Ngangsu Kawruh

India is a good and interesting example of democratic country in Asia. It’s a country with Hindu devotee majority, but it has a moslem President and Sikh Prime Minister.

But India also an interesting example, how weak a good constitution facing a tradition legitimated by faith and scripture. How barren state law in the hand of upper caste and upper class.

Let see the Constitution of India. On article 15 and 17 mentioned:

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

17. Abolition of Untouchability.

“Untouchability’’ is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability’’ shall be an offence punishable in accordance with law.

But in field, in practice, we can see the opposite of that. Discrimination based on caste system, religion, still goes on.

According to Rig Veda, Hindu scripture, there is a caste system called Varna. Its has four main castes: Brahma, Kshatrya, Vaysha, and Shudra. Out of that called Panchamas, untouchable people, and most popular by Dalit people. And there are hundreds sub caste in every level of caste, even in Dalit people. The consequences of this Varna system are differences between castes on whole aspects of life: religion, marriage, occupation, mobility, diet, contact, political participation, and education.

And the existence of the system also related with many factors and many aspects. In my reflection and learning, there are several roots why so difficult to abolish the discrimination because of caste system.

The first root of that system is because of the system is a part of religion and belief. As I mentioned before, this system was starting with Rig Veda, the main scripture of Hinduism.

Some thinker and academist belief that it’s not about Hinduism. Its just about one interpretation of Hinduism. For them, we can interprete that the meaning of caste system in Rig Veda is like a job description or division of labour among people, and it’s not discriminative.

But if so, why the belief is so strong and deep? I think, its because the interpretation represented by a text, book called Manusmrithi (The Law of Manu). Eventhough Manu, Hindu thinker, just live in the middle of Hinduism era, but the book was very influence, and Hindu people consider that Manusmrithi is Hinduism itself, or the true interpretation of Hinduism. I think, more than interpretation, Dr. Ambedkar (the father of Indian Constitution and the Dalit who struggle for abolish a caste system in the modern era) gave us an example that the root was Hinduism itself. Dr. Ambedkar converts to Budhism to show people that the main problem is religion, Hinduism.

Above all, bibliolatry or text minded drives a religious devotee to be a blind follower. The truths are come from religious leader. And in Hinduism context, because the man who has access to scripture is only Brahmin caste, they have big chance to rule the lower caste, according their interpretation on scripture. The Manusmrithi declared “Even by mistake if a lower caste person hears the Vedas, molten lead should be poured in his ears” and “his tongue should be cut off if recited the sacred verses.”

There is also fundamentalist Hindu who create a movement called Hindutva. It is consider that India is Hindu country, and should ruled by Hinduism way.

The second root, because of strong belief and applied for a centuries, the system became a culture, not just a belief and religion value. That’s why even in Islam and Christian community there are Dalit moslem and Dalit Christian. This fact is very strange. I think in the Christianity no hierarchy based on colour and caste. Also in Islam. It is difficult to understand that the moslem community also apply the untouchability.

We can say, that is a culture of oppression. The upper caste, and also the Dalit people consider that this system is naturally happen, and they establishing it go on in this way.

The third, education. This problem makes a circle and sustainability of discrimination. Most of the Dalit community has a problem with illiteracy and less education. And because of that, it’s difficult to change their bargain in the rest aspects of life.

The forth, low consciousness and awareness among Dalit people. There are hundreds sub caste among Dalit people, and among them, there is also another discrimination. Some of those sub caste also get a gain and profit with this system. It is difficult to create a unity among them in order to challenge and abolish whole caste system. It is also because of low education and culture of oppression.

In term of relation between government and citizen, there are also many problems. They are:

The fifth, low consciousness about constitution and law enforcement. We can see that there are many legal reason and legal act to abolish the system. Beside The Constitution, there is also National Commission for Scheduled Castes to monitor the situation of Dalits, and Central and State governments also established SC/ST Welfare Departments. There is a Protection of Civil Rights Act, 1955. Also Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act 1989 prohibits certain types of atrocities committed against Scheduled Castes by non-Scheduled Castes/ Scheduled Tribes. Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Rules 1995 sets down protection mechanisms and bodies for effective implementation of the SC/ST (POA) Act and protection of Dalits. The Employment of Manual Scavengers and Construction of Dry latrines (Prohibition) Act 1993 bans the dehumanizing practice of manual cleaning of human excreta from dry latrines. And I think, as a democratic country, India has to obey a Declaration of Human Rights 1948 and International Covenant about human rights.

