Thursday, November 24, 2011

[ZESTCaste] In Tamil Nadu’s southern districts, prisoners are segregated by caste in jails

http://www.openthemagazine.com/article/nation/caste-in-prison-stone

12 November 2011
Caste in Prison Stone
In Tamil Nadu's southern districts, prisoners are segregated by caste in jails

BY Shahina KK

DISCRIMINATION

In the political biography of Tamil Nadu, conflict between Dalits and
other backward castes (OBCs) is a chapter that is still being written.
Not only is untouchability still widespread across the state's
southern districts like Ramanathapuram, Thoothukkudi, Thirunelveli,
Madurai and Dharmapuri, there have been frequent clashes since the
early 1990s between Dalits and Thevars, an OBC community with
significant presence in the region. Just last month, violence in
Paramakkudy claimed the lives of seven Dalits.

Observers recall 1995 as a year that saw tensions take a turn for the
worse. As many as 50 Dalits were killed by Thevars over the next two
years. The attacks, though, were not one-sided; an equal number of
Thevars were killed by Dalits in retaliatory violence. The atmosphere
was so charged with caste politics that speaking up for justice was
not easy. Chandrashekar, chief of the Pallar Cultural Development
Forum, which ran a campaign against anti-Dalit atrocities, was forced
underground after his name turned up on the police list of 'wanted'
men. Popularly known as Tamil Maran, he was finally picked up by the
cops in November 2000 on a visit home to attend a family function. He
spent a year locked up as an undertrial. In 2006, he was nabbed again
for violating bail conditions; this time, he spent a year-and-a-half
behind bars.

Tamil Maran's activism was the outcome of his bitter experiences of
discrimination since childhood. Dalits bore the brunt of the worst
attitudes; they were served (if at all) at eateries in separate cups
and plates, kept off public roads, and not even allowed to ride
bicycles, let alone use or own a vehicle. If Tamil Maran had hopes of
jail being different, they were soon quashed. Caste followed him into
prison. He was incarcerated at the Palayamkottai Central Jail in
Thirunelveli, one of the districts worst hit by caste violence. There
was only one noticeable difference from the outside world—the low
likelihood of inter-caste violence. This was for the simple reason
that prisoners were segregated by caste into different blocks.

But that didn't mean no discrimination. Maran says he was beaten up
for no reason by members of the jail staff who were Thevars. The food
served in his Dalit block was scarcely edible and hardly enough to
quell his hunger. His access to books and newspapers was restricted.
His visiting time for friends and relatives who came calling was
curtailed. He had to work, but was not paid. And he was deprived of
medical attention. "Prison life does not offer anything to reduce the
sense of [inflicted] violence," he says, "It only flares it up."

There are 1,600 prisoners in Palayamkottai Central Jail, and the
segregation in this facility is very efficient. "Thevar, Nadar and
Dalit prisoners are put in different blocks," says Selvaraj, a
constable who has been working there for a decade. "In this jail,
[caste segregation] is inevitable. How can we mix up people from
different castes? It is impossible. We cannot manage the violence
[that will occur] if we do so."

+++

It is not just in Palayamkottai that prisoners are sorted by caste and
jailed apart. "In most jails across the southern districts, inmates
are divided on the basis of caste," says R Alagumani, a lawyer
practising at the Tamil Nadu High Court's Madurai bench who has
initiated a number of public interest litigations for prisoner rights,
"But in Palayamkottai, it is formally approved." Segregation by
itself, he says, would not be so terrible if some sense of equality
were to prevail across all blocks. But that is not so. Alagumani says
that Dalits cannot be humiliated any more than they are inside prison.

"There are eight blocks with 30-35 cells each," says Tamil Maran, as
he sketches the structure of Palayamkottai. The fourth block, far from
the main building, is for Dalits; Thevars, Nadars and Muslims are all
in different blocks. If prisoners get unruly, one form of punishment
is to place a guard of a 'rival caste' in the block. So, if knuckles
need to be rapped (so to speak) in a Dalit cell/block, Thevar
constables are deployed there. Serious misbehaviour attracts a
punishment that can make the hardiest break into a cold sweat: being
put into the cell of an antagonistic community. "The jail authorities
only try to widen the gap between communities and aggravate the
abhorrence they feel for each other," says Tamil Maran, "They exploit
the volatility thus created."

