of the women forced into prostitution in rural areas or sold into urban brothels. As such, they come into greater contact with landlords and enforcement agencies than their upper-caste counterparts. Their subordinate position is exploited by those in power who carry out their attacks with impunity. Incidents of gang-rape, stripping, and parading women naked through the streets, and making them eat excrement are all crimes specific to Dalit women in India. Sexual violence is also linked to debt bondage in India, Pakistan, and Nepal.
According to a Tamil Nadu state government official, the rape of Dalit women exposes the hypocrisy of the caste system as “no one practices untouchability when it comes to sex.” Like other Indian women whose relatives are sought by the police, Dalit women have also been arrested and tortured in custody as a means of punishing their male relatives who are hiding from the authorities.
Gender-specific violence is a problem of epidemic proportions among low-caste plantation workers in Sri Lanka. In Nepal, Dalit women are economically marginalized and exploited, both within and outside their families. As the largest group of those engaged in manual labor and agricultural production, their jobs often include waste disposal, clearing carcasses, and doing leatherwork. Despite their grueling tasks and long hours, exploitative wages ensure that Dalit women are unable to earn a subsistence living. In some rural areas Dalit women scarcely earn ten to twenty kilograms of food grain a year, barely enough to sustain a family. Many have been driven to prostitution. One caste in particular, known as badis, is viewed as a prostitution caste. Many Dalit women and girls, including those from the badi caste, are trafficked into sex work in Indian brothels.
devadasi system
Under the devadasi system, thousands of Dalit girls in India’s southern states are ceremonially “dedicated” or married to a deity or to a temple. Once dedicated, they are forced to become prostitutes for upper-caste community members, and eventually auctioned into an urban brothel. In Pakistan human rights organizations report that the rape of female bonded laborers is one of the most pressing problems facing the movement to end debt bondage. Not only is it a widespread, violent problem, but there is little legal recourse.
In Mauritania, women are particularly burdened by the designation of “slave.” While men are sometimes able to escape, and by law cannot be forced to return to their “masters,” women are often forced to remain as their “masters” threaten to keep their children. The tenuous legal status of slave children also keeps women tied to their masters.
The spread of the COVID-19 has proved deadly, and this is a challenging time for every single person belonging to any field or any background whether the person is a medical professional or a daily wage worker. Journalism has a great role to play in a democracy, as it has been ideally visualised as a platform for objective information and critical-rational discourse. Thus, the health of journalism in a country can be examined in the times of a crisis. Media is playing an important role in the COVID-19 response, even as it poses challenges to the industry. For the media sector, coronavirus creates both opportunities and challenges. Today, social media such as Twitter, Facebook and Instagram, have become primary sources of information. They are also vehicles for fake news and disinformation. Mitigating the advent of rumours and misinformation during the COVID-19 epidemic is crucial, since misinformation and fake news creates panic, fear and anxiety among people, predisposing them to various mental health conditions.
Introduction
The COVID-19 pandemic can be considered unique. With large portions of the public staying home amidst the COVID-19 pandemic to help stem the spread of the virus, people have few options but to rely even more heavily on media and media technologies to keep updated and stay connected. Mass media and social media platforms played a crucial role in providing information regarding the Coronavirus. In the face of COVID-19, media is a great way for individuals and communities to stay connected even while physically separated. Since little is known about the novel Coronavirus, it is essential to provide the correct information obtained from an authentic source. It is difficult to collect the current data of the affected, recovered and casualties, for, the rapidly changing data on Coronavirus. It is reported that the elderly and immune compromised individuals are more at risk for COVID-19 infection. Social media is one of the primary source proliferating the information regarding the virus The major drawback of social media amid a problematic situation as COVID-19 pandemic is that social media has been conveniently used as an approach to convey misinformation and fake news . After the advent of social networking platforms such as Twitter, Facebook and YouTube, the information transmission in disaster contexts has increased globally at various levels. These misinformation’s need attention for enhancing sentiment awareness, improving emergency responses and supporting decision making.
Influence of Media and Its loop holes in the time of Crisis
Mass media have long been regarded as critical sources of public perceptions of risk. Through the media, people are acknowledged as a chance that offers the risk warnings and interprets the risk issues regarding the pandemic. The information regarding risk is presented in a manner that influences people’s perception of risk, especially sensational media reporting of a pandemic crisis. The politicization of this outbreak has been another difficult aspect today. Fundamentally, for many journalists, political motive is an important part of their job, with the aim of the media being to hold governments and governing bodies to account. Journalism is considered to be an ethical communicative practice in a democracy, but corporate ownership subverts the autonomy of journalism and the freedom of the press. Unfortunately, this conflict of interest has become a common feature of Indian journalism. The sudden announcement of the lockdown which gave people barely four hours of advance were notice created a nationwide panic, and the migrant labourers the worst affected. In the absence of work and other support in the cities, thousands of labourers and their families desperately wanted to go back to their homes. With no transportation available, many began the arduous journey on foot, and many were subjected to police brutality along the way, and some have died on the road back home. The lockdown, thus, was worse than COVID-19 for the homeless and the poor. While a few in the media made visible their plight, a particular kind of media coverage and projection also led to the middle class blaming migrants for their “irresponsible behaviour” during the pandemic. Media’s ugliest moment however, the media outrage that followed was clearly an extension of the already prejudiced and polarised coverage, as the Tablighi Jamaat was blamed for violating lockdown rules and for “corona jihad,” “Islamic insurrection,” and “corona terrorism.” Even as details about the congregation emerged on national news, #Corona_Jihad, #Nizamuddin_Idiots, #Covid-786 (a number that carries religious meaning for Muslims), began trending.
The coverage of the public-health crisis by these organisations contained little mention of the poor planning and disastrous implementation of the lockdown, or the government’s failure to prepare for the pandemic.
Conclusion
For the current COVID-19 pandemic, the development of a real-time information sharing system is must, which analyses the data from a variety of social media platforms in several languages globally. Strengthening the capacity of risk communication is an essential component of global efforts to enhance global health security. This period should encourage us to draw lessons about the way the world works and changes, about social relations, about the importance of public services and access to information. Our media contribute to the international reflection and debate needed to build the post-pandemic future and make the most of it. The Government bodies and public health care authorities should utilize the media in teaching awareness among the people and narrowing panic.
A principal weapon in sustaining the low status of Dalits in India is the use of social and economic boycotts and acts of retaliatory violence. Dalits are physically abused and threatened with economic and social ostracism from the community for refusing to carry out various caste-based tasks. Any attempt to alter village customs, defy the social order, or to demand land, increased wages, or political rights leads to violence and economic retaliation on the part of those most threatened by changes in the status quo.
Dalit communities as a whole are summarily punished for individual transgressions; Dalits are cut off from community land and employment during social boycotts, Dalit women bear the brunt of physical attacks, and the law is rarely enforced.
