'Caste-based sexual violence and state impunity’, a report published recently by the Dalit Women Human Rights Defenders highlights why it is important to talk about caste when discussing sexual violence against Dalit women
Cover picture of the NCWL report. Painting by Rollie Mukherjee
“Dalit women’s bodies have been projected as markers of their Dalit identity and sexual violence is a tool for exercise of power and subordination of Dalit women,” states a new study published by Dalit Women Human Rights Defenders (DWHRD) and the National Council of Women Leaders (NCWL). The report ‘Caste-based sexual violence and state impunity’ presents an in-depth analysis of cases of sexual violence against Dalit women between 2015 and 2021, with a focus on 50 case studies from 13 states of India.
According to NCWL’s analysis of National Crime Records Bureau’s 2020 data, there has been a 45 percent increase in the number of rape cases against Dalit women and girls registered between 2015 and 2020. However, conviction rates in these cases and the number of pending trials present a dismal situation. Of the 50 cases analysed, 43 cases were pending either at the pre-trial or investigation stages. At the national level, as per the NCRB data, 1,59,660 cases of rape were pending trial at the end of 2020.
The incidents studied and analysed by NCWL bring to light various forms of vulnerabilities to which Dalit women are exposed due to their social location (in terms of caste) and geographic location (in proximity to dominant caste men residences). With specific cases, including the 2020 Hathras rape case and 2021 Delhi Cantonment rape case of a 9-year-old Dalit girl, it elaborates on how caste power violates a Dalit woman’s access to justice, livelihood and ultimately a dignified life. One of the major factors that strengthen such caste dominance is the impunity provided to upper caste men by the criminal justice system in the face of local governance bodies such as panchayats, local police, lawyers and court officials.
From filing an FIR to reaching the court of law, the report highlights how procedural delays caused by local officials, social and community coercion by dominant caste members, refusal to evoke Prevention of Atrocities on Scheduled Castes and Scheduled Tribes Act and inadequate representation of women and Bahujan members in the judiciary continue to act in favour of and provide state-favoured impunity to the dominant caste men for sexual violence against Dalit women.
Divya Srinivasan, lawyer and member of Equality Now—a feminist organisation working for the legal and human rights of women, who has documented and analysed the case studies for the report, shares insights from the report.
As the report clearly elaborates on the role of caste power and geographic location in crimes against Dalit women, how does the power equation play out in urban locations or metropolitan cities?
Caste-based discrimination and gender-based violence exists throughout India in both rural and urban areas, as is clearly illustrated by the high-profile case of gang rape and murder of a 9-year-old Dalit girl in Delhi in 2021. Victim-blaming, casteist attitudes from law enforcement officials, and multiple barriers to accessing justice are challenges faced by Dalit survivors of sexual violence everywhere.
In cases where tech tools are involved, what are the vulnerabilities experienced by Dalit women?
Modern technology fuels casteist power dynamics in many ways. Photos and videos of sexual assaults are used as tools to assert dominant caste power and cause further victimisation and shame, with perpetrators sending the content to victims’ relatives and wider community. Videos and photographs of sexual assaults are commonly circulated on social media, and are even shared by media outlets, without any regard for the privacy or dignity of victims and social media is often used by perpetrators to groom and sexually exploit adolescent girls.
A sense of impunity is so deeply embedded in casteist rape culture that perpetrators often record evidence of their own crimes and use the content to intimidate and silence survivors. These intimate images are then used to threaten and blackmail women and girls and to coerce them into non-consensual sex.
Does the National Aid for Legal Services provide any sort of legal assistance to the victim or survivor in reaching the court of law?
Legal aid is available through the system and public prosecutors are assigned by the state to prosecute cases of rape. However, as highlighted in NCWL’s report, public prosecutors in many instances hold casteist and patriarchal views that fuel the mishandling of cases. The most common problems include failing to take cases seriously, victim-blaming, not believing survivors, not keeping plaintiffs informed about developments, and encouraging plaintiffs to compromise cases. As a result, perpetrators are less likely to be held fully to account for their crimes. These factors greatly undermine trust in public prosecutors and lead some to appoint private lawyers, which can prove to be expensive and only affordable for some.
How do the local police discourage Dalit women from reporting acts of sexual violence?
There are many instances of police officials refusing to register rape cases and in some instances even using abusive language including casteist slurs against Dalit survivors and their families when they come to report cases. Survivors and witnesses frequently face threats, coercion and bribery. Compounding this situation, is a pervasive culture of victim-blaming which renders many survivors unwilling to report attacks because they fear social stigma and know they are unlikely to get justice.
In what ways does unavailability of data obstruct the course for policy or legislative action with regards to caste-based sexual violence?
Caste and gender disaggregated data at the state level is crucial to understanding the extent and seriousness of the issue of caste-based sexual violence, and in determining the exact stage at which cases are dropping out of the system. Concrete data on violations can also be used to spur much-needed legislative and policy reforms needed to address the issue.
What role does representation in judiciary play in improving access to justice for Dalit women?
Effective and equal representation of men and women from the Dalit community in positions of power and decision-making, including throughout the Judiciary, is crucial to addressing systemic and structural forms of caste discrimination and hierarchy. Dalit representation is also needed at all levels in order to strengthen the credibility of the justice system and build public confidence.
Judges operate with their own implicit and explicit biases, based on their gender, caste, social and economic backgrounds, which can ultimately affect access to justice for Dalit women. Judges, along with investigators and prosecutors, should receive practical guidance and training to address such biases and build their capacities to effectively handle sexual violence cases in accordance with international human rights standards. This entails applying a victim-centered and gender-based approach, and creating a safe and supportive environment for victims of sexual violence, all of which will help achieve better results in criminal cases.
Read the full report here:
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Caste Based Sexual Violence and State Impunity
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