Entitlement

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 placed predominantly in Rights Discourse. In the context of postmodern Dalit people, indigenous people and minorities we may identify three major instruments of entitlements. These are the UDHR, the ILO Conventions and the Constitutions.

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

Entitlement discourse is necessitated because of the replacement of distribution of values, now known as entitlements, with accumulation, amalgamation and aggrandizement. From a trajectory of distribution governance has turned into reallocation of entitlements. Indigenous people, not having been used to ownership title deeds were natural and systemic losers in this reallocation of resources. Reallocation of resources takes the discourse into deprived entitlement and embellished entitlement. Unfortunately modern distribution of entitlement (governance) has heavily tilted towards depriving the Dalits and other indigenous people of their entitlement in order to embellish the entitlement of those who already much of it.

Having grossly and unjustly appropriated values and also the power to distribute values the capitalist world has set in motion in order to save its skin and to retain its dominant power to distribute entitlements according to its greed and not necessarily according to needs of citizens. The cumulative consequence is that entitlements to the basic needs of the Dalits, Adivasis, Tribal people, indigenous people, women and minorities in most countries have become the ‘price’ for their ability to succeed in the level playing field against gargantuan market forces. Where it is given it is being taken away in the name of development, e.g. SEZ, Dams, Highways, Infrastructure, urbanization etc.

Entitlement in this context necessitates the precondition of empowerment without which access to level playing fields is impossible. This is a cyclic process and not linear. One includes the other and not necessarily follows the other.

Entitlement endeavors till now have taken two major trajectories. One is compensatory entitlement and the other is Distributive entitlement. Both are valid trajectories. But one must be able to see the facilitating and debilitating role of each.

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

Distributive entitlement touches the raw nerves of governance. It seeks to occupy and expand space in the Instruments and mechanisms of governance. In this trajectory there is a need to get into level playing field. The character and quality of empowerment will change to suit such pursuits. For all oppressed people of the world empowerment and entitlement are inalienable. One does not get into level playing fields with weaknesses. This trajectory generally uses the Jungian approach to progress.

Entitlements are classified as physical and metaphysical entitlements. 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. Metaphysical entitlements are those that are generally intangible and invisible and are essential for survival with dignity. Examples will be rules and regulations, normative, policies etc.

Postmodern instruments and mechanisms of governance constantly empower themselves to disentitle the majority of people in order to transfer entitlement to the powerful. This results in large-scale displacement of Dalits and indigenous people. Disentitlement is the bitter fruit of displacement.

Entitlements are further classified also in accordance with the International Covenants of Civil and Political Rights as well as the Economic, 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 Dalits, Adivasi/Tribal people and some minority groups. We desist from any attempt to give a list of all possible entitlements. India is known to enact some of the best laws in the world. But governance stops at that. Other countries overtake India in implementing entitlements. We also desist from confining entitlements to the boundaries of mere legal mechanisms. Our predominant focus in the discourse of entitlement is realization of rights.



Distributive Entitlement Compensatory Entitlement
Self-identity of Dalit and other indigenous people! There are two general trajectories. One is separate identity for separate existence either as a people or as a nation. The other is specific identity assertion for integrated existence with full respect for specificity. Our entitlement discourse chooses the latter.
There is a law banning the Harijan identity to Dalits. But many government bodies still use this name for the Dalits. Stringent measures are to be taken to actually prevent the use of this derogatory identity to the Dalit people.
Internal Governance placed in the discourse of self-governance based on specific history and culture! Our discourse and proposition are placed very much within the borders of the nation-state and has no inclination towards separatist attempts. Adivasi/Tribal people and Dalits have their internal governance mechanisms. They need to be given formal entitlements as it has happened in Norway with the Sami People and in New Zealand with the Maori people. Removal of instruments of governance through militarism such as Armed Forces Special Powers Act. Such forms of governance grossly undermine the spirit of Indian Constitution and the provisions of Civil and Political Rights Covenant.

Paralegal approval to the traditional village panchayats that subjugate the Dalits in their everyday life should be limited only to govern themselves and not the Dalit people of the village with their dominant caste normative.
Proportionate Electoral System that will be tailor made for India/South Asia to establish the democratic entitlements of the Adivasi/Tribal people, Dalits, Women and minorities. Most countries of Western Europe, NZ, Nepal and Sri Lanka have already brought in this electoral system. “Separate Electorate or reservation of seats must not be resorted to. It would be enough to have plural member constituencies (of two or three) with cumulative voting in place of the system of single member constituency embodied in the present Constitution. This will allay the fears which the minorities have about linguistic states”
Dr. B R Ambedkar, 27 August 1955
Participatory Democracy! Greater power and Budget allocation for Panchayat Raj Institutions in all the States of India. Reserved seats for SC/STs as they are given now must continue till an appropriate PR system is implemented.
Land – Policy for five acres of land to each Dalit and Adivasi/Tribal families. All land that will be distributed to the Dalits and Adivasi/Tribal families shall be registered in the name of women. Law in all States to prevent alienation of land in the possession of indigenous people. Reclamation of all alienated land that was in the possession of Dalit and Adivasi/Tribal people.
Enact stringent laws and measures against disentitlement of natural and possessed resources of the Dalits and Adivasi/Tribal people. E.g. Huge Dams, SEZ, Highways, industrial estates etc.
Dalit Labor to be declared as national resource. Governments should enact a law to give living and equal wages and not minimum wages to all the poor. Reservation to SC/STs to continue until a time when the community is confident of entering into level playing field in all spheres.
Climate Change discourses in the world today have largely excluded Dalits and other indigenous people who have preserved the integrity of nature at the cost of their lives. Just as the UNFCCC is able to measure global levels of pollution, Green House Gas emissions and compliance and fix financial responsibility for the same, it must also measure the level of contribution by Dalits and other indigenous people to preserve the Cosmos in its integrity without participating in the destruction of nature. Such measurements must result in the financial rewarding of such communities by the polluting nations and companies of the world through UN mechanisms. Along with promoting her business interests in Climate Change economy, India must also lobby strongly in UN Forums for the integration of a rewarding mechanism within the United Nations Framework Convention on Climate Change (UNFCCC).
Education has become a fundamental right in law. It must become an entitlement for Dalits and Adivasi/Tribal people by making education accessible and affordable, from primary to professional levels.

Dalit/Adivasi history and culture to be integrated into the national and state syllabus in schools and colleges. Dalit/Adivasi universities of education to be supported by the University Grants Commission of India. Anti-history books of India to be corrected to be inclusive of all her people, especially in formal schools and colleges.

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

•Removal of Untouchability – No sane society can afford to continue this way
•Temple prostitution of Dalit Women-Devadasi system- insanity of Indian caste society exemplified
•Manual scavenging-stop it. Even government agencies indulge in it
•Free caste labor not yet abolished against constitutional guarantee
•Atrocity on Dalits – continues unabated