“Stronger than lover’s love is lover’s hate. Incurable, in each, the wounds they make.”
― Euripides
Since the early 1990s, violence against Dalits has escalated dramatically in response to growing Dalit rights movements. Between 1995 and 1997, a total of 90,925 cases were registered with the police nationwide as crimes and “atrocities” against scheduled castes. Of these 1,617 were for murder, 12,591 for hurt, 2,824 for rape, and 31,376 for offenses listed under the Prevention of Atrocities Act. Given that Dalits are often both reluctant and unable (for lack of police cooperation) to report crimes against themselves, the actual number of abuses is presumably much higher.
India’s National Commission for Scheduled Castes and Scheduled Tribes has reported that these cases typically fall into one of three categories: cases relating to the practice of “untouchability” and attempts to defy the social order; cases relating to land disputes and demands for minimum wages; and cases of atrocities by police and forest officials. Most of the conflicts take place within very narrow segments of the caste hierarchy, between the poor and the not so poor, the landless laborer and the marginal landowner. The differences lie in the considerable amount of leverage that the higher-caste Hindus or non-Dalits are able to wield over local police, district administrations, and even state governments.
On the night of December 1, 1997,
An upper-caste landlord militia called the Ranvir Sena shot dead sixteen children, twenty-seven women, and eighteen men in the village of Laxmanpur-Bathe, Jehanabad district Bihar. Five teenage girls were raped and mutilated before being shot in the chest. The villagers were alleged to have been sympathetic to a guerilla group known as Naxalites that had been demanding more equitable land redistribution in the area. When asked why the sena killed children and women, one sena member told Human Rights Watch, “We kill children because they will grow up to become Naxalites. We kill women because they will give birth to Naxalites.”
“Wise men are not pacifists; they are merely less likely to jump up and retaliate against their antagonizers. They know that needless antagonizers are virtually already insecure enough.”
― Criss Jami
The senas, which claim many politicians as members, operate with virtual impunity. In some cases, police have accompanied them on raids and have stood by as they killed villagers and burned down their homes. On April 10, 1997, in the village of Ekwari, located in the Bhojpur district of Bihar, police stationed in the area to protect lower-caste villagers instead pried open the doors of their residences as members of the sena entered and killed eight residents. In other cases, police raids have followed attacks by the senas. Sena leaders are rarely prosecuted for such killings, and the villagers are rarely or inadequately compensated for their losses. Even in cases where police are not hostile to Dalits, they are generally not accessible to call upon: most police camps are located in the upper-caste section of the village and Dalits are simply unable to approach them for protection.
“Vengeance, retaliation, retribution, revenge are deceitful brothers—vile, beguiling demons promising justifiable compensation to a pained soul for his losses. Yet in truth they craftily fester away all else of worth remaining.”
Indian education system has always been about making the students excel in their academic path. The best way for which is making the students disciplined. The act of making them disciplined has been a part of Indian educational system since time immemorial. Quite often in such an endeavour it involves a teacher beating the student as a form of punishment known as corporal punishment which can be either physically or mentally, a practice which had been followed and was normalized and in fact was even endorsed by many schools and hostels. It wasn’t until the NCPR survey in 2009- 10 which reviewed that the use of physical punishments was rampant in Indian schools and as brutal as cane beatings were a common practice being inflicted upon young students. Even though there is prevalence of laws to prohibit such an act covered in Cr Pc, Juvenile act etc. yet its roots are so deeply engraved in the education system that the students find themselves in thraldom of physical assault just to make them “well- disciplined”. Furthermore there have been cases like sexual assault, bullying and physical violence have been on an upsurge in many universities across India indicating a steep administrative failure. Can then the “no touch” policy be implemented to overcome this hurdle and insure a safe and protected environment for the campuses in India as well as a means for the young students to set themselves free from the clutches of corporal punishment?
The ‘no touch’ policy when implemented in any organization or campus discourages any sort of physical touch including hugging and horseplay. Violators of such a policy face the threat of suspension or even expulsion on these grounds if the accusations filed against them are found to be true. However, rather than being as a relief measure and a firm stance of the administration against corporal punishment, this policy extends to all the people in that school or campus. This ‘no touch’ policy gradually has started being implemented in many schools internationally. Parents are relieved about a safe and secure environment for the children whereas teachers have a chance to prove their worth and excel in their career as through such a policy in place, it reduces the amount of false accusations and name blaming by the students of having been physically or sexually harassed. This might also lead to a drastic reduction in the number of cases of sexual and physical harassment taking place on school grounds. However, such a policy is not devoid of its disadvantages. Instead this policy might as very well prove to be a double edged sword.
Due to such a policy any physical touch which might be necessary under any uncertain or unwarranted circumstance like a medical emergency where physical touch is necessary or during P.E activities or music lessons, might prove to be inappropriate and give a wrong impression thereby creating a negative atmosphere rather than creating a positive impact in the bodies present at school. According to child psychologist Sean Cameron, “What’s missing is recognition of how important touch is. And that withholding touch is in itself of form of psychological abuse.” In today’s atmosphere and environment it is more than necessary to impart correct sexual education; its importance can never be stressed enough. Parents and educational institutions play a primary role in articulating this knowledge. However, this might all go all down the hill if there is adherence to such type of policy as it will only cause a psychological hindrance for them. The whole difference between what is a safe touch and what is an inappropriate touch will become a blurry concept for them as the environment in which they are growing up plays a centrifugal premise in their understanding capacity. This policy might dazzle the eyes in a first glance but in reality it is nothing but just another form of hindrance in letting the children grow in a proper environment and substantive environment, such a policy might create a negative feeling towards any sort of touch made by the opposite sex and might even lead to a disruptive response of any sort of human touch.
India’s youth suicide rate is among the world’s highest. Thereby, a no touch policy in campus might seem as an adequate step and a head- strong decision in the direction to overcome this social problem in the society as even Combating physical violence and bullying is indeed a difficult obstacle to overcome. However is physical violence, bullying etc. one of the major contributors of causing and un- cohesive environment among these students in campus to such an extent that it plays a role in student suicide rate and for which ‘no touch’ policy might seem the absolute option?