That’s all are more than enough as a weapon to push the country to take a responsibility with the discriminate causes in the name of of caste system and religion.

The sixth, high bargaining position of Hindu religious leader facing the government. The upper caste also dominating position in the government area.

The seventh root is related with external factors. It is less international campaign of NGO’s in term of media influences. In NGO context, there is also an irony: Usually, NGO activists had a very clear consciousness about human rights and anti-discrimination. Of course NGO have an average problem: bias and dependency. Many NGO working depend on funding agency. But in this case, there is a big irony: They have a campaign and work in human rights issues, and at the same times, they discriminate the lower caste community and establish discrimination among them. They have a campaign on gender equality, but in the same times, because they are from upper caste, they don’t want to talk about inequality among Dalit women.

There is also caste prejudice and stereotyping among NGO’s activists.

The eighth root related with global issue, in term of global capitalism. This colonization system not only affected in controlling economic system of country, but also establish the discrimination in developing countries.

Here, there is another kind of globalization impact, in term of establish discrimination among Dalit and untouchable community. It’s another fact about injustice: caste system make the lower caste people have no land and live in poverty, and globalization make them more suffer and discriminated. Most of them work as a farm or agricultural labor, because they have no chance to work in another aspect, and in the same time, globalization and modernization trough them out from that kind of aspect. Technology progress drive the farmer to use machines that more efficient and effective. Then, how about Dalit community? More suffer and hopeless. They’re become completely inhuman being.

Back Clash: Reservation

Because of campaign and struggle for Dalit liberation, especially in case debate between Mahatma Gandhi and Dr. Ambedkar on the way to abolish untouchability, government conduct an affirmative action called reservation. It is mean, in some regulation, Dalit people get a priority, to conduct equality between Dalit and upper caste people.

Not all Dalit community agree with this policy. It is because some reason:

First, instead of increasing quality, reservation establishing inequality. It is drive the Dalit people to satisfy with the low standard of knowledge, skill and ability.

Second, even tough it will give a big chance and opportunity, but it is also conduct the Dalit people become spoiled. For the future, it will make another problem.

In some upper caste perspective, reservation also drives a bad condition:

First, back lash. Because with lower standard the Dalit people will get a chance and opportunity, there are several cases that the upper caste declares themselves as a Dalit people, in order to gain that chance.

Second, injustice. It will be conduct injustice among upper caste. It is because the will lost their opportunity and it will be given to Dalit people, even with lower skill.

Third, less quality. “How can we give a pilot job with the man under standard of security flight?” It is the way they explain that the reservation conduct the quality of skill, education, and ability decreased.

In my opinion, the reservation needed as an affirmative action. It is mean that this policy should do as a temporary and contextual condition, not for permanent policy and not for all contexts.

Dalit Struggle: Liberation and Transformation

There are many groups struggle in that issue. There are also many improvements and changing in term of decrease the discrimination. But in fact, the discrimination still goes on and created another way. According to the root problems, we can make categories of Dalit Liberation and Transformation:

1. Based on Religion

It is the most important root of problem. In this area, within a Hinduism we should open the people’s mind to create a liberal and humanist interpretation of scripture. We need a recontextualization. It is the way Mahatma Gandhi did. But it must be done in whole interpretation of the scriptures. Because of modernization (in term of education and technology improvement), there is no more difficulties to access the scriptures. But this kind of modernization only has done in city and high class area.

Furthermore, if the recontextualization is an impossibility, and the conclusion is no another way to interpret the scriptures, the answer is to challenge the Hinduism itself. And Dr. Ambedkar did it, by converted to Budhism. It is a radical transformation.

