RISING CRIMES AGAINST DALIT WOMEN
TABLE OF CONTENTS
INTRODUCTION......................................................................................................................03
METHODOLOGY.....................................................................................................................05
COVER STORIES.....................................................................................................................06
ANALYSIS................................................................................................................................07
● PRICE OF PREJUDICE- INDIA TODAY
- SC/ST (PREVENTION OF ATROCITIES) ACT, 1989
- CASTE NOT THE ONLY FACTOR
- CURSE OF ADMINISTRATIVE APATHY
- THE WAY AHEAD
● SHE, THE DALIT- OUTLOOK
- RED EARTH AND THE SKY A DALIT BLUE by Christina Dhanaraj
- THE GHOST OF MANU by Kiruba Munusamy
COMPARATIVE ANALYSIS………………………………………………………………...12
CONCLUSION………………………………………………………………………………...14
INTRODUCTION
ARTCILE 15 OF THE INDIAN CONSTITUTION[1]
“Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes”
Remember the movie Article 15? Two young Dalit girls demanded the rise in their daily wages, that too mere Rs. 3 and then the contractor taught both of them a lesson and what was the lesson? Rape and murder of both the girls. How dare ‘lower caste’ person ask questions? They don’t have this right. The film showed Brahmin cop on focus of the frame – this was inspired by the true events, Badaun gangrape-cum-murder case. This movie is providing clear picture of crime against Dalit women and her treatment they face in this Indian society which is primarily a caste society and it is patriarchal too.
The term DALIT – literally means broken, crushed or oppressed- is generally referred to people who were once called untouchables. In constitutional and legal terms in India, Dalits are called as scheduled castes. Dalits were not included in the Varna system of Hinduism and they were seen as fifth Varna which is also called as Panchama[2]. These people tend to do work which was and is considered impure such as cleaning toilets, sweeping roads, removal of garbage etc. Although, after independence, the rights of Dalits were taken into consideration and in modern times are considered by the government, rules and regulations have also been made but while going into the depth it can be seen that implementation remains the crucial issue, also with the pace government is making laws, the social structure is not changing, India still remains a casteist society and everyday numerable crimes are reported, heard or seen against the Dalits. But women of this section are more vulnerable to crimes, they are more discriminated on the basis of gender and caste. They not only face the burden of being lower caste but also being women. It can be called as a curse which they everyday face and live a life which even doesn’t have basic human rights. the triangular combination of being Dalit, women and poor makes their life worst.
METHDOLOGY
Cover stories of two magazines have been selected and studied to do the analysis of the topic. Both the stories were published in the month of October in the year 2020 after the Hathras rape incident[3]. The articles are chosen to provide a wide perspective for analysis of the serious issue of crime against Dalit women. Both the stories point out to the common incident but follow different approaches. By reading and studying both the cover stories, there is a two-fold motive:
To highlight that Dalit women are deprived thrice – being a Dalit, then women and being poor (caste- gender – poverty)
To do the comparative analysis of both the stories and find the common line between them and see a different kind of approaches
The following stories have been studied:
a. ‘Price of Prejudice’ by Kaushik Deka in India Today[4].
b. She, the Dalit in Outlook magazine.
COVER STORIES
The cover story titled ‘PRICE OF PREJUDICE’ by KAUSHIK DEKA in India Today magazine talks about how the Dalit women face the cruel face and burden of caste and gender violence and especially RAPE in India. It gives the insights of why they are so particularly vulnerable. This cover story talks about the being the curse of Dalit women – 1st being a woman, 2nd being Dalit and 3rd being poor. It talks about SC/ST (Prevention of Atrocities), 1989[5] and also tries to bring out the loopholes in it. The article also provides certain suggestions and solutions to tackle this social evil and bringing out the positive changes in the society.
The secondary cover story titled ‘SHE, THE DALIT’ in Outlook magazine. This cover story has bunch of articles written by different author presenting their views on casteism. While the former cover stories talked about broader topic, this cover story specifically analyze about the Hathras rape incident and making the caste angle visible.
ANALYSIS
● ‘PRICE OF PREJUDICE’ – INDIA TODAY
The story written by Kaushik Deka was published on 19 October 2020 after the Hathras rape incident, throwing the light on curse faced by Dalit women. Along with Hathras rape case, it talks about other rape and violence incidents against women in different part of the nation proving the point that regions are different but the script remains the same. According to report of NCRB- ‘Crimes in India: 2019’[6], total 32,033 rape cases were reported in India and out of these cases around 11% were Dalit victims. And this point out that 10 Dalit women are daily raped in India.
❖ SC/ST (PREVENTION OF ATROCITIES) ACT,1989
⮚ The act was made to prohibit discriminations prevent hate crimes and atrocities faced by scheduled castes and scheduled tribes.
⮚ This act was made to help in the inclusion of dalits into the Indian society.
