LAW RESOURCE INDIA

Young Bhil woman paraded naked- SC slams state

Posted in ACCESS TO JUSTICE, CRIMINAL JUSTICE SYSTEM, RIGHT TO LIFE, RIGHTS by NNLRJ INDIA on January 5, 2011
An ethnic Adivasi woman from the Kutia Kondh t...

Image via Wikipedia

INDIAN EXPRESS

Observing that it is time to undo the “historical injustice” to tribals, the Supreme Court today rued that the one-year jail term for four persons for parading a young Bhil woman naked in Maharashtra was too little and wondered why the State never sought harsher punishment.

The Apex court also said the mentality of people in the country towards tribals must change, and they must be given the respect they deserve as the original inhabitants of India.

“The injustice done to the tribal people of India is a shameful chapter in our country’s history,” it said, observing they are “generally superior” in character to non-tribals.

The court made these remarks while upholding a one-year jail term awarded to four persons, including a woman, for the “shocking” incident involving the 25-year-old tribal over 16 years ago in a village in Maharashtra.

“The parade of a tribal woman on the village road in broad daylight is shameful, shocking and outrageous,” said a bench of justices Markandey Katju and Gyan Sudha Misra.

“The dishonour of victim Nandabai called for harsher punishment, and we are surprised that the state government did not file any appeal for enhancement of the punishment awarded by the additional sessions judge in February 1998,” it said.

The bench also lamented that the Bombay High Court earlier, while adjudicating the appeal by the four convicts, had set aside their convictions under stringent Scheduled Cases and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on mere technicalities that the victim was not able to produce her caste certificate.

“It is the duty of all people who love our country to see that no harm is done to the Scheduled Tribes and that they are given all help to bring them up in their economic and social status, since they have been victimised for thousands of years by terrible oppression and atrocities,” the court said upset by the injustice meted out to the Bhil woman.

“The injustice done to the tribal people of India is a shameful chapter in our country’s history,” said the bench, adding, “The tribals were called ‘rakshas’ (demons), ‘asuras’, and what not.

“They were slaughtered in large numbers and the survivors and their descendants were degraded, humiliated, and all kinds of atrocities inflicted on them for centuries.

Despite this horrible oppression on them, the tribals of India have generally retained a higher level of ethics than the non-tribals in our country. They normally do not cheat, do not tell lies, and do other misdeeds which many non-tribals do,” the bench said.

“They are generally superior in character to the non-tribals. It is time now to undo the historical injustice to them,” the court said.

The incident dates back to 1994, when the Bhil woman was assaulted and paraded naked by four of her co-villagers – Kailash, Balu, Subhash and Subhadra, for having a relation with one of their family members, Vikram, who was also the father of Nandabai’s daughter.

The four had assaulted her and paraded her naked to drive her out of the village as they wanted to get Vikram married to some other girl of their own caste.

SOME OBSERVATIONS FROM THE JUDGEMENT ARE:

This appeal furnishes a typical instance of how many of our people in India have been treating the tribal people (Scheduled Tribes or Adivasis), who are probably the descendants of the original inhabitants of India, but  now constitute only about 8% of our total population, and as a group are one of the most marginalized and vulnerable communities in India characterized by high level of poverty, illiteracy, unemployment, disease, and landlessness.

The victim in the present case is a young woman Nandabai 25 years of age belonging to the Bhil tribe which is a Scheduled Tribe (ST) in Maharashtra, who was beaten with fists and kicks and stripped naked by the accused persons after tearing her blouse and brassieres and then got paraded in naked condition on the road of a village while being beaten and abused by the accused herein.

The parade of a tribal woman on the village road in broad day light is shameful, shocking and outrageous. The dishonor of the victim Nandabai called for harsher punishment, and we are surprised that the State Government did not file any appeal for enhancement of the punishment awarded by the Additional Sessions Judge.

It is alleged by the appellants that the people belonging to the Bhil community live in torn clothes as they do not have proper clothes to wear. This itself shows the mentality of the accused who regard tribal people as inferior or sub-humans. This is totally unacceptable in modern India.