Almost all students in the country face a tremendous amount of pressure from family members to excel in their academic life in such a coat throat competing academic structure , adopting such a policy will act as a catalyst in detailing their mental health. It needs to be understood that adolescence is a tender age, it is an age where they want to revolt against any sort of tradition or rules set by the society which might seem to hinder their personal liberty or might seem orthodox. Already as per the set guidelines of UGC the student’s activities are already being monitored through CCTV cameras, security check posts, random checking etc. a regressive policy like this might lead to an aggressive revolt, which shall be nothing but prove to be bane for the university administration as well as in student’s well-being. As stated earlier the causes for student suicide are family problems, drug addiction etc. rather than addressing these problems, a ‘no- touch’ policy is nothing but a hasty step and a vague attempt in understanding the youth’s problems reasoned by bigot understanding of the situation at hand. What needs to be noted is that
Clearly, such a policy is just a digressive way and does not even address the problem at hand that is prevalent in today’s youth culture. For the children at school so much more can be done. The principals or the dean can send out a strong message showing zero tolerance over corporal punishment, conducting seminars and campaigns and imparting sex- education in the best way possible from an early age. With regular parents- teacher meet or conducting seminars for parents even they can get involved with their child’s performance and behaviour at school grounds and looking at rather corporal punishment, coming up with other means and effective tools to make them disciplined. Whereas in the university campuses such a regressive policy has no grounds. The cases of bullying or physical or sexual harassment can be combatted with a strict and active student as well as administrative councils, where the administration staff with a healthy discussion with the student body can come up with strong policies, to combat such hurdles.
Hence, a ‘no touch’ policy in campuses holds no substantive grounds and should be left to just theory rather than coming up with steps on how to implement it effectively.
Access to Education High drop-out and lower literacy rates among lower-caste populations have rather simplistically been characterized as the natural consequences of poverty and underdevelopment. Though these rates are partly attributable to the need for low-caste children to supplement their family wages through labor, more insidious and less well-documented is the discriminatory and abusive treatment faced by low-caste children who attempt to attend school, at the hands of their teachers and fellow students.
Over fifty years since India‘s constitutional promise of free, compulsory, primary education for all children up to the age of fourteen-with special care and consideration to be given to promote the educational progress of scheduled castes-illiteracy still plagues almost two-thirds of the Dalit population as compared to about one-half of the general population. The literacy gap between Dalits and the rest of the population fell a scant 0.39 percent between 1961 and 1991. Most of the government schools in which Dalit students are enrolled are deficient in basic infrastructure, classrooms, teachers, and teaching aids. A majority of Dalit students are also enrolled in vernacular schools whose students suffer serious disadvantages in the job market as compared to those who learn in English-speaking schools.
Despite state assistance in primary education, Dalits also suffer from an alarming drop-out rate. According to the National Commission for Scheduled Castes and Scheduled Tribes’ 1996-1997 and 1997-1998 Report, the national drop-out rate for Dalit children-who often sit in the back of classrooms-was a staggering 49.35 percent at the primary level, 67.77 percent for middle school, and 77.65 percent for secondary school.
Rodiya children in Sri Lanka rarely study past elementary levels, if at all. Instead, their parents require them to realize their income-earning potential even as young children, and often prematurely take them out of school. Lower-caste Tamil plantation workers of Indian origin in SriLanka also have low literacy levels. According to a Sri Lankan activist only 65 percent of plantation workers can read or write, compared to a high 90 percent national average. Higher drop out rates among children of plantation workers stems partly from the employment of these children as domestic workers, hotel workers, or sanitation cleaners.
The Buraku of Japan also suffer from lower levels of higher education than the national average, and higher dropout rates than the broader society. In particular, Buraku women report lower levels of literacy, high school and university enrollment, and employment. Special scholarship programs that bolstered national averages of Buraku education are expected to be phased out by March 2002, despite the considerable success they had in bridging the education gap between Buraku and non-Buraku.
In Nepal the literacy rate for Dalits is appallingly low at 10 percent for men and 3.2 percent for women, compared to a national literacy rate that exceeds 50 percent. According to the government’s own fourteenth periodic report under ICERD, “The lowest literacy is among the occupational castes. Women constitute more than two thirds of the illiterates.”
Access to Land Most Dalit victims of abuse in India are landless agricultural laborers who form the backbone of the nation’s agrarian economy. Despite decades of land reform legislation, over 86 percent of Dalit households today are landless or near landless. Those who own land often own very little. Land is the prime asset in rural areas that determines an individual’s standard of living and social status. As with many other low-caste populations, lack of access to land makes Dalits economically vulnerable; their dependency is exploited by upper- and middle-caste landlords and allows for many abuses to go unpunished. Landless agricultural laborers throughout the country work for a few kilograms of rice or Rs. 15 to Rs. 35 (US$0.32 to $0.75) a day, well below the minimum wage prescribed in their state. Many laborers owe debts to their employers or other moneylenders.
Indian laws and regulations that prohibit alienation of Dalit lands, set ceilings on a single landowner’s holdings, or allocate surplus government lands to scheduled castes and scheduled tribes have been largely ignored, or worse, manipulated by upper castes with the help of district administrations.
Although many of Nepal’s agricultural laborers are Dalits, Dalits also have a startlingly low rate of land ownership-only 3.1 percent of Dalits own more than twenty-one ropanies of land and collectively Dalits own only about 1 percent of Nepal’s total cultivable land. Moreover, 90 percent of Nepal Dalits live below the poverty line, compared to 45 percent of the overall population. Their per capita income amounts to a paltry U.S.$39.60 while the rest of Nepalese average U.S.$210 per year. Nepali Dalits are among the world’s poorest of the poor.
Debt Bondage and Slavery The poor remuneration of manual scavenging, agricultural labor, and other forms of low-caste employment often force families of lower castes or caste-like groups into bondage. A lack of enforcement of relevant legislation prohibiting debt bondage in most of the countries concerned allows for the practice to continue unabated.
An estimated forty million people in India, among them some fifteen million children, are working in slave-like conditions in order to pay off debts as bonded laborers. Due to the high interest rates charged, the employers’ control over records, and the abysmally low wages paid, the debts are seldom settled. Bonded laborers are frequently low-caste, illiterate, and extremely poor, while the creditors/employers are usually higher-caste, literate, comparatively wealthy, and relatively more powerful members of the community.
The Bonded Labour System (Abolition) Act, 1976 abolishes all agreements and obligations arising out of the bonded labor system. It aims to release all laborers from bondage, cancel any outstanding debt, prohibit the creation of new bondage agreements, and order the economic rehabilitation of freed bonded laborers by the state. It also punishes attempts to compel persons into bondage with a maximum of three years in prison and a Rs. 2,000 (U.S.$43) fine. However, relatively few bonded laborers have been identified, released, and rehabilitated in the country.
In Pakistan the debt bondage system is most prevalent in the agricultural provinces of southern Punjab and Sindh. Most laborers in these areas are minority Hindus from lower castes. In a pattern similar to that practiced in India, the charging of exorbitantly high interest rates ensure that loans from landowners never get repaid. While the loan agreement is often made between the landowner and the male head of the peasant household, the work to pay off the loan is performed by the entire family, including women and children. Women have also been held in custody by landowners when bonded male members of the family leave the land or area, and have even been sold into marriage or prostitution should the male family member fail to return. As in India, children often inherit their families’ debts and remain trapped in a cycle of debt bondage.