There is also another example in the transformation. M.C. Raj, one of Dalit leader in Tumkur district, creates another spirituality and declared Dalit Religion to challenge Hinduism. Based on historical view and philosophical view, Dalit has their own spirituality and faith, different from Hinduism. There is also another fact from Dalitbahujan society, clearly mentioned by Kancha Ilahiah (Why I am Not a Hindu?), that Hinduism just came later. They have their own spirituality, even before they heard term “Hindu”.

On external context, Christianity and Islam also have a responsibility to challenge this culture. As we know, equality is the principal faith of Christianity and Islam. And most of Dalit people converted to Christianity and Islam because of that reason.

2. Based on Community

Tumkur movement is also a good example how the movement based on community gains a power and transforms the injustice culture. By declare that their spirituality is their politics, they become a powerful and strong movements. After 20 years struggle, they start to establish political awareness among themselves. They belief, political power is the way to gain a rights and equality.

But this transformation must be based on community awareness and local context. In another context of Dalit community, the Tumkur way could be create another segregation. It is because they create a new religion that challenges another religion. The facts, many Dalit people converted to Islam, Budhism, and Christian, and many of them also still establishing Hinduism as their religion.

And there are also other obstacles, especially to find a common goal among Dalit community. Sometimes, diversity among Dalit people creates a conflict among them.

3. Based on Global Awareness

Global human right, antidiscrimination, gender equality, and democratization movements, like or dislike, drive every country in the world to deal with some consequences. In this context, United Nation or regional association are important institutions.

Anti Vietnamese war, anti apartheid, and anti Americanism global movements are several example how global awareness drive and influence a local government to conduct a better regulation. It’s could became a radical transformation. Otherwise, International community will isolate the country.

4. Based on Politics and Law

As a democratic country, law enforcement and political participation are important issues in India. That why it has a good constitution and equal law. In term of transformation, it is need a movement to challenge an implementation of constitution and law. Principally, there is no one above the law, and also below the law. It needs campaign on constitution and law awareness. It needs a political education for the peoples.

A women movement in Goa is a good example to mention it. They built a good campaign and push the State government to conduct a law to abolish child abuse and sexual abuse. And by that, they conducted a control mechanism to make sure that the law is implemented.

* yang ini adalah tugas akhir di School of Peace, Bangalore, India, akhir April 2007

I often work with the interfaith people, especially in minority issues. Our basic common understanding is that we are live together in democratic country and law-basic state. Our constitution protects our religious and faith freedom. Its mean, every interpretation and faith has same rights to be exist in our country. We learn about diversity, plurality, and respect the others. So far, we can work together on any issues.

But I have not much chance to learn deeply about the other religion. I have concern especially in Islamic perspective. We make campaign on pluralism and unity in diversity. In my Islamic organization, we try to interpret Islamic values and Islamic scripture with peaceful and pluralist perspective. Usually, our perspectives are challenging the common moslem’s perspective. Then, the common Moslem usually blames us and considers that we are a part of Christian missionary or we are disturbing Islam from within. So, the common sense about pluralism issues is not a new thing for me.

But in this part of module of School of Peace on Faith, Religions, and Spirituality, I have much chance to learn deeply about another religion from their own perspective and experience. Also about peace perspective from different religions.

This reflective essay is not about detail of any religions. I want to focus on the religion that has two level of interpretation. The first one is form or formalism level, and the second is philosophical, spiritual, or theological level. It is a my reflection according our journey and our learning about Islam, Buddhism, Hinduism, Christianity, Jainism, Sufism, Art of Living movement, and Dalit Religion.

On the form level, we have a truly different cult, ritual, and claim of truth, and also different image on God. On this level, most of religion has a justification to create a peaceful world, and also to blame another religion or create hatred and violence each other. It is easy to find a justification from the scriptures that drive the devotees to live with another religion’s devotees in the peaceful and justice way, same easier as justification to fight each other. These facts drive us to battle each other in the interpretation area.

That why there are many story and news about violence, war, and battle by the name of religions and God. Islam has a “jihad”, Christian has a “crusade”, Hinduism has a caste system, and Budhism has“karma” to justify sacrifies and suffer.