The Bhils are probably the descendants of some of the original inhabitants of India living in various parts of the country particularly southern Rajasthan, Maharashtra, Madhya Pradesh etc. They are mostly tribal people and have managed to preserve many of their tribal customs despite many oppressions and atrocities from other communities.

It is stated in the Article `World Directory of Minorities and Indigenous Peoples – India:      Advasis’, that in Maharashtra Bhils were mercilessly persecuted in the 17th century.      If a criminal was caught and found to be a Bhil, he or she was often killed on the spot. Historical accounts tell us of entire Bhil communities being killed and wiped out. Hence, Bhils retreated to the strongholds of the hills and forests.

Thus Bhils are probably the descendants of some of the original inhabitants of India known as the `aborigines’ or Scheduled Tribes (Adivasis), who presently comprise of only about 8% of the population of India. The rest 92 % of the population of India consists of descendants of immigrants.    Thus India is broadly a country of immigrants like North America. We may consider this in some detail.

India is broadly a country of immigrants   While North America (USA and Canada) is a country of new

immigrants, who came mainly from Europe over the last four or five centuries, India is a country of old immigrants in which people have been coming in over the last ten thousand years or so. Probably about 92% people living in India today are descendants of immigrants, who came mainly from the North-West, and to a lesser extent from the North-East. Since this is a point of great importance for the understanding of our country, it is necessary to go into it in some detail.

People migrate from uncomfortable areas to comfortable areas. This is natural because everyone wants to live in comfort. Before the coming of modern industry there were agricultural societies everywhere, and India was a paradise for these because agriculture requires level land, fertile soil, plenty of water for irrigation etc. which was in abundance in India. Why should anybody living in India migrate to, say, Afghanistan which has a harsh terrain, rocky and mountainous and covered with snow for several months in a year when one cannot grow any crop? Hence, almost all immigrations and invasions came from outside into India (except those Indians who were sent out during British rule as indentured labour, and the recent migration of a few million Indians to the developed countries for job   opportunities). There is perhaps not a single instance of an invasion from India to outside India.

India was a veritable paradise for pastoral and agricultural societies because it has level & fertile land, hundreds of rivers, forests etc. and is rich in natural resources. Hence for thousands of years people kept pouring into India because they found a comfortable life here in a country which was gifted by nature.

As the great Urdu poet Firaq Gorakhpuri wrote:

“Sar Zamin-e–hind par aqwaam-e-alam ke firaq

Kafile guzarte gae Hindustan banta gaya”

Which means –

“In the land of Hind, the Caravans of the peoples of

The world kept coming in and India kept getting formed”.

24.   Who were the original inhabitants of India ? At one time it was believed that the Dravidians were the original inhabitants. However, this view has been considerably modified subsequently, and now the generally accepted belief is that the original inhabitants of India were the pre-Dravidian aborigines i.e. the ancestors of the present tribals or advasis

(Scheduled Tribes). In this connection it is stated in The Cambridge History of India (Vol-I), Ancient India as follows:

“It must be remembered, however, that, when the term `Dravidian’ is thus used  thnographically, it is nothing more  than a convenient label. It must not be assumed that the speakers of the Dravidian languages are aborigines. In Southern  India, as in the North, the same general distinction exists between the more primitive tribes of the hills and jungles and   the civilized inhabitants of the fertile tracts; and some  ethnologists hold that the difference is racial and not merely the    result of culture. Mr. Thurston, for instance, says:

“It is the Pre-Dravidian aborigines, and not the later and more cultured Dravidians, who must be regarded as the primitive existing race…… These      Pre-Dravidians …… are differentiated from the Dravidian classes by their short stature and broad   (platyrhine) noses. There is strong ground for the belief that the Pre-Dravidians are ethnically related to the Veddas of Ceylon, the Talas of the Celebes,    the Batin of Sumatra, and possibly the Australians.     (The Madras Presidency, pp. 124-5.)”

It would seem probable, then, that the original speakers of the  Dravidian languages were outsiders, and that the ethnographical  Dravidians are a mixed race. In the more habitable regions the  two elements have fused, while representatives of the aborigines are still in the fastnesses (in hills and forests) to which they retired before the encroachments of the newcomers.   If this view be correct, we must suppose that these aborigines  have, in the course of long ages, lost their ancient languages and adopted those of their conquerors. The process of linguistic  transformation, which may still be observed in other parts of  India, would seem to have been carried out more completely in  the South than elsewhere.