A disturbing reflection of the slavery of centuries past is the well-documented practice of tying up or chaining bonded laborers to hinder their escape. Of the 7,500 bonded laborers reported to have escaped or been released since 1995 in the southern Sindh province, human rights organizations report that “several hundred” of them were found “tied up or in chains. “Similarly, in 1991 the Pakistani army reportedly conducted a raid that unearthed the illegal detention of 295 laborers, including 132 children, all of whom were shackled each night. Most were only given flour and chili peppers as food and had no access to plumbing facilities or medical care. National legislation in Pakistan prohibiting these practices reportedly has done little to eradicate them. Provincial governments responsible for their enforcement have yet to establish mechanisms to put them into practice.
According to the United Nation Development Programme’s “Nepal Human Development Report 1998,” despite legal pronouncements to the contrary, bonded labor has not been eradicated in Nepal. The report adds:
In the mid-western and far western hills, the debt-bonded agricultural labourers, haliyas, mainly from “untouchable” castes, work under this system. The Anti-Slavery International and INSEC in 1996 rarely observed haliyas from among members of the high caste groups…. Their report also revealed that in the regions noted above, members of “untouchable” households were charged very high rates of interest – as high as 10 percent/month – on loans forwarded by their landlords, while members of “high caste” households were generally charged only 2-3 percent/month. Such discrimination was designed to keep alive and intensify the system of debt bondage. The “low caste” Tarai groups like Musahar, Dusadh, Dom, Chamar, etc. face a similar problem: repayment of loans is actively discouraged by the landlords (ibid.). Because the primary interest of the landlord lies in continued cultivation of his land and in regular assurance of labour supply, his lending is not directed towards earning interest in cash (NRB 1988).
The legacy of slavery as a form of caste and descent-based discrimination in Mauritania is an issue the government must do more to address. While President Maaouiya Ould Sid’Ahmed Ould Taya has brought public attention to modern-day slavery practices throughout the country-and while the government purports to have implemented relevant education and agrarian reforms-its record on enforcing slavery-specific legislation, and legislation promoting the civil rights of former slaves, is weak.
Both the Arab and Afro-Mauritanian groups have long distinguished community members on the basis of caste, and both included a caste-like designation of “slave” within these systems. To this day a former “slave” distinction-particularly for the Haratines, Arabic speakers of Sub-Saharan African origin-still carries significant social implications. At best, members of higher and lower castes are discouraged from intermarrying. In Soninke communities, members of the slave caste are also buried in separate cemeteries. At worst, however, there is a widespread system of unpaid servitude required of communities whose members still self-identify as slaves. Though the government has long outlawed slave-like distinctions and practices, it has taken few steps to enforce these laws. A weak economy also leaves former slaves with few options other than remaining with the families of masters who owned their ancestors. Caste systems similar to those found among the Wolof of Senegal can also be found among Soninke, Halpular, and Wolof Afro-Mauritanians.
Caste and Socio-Economic Disparities Significant economic and educational disparities persist between lower and higher-caste communities in the countries highlighted in this report. Lower-caste communities are often plagued by low literacy levels and a lack of access to health care and education. A lack of formal education or training, as well as discrimination that effectively bars them from many forms of employment, and the nonenforcement of protective legislation, perpetuates caste-based employment and keeps its hereditary nature alive.
As of 1997, there were reportedly only two Dalit medical doctors and fifteen Dalit engineers in Nepal. The life expectancy rate of Nepal’s Dalits is five years short of the national average of 55. Children face a higher incidence of malnutrition and the general population lacks access to clean drinking water or proper health services.
Nepal’s 1998 Human Development Report revealed that development indicators closely followed caste lines. Without a single exception, the lower the caste, the lower the life expectancy, the literacy rate, years of schooling, and per capita income.In 1999, Nepal’s fourteenth periodic report to CERD also frankly and constructively highlighted the economic disparities that continue to persist between low- and high-caste populations:
Awareness creation, income generation, education and health facilities programmes were implemented to address the problems of the backward communities. However, the gap between so-called higher and lower castes has not narrowed. There have hardly been any changes in the society or the living standard of the poor. Consequently, the people of backward communities have felt discriminated against and could not believe that the Government was doing anything for their welfare and development.
The main reasons for this are: lack of integrated programmes, weak implementation and sustainability, failure to mainstream backward communities and repressed people into the national development process, centre-oriented/based programmes rather than community-based/participatory programmes, little attention to human resource development and lack of encouragement to the development and modernization of traditional occupations and skills, lack of effective institutional mechanisms, etc.
So far is India is concerned, the concept of caste system is the creation of ancient Indian Vedic society. The Vedic society was divided into two periods- the early or Rid Vedic and the later Vedic society i.e. at the time of other 3 Vedas, Yajur, Sama, and Atharva Vedas. So during the time of Rig Veda, which composed of the early Vedic civilization, society at that time in India was not divided into various castes. At that time Society was normally divided into 4 groups or classes in order to perform the works of the society in a better manner. For example if one person is quite competent in the task of weaving, then that person will become a weaver. Now the priests were computed enough to continue with learning of the religious scriptures or say the other activities which is related to the intellectual ability of any person. He was regarded as a person who would continue the learning method and process that is he would be a learner in scholarly activities and he would become a teacher imparting education. So the intellectual faculty was under his control. He was regarded as a “Brahmin”. One person, if he had the competence to become a trader or a businessman he could follow that pursuit or profession. He was regarded as a “Vaishya”. If any person had the capability of might, ability and strength he could take the task of the defence of the country and would be regarded as a “Kshatriya” and those who could perform the task of art and labours were “Shudras”.So this was the categorisation of various professions according to the ability or choice of a particular person which prevailed in the early Vedic period. But, however as the time went by caste system became rigid and permanent and it began to be decided by birth and not by profession.
So, now the question arises is the caste system is withering away with time? Under the impact of socio-economic changes and political democracy caste system is changing in its cultural aspects such as hierarchy, pollution and purity, and doctrines of karma and dharma and structural aspects which includes established pattern of inter caste relationships such as endogamy, restrictions on interlining and other forms of social relationship and unequal distribution of power. In the traditional society ritual purity, rather than the economic criteria, determined the rank of each group. In the modern context the ritual dimension has been considerably eroded and the significance of the secular dimension, with which power and wealth are associated, has certainly increased. Today’s symbols of status are modern occupation, education, income, wealth and political power. Prof. D. N. Mazumdar says “The new trend in caste dynamics today is a concerted effort on the part of the backward and underprivileged castes to rearrange them on a horizontal plane instead of pressing their claims for accommodation in the hierarchical ladder.” The cultural and social distances among jatis are being reduced as there has been a shift away from traditional symbols to modern political and technological symbols of status. Under-privileged and socially backward groups at every level of society have now entered the political arena as they had never been able to do before. Mobility efforts have now been increasingly related to political participation in the district, state and national politics. Shifts in the traditional power structure have occurred in the local district and state levels.