On this level, sometimes we can’t understand why we should have a respect to another religion follower and consider that they are also having their own belief on truth. It is because logically, if we belief that our religion is the truth, the others must be wrong. It is a common logic.

This level represents religion as an institution. As an institution, religion has a flexibility to used as an identity and also as a political commodity. The consequently, people can drive the religion to gain a benefit and profit by interpreting its value as their interest. And because it has an holy aspects, it is easier for religious leader or politicians or religious seller to get the trust from a common people or devotees.

The second level of religion is philosophical, theological, or spirituality level. We can say it is level of the core message of God. For me, it is a next level from the form level. We can arrive to this level with an intellectual or liberal interpretation on the cults, rituals, and forms of religion. But usually, this level needs another way to interpret the religious value and scripture.

On this level, the truth among human being is a relative truth. The absolute truth is belonging to the God. The five blind person’s description of an elephant is good example to explain this value. When we compare the description from each person to others, there are many differents. But if we put all their descriptions together, we can get the whole picture of the form of an elephant.

We learn from Jainis leader, Swasthishri Charukeethi Bhattaraka Swamiji in Chandragiri Temple. Eventhough Jainism has also different ritual and cult, he believe that the main core of our life is in philosophic area. For him, this area is beyond religion and will overcome our differences.

We learn about this level also from Sufism. Sufism is part of Islamic interpretation which has view beyond the form. Usually, Sufism focuses on love, esoteric value as an ultimate goal of religion. The resource person there talks about story of Ustadz Dada Hayat and his value on Sufism and religions. He came to that hill village with Sufism spirit and drives the people there to live together, whatever their religions. He believes that every form of religions is truth and they can live together with no disturbing the form. Then, we saw there that the people have a different way to worship and have the same belief on God.

In this level, we also learn about Dalit Religion. Eventhough the religion have no belief in God, for me, it has a message of God. We learn from MC Raj, who wrote “Dalitology”, and Jyothiraj, his wife. This religion based on three dimension of spirituality: earth centric, body centric, and woman centric. This dimension makes human being more respectful with the nature, cell system in their body, and the most important, more respectful with the women. It’s a very rational and empiric religion. With that three dimensions, and learning from another religion that create an injustice and violence aspects, there is no specific rituals and forms. This religion based on about 3.000 year’s tradition in Dalit community.

This learning process drives me to understand and help me to choose a standing point to look diversity. Sometimes, we feel it is very difficult to understand and answer many question around us: how can religion create violence? How can a holy scripture mentions many legitimation for its devotees to make an injustice and bloody war? Why the God create a bad religion?

For me, it is because religion created for a common people with big differences. Religion creates a scripture than can be understood by a different level and knowledge of people. Then, we can choose one standing point in form level of religion, and find the answer from a peaceful and justice perspective by interprete the scripture or religious form with another way. But sometimes, we cannot overcome some obstacles in this level.

And, we also can choose another standing point, by steps out to another level of religion: beyond form level, beyond the religion as institution. For me, it’s more effective as a view to create peaceful and justice world.

Catatan: ini adalah tugas dalam School of Peace di Bangalore, India 2 bulan yang lalu. Tugasnya sih esai reflektif. Tapi jadinya amburadul gini. Itung-itung latihan nulis bahasa Inggris.

Pada 14 Oktober 1956, Dr Bhimarao Ambedkar, bapak konstitusi India, menyatakan keluar dari Hindu, agama yang melekat pada dirinya sejak lahir, dan memasuki gerbang agama baru, Buddha. Setelah melalui proses pencarian dan pengkajian yang panjang, hari itu dia sampai pada kesimpulan bahwa dirinya tidak bisa berharap lagi dari agama yang dianggap telah menjeratnya itu.

Bagi dia, hinduisme di India tidak bisa dilepaskan dari sistem kasta. Sistem kasta itulah yang menjeratnya sebagai warga Dalit (warga yang dianggap setengah manusia, di bawah warga berkasta).

