贱民阶层定义的Assignment

贱民群体是一种社会实践，人为的划出一部分少数群体，把他们看作是“各种各样被污染的”人群，而将其从主流主流社会分离出来。被排除在外的群体可能是一些不被接受的人或者是历史上的人，包括外国人、游牧部落、犯罪者和罪犯。这种排除法是一种惩罚违法者的方法，也保护了其他人不受陌生人的接触。排除组的成员是一个贱民。有人说贱民是社会中最低推崇的人，他们的表现在其他社会阶层看上去是不洁的行为。谁生来就是干净的，会打扫的，皮革制革的工人被视为是不适合待在人类社会的。在公共的井里打水是不被允许的。

这个词是由葡萄牙人开始广泛使用的，用来表示印度社会的分层，他们认为该系统的目的是保持纯洁的血统。该系统很特殊，很复杂，没有一个令人满意的定义。因此，我们发现学者之间没有一致的的看法。森纳特说，种姓是隐秘的，非公开的，并且不管任何严格的遗传性。它配备了确定的传统性和独立的组织性，包括一个总理和一个理事会，在大会的会议上有着不充分的权力。

Untouchability is the social practice of casting out a minority group by regarding them as "ritually polluted" and segregating them from the mainstream. The excluded group could be one that did not accept the norms of the excluding group and historically included foreigners, nomadic tribes, law-breakers and criminals. This exclusion was a method of punishing law-breakers and also protected against contagion from strangers. A member of the excluded group is known as an untouchable. The people who are said untouchable are from that section of society which is not only held in the lowest esteem, but which is behaved by the other castes as unclean. Who are found to be the sweepers, cleaner, and leather tanners are considered as unfit for human society or co-mingling. They are not permitted to take their water from the public wells.

The word caste was loosely used by the Portuguese to denote the Indian social classification as they thought that the system was intended to preserver purity of blood. The system is such a peculiar and complex thing that no satisfactory definition is possible. Hence we find no unanimity among scholars on the subject. Senart states that 'a caste is a close corporation, exclusive and in theory at any rate rigorously hereditary. It is equipped with ascertain traditional and independent organization, including a chief and a council, meeting on occasion in assemblies endowed with less full authority.

According to sir H. Risley, 'a caste may be defined as a collection of families or groups of families bearing a common name, claiming common descent from a mythical ancestor, human or divine, professing to follow the same hereditary calling, and regarded by those who are competent to give opinion as forming a single homogeneous community .the name generally denotes or is associated with a specific occupation. A caste is almost invariably endogamous in the sense that a member of the large circle denoted by the common name may not marry outside that circle, but within the circle there are usually a number of smaller circles each which is also endogamous.' The 'untouchables' have been referred to as Schedule Castes and Schedule Tribes. Local names for the 'untouchables' are in different parts of India and known by different names: Bhangi, Pakhi, Chandal, etc. Mahatma Gandhi called them Harijans, which means children of God. It is still in wide use especially in Gandhi's home state of Gujarat. Harijans are now Dalits, which means broken people.

Historical background: 历史背景

Hindu culture was made of four castes according to work of people. There are the brahmins, the highest or scholarly people, kshatriya, the caste of the ancient kings or warriors; the vaisya,
the farmers and traders; and the sudras, laborers. The people, who come under the sudras caste, are treated with disdain, but not as outcasts. Today, the caste system is become more complicated and having many subdivisions, each forming a social organization whose function is to protect caste members. In Manu Smriti there is written that the first part of a Brahmin's name should denote something auspicious, a Kshatriya's name should be connected with power, and that a Vaishya's name should reminds wealth. The first part of a Sudra's name should express something contemptible and the second part should describe the service, because of the Sudra's low origin. According to Hindu practice, only the upper castes are given right to study the Vedas. 'If the Sudra intentionally listens for committing to memory the Veda, then his ears should be filled with molten lead and lac; if he utters the Veda, then his tongue should be cut off, if he has mastered the Veda his body should be cut to pieces' says the Manu Smriti. In the epic Ramayana, after Lord Rama's return from exile, a Brahmin accuses him of causing the death of his son by his toleration of Shambuka, a Sudra who recited the Vedas. In order to control the situation, Rama finds Shambuka and killed him. The Brahmin boy got life again. In Manu Smriti different punishments are given for the same 'crime', depending on the culprit's caste. If this much punishments were for the Sudras, what was the treatment reserved for the 'untouchables' who were outside the caste system, and placed even lower than the Sudras in society. In the 1500s, during the rule of the Marathas and the Peshwas 'untouchables' were not allowed within the gates of the Poona between 3.00 pm and 9.00 am. The reason was that during this time their bodies were casting long shadows, with the reason that the shadow of an 'untouchable' might fall on a Brahmin and pollute him. An 'untouchable' used to carry an earthen pot around his neck so his spittle might not pollute the earth by the shadow. In Maharashtra an 'untouchable' wore a black thread either in his neck or on his wrist for ready identification of upper caste people, while in Gujarat a horn was being worn for identification. It must be remembered that Dalit does not mean Caste or low-Caste??or poor; it refers to the deplorable state or condition to which a large group of people has been reduced by social convention and in which they are now living.

Protection under constitution: 宪法制度下的保护情况

India's government and legal system when dealing with dalits or 'untouchables' is fraught with contradiction. This is evident in the disparities between upper and lower castes, in terms of economic and political power, and is a consequence of the States differential treatment of these sections. The Indian Constitution - the writing of which was chaired by the most powerful dalit advocate for dalit rights, Dr. Ambedkar embodies civil and legal rights providing for non-discrimination. However, secular legal and constitutional structures are contradictory to the prevalent ancient Hindu law: religious, social and economic practices that involve a discriminative hierarchy based on hereditary social status, occupation and ritual duties. Stratification of society benefits the upper classes as it secures positions of economic and social power, and allows the exploitation of the lower castes; Hindu beliefs and law sanction this. It is therefore not in their interest to remove discrimination by the implementation of the constitutional principles and laws in favors of the dalits. The Indian state hasn't, to date, taken a serious approach to the betterment of the dalit situation because it is essentially aligned with the upper castes. The provision of reservations for government seats, employment and higher education has improved the living standard of some dalits, yet most remain in poverty. Reservations provide positive discrimination; ironically this also stereotypes dalits, resulting in their continual segregation in society. The state has not successfully provided due access to education, equitable employment, ownership of land and legal protection to break the cycle of caste based oppression. Dalit political parties and movements for the assertion of rights and self determination have been numerous and varied, but have been successfully quelled by the state and upper castes through the use of political power, violence, and police intimidation, all contrary to the constitution.

Hindus maintain the caste system because their religion requires them to do so, and caste is a characteristic of Brahmanism, the Brahmans being at the top of the system.1 Dalits, as they will be referred to here, are a sub caste of people at the bottom of the Hindu social and religious hierarchy called Varna Dharma; due to polluting nature of their occupations which include

handling dead animals, cleaning, and jobs to do with human excrement. They are forced to behave in de-humanizing ways such the eating of excrement. The interaction of the castes and

 jatis, or endogamous sub divisions relating to occupation, is known as the jajmani system. Hindus have relied on this system to divide labour, social and commensally relations and ensure economic and social co-operation.2 On every level the dalits have been discriminated against, and subordinated into servitude.3 Ambedkar in his leadership role in the Indian constituent assembly sought to erase the oppressive caste system by raising dalit awareness and empowerment through provisions in the constitution. Article 15 and 17 prohibits the practice of untouchability and discrimination based on caste.4 In hindsight, these basic aims seem too lofty to be realized, given that dalits still remain disenfranchised in relation to the implementation of these articles. Forty years later, writing in 1994, Dr. B.D Sharma describes the Indian micro-universe as separated into the 'first world,' where people exercise their rights and have access to courts and police for protection under the law and 'the other world' where people do not.5 The first world comprises of only 15-20% of the population and the other world makes up the majority of 'disinherited' and exploited people.6 In addition, The Civil Rights Protection Act, 1955, intended to abolish disabilities associated with backward classes including dalits. While creating an atmosphere where the inequalities suffered by the dalits have been publicly condemned, the constitutional measures have been rendered ineffective as they are mostly ignored in practice.7 Dalits make up 77% of agricultural labour which is classified as unskilled and unorganised. In the urban setting, they are labourers in construction, scavengers and sanitation workers, also falling into the unorganized category. Wages in the organized sector are regulated by the State so that they rise with increased prices, and are adequate enough for one wage earner to sustain a family. Labourers bear the brunt of the disparity between organized and unorganized sections. Violations of minimum wage, set very low in the first place, and payment in kind are common, and go unchecked.8 Consequently, one wage cannot support a family and children and the elderly are forced to work, children don't go to school and are trapped by poverty.9 The State allows illegal labour practices because exploitation results in economic benefits for landowners and employers who are mostly upper caste, if it should interfere, more dalits may be able to enter the organised sector, and thus this exploitable labour resource would be drained. Although this massive failure of participation in the organised economy could be corrected by affirmative action policies, these have also been insufficient.