The theory that the Dravidian element is the most ancient which we can discover in the population of Northern India, must also be modified by what we now know of the Munda languages,the Indian representatives of the Austric family of speech, and the mixed languages in which their influence has been traced (p.43). Here, according to the evidence now available, it would seem that the Austric element is the oldest, and that it has been overlaid in different regions by successive waves of Dravidian and Indo-European on the one hand, and by Tibeto-Chinese on the other. Most ethnologists hold that there is no difference in physical type between the present speakers of Munda and Dravidian languages. This statement has been called in question; but, if it is true, it shows that racial conditions have become so complicated that it is no longer possible to analyse their constituents. Language alone has preserved a record which would otherwise have been lost.

At the same time, there can be little doubt that Dravidian languages were actually flourishing in the western regions of Northern India at the period when languages of the Indo-European type were introduced by the Aryan invasions from the north-west. Dravidian characteristics have been traced alike in Vedic and Classical Sanskrit, in the Prakrits, or early popular dialects, and in the modern vernaculars derived from them. The linguistic strata would thus appear to be arranged in the order- Austric, Dravidian, Indo-European.

There is good ground, then, for supposing that, before the coming of the Indo-Aryans speakers the Dravidian languages predominated both in Northern and in Southern India; but, as we have seen, older elements are discoverable in the populations of both regions, and therefore the assumption at he Dravidians are aboriginal is no longer tenable. Is there anyevidence to show whence they came into India? No theory of their origin can be maintained which does not account for the existence of Brahui, the large island of Dravidian speech in the mountainous regions of distant Baluchistan which lie near the western routes into India. Is Brahui a surviving trace of the immigration of Dravidian – speaking peoples into India from the west? Or does it mark the  limits of an overflow form India into Baluchistan? Both   theories have been held; but as all the great movements of  peoples have been into India and not out of India, and as a  remote mountainous district may be expected to retain the survivals of ancient races while it is not likely to have been  colonized, the former view would a priori seem to be by far the more probable.” (See `Brahui’ on Google).

In Google `The original inhabitants of India’, it is mentioned :

“A number of earlier anthropologists held the view that the  Dravidian peoples together were a        distinct race. However, comprehensive genetic studies have proven that this is not the case.  The original inhabitants of India may be identified with the speakers of the Munda languages, which are unrelated to either  Indo-Aryan or Dravidian languages”

Thus the generally accepted view now is that the original inhabitants of India were not the Dravidians but the pre-Dravidians Munda aborigines whose descendants presently live in parts of Chotanagpur (Jharkhand),Chattisgarh, Orissa, West Bengal, etc., the Todas of the Nilgiris in Tamil Nadu, the tribals in the Andaman Islands, the Adivasis in various parts of India (especially in the forests and hills) e.g. Gonds, Santhals, Bhils, etc. is not necessary for us to go into further details into this issue, but the facts mentioned above certainly lends support to the view that about 92% people living in India are descendants of immigrants (though more research is required).

It is for this reason that there is such tremendous diversity in India.This diversity is a significant feature of our country, and the only way to explain it is to accept that India is largely a country of immigrants.

There are a large number of religions, castes, languages, ethnic groups, cultures etc. in our country, which is due to the fact that India is a ountry of immigrants. Somebody is tall, somebody is short, some are dark,some are fair complexioned, with all kinds of shades in between, someone has Caucasian features, someone has Mongoloid features, someone has Negroid features, etc. There are differences in dress, food habits and various other matters.

We may compare India with China which is larger both in population and in land area than India. China has a population of about 1.3 billion whereas our population is roughly 1.1 billion. Also, China has more than twice our land area. However, all Chinese have Mongoloid features; they have a common written script (Mandarin Chinese) and 95% of them belong to one ethnic group, called the Han Chinese. Hence there is a broad (though not absolute) homogeneity in China.