Despite these changes and the constitutional abolition of all caste distinctions, the caste system exists and shows no sign of dying. There are several reasons. First, the dominance of power of one caste over another is a crucial factor in the continuance of the system. In the countryside the dominant castes, not necessarily higher castes, by virtue of their control of land such as the primary productive asset and capital enjoy real power and influence. Social disparities between them and the other half of the rural population, the lower castes mostly share-croppers and agricultural labourers remain powerless and without influence. The latter are dependent on the former for secured employment and financial borrowing in times of distress. There are millions of village households who live in debt bondage. Opportunities for them to change occupation are small in most villages. The patron-client relationship enables the dominant castes to mobilise the lower castes in their factional feuds in the villages or in their competitive struggle for political power. In many areas the lower castes vote for the dominant caste nominee either through a mixture of fear, traditional subservience or ignorance. If the lower castes appear to want to exercise their own choice of candidate, the dominant castes do not hesitate to use violent coercion (e.g. in Uttar Pradesh and Bihar political booth capturing or preventing the Dalit’s from casting their votes or manipulating the votes have been common occurrence during general and local elections).
The fact is that the creation of new political opportunities and new bases of power have enabled the dominant castes or caste community to develop at the regional level in particular, “patronage-client networks” based on traditional loyalties. In most states (except West Bengal) several castes are constantly fighting for power and people are mobilised by using the caste idiom. Thus increased politicisation of castes has given a new lease of life, as Srinivas pointed out to castes. There are castes and various sub-caste groups in virtually every state political party organisation (except the communist parties), legislative assembly and government ministry. Inter-jati conflict is a major component of politics in most states. Large agglomeration of caste groups like Jats, Yadavas, Ahirs. Rajputs and Okkaligas play a vital role in politics, and through politics, in the allocation of resources and distribution of benefits to followers. Increased politicisation of castes has largely led to the displacement from state legislative assemblies’ reformers who represented modern values by representatives of jatis and their values. In general, the modus operandi of jatis has been neither to force change nor to oppose change beyond self-interest but rather to accommodate it. Profit from it or make the best of it, endure.
The second factor contributing to increased caste consciousness and caste-based identity of the people is the reservation policy which emphasises not the individuality of an Indian citizen but his caste identity. Caste quotas are adjusted and are readjusted through intense political bargaining in a language which implicitly assumes that castes and not just individuals have claims. In the traditional Indian society the rights and obligations of an individual were to some extent defined by caste. The system of quotas has strengthened the belief that every caste or group of castes should have a share to the nation’s cake. Caste which is about collective identity is thus strengthened.
Thirdly, though modern occupations have expanded only a minority of people have employment in areas where equality of opportunity is expected to work. The various castes, particularly Scheduled Castes, are very thinly represented in the higher administrative and managerial occupations in proportion to their numbers in the total population. Any radical change in this respect depends on two things : one, greater use of the facilities of education provided to them; and two, radical change of traditional attitudes regarding purity and pollution among the upper castes who dominate higher occupations. Moreover, caste associations represent their members’ political and economic concerns and to that extent they enhance caste-consciousness. The formation, fragmentation and reformation of associations of jatis, jati-segments and jati alliances all over India tend to perpetuate caste distinctions.
Fourth, the political system is dominated by a kaleidoscopic coalition of the elites belonging to all sections and the same pattern prevails in all political parties. In each of these groups whether, for example, Brahman, Jat, Rajput, Yadav, Muslim or Scheduled Caste, there is a critical elite which is posing as spokesman of its respective constituency. In some instances they mean to do something for their constituency: but things often cannot be done. The reason is that power relations, despite the minor changes, have substantially reinforced traditional power alignments, partially against the poor and underprivileged.
Fifth, caste is more than a system, as Lannoy puts it: it is a state of mind. The psychology of the vast majority of Hindus is still fundamentally a caste psychology Indeed hierarchy and caste form part of the unconscious psychological element of the Hindu. Very few Hindus are found to carry out their social and political duties and relationships in a spirit of secularism and egalitarianism. Those who strive for social mobility do not challenge the hierarchical frame but believe rather that they are only trying to restore their proper place within it. Those who oppose them believe that the climbers are trying to alter ordained order of society. The caste system is characterised by the dominance of the religious order over the secular. To reverse this order a fundamental change of the value system which legitimates the caste system is required.
Sixth, endogamy, the formidable pillar which has sustained the caste structure, has remained almost unshaken. Inter-caste marriages are few. Even when inter-marriages do take place across castes, the barrier of untouchability is rarely crossed. Indeed, it continues to restrict intermarriage even after conversion to Christianity. The jati continues to be the principal unit of endogamy, an essential attribute of identity. a common locus for interaction.
To conclude, socio-economic changes and political democracy have profoundly affected the caste system. The caste system is changing but it persists and shows no sign of dying.
Often, rigid social norms of purity and pollution are socially enforced through strict prohibitions on marriage or other social interaction between castes. While economic and social indicators other than caste have gained in significance, allowing intermarriage among upper castes, in many countries strong social barriers remain in place against marriage between lower and higher castes.
In India the condemnation can be quite severe, ranging from social ostracism to punitive violence. On August 6, 2001, in the north Indian state of Uttar Pradesh, an upper-caste Brahmin boy and a lower-caste Jat girl were dragged to the roof of a house and publicly hanged by members of their own families as hundreds of spectators looked on. The public lynching was punishment for refusing to end an inter-caste relationship. Inter-caste marriages can also lead to large-scale attacks on lower-caste communities. In May 2000 in Hardoi district in Uttar Pradesh, a police constable enraged by his daughter’s marriage to a Dalit was joined by other relatives in shooting and killing four members of his son-in-law’s family. Dalits who marry high-caste persons in Nepal in some cases reportedly have been imprisoned by local authorities because of false cases filed against them by members of the upper-caste families. Dalits are often forbidden from performing marriage or funeral rites in public areas or, in some areas, from speaking to members of upper castes.
In both the Tamil and Sinhala communities of Sri Lanka, intermarriage between upper-caste and lower-caste persons is still socially discouraged. Matrimonial ads in Sri Lankan newspapers placed by Tamils and Sinhalese both routinely specify the caste background of the match that the family is seeking.
Japanes Marriage
In Japan marriage remains a primary source of discrimination for Buraku people today. Suspicions that a person is of Buraku descent often lead to private investigations into his or her family background. These background checks are easy to conduct because family registries are easily obtainable, and Buraku names are distinct and recognizable. Upon discovering that the intended bride or groom is of Buraku descent, the marriage plans are often reportedly cancelled or condemned.