What happens in jail, however, only mirrors what happens outside
during caste conflicts, according to Rajiv Rufus, a lawyer practising
at the Madurai bench. "This is a strategy used by the government
whenever caste violence erupts in these parts of Tamil Nadu," he
alleges, "Thevar cops are deployed in localities where Dalits live in,
and vice-versa. This only escalates the violence."

There is another pattern that plays a role in this insidious game.
Among Dalit prisoners, leaders suffer the most grievously. In 2009, M
Bharatan, a Dalit activist running an organisation called Human Rights
Council, was hauled off for his alleged involvement in the murder of
three Thevars in Thirunelveli. He recounts his days in the lock-up.
"Our community leaders were under strict surveillance inside jail," he
says, "They were not allowed to mingle or even to talk to one another.
They closely monitor what we do, talk and even read." And Dalits are
systematically kept away from others. Bharatan remembers an
announcement asking prisoners to enrol themselves for yoga class. "I
expressed interest, but was rejected," he says, "They said there are
'other people' and I was not supposed to be there." His one-and-a-half
years in prison taught him that the authorities only want to fuel the
rage: "Two sets of jail rules exist in the prisons of Tamil Nadu's
southern districts—one for Thevars and another for Dalits."

Tamil Maran offers details. "At the film screened twice every week,
the first show is always reserved for Thevars. While Thevar prisoners
are free to use mobile phones, Dalits are not. While Thevars do not
have too many restrictions on visitors, Dalits are given a separate
place where officers often interfere with warnings that 'the meeting
time is up'; Dalit women visitors have to endure long waits, even
gross insults. Dalits don't even get letters in jail—the authorities
either tear them up or open them." The exclusion of Dalits is
painfully evident in matters medical. "Dalits have no access to the
prison hospital," continues Tamil Maran, "If a Dalit prisoner is sick,
he is only provided some pain killers. If a Dalit prisoner is
seriously ill, he is taken to the nearby government hospital, but not
the prison hospital. Doctors visit inmates every week, but they hardly
step into the blocks reserved for Dalits."

Unwilling to put up with all this, Tamil Maran got a special order
from the High Court to access books that the jail authorities would
not allow. "They had banned me from reading," he says, "I had no
option but to go to court." Jail officers then began keeping a
checklist of the books he read— "I have read all the books of Ambedkar
available in Tamil"—and subjecting him to long interrogations on what
he had learnt.

+++

Meanwhile, Selvaraj, the Thevar constable in Palayamkottai, claims
clarity on who is to blame for all the tension. To his mind, 'they'
are a nuisance. "They make a mess of things even for small reasons,"
he says of Dalits, "They often complain about the quality of food and
absence of electricity." He refutes charges of discrimination as
baseless. "I have nothing against them, but they unnecessarily create
problems," he adds, "They are organised. I am scared of being
attacked."

Selvaraj is not entirely inaccurate in his assessment of Thevar
fear—while they often enjoy the favour of jail authorities, they are
also scared of being attacked by Dalits.

"I am very careful whenever I have to meet somebody from the 'other
community' in jail. Why should we invite trouble? They are waiting for
a chance to create problems. The officers always help us—that is the
only relief," says a Thevar convicted for murder who is lodged in the
Palayamkottai jail.

Karuppuswami, a 34-year-old auto driver who was freed a few months ago
after serving a ten-year sentence for murder, says he was scared of
Dalit inmates and glad he was imprisoned with fellow Thevars. "I had
the experience of being ill treated by cops of their caste. I was
confident that our police would help me if I was in need," he says. As
it turned out, his caste affiliation did come of help; once, on being
caught for using a mobile phone, all he suffered was having his
handset confiscated—easily replaced when his sister made her next
visit.

And so, caste segregation persists in Tamil prisons. "Caste-based
separation of the inmates is a matter of convenience," says Dr Krishna
Swami, a legislator from Thoothukkudy district. "This is not a
desirable practice, but we should see the practical side of things,"
adds the Assembly member who started his political career as a Dalit
rights activist.

Alagumani is not convinced. "It is against the spirit of the
Constitution," says the lawyer, "Dalits in prison are subject to all
sorts of discrimination. It does not help in healing and only
escalates the animosity."


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