On the other hand, as stated above, India has tremendous diversity and this is due to the large scale migrations and invasions into India over thousands of years. The various immigrants/invaders who came into India brought with them their different cultures, languages, religions, etc. Which accounts for the tremendous diversity in India.

Since India is a country of great diversity, it is absolutely essential if we wish to keep our country united to have tolerance and equal respect for all communities and sects. It was due to the wisdom of our founding fathers that we have a Constitution which is secular in character, and which caters to the tremendous diversity in our country.

Thus it is the Constitution of India which is keeping us together despite all our tremendous diversity, because the Constitution gives equal respect to all communities, sects, lingual and ethnic groups, etc. in the country. The Constitution guarantees to all citizens freedom of speech (Article 19), freedom of religion (Article 25), equality (Articles 14 to 17),liberty (Article 21), etc.

However, giving formal equality to all groups or communities in India would not result in genuine quality. The historically disadvantaged groups must be given special protection and help so that they can be uplifted from their poverty and low social status.   It is for this reason that special

provisions have been made in our Constitution in Articles 15(4), 15(5),16(4), 16(4A), 46, etc. for the upliftment of these groups. Among these disadvantaged groups, the most disadvantaged and marginalized in India are the Adivasis (STs), who, as already mentioned, are the descendants of the original inhabitants of India, and are the most marginalized and living in terrible poverty with high rates of illiteracy, disease, early mortality etc.Their plight has been described by this Court in Samatha vs. State of Andhra Pradesh and Ors. AIR 1997 SC 3297 (vide paragraphs 12 to 15).Hence, it is the duty of all people who love our country to see that no harm is done to the Scheduled Tribes and that they are given all help to bring them up in their economic and social status, since they have been victimized for thousands of years by terrible oppression and atrocities. The mentality of our countrymen towards these tribals must change, and they must be given the respect they deserve as the original inhabitants of India.

The bravery of the Bhils was accepted by that great Indian warrior Rana Pratap, who held a high opinion of Bhils as part of his army.

The injustice done to the tribal people of India is a shameful chapter in our country’s history.    The tribals were called `rakshas’ (demons), `asuras’, and what not. They were slaughtered in large numbers, and the survivors and their descendants were degraded, humiliated, and all kinds of atrocities inflicted on them for centuries. They were deprived of their lands,and pushed into forests and hills where they eke out a miserable existence of poverty, illiteracy, disease, etc. And now efforts are being made by some people to deprive them even of their forest and hill land where they are living, and the forest produce on which they survive.

The well known example of the injustice to the tribals is the story of Eklavya in the Adiparva of the Mahabharat. Eklavya wanted to learn archery, but Dronacharya refused to teach him, regarding him as low born. Eklavya then built a statue of Dronacharya and practiced archery before the statue. He would have perhaps become a better archer than Arjun, but since Arjun was Dronacharya’s favourite pupil Dronacharya told Eklavya to cut off his right thumb and give it to him as `guru dakshina’ (gift to the teacher given traditionally by the student after his study is complete).  In his Simplicity Eklavya did what he was told.

This was a shameful act on the part of Dronacharya. He had not even taught Eklavya, so what right had he to demand `guru dakshina’, and that too of the right thumb of Eklavya so that the latter may not become a better archer than his favourite pupil Arjun?

Despite this horrible oppression on them, the tribals of India havegenerally (though not invariably) retained a higher level of ethics than the non-tribals in our country. They normally do not cheat, tell lies, and do other misdeeds which many non-tribals do. They are generally superior in character to the non-tribals. It is time now to undo the historical injustice to them.  Instances like the one with which we are concerned in this case deserve total condemnation and harsh punishment.

With these observations the appeal stands dismissed.

…………………………..J.   (Markandey Katju)

………………………….J. Gyan Sudha Misra)

New Delhi;

5th January, 2011

Related Articles

One Response

Subscribe to comments with RSS.

  1. Babubhai Vaghela Ahmedabad said, on February 24, 2011 at 18:48

    Those who parade Tribals naked; those who protect the culprits & those who lament shedding crocodile tears have all committed and continue to commit atrocities on Tribals whether Tribals are educated or otherwise. That include even Prime Minister & President of India.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: