Democratic & Administrative Reforms

[Guest]

http://www.sulekha.com/blogs/blogdisplay.aspx?cid=39392

very interesting idea.

<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Caste Panchayats for Development
by:   Raamesh Gowri Raghavan on Nov 18 2005 2:07PM in
With the UPA’s Common Minimum Programme talking of a future Telengana state, economic disparity has now joined language (Andhra, Maharashtra, and Haryana) and cultural differences (Uttaranchal and Jharkhand) as a criterion for creating new states. However the strongest denominator of identity for an average Indian still remains caste, the basis on which he or she marries and votes. Yet, caste will never become a state making factor, since most castes are spread over large areas sharing them with other castes. Elections see the importance of caste-based bodies making or breaking the electoral fortunes of parties and candidates by issuing diktats to their caste folk, like the Jat Panchayat of Rajasthan. Several castes are politically organised and represented by parties such as the Samajwadi Party (Yadavs) and the PMK (Vanniyars).

    Our constitution strongly proscribes casteism, which has been the root of several ills that plague our country. Yet, years of socialism, egalitarianism and affirmative action have done naught to blur caste boundaries or ameliorate discrimination, or even to substantially improve the economic conditions of backward castes and tribes. Perhaps it is time to turn the matter on its head, and attempt an experiment that co-opts caste organisations into development and democracy?

        Indeed it is happening somewhat, albeit unofficially. Several caste-based organisations are in existence today, which run educational and charitable institutions across the country, trying to improve the conditions of their caste folk. The sterling example that comes to mind is of the Parsi Panchayat of Mumbai, a registered body that administers to Parsi communal property such as agiaries and towers of silence and provides housing to poor Parsis. Another well-known example is the elected Shironmani Gurudwara Parbhandak Committee (SGPC) that administers Gurudwaras and acts as a social organisation of the Sikhs. On the other side is the ‘Jat Panchayat’, a tightly-knit body of ‘elders’ whose writ runs across the Jat community, without any recognition by law. Community organizations exist on smaller scales in several cities of the country, either running ‘minority educational institutions’ or as Sangams, Balagas, Sabhas etc. organizing cultural events.
      
        The flip side of many of these ‘panchayats’ is that they are currently undemocratic, often of self-designated ‘elders’ with vested interests to protect. Many such, especially in the north of the country, have chosen to uphold outdated and exploitative ‘traditions’ in the name of caste ‘honour’, rather than foster a modern and rational outlook. This has only increased inter-caste discord. Honour-killings ordered by illegal panchayats have led to several eminent citizens demanding a ban on them.
      
        Instead, legalizing these ‘panchayats’ under a comprehensive new legislation would be a better solution. Such an act must enable caste members to effectively organise themselves under the Registrars of Charities just as any other association. Voluntary membership and democratic election of the executive committees must be the norm. This must be supervised by the State or Central Election Commissions. The charters of these bodies must be published and made widely accessible to all members in the appropriate caste language. The government must recognize these bodies as the trustee of properties such as educational institutions, dharamshalas, orphanages etc owned by the caste, and also ensure that no negative discrimination (but allowing affirmative action within reasonable limits) takes place. Instituting the democratic process within a caste’s membership under the aegis of a ‘panchayat’ would also help in putting an end to feuds, factionalism etc that lead to violence, and also end disparities between rich and poor members of the caste by giving all the same voting power. Such bodies would also enable the weaker and backward castes and tribes to form effective lobbies (on the principle of collective bargaining) while dealing with State and Union governments over issues pertaining to livelihoods and traditions (that are not illegal). This will also enable a gradual phasing out of reservations.
      
        However these bodies must respect other caste bodies and therefore those castes, and even more, the primacy of the state. A panchayat of panchayats can be formed, which would encourage democratic and civilized discourse among castes. Finally we must be able to evolve to a state wherein the present (and illegal) vertical hierarchy among castes is replaced by a horizontal system of equally ranked communities. Though caste bodies may be vested with the right to codify and administer traditional caste conventions, these must not contradict legislated law, or the basic freedoms and rights accorded to all citizens by the Constitution. Such rules cannot be binding on the caste members, except those required for intra-organisational discipline. These panchayats must submit to the jurisdiction of the courts, whose word must be final, and the State or Centre must be given the right to supersede these bodies when necessary, similar to Article 370.
      
        Inter-caste marriages and water sharing cause the most friction among communities, so the suggested caste panchayat legislation must include special provisions for these. Water is a national resource that must be unconditionally available to all citizens irrespective of caste, and only quantitative restrictions per person may be permitted for conservation reasons. Similarly any Indian citizen is free to marry whomever he/she chooses, and the caste panchayat should have no jurisdiction over marriages, except arbitrating over customs. No person marrying outside his/her caste can be expelled or coerced to resign his/her voluntary membership, nor must any person marrying into a caste be coerced into membership or excluded against his/her will. Membership of a caste panchayat must be strictly voluntary, with eligibility criteria being birth or marriage into that caste or tribe. Caste laws cannot apply to a non-member of a panchayat.
      
        Caste panchayats must be encouraged, morally and financially, to promote education, modern healthcare, gender parity, entrepreneurship and rational thought among their members. The states must recognize them as the sole interlocutors on matters pertaining to caste particulars, and also simultaneously crack down on illegal unelected panchayats. Such measures will ultimately lead to democratization of the various castes and tribes of India. Democracy can only be a good thing for inter-caste harmony and all-round development of all of India’s people without compromising on their identity and self-esteem.<!--QuoteEnd--><!--QuoteEEnd-->