• Scheduled castes are those castes/races in the country that suffer from extreme social, educational and economic backwardness arising out of age-old practice of untouchability and certain others on account of lack of infrastructure facilities and geographical isolation, and who need special consideration for safeguarding their interests and for their accelerated socio-economic development.
  • These communities were notified as Scheduled Castes as per provisions contained in Clause 1 of Article 341 of the Constitution.
  • Scheduled castes are sub-communities within the framework of the Hindu Caste system who have historically faced deprivation, oppression, and extreme social isolation in India on account of their perceived ‘low status’.
  • Only marginalised Hindu communities can be deemed Scheduled Castes in India, according to The Constitution (Scheduled Castes) Order, 1950.
  • Those who belonged to one of the four major varnas are called Savarna. The Hindu four-tier caste system, or varna system, forced these communities into work that predominantly involved sanitation, disposal of animal carcasses, cleaning of excreta, and other tasks that involved contact with “unclean” materials. The communities adapted the name Dalit, or Harijan, which meant ‘children of god.’ The avarna communities were also referred to as “Untouchables”. They were prohibited from drinking water from shared water sources, living in or using areas frequented by “higher castes,” and faced social and economic isolation, often being denied rights and privileges that many born into savarna castes consider “fundamental rights”.
  • The 2011 Census places the number of scheduled castes in India at 16.6 percent of the total population, or approximately 166,635,700 people.
  • The National Crime Records Bureau in its 2017 annual report stated that 40,801 crimes against SC/STs took place in 2016. However, a report in The Wire adds that many crimes, including those where the alleged offender was a public official, would be recorded under “other IPC sections,” thus reducing the number of crimes reported under the SC/ST Atrocities Act.
  • Every 15 minutes a crime is committed against a dalit and approximately 6 dalit women are raped every day. The root cause of all the oppression faced by dalits is the perpetuating caste system. Dalits are murdered, beaten, and shunned from society but little coverage is given by the media. Minimal reportage leads privileged and ignorant people into believing that casteism doesn’t exist in India anymore.

Issues faced by Scheduled Castes

  • Crimes against Dalits :
    • National Crime Records Bureau (NCRB) data shows that crimes against Dalits increased from less than 50 (for every million people) in the last decade to 223 in 2015.
    • Among states, Rajasthan has the worst record although Bihar is a regular in the top 5 states by crimes against Dalits.
    • Many social scientists have questioned the belief that economic advancement of Dalits can reduce crimes against them.
    • Most of the crimes committed against dalits go unreported due to fear of reprisal, the intimation of the police, the inability to pay bribes demanded by police, etc.
    • The report, titled ‘Quest for Justice’, by the National Dalit Movement for Justice (NDMJ) – National Campaign for Dalit Human Rights, released in 2020, assessed the implementation of the Act as well as the data of crimes against SC and ST people as recorded by the National Crime Records Bureau from 2009 till 2018.
    • Crimes against Dalits increased by 6% from 2009 to 2018 with over 3.91 lakh atrocities being reported, at the same time gaps in implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and the 1995 rules framed under it remained.
    • The report said the crime rate against those belonging to Scheduled Tribes recorded a decrease of around 1.6%, with a total of 72,367 crimes being recorded in 2009-2018.
    • The report also flagged the rise in violence against Dalit and Adivasi women.
    • On average 88.5% of cases under PoA Act remain pending trial during 2009 to 2018
  • Economic empowerment alone not enough : According to Pratap Bhanu Mehta, Economic advancement alone will not diminish the psychic traumas of caste; it may actually create more conflict. The empowerment of these groups rather than becoming a celebration of justice becomes a sign of fatal concoction of guilt and loss of power.
  • Average asset ownership is still the lowest among Dalits.
  • Political representation : The representation of Dalits above themandated quota is abysmal. Data collected by the Trivedi Centre for Political Data, Ashoka University shows that in 63 state assembly elections held since 2004, scheduled-caste candidates found it extremely difficult to get elected from a unreserved seat.
  • While some benefits of social programs and government policies designed to increase primary education rates can be noticed, the Dalit literate population still remains much lower than that of the rest of India.
    • There remains still, hostility, oppression and flaws in social programs in Indian society that prevent an increase in education growth.
  • Despite efforts to decrease caste discrimination and increase national social programs, the Dalits of India continue to experience low enrolment rates and a lack of access to primary education in comparison to the rest of India.
  • Even top officials who are Dalits are insulted and humiliated with caste slurs.
  • They are often prevented from entering any place of worship which is open to the public and other persons from the same religion, they are not allowed to be a part of social or cultural processions, including jatras.
  • Dalit children are discriminated against when it comes to mid-day meals and getting access to clean toilets.
  • The UGC guideline of prevention of discrimination in higher educational institutions came into light after University of Hyderabad student Rohit Vemula’s suicide.
  • Meanwhile, Dalit women are framed as witches; thereby ensuring that the family is socially ostracized in the village.
  • Even public servants who are supposed to protect Dalits sometimes fall prey to caste prejudice and work against their rights.

Major reasons behind miserable conditions of Scheduled Castes

  • Untouchability:
    • While modern Indian law has officially abolished the caste hierarchy, untouchability is in many ways still a practice.
    • In most villages in Rajasthan Dalits are not allowed to take water from the public well or to enter the temple.
  • Political:
    • Dalit movement, like identity movements across the world, has really narrowed its focus to forms of oppressions.
    • Most visible Dalit movements have been around issues like reservations and discrimination in colleges, and these are issues that affect only a small proportion of the Dalit population.
    • Today Dalits are perceived as a threat to the established social, economic and political position of the upper caste. Crimes are a way to assert the upper caste superiority.
    • Stasis in farm income over the past few years caused disquiet among predominantly agrarian middle caste groups, who perceive their dominance in the countryside to be weakening.
    • The growing scramble for Dalit votes by different political actors has only added a fresh twist to a conflict that has been simmering for some time.
  • Economic:
    • Rising living standards of Dalits appears to have led to a backlash from historically privileged communities.
    • In a study by Delhi School of Economics ,an increase in the consumption expenditure ratio of SCs/STs to that of upper castes is associated with an increase in crimes committed by the latter against the former
    • Rising income and growing educational achievements may have led many Dalits to challenge caste barriers, causing resentment among upper caste groups, leading to a backlash.
    • There is also a possibility of the rise due to high registration and recognition of such crimes.
    • Half of all atrocities committed against Dalits are related to land disputes.
  • Educational Institutions:
    • In public schools, Dalits are not allowed to serve meals to superior castes; they often have to sit outside the classroom; and are made to clean the toilets.
    • Even in universities most of the faculty vacancies reserved for them are lying vacant and students are often discriminated.
    • The recent incidents of suicides of Rohith Vemula and Payal Tadvi substantiate the above claims of discrimination against Dalit students.
  • Dalit women:
    • Girls face violence at a younger age and at a higher rate than women of other castes. According to the National Family Health Survey by the age of 15, 33.2% scheduled caste women experience physical violence. The figure is 19.7% for “other” category women.
    • The violence continues, largely due to a sense of impunity among dominant castes.
    • Dalit women and girls are often the targets of hate crimes. Access to justice has been abysmal, with conviction rates at a measly 16.8 percent. Crimes against Dalits usually see half the conviction rate of the overall rate of conviction of crimes. Experts and activists say that low conviction rates and lack of prosecution of such cases of atrocities are the reasons why crimes against Dalits continue to rise.
  • Political power does not help:
    • Even when Dalit women acquire political power, as when they are elected as sarpanches, there is often no protection against the social power that sanctions violence and discrimination against them.
    • In a village with a Dalit woman sarpanch, a Dalit woman was burned, but no action was taken.
  • Workplace violence:
    • The risky workplaces compounded with a lack of labour rights protection measures render migrants Dalit women more vulnerable to occupational injury.
    • Further, the emerging problem of sub-contracting short-termed labour makes it more difficult for them to claim compensation when they are injured at work places.
    • Dalit women are most vulnerable to abuse and exploitation by employers, migration agents, corrupt bureaucrats and criminal gangs.
    • The enslavement trafficking also contributes to migration of large proportion of Dalit women.