❖ CASTE NOT THE ONLY FACTOR
The author points out that caste dynamics aren’t the sole factor in the rise in sexual crimes and brutal atrocities. Social observers say that there are other catalysts behind these barbaric acts. Dalit women are easy targets because they have least amount of legal and social security. Equality now and Swabhiman Society (not for profit doing work for women’s empowerment) both finds that Dalit women face more violent sexual crimes e.g. Rape with murder, gang rape and video-taping and mutilation. Apart from casteism, social tensions such as caste conflicts and economic disparity, seeing rape as tool to take revenge and easy availability of violent and sexual content and cheap internet; these are the other main factors responsible for rise in these crimes. “With over 500 million Smartphone users, India made up the third-largest consumer base of a leading pornographic website, according to data it released in 2018. And this despite a ban on porn sites.”
After 2012 Nirbhaya gang-rape case [7], laws were made stringent after the mass outrage, now rape has become a non bailable offence and can also invite death penalty. Increase in the sensitization and awareness along with victim friendly law and provisions like zero FIR has pushed more and more victims to approach the police. Adding to this, now testimony of victim faces fewer obstacles in the court.
❖ CURSE OF ADMINISTRATIVE APATHY
Moving further the author says that just making laws is not the solution as the crucial issue is implementation. If a rape survivor is not facing difficulties in filing an FIR, then it can cause mental trauma to the victim and this is as harsh and cruel as the assault. Seeing the statics, it can be concluded that police and state both have failed in proving the support to the victims anticipated in Criminal Law (Amendment) Act, 2013 and all these obstacles and loopholes are more accurate for Dalits and Hathras case is not an exception. This administrative apathy is not present in hathras only it is rampant is other regions and states as well.
In Alwar, a Dalit victim was raped by Gurjars in the presence of her fiancé, when she went to police; officers said that they are busy in Lok Sabha poll and delayed in lodging the FIR. Later when the media and opposition parties created the pressure then only the accused was taken into custody. Like this author mentions other cases from other states and how police were at fault.
Continuing in stating the loopholes, the author moves specifically to the state of Uttar Pradesh where the Hathras incident took place. According to political opponents, yogi government has been unsuccessful in providing security and dignity to Dalits but truth is crimes against Dalits have always been continued under all governments over the years. According to NCRB report, between 2015 and 2016(when Samajwadi Party was in power), Uttar Pradesh witnessed a 25% rise in crime against Dalits, which is highest in the country.
“At 28.6 percent, Uttar Pradesh ranks sixth among the states in terms of rate of crime against Dalits, according to NCRB data for 2019. In terms of charge sheets filed in cases of crimes against Dalits, UP’s record of 81.8 per cent is a bit higher than the national average of 78.5 per cent. Its conviction rate in cases under the SC/ ST (Prevention of Atrocities) Act is the second-highest in the country. With 535 cases of rapes of Dalit women in 2019, it ranks second among all states in absolute numbers, but in terms of rapes of Dalit women per 100,000 people, it ranks 11th” says ADG (additional director general of police) (prosecution) Ashutosh Pandey.
❖ THE WAY AHEAD
After pointing out to the problems and substantiating them with the statics and data, in the next part author lists out some suggestion given by social scientists. Two-pronged approach is given- making the systemic assistance available to the victims and sensitizing the society about rising above casteism and its barriers including biases against gender.
To make women and Dalit friendly system, there is urgent need to increase the efficiency of the police and making them empathic, so that registration of FIR doesn’t become a hindrance to the victim. When police don’t register the FIR or delays its registration then it leads to loss of time resulting foreignsic proof to be destroyed.
The gives the example of Nirbhaya rape case, how the early registration of the FIR had helped in punishing the culprits. While in the Hathras case, forensic evidence was collected after period of long 11 days, due to this the laboratory found no evidence of rape.
The officials are not trained to handle the forensic evidence, there is need to train the officials. It should be the motive of the government to not make such cases political one and keep them aloof from the politics.
SHE, THE DALIT -- OUTLOOK
I. RED EARTH AND THE SKY A DALIT BLUE by Christna Dhanaraj
“In trying to break out of the oppression we face and move forward in our struggles, we Dalit women have had to roar resist and really challenge the status quo in our everyday lives.”
Written by the article was published in 2020 after the Hathras case. This article primarily talks about Hathras case and its media coverage while it also questions media about being selective about the cases it covers despite being fourth pillar of democracy. While starting the article the author talks very normally about it and said it did not shock another reason being how rampant crimes against dalit women are.
Several activists pointed out that what happened in Hathras is nothing new and different, only the place is different otherwise the script is same. And due to this author is quite shocked to see the kind of attention media gave to this case, news channels were searching for dalit voices to support and speak on the horror of Hathras. Dalit writers were looked by the editors to write against caste privileges Social media influencers were showing support to the dalits and victims. This felt very unreal to the author, showing the sarcastic tone of the author, also showing that author feels quite defeated due to the frequency of these horrific crimes and how casually the administration deals with them.
