Freedom from Discrimination ■ are ofdie mostserious concern to the Commission and have been so since its inception. The Commission believes it has a special and inescapable duty to protectthose who are , mostvulnerable:Dalits and Scheduled Tribes;women and children—especially,the girl . child; the disabled; those victimized for reasons of religion or language; and those weighed down by economic or social tradition,including thoseivho,ironically,have been marginalized by'growth'and change." •' ' "In all such cases, and niore, whether it acts on the basis of individual complaints or under its broad mandate to promote and protect human rights, the Commission has viewed its role as that of an 'equaliser', adding its weight on behalf of the vulnerable, so that the scales ofjustice and equity may be more evenly balanced for them,and to ensure that those who violate the rights ofthe vulnerable are brought toJustice, as the Constitution of the country, its laws and treaty obligations all require." "The Commission has, accordingly, acted promptly and resolutely, either on the basis of complaints that have been brought to it, or suo motu, to deal with the violation of human rights oiDalits." 2.37 In this context, it is also necessary to recall that the Committee on the Elimination of All Forms of Racial Discrimination (CERD), established under the Convention on that subject, dre\v attention to this matter in its concluding observations in 1996, made after considering the lO'^ to 14"*^ periodic reports of India. While acknowledging tlie positive K aspects ofthe efforts made by India and the far reaching measures adopted by the Government to combat discrimination against members ofthe SCs and STs,the Committee disagreed with the stance of the Government that the situation of the SCs and STs did not fall within the scope ofthe Convention 'because caste was not equatable to race*. 2.38 The Committee fiirther noted that although constitutional provisions and legal texts existed to abolish 'untouchability' and to protect the members of the SCs and STs, and although social and educational policies have been adopted to improve the situation of members of the SCs and STs and to protect them from abuses, widespread discrimination against them,and the relative impunity ofthose who abuse them point to the limited effect of these measures. The Committee was particularly concerned about reports that people belonging to the SCs and STs are often prevented from using public wells or from entering cafes or restaurants and that their children are sometimes separated from other children in schools, in violation of Article 5(f) of the Convention. 2.39 The importantrecommendations oftlie Committee therefore included the following: □ The State should improve the effectiveness of measures and guarantee to all groups ofpopulation, especially to members ofthe SCs and STs, full enjoyment oftheir civil, political and economic, social and cultural rights. □ Special meastires shouldbeundertakenby the authorities to prevent acts of discrimination towards personsbelonging to the SCs and STs and to punish those guilty of disaimination. 15