Marriages are still expected to fall along caste lines for the Wolof societies of Senegal; a geer who marries someone from the lower castes may be ostracized. Even amongst the neeno, marriage within one’s own caste is preferred, particularly amongst the griot community. In parts of southeastern Nigeria, marriage to an Osu by a non-Osu is highly discouraged and even condemned by society, while children of such a union are likely to be ostracized and mistreated.
The caste system is a system for determining the class or assigning a status to people from birth. The causes, effects, and solutions of the caste system in India are described below:
The main reason for creating the caste system in India is the caste assignment based on professional specialization. Four classes of the caste system: Four classes include:
Brahmins – priesthood class.
Kshatriyas – a class of warriors and rulers.
Vaishyas – a commercial class.
Sudras – the lowest of four traditional classes involved in household members and workers, etc.
The caste system has many disadvantages, such as:
Promotes inequality
Undemocratic by nature
False differentiation in superiority and inferiority
It increases the difference between people from the upper and lower caste.
People fall victim to the caste.
Education will help people realize the disadvantages of the caste system. There is a need for broad social change for equality. There should include special classes in schools that give children value and moral education. Thanks to better learning and economic progress, people belonging to different castes mix and cooperate.
India’s caste system is perhaps the world’s longest surviving social hierarchy. A defining feature of Hinduism, caste encompasses a complex ordering of social groups on the basis of ritual purity. A person is considered a member of the caste into which he or she is born and remains within that caste until death, although the particular ranking of that caste may vary among regions and over time. Differences in status are traditionally justified by the religious doctrine of karma, a belief that one’s place in life is determined by one’s deeds in previous lifetimes.
Traditional scholarship has described this more than 2,000-year-old system within the context of the four principal varnas, or large caste categories. In order of precedence these are the Brahmins (priests and teachers), the Ksyatriyas (rulers and soldiers), the Vaisyas (merchants and traders), and the Shudras (laborers and artisans). A fifth category falls outside the varna system and consists of those known as “untouchables” or Dalits; they are often assigned tasks too ritually polluting to merit inclusion within the traditional varna system. Almost identical structures are also visible in Nepal.
Despite its constitutional abolition in 1950, the practice of “untouchability”-the imposition of social disabilities on persons by reason of birth into a particular caste- remains very much a part of rural India. Representing over one-sixth of India’s population-or some 160 million people-Dalits endure near complete social ostracization. “Untouchables” may not cross the line dividing their part of the village from that occupied by higher castes. They may not use the same wells, visit the same temples, or drink from the same cups in tea stalls. Dalit children are frequently made to sit at the back of classrooms. In what has been called India’s “hidden apartheid,” entire villages in many Indian states remain completely segregated by caste.
“Untouchability” is reinforced by state allocation of resources and facilities; separate facilities are provided for separate caste-based neighborhoods. Dalits often receive the poorer of the two, if they receive any at all. In many villages, the state administration installs electricity, sanitation facilities, and water pumps in the upper-caste section, but neglects to do the same in the neighboring, segregated Dalit area. Basic amenities such as water taps and wells are also segregated, and medical facilities and the better, thatched-roof houses exist exclusively in the upper-caste colony. As revealed by the case study below on the earthquake in Gujarat, these same practices hold true even in times of great natural disaster.
Register and Records required to be maintained by an enterprise: An Introduction
The Companies Act, 2013 (the Act) and the rules framed there under (“the Rules”) lays down that every Company incorporated under the Act has to maintain Statutory Registers (“the Registers”). With various provisions incorporated in Companies Act, 2013, it is made clear that every company governed under Companies Act, 2013 is required to maintain statutory registersat its registered office until the dissolution of the company.
Some important requirements relating to registers and records are as below:
1. The Registers need to maintained and kept updated and should be kept at the Registered Office of the Company.
2. Some of the Registers are required to be kept open for inspection by Directors, Members, Creditors and by other persons.
3. A Company is also required to provide the extracts of the Registers, if demanded by Directors, Members, Creditors and by other persons on payment of specified fees.
4. Hence, it is important for all the companies (including one person company incorporated in India to maintain statutory registers.
Place of Keeping the Records and Registers
Unless otherwise notified, it is assumed that statutory registers are kept at the address of the registered office of the company. Such registers may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company.
Inspection of Statutory Registers
Companies are required by law to make their statutory registers available for public inspection at their registered office or the address as notified to the Registrar during business hours . The registers shall be open for inspection by any member, debenture-holder, other security holder or beneficial owner without payment of any fees and by any other person on payment of prescribed fees.
Suggested Method of Keeping Statutory Registers
The companies have an option to keep all of their statutory registers together in a bound or loose-leaf folder or book. This ensures all important company documents are filed together and easily accessible for inspection purposes. Furthermore one may also keep digital copies instead of, or in addition to the paper registers.
The “Startup India” initiative announced by the Hon‟ble Prime Minister on 15.08.2015 aims at fostering entrepreneurship and promoting innovation by creating an ecosystem that is conducive to growth of Startup. Startup India is a flagship initiative of the Government of India, intended to build a strong ecosystem for nurturing innovation and Startups in the country that will drive sustainable economic growth and generate large scale employment opportunities.
The efforts of the government are aimed at empowering Startups to grow through innovation and design. It is intended to provide the much needed impetus for the Startups to launch and scale greater heights. In order to meet the objectives of the initiative, the Hon‟ble Prime Minister on 16th January 2016 launched the Startup India Action Plan. The Startup India Action Plan consists of 19 action items spanning across areas such as “Simplification and handholding.”
“Funding support and incentives” and “Industry-academia partnership and incubation”. Since the launch of the programme, a number of forward looking strategic amendments to the existing policy ecology have been introduced, like:
Fund of Funds For providing fund support for Startups, Government has created a „Funds for Startups (FFS) at Small Industries Development Bank of India (SIDBI) with a corpus of Rs 10,000 crore. The FFS shall contribute to the corpus of Alternative Investment funds (AIFs) for investing in equity and equity linked instruments of various Startups. The FFS is managed by Small Industries Development Bank of India (SIDBI) for which operational guidelines have been issued. In 2015- 16, Rs.500 crores was released towards the FFS corpus.
2. Credit Guarantee Fund for Startups Since debt funding for Sartups is perceived as high risk activity, a Credit Guarantee Fund for Startups is being setup with a budgetary corpus of Rs.500 crore per year, over the next four years, to provide credit guarantee cover to banks and lending institutions providing loans to Startups. Once rolled out, the scheme in the lines of credit guarantee scheme for MSME, is likely to provide a huge impetus for enabling flow of much needed credit to the Startups which may run into several thousands of crores.