Menurut Ambedkar, ketika agama melanggengkan penindasan, ia tak bermakna lagi sebagai agama. Ketika suatu agama tak lagi membebaskan kemanusiaan, jawabannya adalah tinggalkan agama itu. Secara simbolis, perpindahan dia ke Buddha merupakan bentuk perlawanan terhadap diskriminasi ratusan tahun yang dialami kaumnya.

Tentu tak semua warga Hindu sepakat dengan Ambedkar. Sindiran Ambedkar terutama ditujukan pada sekelompok kaum fundamentalis Hindu yang mengembangkan semangat puritan yang disebut Hindutva. Spirit Hindutva itu pula yang dianggap ikut melanggengkan konflik antaragama di India. Spirit tersebut menegaskan penegasian terhadap orang dan agama lain (otherizing). Bagi mereka, India adalah Hindu dan Hindu adalah India. Karena itu, penganut agama lain harus diposisikan sebagai warga kelas dua.

Meski Hindutva tak tampak dominan di tingkat Hindu-kota dan warga India modern, gerakan itu sangat nyaring disuarakan dan ikut memengaruhi pelanggengan konflik dan diskriminasi di seantero India, terutama diskriminasi yang berbasis sistem kasta. Hasilnya, resistensi terhadap hinduisme menjadi alat perlawanan kaum pinggiran. Bisa jadi kita akan terkesiap ketika mendengar fakta yang baru terjadi beberapa hari lalu.

Memperingati 50 tahun konversi Ambedkar ke agama Buddha, lebih dari 50.000 orang berduyun-duyun mendatangi arena balap di Mumbai, Mahalaxmi, Minggu, 27 Mei lalu. Mereka menyelenggarakan upacara yang disebut Dhamma Deeksha. Mereka datang dari berbagai negara bagian di India untuk satu tujuan: menyatakan diri bukan bagian dari Hindu, lalu memeluk Buddha sebagai pilihan agama mereka.

Meski sebagian tak mengaku beragama Hindu, mereka merasa bahwa selama ini para pemimpin Hindu memperlakukan mereka sebagai bagian dari Hindu. Karena itu, penindasan terhadap mereka mendapat pengesahan. Itu adalah perpindahan agama paling masif yang terjadi dalam sejarah India modern. Oktober tahun lalu, acara serupa melibatkan sekitar 15.000 orang.

Mereka merasa lahir kembali sebagai manusia. Mereka juga memilih agama Buddha sebagai tempat berteduh. Buddha adalah agama tanpa dorongan proselitisasi yang cenderung politis. Justru agama Buddha tidak terlalu peduli dengan aspek kelembagaan sebagai agama. Yang lebih penting, agama Budha dianggap memberikan jawaban yang sangat mengena tentang kesetaraan dan keadilan antarmanusia.

Kasus itu menunjukkan, ketika agama tak lagi tampil dengan wajah damai dan memanusiakan manusia, ia akan cenderung ditinggalkan pemeluknya. Ketika ia cenderung kaku dan tak berkompromi dengan konteks, ia akan kehilangan fungsi profetisnya. Ketika yang dominan muncul dari agama adalah institusinya, yang bicara adalah politik identitas, relasi kekuasaan.

Yang menarik, masyarakat India menyikapi konversi itu sebagai sesuatu yang biasa-biasa saja. Meski reaksi juga bermunculan dari kalangan pemimpin Hindu, tak terdengar kasus konflik dengan alasan konversi tersebut. Sebagai negara demokratis, India adalah contoh bagi kita. Memilih agama atau tidak beragama adalah hak setiap warga negara.

Meski konstitusi Indonesia juga sudah menjamin hak itu, sejauh ini konversi masih menjadi masalah besar. Alih-alih menjadi bahan kritik ke dalam dan media introspeksi tiap-tiap agama, sering kali kita justru menyalahkan seseorang yang pindah dari agama kita.

English version

Dimuat di Jawapos, Jumat, 8 Juni 2007, islamlib.com, 11 Juni 2007, liberal moslem, 2 Juli 2007.