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Essay: The Relationship between Human Rights and Multiculturalism

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"DISCUSS AND REFLECT ON HOW HUMAN RIGHTS AND MULTICULTURALISM ARE RELATED.”

This essay explores the relation between human rights and multiculturalism. In this paper, based on the secondary information and review of literatures, I will argue that human rights and multiculturalism are compound discourse that have different meanings and effects depending on how, and by whom [actors], they are deployed. Yet, they are related in the way they manifest in degenerating politics, [dis]empowerment, and regulation (Speed, 2005). In this paper, the caste system in Indian societies is taken as a case to discuss and reflect on the relationship between human rights and multiculturalism.

Definitions of terms:

The term “multiculturalism” in this text means the existence, acceptance, practice, and/or promotion of several culture within a single jurisdiction. A multicultural society is known by the fact that it constitute of “the orchestra of the human race” (Wojciechowski, 2012) where various groups are equally valuable preserving its diversity and function well in a society

“Human rights are rights inherent to all human beings, whatever the nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. Each individual is equally entitled to human rights without discrimination” (United Nations Human Rights OCHA, 1996)

Introduction

Schirmer (1988) poses questions to those who standardize human rights that, to what extent and at what cost do they press their own cultural logics and moral views? However, the standards are a general outcomes of “intellectual discussions” and those who practice this standards should understand the use may vary enormously (Schirmer, 1988). The indigenous people often the vulnerable ones, should be recognized and treated in a special way but everyone ought to abide by the moral principle despite of diversity (Schirmer, 1988). The concern to protect human rights compel to go beyond inter, intra and multiple actors in the society that seeks to deal with domestic and international laws. Actors contribute to identity. Identity is made up of religion beliefs, political ideology, ethnicity and caste system. Within one identity there are multiple identities in themselves. An individual can have several identities at the same time and the changes relative to context.

Setting the scene: The caste based system in India

In this paper, I intend to take example of the caste system in Indian Hindu society. In Indian societies, discrimination exists based on the identity like “Hindu or Muslims based on religion”; “lower caste or upper caste based on social stratification”, “lower class or upper class based on economy”. In 2016, 40,000 caste related crimes were reported in India and the majority were attack on the “Dalits” for accessing public and social spaces or amenities (Wu, 2018). In Hinduism, there are four class in the caste system with “Shudras” at the bottom rung and Brahmins at the top [see figure 1]. The Shudras are the “Dalits” and are known as “untouchables”. Inequalities based on this categorization still exist in modern India despite that, Dalits are protected by the Indian constitution and laws. Discrimination is observed as a daily reality by 24.4% [approximately 201.4 million as per census 2011] of the Indian population as per Office of the Registrar General & Census Commissioner, India. A report by Amnesty International (2018) reports several abuses which of that have been fatal due to the use of public water services, eating in a restaurant operated by higher caste, attending same temples etc. In the report it states that the Dalits are deprived of education and job opportunities. Dalits are even deprived of the right to assistance at times of emergency due to natural disasters (Divakar & Singh, 2017). They are often the victims of violence, exploitation, abuses, harassment and discrimination.

Multiculturalism as an element of societies

Multiculturalism is far more complex and has become a proxy for issues that are socially and politically motivated like identity, working class-decline and reservations. In India, after independence from the colonial system the caste system was abolished, and every citizen was provided equal status. They implemented “reservation policy” that encouraged the lower caste to have access to education, government jobs and represent in the house of Parliament. Despite of this fact, the caste system still retains a tremendous impact in rural areas, offices and even in schools and colleges (Wu, 2018).  Even though, the idea of multiculturalist societies evolved from the past, this ideology is yet to be grasped heuristically.

Multiculturalism in a given society is perceived through the state’s policies that targets to eradicate social tensions due to ideology, movement, doctrine beliefs and nevertheless ‘the varying identities’ with which an individual is known in the society. A present multicultural world is said to be the coexistence of several cultures, caste, creed and state building conscious creation of society, whilst idealizing the mixture over the process of homogeneity (Wojciechowski, 2012). In the case of India, the strength lies in giving special attention to the issue that hinders growth, right to participate and practice their religion.

In a multicultural society, the politics of equality is important and it is articulated at several interrelated levels that starts from equality of respect and rights ranging up to opportunity, accessibility to resources, self-esteem and to as supreme as equality of power and well-being (Parekh, 2006). As said, identity is dynamic, and it changes so does the way people are treated in the society. Being from economically strong group or higher caste are treated in different ways than those with vice versa status quo in the society. At the same time it is also difficult to decide what is equal treatment or how the term ‘equality’ is defined in certain context. Parekh (2006) assumes that despite of different treatment to individuals or groups the state might represent different ways of realizing a right or opportunity but still be equal, if, because of which none of the parties involved are worse-off. In a multicultural society of India with all the myths, traditions and pre-conceived sets of ideology one group of people might demand not only different but additional rights also, which is the need, and these are accepted to promote a certain groups so that they can compete to achieve collective goals. These groups are the marginalized and have been in oppression since ages due to the “caste” that they possess by birth.

