Simone Vaidya
Cities serve as a microcosm of the societies they cradle. The networks of roads, streets, and lanes represent the threads of social structures and hierarchies interwoven into urban planning and infrastructure. Places of residence are allocated and distributed according to a system of position, privilege, and power. Bengaluru as an urban space is no different — a glimpse at its municipal plan shows the delineation of areas and neighbourhoods. The grid-like road infrastructure of crosses (running North-South) and mains (running East-West), which are so unique to the southern city, carry clear indicators of residential segregation. In fact, Bengaluru’s topography is directly correlated with urban planning, caste, and status. Areas that are low-lying, unsanitary, and poorly maintained correspond to settlements of lower-class and lower-caste communities in the city. Similarly, sanitary, elevated, and planned colonies like Malleshwaram and Sadashivnagar house upper castes.
Pushing marginalised castes to the periphery of cities is another manifestation of entrenched urban untouchability. The spatial divisions of cities have clear developmental implications, affecting access to essential services and amenities. As per government statistics, 35% of Bengaluru’s population lives in 2% of the total landmass, that is, slums. Seventy to ninety percent, varying from slum to slum of these people belong to Scheduled Castes (SC), Scheduled Tribes (ST) or are converted minorities.
Residential Segregation: The Current Legal Framework
The practice of residential segregation and the denial of housing has been well-observed and well-documented in India, indicating a trend of structural inequality. There is no legal provision currently in force in India, which outlaws discrimination in the housing dimension outright. Article 15 of the Constitution solely refers to the prohibition of discrimination with regard to public places. The Fundamental Rights enshrined under Part III of the Constitution would not be an available remedy for someone aggrieved by such discrimination, since it mainly occurs during the sale or lease of houses. Essentially, such agreements create a right in personam, and this occurs in the private domain.
The Supreme Court of India, in Zoroastrian Co-operative Housing Society v District Registrar Co-operative Societies (Urban), ruled on two important issues which are relevant to a discussion on residential segregation. Firstly, it asserted that horizontality precluded the admissibility of a writ petition under Article 32 since the Co-operative Housing Society was not a ‘State’. Secondly, it held that limitation of membership, or exclusion on the grounds of religion could not be declared unconstitutional. It ruled that such restrictions were not against public policy.
Although legislators might have envisioned for Scheduled Caste victims of residential discrimination to be able to invoke Section 7 of the Protection of Civil Rights Act, 1955 (‘PCRA’) as a remedy, there is a lacuna in its application. Explanation I of the relevant provision covers the “refusal to let” and the “refusal to permit to use or occupy any house or land”, thereby bringing residential segregation within the ambit of “another offence arising out of untouchability”. Section 7 prescribes a punishment of imprisonment for a term not less than one month and not more than six months, as well as a fine of not less than one hundred rupees and not more than five hundred rupees. The omission of a clear definition of “untouchability” in the statute, as well as the Supreme Court’s 2004 decision, effectively sets the standard of proof very high. Discrimination in housing can oftentimes be more subtle, leaving the aggrieved person with no recourse. Additionally, this statute has been enforced abysmally, with the number of cases registered under the PCRA ranging between 64 and 148 annually. Additionally, conviction rates are low and the pendency of cases persists despite the establishment of Special Courts, in accordance with Section 15A(2) of the Act.
Various states have incorporated provisions to address discrimination in housing through their power to make rules for the implementation of the Real Estate (Regulation and Development) Act, 2016 (RERA). As per the Maharashtra RERA Rules of 2017, the Maharashtra government included an anti-discriminatory clause in the declaration to be submitted by a developer, wherein they undertake not to discriminate against any allottee at the time of allotment. This has been incorporated across various states including Karnataka, Rajasthan, Tamil Nadu and Madhya Pradesh in the Form ‘B’ Declaration to be signed by the Promoter. However, these efforts have not been effective, due to poor implementation and the limitations of the RERA itself, with its lack of coverage of the rental market. Moreover, this exclusively applies to the transaction between the builder and the buyer, without taking future transactions into account. Additionally, “discrimination” has not been well-defined and lacks precision, creating ambiguity and confusion.