3. Relaxed Norms in Public Procurement for Startups Provision has been introduced in the procurement policy of Ministry of Micro, Small and Medium Enterprises (Policy Circular No. 1(2)(1)/2016-MA dated March 10, 2016) to relax norms pertaining to prior experience/ turnover for Micro and Small Enterprises. Department of Expenditure has issued a notification for relaxing public procurement norms in respect of all Startups (including medium enterprises) by all central Ministries/ Departments.
4. Tax Incentives
(i) Income Tax Exemption on profits under Section 80-IAC of Income Tax (IT) Act: The Inter-Ministerial Board of Certification is a Board set up by Department for Promotion of Industry and Internal Trade (DPIIT) which validates Startups for granting tax related benefits.
A DPIIT recognized Startup is eligible to apply to the Inter-Ministerial Board for full deduction on the profits and gains from business (exemption under Section 80IAC of the Income Tax Act) provided the following conditions are fulfilled.
The entity should be a private limited company or a limited liability partnership, Incorporated on or after 1st April 2016 but before 1st April 2021, and Products or services or processes are undifferentiated, have potential for commercialization and have significant incremental value for customers or workflow. The deduction is for any three consecutive years out of seven years from the year of incorporation of start-up.
(ii) Tax Exemption on Investments above Fair Market Value.
– DPIIT Recognized Startups are exempt from tax under Section 56(2)(viib) of the Income Tax Act when such a Startup receives any consideration for issue of shares which exceeds the Fair Market Value of such shares.
– The startup has to file a duly signed declaration in Form 2 to DPIIT {as per notification G.S.R. 127 (E)} to claim the exemption from the provisions of Section 56(2)(viib) of the Income Tax Act.
(iii) Introduction of Section 54EE in the Income Tax Act, 1961.
Exemption from tax on long-term capital gain if such long-term capital gain is invested in a fund notified by Central Government. The maximum amount that can be invested is Rs. 50 lakh.
(iv) Amendment in Section 54GB of the Income-tax Act
Exemption from tax on capital gains arising out of sale of residential house or a residential plot of land if the amount of net consideration is invested in prescribed stake of equity shares of eligible Startup for utilizing the same for purchase of specified asset:
a. The condition of minimum holding of 50% of share capital or voting rights in the start-up relaxed to 25%
b. The period of extension of capital gains arising from for sale of residential property for investment in start-ups has been extended up to 31st March 2021.
(v) Amendment in Section 79 of Income Tax Act.
Startups can carry forward their losses on satisfaction of any one of the following two conditions:
a. Continuity of 51% shareholding/voting power or
b. Continuity of 100% of original shareholder.
Legal Support and Fast-tracking Patent Examination at Lower Costs
A scheme for Startups IPR Protection (SIPP) for facilitating fast rack filing of Patents, Trademarks and Designs by Startups has been introduced. The scheme provides for expedited examination of patents filed by Startups. This will reduce the time taken in getting patents. The fee for filing of patents for Startups has also been reduced up to 80%.
Panels of facilitators for Patents and Trademark applications have been formed to facilitate the process of patent filing and acquisition. The facilitators would provide legal guidance and handholding through the entire patent acquisition process free of cost.
Self-Certification based Compliance Regime:
Compliance norms relating to Environmental and Labour laws have been eased in order to reduce the regulatory burden on Startups thereby allowing them to focus on their core business and keep compliance costs low. Ministry of Environment and Forests (MOEF) has published a list of 36 white category industries. Startups falling under the “White category” would be able to self certify compliance in respect of 3 Environment Acts.
The Water (Prevention & Control of Pollution) Act, 1974.
2. The Water (Prevention & Control of Pollution) Cess (Amendment) Act, 2003;
3. The Water (Prevention & Control of Pollution) Act, 1981.
Further, Ministry of Labour and Employment (MOLE) has issued guidelines to State Governments whereby Startups shall be allowed to self-certify compliance in respect of Labour laws. These shall be effective after concurrence of States/UTs.
The Acts are :
The Building and Other Constructions Works (Regulation of Employment & Conditions of Service) Act, 1996.
2. The Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979.
3. The Payment of Gratuity Act, 1972.
3. The Contract Labour (Regulation and Abolition)) Act, 1970.
4. The Employees Provident Funds and Miscellaneous Provisions Act, 1952
5. The Employees State Insurance Act, 1948
So far 9 States have confirmed compliance to the advisory issued by Ministry of Labour and Employment (MOLE):
Under Atal innovation Mission, Niti Aayog will set up Atal Incubation Centres (AICs) in Public and Private sector. Niti Aayog has received 3658 applications (1719) from academic institutions and 1939 from non-academic instution) for setting up Atal Incubation Centres (AICs) from both Public and Private sector organizations. Under the Mission, a grant in aid of Rs.10 crore would be provided to scale up an existing incubator for a maximum of 5 years to cover the capital and operational costs in running the centre. Niti Aayog has received 233 applications for providing scale up support for established incubation centres.
8. Setting up of Startup Centres and Technology Business Incubators (TBIs)
14 Startup Centres and 15 Technology Business incubators are to be set up collaboratively by Ministry of Human Resource Development (MHRD) and the Department of Science and Technology (DST). Out of the 14 Startup Centres, 10 have been approved. Once MHRD releases its share of Rs.25 lakhs each for the Startup centres, the Startup centres would be supported by DST by December, 2016. Against the target of sanctioning 15 TBIs, 9 TBIs have been approved and other 6 TBIs, 9 TBIs have been approved and other 6 TBIs are under process of being approved.
9. Research Parks
7 Research Parks will be set up as per the Startup India Action Plan. Out of these 7 IIT Kharagpur already has a functional Research Park. Further, DST will establish 1 Research Park at IIT Gandhinagar and the remaining 5 shall be set up by Ministry of Human Resource development (MHRD) at IIT Guwahati, IIT Hyderabad, IIT Kanpur, IIT Kanpur, IIT Delhi and IISc Bangalore.
Eligibility for becoming a Startup Company
The Government of India has announced ‘Startup India’ initiative for creating a conducive environment for startups in India. The various Ministries of the Government of India have initiated a number of activities for the purpose.
An entity shall be considered as a Startup:
i. Upto a period of ten years from the date of incorporation/ registration, if it is incorporated as a private limited company (as defined in the Companies Act, 2013) or registered as a partnership firm (registered under section 59 of the Partnership Act, 1932) or a limited liability partnership (under the Limited Liability Partnership Act, 2008) in India.
ii. Turnover of the entity for any of the financial years since incorporation/ registration has not exceeded one hundred crore rupees. The words “Turnover” is as defined under the Companies Act, 2013.
iii. Entity is working towards innovation, development or improvement of products or processes or services, or if it is a scalable business model with a high potential of employment generation or wealth creation.
Provided that an entity formed by splitting up or reconstruction of an existing business shall not be considered a ‘Startup’.