Though author praise’s role and support of media in Hathras case but at the same time questions why media is so selective in cases, why media don’t cover all cases of caste-based violence.
Author being dalit herself draws a connection between her agony and dalit women’s of Hathras and points out the difficulties faced by the dalit women and do tries to show loopholes in the system.
II. The Ghost of Manu by Kiruba Munusamy
“Ours is a battle not for wealth, nor for power; is ours a battle for freedom, for reclamation of human personality.”
- Dr.B.R. Ambedkar
This is an essay written by Kiruba Munusamy. The author tells her own story of facing casteism and how she and her family followed the principle of Dr.B.R.Ambedkar. By citing her own story and Hathras case she says that law is just ink and paper. The author then particularly points out the flaws in administration while handling the SC/ST cases. Then author mentions some cases such as 1996 Bathani Tola incident, Shankar Bigha incident, Khairlanji murder, Bhanwari Devi Rajasthan pointing out legal system failure.
COMPARATIVE ANALYSIS
APPEAL TO READERS
⮚ While both the cover stories, in broader sense, talk about similar incident - the difference lies in the approaches. While Indian today’s cover story talks about rise in crime against Dalit women in whole and does not only specifically talk about Hathras case. It points out reasons of vulnerability of Dalit women then talks about caste and then also mentions that caste is not the only factor and also list out the failure of administrative system. Outlook’s cover story keeps Hathras case as the center of discussion and mainly points out towards law and media.
⮚ Thus, the story in India today provides much better views and scenario and different aspects.
LOOPHOLES IN THE SYSTEM
⮚ Despite following the different approaches, both the cover stories include criticism of the administration and loopholes in the system. Both the cover stories talk about administrative apathy and how the whole system has failed to provide security and dignity to Dalits.
LEGAL SYSTEM FALIURE
⮚ The second cover story talks about how in the past judicial system shoed insensitivity in this matter and has given shocking judgments leading to mass outrage.
⮚ This brings out the fallacies in the legal system as well. While in the first cover story, mostly the criticism of police and sate is listed but about the legal framework only positive things are listed out, implementation of laws is questioned but in that too police are blamed.
PERSONAL INCIDNETS – PERSONAL CONNECTION
⮚ First cover story is more of critical analysis of the whole issue but in the second story, the authors are themselves from that stratum of society and while bringing out the facts and writing their option, they have first narrated their personal incidents.
⮚ This thing gives more insights to the reader in this social issue as here author is keeping herself as a first person, not as a third person who is just analyzing the situation solely on the basis of facts.
⮚ Here the personal angle is also there.
LESS FOCUS ON SOCIAL CHANGE
⮚ In both the cover stories, mainly the focus is on administrative apathy, loophole in the system. And the authors just try to bring out changes through law and order.
⮚ Social change through awareness is focused very less. What at social level people can do is not brought into the picture.
CONCLUSION
“People think rape is a single crime. But for Dalit rape victims, it’s just the beginning of a lifelong chain of crimes and struggles: mental abuse, fear, intimidation, threats, denial of basic rights, denial of education and a decent livelihood — the list is very long. In fact, once you are raped, you stay a victim all through your life,”
The situation of Dalit women is worsening day by day and there is need to bring out changes in their lives. Even after more than 70 years of independence, this condition of Dalit women in the society is very worrisome. This curse of being born as female Dalit and poor needs to be broken and Dalit women should have basic human rights which each and every human being deserves.
Both the cover stories have played a significant role in bringing the real issues out and bringing the concerns of the community at a center stage. Both have pointed out the fallacies and given the suggestions but the role of society was absent in the whole picture. Even it was not clearly mentioned how to improve the system and bring out the changes, more focus was given on the implementation. But both the cover stories have helped to take this serious issue to larger audience.
This article is written by,
Content Writer- Tisha Roy,
NALSAR University, Hyderabad
[1] INDIAN CONST. art 15. https://indiankanoon.org › doc
[2] INTERNATIONAL DALIT SOLIDARITY NETWORK. https://idsn.org › caste-discrimination [3] Ismat Ara, ‘Hathras Gang-Rape and Murder Case: A Timeline’, The Wire, (Oct 28, 2020) https://thewire.in › women › hathras-gang-rape-and-murder. [4] Kaushik Deka, Price with Prejudice, India Today, Oct 19 , 2020 https://www.indiatoday.in › Magazine › Cover Story. [5] Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, No. 33 OF 1989 http://socialjustice.nic.in. [6] Crimes in India: 2019, National Crimes Record Bureau, https://ncrb.gov.in/en/crime-india-2019-0. [7]‘Nirbhaya Gang rape and Murder Case: A Timeline of Events’, The Wire, Feb 17, 2020, https://thewire.in › law › 2012-delhi-rape-case.
Comments