http://www.dnaindia.com/india/analysis_dalit-oppression-result-of-myriad-years-of-caste-system_1502060
Dalit oppression result of myriad years of caste system
Published: Wednesday, Feb 2, 2011, 9:48 IST
By Manjula Pradeep | Place: Ahmedabad | Agency: DNA
Violence against Dalits is the outcome of thousands of years of
subjugation due to the existence of the caste system. But the
situation of Dalit women becomes more vulnerable due to the
intersectionality of caste with gender.
The oppression against Dalit women becomes multiple and is manifested
through extreme forms of atrocities committed against them by
non-Dalits and violence by the Dalits.
After the framing of the Indian constitution, very few laws have been
enacted to protect the rights of Dalits. One of the laws whereby some
relief is given to the rights of the Dalit women is sec 3 (1) (X1) and
3 (1) (X11) under prevention of atrocities against SC and ST Act,
1989. There are certain sections under Indian Penal Code (IPC) for the
protection of women in general, where Dalit women are also covered.
Some of the important sections relating to gender violence under the
IPC are sec. 304B (dowry death), sec. 306 (abetment to suicide) sec.
354 (assault or use of criminal force on a woman with intent to
outrage her modesty), sec. 376 (rape), sec. 498 A (punishment for
subjecting a married woman to cruelty).
Apart from the IPC sections there are no stringent laws for the
protection of the rights of women. A law to protect women against
domestic violence has been enacted in 2005, but it does not impose any
punishment to the accused.
Gujarat as an independent state is celebrating 50 years of its
existence and the prevention of atrocities Act enacted on January 30,
1990, has completed 20 years. The population of Dalits in Gujarat as
per the National Census of 2001 is 7.01 % of the total population.
While boasting about its development and progressiveness, the
government of Gujarat also needs to be questioned on the grounds of
implementation of laws and sections for the protection of Dalits and
Dalit women's rights.
As per the fifth report of the National Commission on SC and SC
of1998-1999, Gujarat stands second i.e. 62 cases per one lakh
population, in terms of volume of crime against Schedueld Castes, just
after Rajasthan.
Navsarjan, an organisation dedicated to the upliftment of Dalits, has
been addressing the issues of social justice and rights of Dalits and
Dalit women in particular for more than 20 years in Gujarat.
Through the legal aid programme, we provide legal aid, moral and
social support to the survivors and victims of caste and gender based
violence in Gujarat. Navsarjan has dealt with and is working on
several cases of extreme forms of violence against Dalits and Dalit
women.
One of these cases was the multiple rape of a female Dalit student in
the Patan PTC College. Although the six accused were sentenced to life
imprisonment, in the judgment, the court removed the sections under
the Atrocity Act, its stand being that the rape survivor was raped by
a non-Dalit and Dalit accused so it won't fit in as an atrocity case.
There are several cases of rape of Dalit girls and women being handled
by Navsarjan in the past few years and are being highlighted in the
media, but in how many cases is the criminal justice system ensuring
that the accused are punished under the law?
A case of sexual trafficking of a Dalit girl who was kidnapped from
the primary school in Bavla and sold off at many places is going on in
the Ahmedabad Sessions court for more than one year, but due to weak
criminal justice system, the survivor is still awaiting justice.
Another case of gang rape of a Dalit girl who was studying in the 12th
grade in a high school in Limbdi town is pending in the Limbdi
Sessions court. The rape survivor has sent an application to the state
legal department for appointment of Nainaben Bhatt as special public
prosecutor, but the state is denying appointing her without giving any
valid reasons.
The recent cases of gang rape and trafficking of young Dalit girls and
women set off alarm bells to the vulnerable position of Dalit women in
the state. Ultimately the question to the state is, "Is there an
effective criminal justice system in place to ensure safety and
dignity of the Dalit community and Dalit women especially"?
The time has come when Dalit women should be recognised as a distinct
social group rather than classifying them under the general women or
Dalit category. Accordingly the state should evolve and implement a
specific focus andprogrammes on Dalit women's rights within the
broader framework of the Dalit and women's empowerment agenda.
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