In a multicultural society these are worthy with the belief that these additional rights in the form of “reservations” supports political integration, encourage cultural diversity and pave path for social harmony and encouragement (Modood, 2013). However, the process will sometimes be a recipe for disharmony and disorder in the society that might result to serious violations of human rights. The two broad patterns of cultural diversity presented by Kymlicka (1995) the first one is the “National minorities” and the second is “Ethnic groups” who are immigrations. The national minorities are the ones that wish to remain within the multicultural societies and demand various forms of self-regulatory to ensure that they belong to the culture who practice same religion yet segregated. The case in India is an example of the “National minorities” to the pride of belief over discretion that make moral and political sense (Modood, 2013; Parekh, 2006). These additional rights to the ‘Dalits’ or the disadvantaged groups are meant to equalize them with the so called ‘elites’ groups that they are known to be the elites only because of the caste that they possess by birth. The liberal’s theorists will insist in enjoying equal approach despite of their circumstance which leads to activism. In this side, the support is less as most law makers, standard setters choose to take the soft corner for the disadvantages.

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Human rights as the hypothesis of “multicultural” societies

In multicultural societies human rights establish undeniable basis for any significant political culture. Everyone behaves in a way that they are aware of the basic human rights and what they stand for. It is significantly important to protect and safeguard the dignity of human beings (UN General Assembly, 1948). The Universal Declaration of Human Rights (UN General Assembly, 1948) were taken into account for establishment of specific mechanism to protect the rights of people. The document mentions that human rights should be protected by a legal system that human beings shall enjoy freedom of speech, work and belief that promotes social progress and establish well-being in the society. In India, it has been seen that it is the non-government stakeholders who advocate for preserving the rights of the people and activism is one of the tool they tend to campaign through to make their voices heard. Tibbitts (2017) states that activism is first oriented towards government actions including their representative with respect to establish law and orders and eliminate human rights violations. These activisms are the human rights movements which have the power to influence political and legal environments. “Backward Caste/Class Movement” that emerged among disadvantaged section of society spread and took the shape of national movement in India. The issues of education, employment and special rights to the Dalits remained the dominant strategy of the movement (Kothari, 1994). These movement are oriented around the elimination of human rights violations with their own jurisdiction, misbehaving among the same nationality but different “caste”, restricting from use of sacred places, temples, basic amenities, disrupting the access to military services, government jobs, business, education. The voice to secure these rights has been in rise since post-independence phase for securing dignity (Kothari, 1994; Wu, 2018).

Human dignity is inherent, regardless of religion, nationality, caste, ability, economy or background etc., it is of non-gradable; it is independent of the nationality, ethnicity, gender or mental, physical abilities of human being (Forsythe, 2013; Wojciechowski, 2012). The fundamental beliefs is that as human beings through different they are equal. All the citizen in the multicultural society has the right to practice their culture, access public amenities, sacred place and should be able to participate in all sorts of governmental and military jobs. Dignity constitute indispensable basis for construction and restructuring law, politics specially in a democratic country like India where the constitutions secures the basic rights of all citizens irrespective of their class, creed, gender, geography etc.

Conclusion

The fundamental value that the rights of an individual are based evolves from dignity. Dignity ensures treatment of all people as equal that is enough to formulate the universal human rights on these values. In Indian societies, the social construct based on caste system results in formulation of special policies for the ‘disadvantaged’ and the ‘oppressed’. This leads to diversifies variety of group rights in a multicultural society. The elements that has been described originates from “the difference due to the caste system” and “securing one’s dignity” where the former seeks for a non-discriminatory society whereas the later believes the value of different identity that deserves equal recognition but not necessarily equal treatment (Schirmer, 1988). This human rights issues generates ideas that opts for multiculturalism.

References

Amnesty International. (2018). Annual Report, India. Retrieved from https://www.amnesty.org/en/countries/asia-and-the-pacific/india/report-india/

BBC. (2018). Eight dead in massive India caste protests.   Retrieved from https://www.bbc.com/news/world-asia-india-43616242

Divakar, P., & Singh, R. K. (2017). During disasters, Dalits are systematically excluded from relief and rehabilitation efforts. Retrieved from https://counterview.org/2017/05/22/during-disasters-dalits-are-systematically-excluded-from-relief-and-rehabilitation-efforts/

Forsythe, D. P. (2013). On Contested Concepts: Humanitarianism, Human Rights, and the Notion of Neutrality. Journal of Human Rights, 12(1), 59-68. doi:10.1080/14754835.2013.754294

Kothari, R. (1994). Rise of the Dalits and the Renewed Debate on Caste. Economic and Political Weekly, 1589-1594.

Kymlicka, W. (1995). Multicultural citizenship: A liberal theory of minority rights: Clarendon Press.

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