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.
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 of 1998-1999, 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 and programmes on Dalit women's rights within the broader framework of the Dalit and women's empowerment agenda.
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