The State of Gujarat has enacted legislation that seems to enable discrimination in the residential sector- the Gujarat Disturbed Areas Act of 1991. The designation of an area as a “disturbed area” under Section 3 of the Act would result in another layer of scrutiny over transactions relating to property, as they require the prior consent of the Collector. Over the years, this Act has been found to have sanctioned residential segregation on the basis of religion and caste, acting as a “tool of ethnocratic urban planning” to further ghettoize Muslims and marginalized communities.
Continued Segregation in Bengaluru
A study conducted by the Indian Institute of Management, Bangalore (IIM-B) found that caste-based residential segregation in Bengaluru occurs in clusters, with affluent, upper-caste neighbourhoods being surrounded by dense lower-caste settlements. The fractal distribution of population across city limits on the basis of caste points towards ghettoization as a social process, consistent with the age-old practice of untouchability. The poor living standards and lack of sanitation facilities are just among a few of the problems plaguing slums across the city.
Dr BR Ambedkar’s perspective on cities and urban spaces becoming the nerve centre for Dalit emancipation faded out in the context of the bleak reality of modern, urban India, where caste is institutionalized through segregated neighbourhoods and housing. Additionally, the persisting scourge of manual scavenging and the other insidious forms of discrimination and violence replace the traditionally rural conception of casteism, trapping Dalits and other lower caste communities in systems that are created and built to oppress them.
ಮಾಳಿಗೆಗಳ ಎತ್ತಿದೋರು ಬಂಗಲೆಗಳ ಕಟ್ಟಿದೋರು ತಳಾದೀಗೆ ಸಿಕ್ಕಿದೋರು ನನ್ನ ಜನಗಳು ಬೀದಿಯಲ್ಲಿ ಬಿದ್ದೋರು ಸದ್ದಿಲ್ಲದೆ ಇದ್ದೋರು ಒಳಗೊಳಗೇ ಅತ್ತೋರು ನನ್ನ ಜನಗಳು
They are my people – who raise the roofs – who build the towers only to then be caught beneath; who haunt the streets – who make no noise before they cry themselves to sleep.
Conservancy Lanes
A newspaper report dated 6 May 2023, placed the spotlight on the rising caste violence in the state of Karnataka. Karnataka recorded 459 cases of crimes against SCs and STs in the first few months of the year. People belonging to marginalized castes are forced into professions like manual scavenging, and another newspaper has reported that 7449 manual scavengers have been identified in Karnataka. A majority of these scavengers reside in Bengaluru. A recent study also reported that Dalits form 92.33% of the workers engaged in manual scavenging. It is primarily the Madiga community that engages in this profession.
The planned colony of Malleshwaram, architected by the British, thoughtfully included provisions for a series of ten-foot-wide lanes running behind the houses and parallel to mains. These were termed ‘conservancy lanes’ and served the purpose of facilitating the collection of night soil, or human waste, from the privileged households of Bangalore. These lanes allowed manual scavengers and their carts access to the houses through back doors. They were compelled to scurry out of the same exit, hunched from the weight of human waste and caste contempt on their backs. These lanes continue to exist today, as relics of the city’s colonial past. It is jarring to note how evidence of caste violence pervades the blueprint of a city that is touted to be a global technological hub.
As per efforts undertaken by the State Government to identify manual scavengers, modern-day manual scavenging is less prevalent in Malleshwaram, and the conservancy lanes have fallen into disuse. In 2020, a project called ‘Walkable Malleshwaram’ was launched to reclaim hostile and unproductive spaces. It aimed to make them friendlier and more accessible to residents. The local communities engaged the help of artists to beautify and improve the dilapidated condition of the conservancy lanes.
The murals breathed new life into the locality, effectively transforming Malleshwaram from a quiet and sleepy neighbourhood, clinging onto its old Bangalore charm, to one with an incredibly progressive street art and graffiti scene. It was in this context that I was led to a mural titled ‘Svagatam’ on a heritage walk through Malleshwaram’s roads. I was struck by the symbolism and metaphors incorporated by the artist. Fascinated by the artistic process, and intrigued by the caste narrative, I reached out to Mrs. Girija Hariharan, the muralist behind ‘Svagatam’. A conversation with her eventually culminated in an email interview that provided deep insights into each facet and dimension of her work.