Constitutional mechanism for upliftment of SC

The deep concern of the framers of the Constitution for the uplift of the Scheduled Castes and Scheduled Tribes and Other Backward Classes is reflected in the elaborate constitutional mechanism set-up for their uplift.

  • Article 17 abolishes Untouchability.
  • Article 46 requires the State ‘to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
  • Article 15(4) refers to the special provisions for their advancement.
  • Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.
  • Article 243D provides for reservation for Scheduled Castes and Scheduled Tribes in Panchayats in the same proportion as the population of Scheduled Castes or Scheduled Tribes in the village.
  • Article 243T promises the same proportionate reservation of seats in Municipalities.
  • Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative assemblies of the States. Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for Scheduled Castes and Scheduled Tribes in local bodies has been envisaged and provided.
  • Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
  • Article 338 establishes the National Commission for the Scheduled Castes. The Commission’s duty is to monitor the safeguards provided for Scheduled Castes in the Constitution or any other law. Its duties also include investigating complaints and participating in the planning process for the socio-economic development of members of Scheduled Caste communities, while having all the powers of a civil court during the process.
  • Article 340 gives the President the power to appoint a commission to investigate the conditions of backward classes, the difficulties they face, and make recommendations on steps to be taken to improve their condition. This was the article under which the Mandal Commission was formed.

The Constitution of India has prescribed, protection and safeguards for the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker sections; either specially or the way of insisting on their general rights as citizens; with the object of promoting their educational and economic interests and removing social disabilities. These social groups have also been provided institutionalized commitments through the statutory body, the National Commission of SCs. The Ministry of Social Justice & Empowerment is the nodal Ministry to oversee the interests of the Scheduled Castes.

Government Initiatives taken for Scheduled Caste development

Protection of Civil Rights

  • In pursuance of Article 17 of the Constitution of India, the Untouchability (Offences) Act, 1955 was enacted, in which any person forcing the disabilities of untouchability can be sentenced to six months’ imprisonment or a fine or both.
  • This Act provides penalties for the offences like preventing a person from entering into public temples or places of worship, preventing the drawing of water from sacred lakes, tanks, wells etc and other public places.
The ‘Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ (MS Act, 2013)
  • Eradication of dry latrines and manual scavenging and rehabilitation of manual scavengers in alternative occupation has been an area of high priority for the Government.
  • The act prohibited the employment of manual scavengers for manually cleaning dry latrines and also the construction of dry toilets (that do not operate with a flush).
  • It provided for imprisonment of up to a year and a fine.
  • Key features of the Act :
    • Prohibits the construction or maintenance of insanitary toilets.
    • Prohibits the engagement or employment of anyone as a manual scavenger violations could result in a years’ imprisonment or a fine of INR 50,000 or both.
    • Prohibits a person from being engaged or employed for hazardous cleaning of a sewer or a septic tank.
    • Offences under the Act are cognizable and non-bailable.
    • Calls for a survey of manual scavengers in urban and rural areas within a time-bound framework.
  • A Supreme Court order in March, 2014, makes it mandatory for the government to identify all those who died in sewerage work since 1993 and provide Rs.10 lakh each as compensation to their families.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Objectives of the Act are to deliver justice to these communities through proactive efforts to enable them to live in society with dignity and self-esteem and without fear or violence or suppression. Important sections:

  • Section 3(1): Punishment for offences of atrocities by words either written or spoken or by any other means disrespects any late person held in high esteem by members of the SC/ST shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
  • Section 15(A)(5): A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and File written submission on conviction, acquittal or sentencing.
  • Section 4 Punishment for neglect of duties: Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, willfully neglects his duties required to be performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

Educational Empowerment

Pre-Matric Scholarship
  • This is a centrally sponsored Scheme, which is implemented by the state governments and union territory administrations, which receive 100 per cent central assistance for the total expenditure under the scheme.
  • Under the Scheme financial assistance is provided for pre-matric education to children of the following target groups, viz., (i) scavengers of dry latrines, (ii) tanners, (iii) flayers and (iv) waste pickers.
National Overseas Scholarship for SCs
  • The Scheme provides for fees charged by institutions as per actual, monthly maintenance allowance, passage visa fee and insurance premium, annual contingency allowance, incidental journey allowance.
  • Financial assistance under the Scheme is provided for a maximum period of 4 years for Ph.D and 3 years for Masters programme.
Rajiv Gandhi National Fellowship for SC Students
  • The Scheme provides financial assistance to scheduled caste students for pursuing research studies leading to M. Phil, Ph.D, and equivalent research degree in universities, research institutions and scientific institutions.
Post Matric Scholarship for Scheduled Caste Students (PMS-SC)
  • The Scheme is the single largest intervention by Government of India for educational empowerment of scheduled caste students.
  • Government has recently passed an outlay of Rs 59,000 crore for the post-matric scholarship scheme for students from Scheduled Caste groups.
  • Almost 60 percent of the cost of scheme will be borne by Central government and rest by the states.

Special Central Assistance

Scheduled Castes Development Corporations
  • The main functions of such corporations are identification of eligible SC families and motivating them to undertake economic development schemes, sponsoring the schemes to financial institutions for credit support, providing financial assistance in the form of margin money at low rate of interest and subsidy in order to reduce the repayment liability and providing necessary tie up with other poverty alleviation programmes.
National Scheduled Castes Finance and Development Corporation (NSCFD)
  • The broad objective of NSFDC is to provide financial assistance in the form of concessional loans to scheduled caste families, and skill-cum-entrepreneurial training to the youth of the target group, living below double the poverty line for their economic development.
National Safai Karamcharis Finance and Development Corporation (NSKFDC)
  • It is another corporation under the Ministry which provides credit facilities to beneficiaries amongst Safai Karamcharis, manual scavengers and their dependants for income generating activities for socio-economic development through State Channelizing Agencies.
Special Central Assistance (SCA) to Scheduled Castes Sub-Plan (SCSP)
  • It is an umbrella strategy to ensure flow of targeted financial and physical benefits from all the general sectors of development for the benefit of Scheduled Castes.
Venture Capital Fund for Scheduled Castes
  • Government announced the setting up of a Venture Capital Fund for Scheduled Castes in 2014. This was to promote entrepreneurship among the scheduled castes and to provide concessional finance to them.
Credit Enhancement Guarantee Scheme for Scheduled Castes
  • In 2014, the government announced that a sum of Rs 200 crore will be allocated towards credit enhancement facility for young and start-up entrepreneurs, belonging to scheduled castes, who aspire to be part of neo middle class category with an objective to encourage entrepreneurship in the lower strata of the society resulting in job creation.

Other Schemes:

  • Pradhan Mantri Adarsh Gram Yojana (PMAGY): The Centrally Sponsored Pilot Scheme ‘Pradhan Mantri Adarsh Gram Yojana’ (PMAGY) is being implemented for integrated development of Scheduled Castes (SC) majority villages having SC Population concentration > 50%. Initially the scheme was launched in 1000 villages in 5 States viz. Assam, Bihar, Himachal Pradesh, Rajasthan and Tamil Nadu. The Scheme was further revised w.e.f. 22.01.2015 and extended to 1500 SC majority villages in Punjab, Madhya Pradesh, Andhra Pradesh, Karnataka, Uttar Pradesh, Telangana, Haryana, Chhattisgarh, Jharkhand, Uttarakhand, West Bengal and Odisha. The principal objective of the Scheme is integrated development of SC Majority Villages:
    1. Primarily through convergent implementation of the relevant Central and State Schemes;
    2. By providing these villages Central Assistance in form of gap-filling funds to the extent of Rs.20.00 lakh per village, to be increased by another 5 lakh if State make a matching contribution.
    3. By providing gap-filling component to take up activities which do not get covered under the existing Central and State Government Schemes are to be taken up under the component of ‘gap filling’.
  • Babu Jagjivan Ram Chhatrawas Yojna: The primary objective of the Scheme is to attract implementing agencies for undertaking hostel construction programme with a view to provide hostel facilities to SC boys and girls studying in middle schools, higher secondary schools, colleges and universities. The Scheme provides central assistance to State Governments/ UT Administrations, Central & State Universities/ Institutions for fresh construction of hostel buildings and for expansion of the existing hostel facilities. The NGOs and Deemed Universities in private sector are eligible for central assistance only for expansion of their existing hostels facilities.
  • Upgradation of Merit of SC Students: The objective of the Scheme is to upgrade the merit of Scheduled Caste students studying in Class IX to XII by providing them with facilities for education in residential /non-residential schools. Central assistance is released to the State Governments/UT Administrations for arranging remedial and special coaching for Scheduled Caste students. While remedial coaching aims at removing deficiencies in school subjects, special coaching is provided with a view to prepare students for competitive examinations for entry into professional courses like Engineering and Medical.
  • Dr. Ambedkar Foundation: Dr. Ambedkar Foundation was set up on 24th March 1992, as a registered body, under the Registration of Societies Act, 1860, under the aegis of the Minsitry of Welfare, Government of India. The primary object of setting up of the Foundation is to promote Dr. Ambedkar’s ideology and philosophy and also to administer some of the schemes which emanated from the Centenary Celebration Committee’s recommendations.
  • Dr. Ambedkar International Centre at Janpath, New Delhi: Setting up of ‘Dr. Ambedkar National Public Library’ now renamed as ‘Dr. Ambedkar International Centre’ at Janpath New Delhi was one of the important decisions taken by the Centenary Celebrations Committee (CCC) of Babasaheb Dr. B.R. Ambedkar headed by the then Hon’ble Prime Minister of India. As on date the entire land of Plot ‘A’ at Janpath, New Delhi measuring 3.25 acre is in possession of the M/o SJ&E for setting up of the ‘Centre’. The responsibility of the construction of the ‘Centre’ has been assigned to National Building Construction Corporation (NBCC) at a cost of Rs. 195.00 crore. The Hon’ble Prime Minister has laid the foundation of Dr. Ambedkar International Centre on 20th April, 2015 and has announced that the project will be completed within a period of twenty months. The National Building Construction Company (NBCC), the executing agency has already started the construction work at site and it is at an advance stage.
  • Dr. Ambedkar National Memorial at 26, Alipur Road, Delhi: The Dr. Ambedkar Mahaparinirvan Sthal at 26, Alipur Road, Delhi, was dedicated to the Nation by the then Hon’ble Prime Minister of India on 02.12.2003 and he had also inaugurated the development work at the Memorial at 26, Alipur Road, Delhi. The responsibility of the construction of Dr. Ambedkar National Memorial has been assigned to the Central Public Works Department (CPWD) at an approx. cost of Rs. 99.00 Crore. The Hon’ble Prime Minister has laid the foundation of the Memorial on 21st March, 2016 and has announced that the project will be completed within a period of twenty months. The CPWD, the executing agency has already started the construction work at site.
  • Babu Jagjivan Ram National Foundation: The Babu Jagjivan Ram National Foundation was established by the Government of India as an autonomous organization under the Ministry of Social Justice & Empowerment and registered under The Societies Registration Act, 1860 on 14th March 2008. The main aim of the Foundation is to propagate the ideals of the late Babu Jagjivan Ram, on social reform as well as his ideology, philosophy of life, mission and vision to create a casteless and classless society.

