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,

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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

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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

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.
Entitlement
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 Removal of instruments of

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.
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
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.
“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

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already brought in this electoral present Constitution. This will
system. allay the fears which the
minorities have about linguistic
states”
Dr. B R Ambedkar, 27 August
1955
Participatory Democracy! Reserved seats for SC/STs as they
Greater power and Budget are given now must continue till
allocation for Panchayat Raj an appropriate PR system is
Institutions in all the States of implemented.
India.
Land – Policy for five acres of Reclamation of all alienated land
land to each Dalit and that was in the possession of Dalit
Adivasi/Tribal families. All land and Adivasi/Tribal people.
that will be distributed to the Enact stringent laws and
Dalits and Adivasi/Tribal families measures against disentitlement
shall be registered in the name of natural and possessed
of women. Law in all States to resources of the Dalits and
prevent alienation of land in the Adivasi/Tribal people. E.g. Huge
possession of indigenous people. Dams, SEZ, Highways, industrial
estates etc.
Dalit Labor to be declared as Reservation to SC/STs to continue
national resource. Governments until a time when the community
should enact a law to give living is confident of entering into level
and equal wages and not playing field in all spheres.
minimum wages to all the poor.
Climate Change discourses in the Along with promoting her
world today have largely business interests in Climate
excluded Dalits and other Change economy, India must also
indigenous people who have lobby strongly in UN Forums for
preserved the integrity of nature the integration of a rewarding
at the cost of their lives. Just as mechanism within the United
the UNFCCC is able to measure Nations Framework Convention
global levels of pollution, Green on Climate Change (UNFCCC).
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.

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Education has become a Anti-history books of India to be
fundamental right in law. It must corrected to be inclusive of all her
become an entitlement for Dalits people, especially in formal
and Adivasi/Tribal people by schools and colleges.
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.

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