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IX. Article 6: Assure effective protection and remedies against acts of caste-based discrimination

Article 6: State Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.

In its periodic report, the Government of India cites to constitutional provisions and legislative measures that open its courts to victims of discrimination.⁴⁷⁵ These measures include legal services for the indigent and the setting up of people’s courts.⁴⁷⁶ While the government has enacted such measures, their utility is belied by the insidious nature of caste-based discrimination that has been documented throughout this report, and by the country’s own National Human Rights Commission⁴⁷⁷—a body that India characterizes as the apex national institution to protect human rights and redress grievances.⁴⁷⁸ On the particular issue of lack of effective remedies for Dalits, the Commission has found that even where cases are properly registered under the Prevention of Atrocities Act, 1989 several states are not providing economic relief to victims of atrocities as is required. ⁴⁷⁹ The NCDHR has also found that Dalit victims have often been unable to benefit from this requirement because police will purposely downplay charges and register atrocities against Dalits under the Indian Penal Code instead of the Act, in order to circumvent the compensation requirement.⁴⁸⁰ These are but a few examples of the systematic discrimination Dalits endure before all institutions of law enforcement—the very bodies responsible for ensuring their protection (see Section VIII(A)).