An entity shall cease to be a Startup on completion of ten years from the date of its incorporation/ registration or if its turnover for any previous year exceeds one hundred crore rupees.
Recognition as Startups
The process of recognition of an eligible entity as startup shall be as under:
i. A Startup shall make an online application over the mobile app or portal set up by the DPIIT.
ii. The application shall be accompanied by –
a. a copy of Certificate of Incorporation or Registration, as the case may be, and
b. a write-up about the nature of business highlighting how it is working towards innovation, development or improvement of products or processes or services, or its scalability in terms of employment generation or wealth creation.
iii. The DPIIT may, after calling for such documents or information and making such enquires, as it may deem fit, –
a. recognise the eligible entity as Startup; or
b. reject the application by providing reasons.
Certification of the Inter-Ministerial Board for availing the Tax Benefit under Section 80-IAC
A Startup being a private limited company or limited liability partnership, which fulfils the conditions specified in sub-clause (i) and sub-clause (ii) of the Explanation to section 80-IAC of the Income Tax Act,1961(Act) may, for obtaining a certificate for the purposes of section 80-IAC of the Act, make an application in Form-1 along with documents specified therein to the Board and the Board may, after calling for such documents or information and making such enquires, as it may deem fit, –
(i) grant the certificate referred to in sub-clause (c) of clause(ii) of the Explanation to section 80- IAC of the Act; or
(ii) reject the application by providing reasons.
The Board” means the Inter-Ministerial Board of Certification comprising of the following members: (i) Joint Secretary, Department of Promotion of Industry and Internal Trade, Convener
(ii) Representative of Department of Biotechnology, Member
(iii) Representative of Department of Science & Technology, Member
Post getting recognition a Startup may apply for Tax exemption under section 80 IAC of the Income Tax Act. Post getting clearance for Tax exemption, the Startup can avail tax holiday for 3 consecutive financial years out of its first ten years since incorporation.
Eligibility Criteria for applying to Income Tax exemption (80IAC)
-The entity should be a recognized Startup
– Only Private limited or a Limited Liability Partnership is eligible for Tax exemption under Section 80IAC
– The Startup should have been incorporated after 1st April, 2016.
Tax Exemption under Section 56 of the Income Tax Act (Angel Tax)
Post getting recognition a Startup may apply for Angel Tax Exemption. Eligibility Criteria for Tax Exemption under Section 56 of the Income Tax Act:
– The entity should be a DPIIT recognized Startup
– Aggregate amount of paid up share capital and share premium of the Startup after the proposed issue of share, if any, does not exceed INR 25 Crore.
Approval for the purposes of clause (viib) of sub-section (2) of section 56 of the Act:
A Startup shall be eligible for notification under clause (ii) of the proviso to clause (viib) of sub-section (2) of section 56 of the Act and consequent exemption from the provisions of that clause, if it fulfils the following conditions:
(i) it has been recognised by DPIIT under para 2(iii)(a) or as per any earlier notification on the subject.
(ii) aggregate amount of paid up share capital and share premium of the startup after issue or proposed issue of share, if any, does not exceed, twenty five crore rupees:
Provided that in computing the aggregate amount of paid up share capital, the amount of paid up share capital and share premium of twenty five crore rupees in respect of shares issued to any of the following persons shall not be included –
(a) a non-resident; or
(b) a venture capital company or a venture capital fund;
Provided further that considerations received by such startup for shares issued or proposed to be issued to a specified company shall also be exempt and shall not be included in computing the aggregate amount of paid up share capital and share premium of twenty five crore rupees.
(iii) It has not invested in any of the following assets,─
(a) building or land appurtenant thereto, being a residential house, other than that used by the Startup for the purposes of renting or held by it as stock-in-trade, in the ordinary course of business;
(b) land or building, or both, not being a residential house, other than that occupied by the Startup for its business or used by it for purposes of renting or held by it as stock-in trade, in the ordinary course of business;
(c) loans and advances, other than loans or advances extended in the ordinary course of business by the Startup where the lending of money is substantial part of its business;
(d) capital contribution made to any other entity;
(e) shares and securities;
(f) a motor vehicle, aircraft, yacht or any other mode of transport, the actual cost of which exceeds ten lakh rupees, other than that held by the Startup for the purpose of plying, hiring, leasing or as stock-in-trade, in the ordinary course of business;
(g) jewellery other than that held by the Startup as stock-in-trade in the ordinary course of business;
(h) any other asset, whether in the nature of capital asset or otherwise, of the nature specified in sub- clauses (iv) to (ix) of clause (d) of Explanation to clause (vii) of sub-section (2) of section 56 of the Act.
Provided the Startup shall not invest in any of the assets specified in sub-clauses (a) to (h) for the period of seven years from the end of the latest financial year in which shares are issued at premium;
Explanation.─ For the purposes of this paragraph,-
(i) “specified company” means a company whose shares are frequently traded within the meaning of Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 and whose net worth on the last date of financial year preceding the year in which shares are issued exceeds one hundred crore rupees or turnover for the financial year preceding the year in which shares are issued exceeds two hundred fifty crore rupees.
(ii) the expressions “venture capital company” and “venture capital fund” shall have the same meanings as respectively assigned to them in the explanation to clause (viib) of sub Section( 2) of Section 56 of the Act.
A startup fulfilling conditions mentioned in para 4 (i) and para 4 (ii) shall file duly signed declaration in Form 2 to DIPP that it fulfills the conditions mentioned in para 4. On receipt of such declaration, the DPIIT shall forward the same to the CBDT.
Indian States with Startup policies
States have a vital role to play in promoting the Startup ecosystem. One of the core strengths of India lies in its diversity, leading to enormous opportunities for cross-learning from each other. Only four State Governments were actively supporting Startups before the launch of Startup India through a State Startup policy. The Startup movement across the country was fragmented and there was a need for consolidating standalone efforts.
Emphasis was also required simultaneously to encourage more and more States to undertake new initiatives. The national priority initiative has led to a wide spread movement across the country and presently 22 States have their own Startup policies. Many other States and Union Territories (UTs) are in the process of drafting their policies and operating guidelines.
CONCULSION
The core functioning of an enabling ecosystem in a State is a function of the policy framework and effective implementation of the same. In the journey of developing a conducive Startup community, it is important that States and UTs exchange and adopt good practices undertaken by each other. Another important role of State is to reduce the regulatory burden on budding Startup founders by simplifying labour, taxation, land, and other laws and regulations under the State purview. Many States are organizing hackathons, boot camps, pitching sessions to promote Startups. Several other States have already begun to actively setup world class incubators for Startups across various sectors.
WAY FORWARD
However, a significant effort is required to accelerate the pace of these initiatives to be at par with the pace of growth of Startups. Concerted initiatives by States will accelerate the growth of Startup ecosystems in their respective territories and transform the country into a flourishing Startup Nation.
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