Measures needed for Scheduled Caste

  • Attitudinal change need to brought about among the upper caste through the use of local Panchayat level officials who need to disseminate information regarding the rights, legal provisions and ensure community places are open to all.
  • Police need to sensitised to take due notice of violation of dalits rights and act stringently rather than turning a blind eye.
  • Dalits fear reporting such crimes fearing backlash in the community they live. Such barriers need to be dispelled by strengthening and reaching out to them through institution already in place namely Nation commission for SCs etc.
  • Schools ,college administration, the staff and students need to be sensitized as attitudinal change can effectively be brought about through education and textbooks
  • Sensible labour laws reforms to give exit options to Dalits trapped in a system.
  • Integrating social and cultural transformation with an economic alternative is critical.
  • Huge investments will be needed in upskilling and educating dalits and government needs to create an abundance of new jobs within the formal sector and lowering barriers to job creation
  • Increased availability of stable-wage jobs for women is critical to preventing their socio-economic exploitation
  • Bridging the deep-rooted biases through sustained reconditioning: It is only possible by promoting the idea of gender equality and uprooting social ideology of male child preferability.
  • They should be given decision-making powers and due position in governance. Thus, the Women Reservation Bill should be passed as soon as possible to increase the effective participation of women in the politics of India.
  • Bridging implementation gaps: Government or community-based bodies must be set up to monitor the programs devised for the welfare of the society.
  • Dalit women need group and gender specific policies and programmes to address the issue of multiple deprivations.
  • Dalit women require comprehensive policies on health, especially on the maternal and child health
  • Make credit available by pooling the women to form self-help groups. The example of Kudumbashree model of Kerala can be emulated.

Way forward

  • Providing Education and awareness to the scheduled castes to avail the various benefits provided to them.
  • Rehabilitation of the workers who are rescued from manual scavenging.
  • A mechanism for monitoring the nutritional status of SCs and STs. The proposal requires the district administration to do the monitoring on their own or with the help of voluntary organisations.
  • It is necessary to identify and groom talent amongst boys and girls belonging to SC, ST and other BCs and train them in special talent schools. This will enable them to compete with the rest of society in an equal manner.
  • Sensitization of the public servants to treat all citizens equally.

Dalit Women

Dalit women constitute a vast section of India’s population. They have been socially excluded and humiliated for a long period of time. Government through ‘Positive interventions’, ‘affirmative measures’ have consistently developed policies for their economic, social and political empowerment.

International reports note that discrimination begins early, and is evident in factors such as a mother’s access to healthcare and an infant’s access to adequate nutrition. This continues into the education system.

Dalit women are often raped or beaten as a reprisal against their male family members or relatives who are thought to have committed some kind of offense or offenses against any members of the upper caste. They are also subjected to violence in police custody so that the police officials could apprehend their family members.