‘Svagatam’, painted by Girija Hariharan. Photograph by Author.
Art as a Means of Social Reform
Crossing a single street transformed the way people talked, determined the size and condition of the homes, the dimension and character of the dreams.
Colson Whitehead, The Underground Railroad
The act of painting murals in conservancy lanes raises an important question — who is the art meant for? The neighbourhood was originally planned and developed for upper-caste residents, and it continues to be dominated by these households. The beautification of lanes that hold such shameful and atrocious connotations could be perceived as problematic. Reclaiming these spaces with a solely aesthetic purpose is deeply insensitive: gentrifying conservancy lanes as spaces of upper-caste ornamental appeal whitewashes its cruel context. However, the Walkable Malleshwaram project serves a different objective. Mrs Hariharan has shared her answer to this question:
Ideally, we shouldn't have these lanes. The existence of these lanes is a reminder of a harsh and inhuman past and present of discrimination based on work and caste. Work itself is so political and casteist. I hope my murals in such privileged places help people become aware of the space they are in, its history, its politics, their own privilege, the oppression and discrimination they might directly or indirectly impose on the non-privileged. And I hope it plants a seed in their mind for social change. Art for social change is my intention always.
The appeal of ‘Svagatam’ is in its subtlety, and the mural maintains that precarious balance with ease. It undoubtedly adds to the beauty of the lane, while also drawing attention to its social context. Mrs Hariharan’s mural has been painted over, but it has not been forgotten by the residents of Malleshwaram, who were faced with a reminder of the macabre past of the lanes behind their homes. This could serve as a beacon of hope that re-education and progress could be achieved from the grassroots levels, by changing the face of affluent Indian neighbourhoods. This forces its residents to face and confront the harsh reality of their privilege. With local communities taking the lead in raising awareness and initiating social change, long-term change is a possibility. However, the onus must primarily be on the local authorities and elected representatives, to ensure equitable development.
Residential Segregation: The Way Forward
The Supreme Court has asserted that the right to shelter falls within the ambit of Article 21 of the Indian Constitution, extending to the right to adequate living space, sanitation, electricity, clean air and water, as well as safe and decent structures. From a policy perspective, there is significant scope for legal and policy intervention to reduce the incidence of residential segregation within cities.
Taking a cue from the United States’ attempts to undo decades of redlining and segregation of neighbourhoods, India could introduce legislation similar to the Fair Housing Act of 1968 (FHA). The statute applies to a wide range of residential real estate transactions, and it would be desirable for India to adopt the comprehensive language of Section 3605 of Title 42 of the United States Code, pertaining to Public Health and Welfare. The Act was accompanied by two core programs — one provides funding to government agencies to enforce fair provisions, and the other functions with the mandate of investigation into complaints of discrimination in the provision of residential facilities. The FHA has failed to integrate American society, and the lack of enforcement is a major reason for the same. Proper implementation, awareness programs and departmental accountability are a good start for effective State action in making our cities less unequal. Such a policy could also benefit other minorities such as Muslims and Christians, as well as live-in and same-sex couples who regularly suffer from discrimination while seeking housing. In order to adapt such legislation to Indian socio-economic conditions, it is crucial to regulate housing finance and credit to make it more accessible for people from marginalized backgrounds to purchase and rent houses. As per Article 3(1)(h) of the European Union’s 2000 Racial Equality Directive, the prohibition of discrimination in housing extends to both public and private spheres. Despite its flaws, it could also be an adoptable model in terms of its wide scope and applicability.
Secondly, it is important for policy-makers and representatives to devote resources towards the development of less-affluent areas and promote integration among all parts of the city. There must be some semblance of parity in the access to opportunities and community resources. Finally, the need of the hour is to ensure that existing statutes are well-enforced and that the vulnerable sections of society are aware of their rights and remedies.
“Each of us owe it to this large segment of our population, who have remained unseen, unheard and muted, in bondage, systematically trapped in inhumane conditions.”
Simone Avinash Vaidya is a second year student at the Maharashtra National Law University, Mumbai. She thanks her professor, Dr. Upamanyu Sengupta for his guidance and direction, as well as the Editors of the Forum for their comments and suggestions.
Feature Image: Svagatam, painted by Girija Hariharan. Photograph by Author.
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