Challenges faced by Dalit Women

  • Failure of policies:
    • The policies are inadequate to minimize the handicaps and disabilities of the past and in reducing the gaps between them and the rest of the Indian society.
    • Dalit women continue to suffer from a high degree of poverty, gender discrimination, caste discrimination and socioeconomic deprivation.
  • Violence:
    • Girls face violence at a younger age and at a higher rate than women of other castes. According to the National Family Health Survey by the age of 15, 33.2% scheduled caste women experience physical violence.
    • The figure is 19.7% for “other” category women.
    • The violence continues, largely due to a sense of impunity among dominant castes.
  • Political power does not help:
    • Even when Dalit women acquire political power, as when they are elected as sarpanches, there is often no protection against the social power that sanctions violence and discrimination against them.
    • In a village with a Dalit woman sarpanch, a Dalit woman was burned, but no action was taken.
  • Attitude of dominant castes:
    • There is a mind-set among the dominant castes that make them feel that they can do anything they want with dalit girls and that they will get away with it.
    • The discrimination faced by Dalit women at the cost of the Brahmanical obsession with “purity and pollution” has had a detrimental effect on all the dimensions of development.
    • Even today Dalit women along with their families are commonly clustered in segregated hamlets at the edge of a village or mohallas in one corner of the village, devoid of civic amenities, drinking water, health care, education, approach roads etc.
    • In urban areas their homesteads are largely found in slum bases normally located in very unhygienic surrounding.
    • The exploitation of them under the name of religious such as “Nude Worship,” practice of devdasi system and such other similar types of practices make them more submissive to violence, and discrimination.
    • The UN Special Rapporteur on violence against women has noted that Dalit women face targeted violence, even rape and murder, by the state actors and powerful members of the dominant castes used to inflict political lessons and crush dissent within the community.
  • Cases withdrawn and lack of justice:
    • Very often cases are withdrawn and witnesses turn hostile because of pressure outside the system without adequate protection given to them.
    • Sanctioned impunity on behalf of offenders is a major issue in India, and the police often deny or purposefully neglect and delay Dalit women’s right to legal aid and justice. There is a consistent pattern of delay in report filing and irregularities regarding criminal procedures, which leads to widespread impunity and creates serious barriers to justice for Dalit women.
  • Workplace violence:
    • The risky workplaces compounded with a lack of labour rights protection measures render migrants dalit women more vulnerable to occupational injury.
    • Further, the emerging problem of sub-contracting short-termed labour makes it more difficult for them to claim compensation when they are injured at work places.
    • Dalit women are most vulnerable to abuse and exploitation by employers, migration agents, corrupt bureaucrats and criminal gangs.
    • The enslavement trafficking also contributes to migration of large proportion of dalit women.
  • Atrocities against Dalit women:
    • The horror of the gang rape of a 19-year-old Dalit woman in Hathras in 2020 is still fresh in our minds. Activists, academics and lawyers argued that the sexual violence took place on account of the woman’s gender and caste and that the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act) must be invoked. Another case of sexual violence on a blind Dalit woman highlights caste based sexual atrocity.

Measures needed for Dalit Women

  • Sensible labour laws reforms to give exit options to Dalit women trapped in a system. Integrating social and cultural transformation with an economic alternative is critical.
  • Huge investments will be needed in up skilling and educating women and government needs to create an abundance of new jobs within the formal sector and lowering barriers to job creation.
  • Increased availability of stable-wage jobs for women is critical to preventing their socio-economic exploitation.
  • With bridging the deep-rooted biases through sustained reconditioning: -It is only possible by promoting the idea of gender equality and uprooting social ideology of male child preferability.
  • They should be given decision-making powers and due position in governance.
  • Thus, the Women Reservation Bill should be passed as soon as possible to increase the effective participation of women in the politics of India.
  • Bridging implementation gaps:
    • Government or community-based bodies must be set up to monitor the programs devised for the welfare of the society.
    • Dalit women need group and gender specific policies and programmes to address the issue of multiple deprivations.
    • Dalit women require comprehensive policies on health, especially on the maternal and child health
    • Make credit available by pooling the women to form self-help groups. The example of Kudumbashree model of Kerala can be emulated.

Way forward for Dalit Women

  • It matters, even if life imprisonment was given in this case, because the repeated setting aside of convictions under the PoA Act bolsters the allegations that the law is misused and amounts to the erasure of caste-based violence faced by women.
  • Further, as stated in the recent Parliamentary Standing Committee Report on Atrocities and Crimes against Women and Children, the “high acquittal rate motivates and boosts the confidence of dominant and powerful communities for continued perpetration”.
  • This judgment was a missed opportunity for the court to use intersectionality to uphold the conviction under the PoA Act or refer the matter to a larger bench if needed.
  • We need to stop hiding behind smokescreens of hyper-technicality of evidence and recognise caste-based violence against women when it stares us in the face.
  • Else, our caste discrimination laws will be rendered toothless.
  • If intersectionality theory mattered in this case, it should have influenced an interpretation of the PoA Act that reflects the lived experiences of women facing sexual violence.

Dalit women in India are situated at a very crucial juncture right now where they have to cross three thresholds simultaneously: class, class and patriarchy. These are the three hierarchical axes of social structure which are crucial to the understanding of gender relations and the oppression of Dalit women.


Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments