WUNRN
Association for Women's Rights in
Development
THE INTERSECTION OF CASTE AND WOMEN'S RIGHTS IN INDIA
India's booming economy and increasing prosperity does not conceal the fact
that an oppressive caste system still exists. The Indian Government has so
far failed in its endeavours to eradicate caste, and women in particular
are regularly subject to gross human rights violations as a result. In this
article, AWID explores the cultural and political terrain of caste and its
intersection with women's rights.
By Rochelle Jones - AWID
Caste is a system of social stratification that is descent based and
hereditary, determined by an individual's birth. Different to class, caste
is something that an individual cannot easily transgress. Whilst referred
to as an historical concept in India, the social classification of people
by caste is still prevalent – permeating housing, education, marriage,
employment and social relations in general. There have historically been
four predominant castes in India consisting of the Brahmins, the
intellectual class, Kshatriyas, the warrior class, Vaishyas, the
agricultural and trader class and Shudras, the service or manual worker
class. The former 'Untouchables' - now known as 'Dalits' or 'scheduled
castes' – fall outside the traditional four-fold caste system and primarily
continue to be considered by the upper castes as impure and polluting. As a
result, this large portion of the Indian population has been relegated to "a
lifetime of discrimination, exploitation and violence" [1].
"Untouchability" is a concept related to the demeaning traditional work
performed by Dalits such as sweeping and manual scavenging (the
illegal-but-still-very-much-in-practice task of cleaning human excrement
from India's roads and dry latrines). "Untouchability" was abolished in
India's Constitution, meaning that the dominant castes can no longer
legally force Dalits to perform any "polluting" occupation. Yet this type
of work is "still the monopoly of the scheduled castes...Migration and the
anonymity of the urban environment have in some cases resulted in upward
occupational mobility among Dalits, but the majority continue to perform
their traditional functions" [2].
The Indian Government has implemented comprehensive Constitutional
provisions and other legislation to combat discrimination based on race and
caste, including quotas of reserved seats in Union and State legislatures
and of posts in the public service. The Government has also established
several institutions responsible for the implementation of
anti-discrimination legislation and for the monitoring of discrimination
and violence against members of scheduled castes and scheduled tribes,
including the Ministry of Social Justice, the Ministry of Tribal Affairs,
and the National Commissions on Scheduled Castes and on Scheduled Tribes.
The Prime Minister himself has condemned the discriminatory treatment of
Dalits and likened the practices of "untouchability" to that of apartheid
in South Africa – but at the same time has failed to demonstrate the
political will to address it. Unfortunately caste discrimination against
Dalits is "both a political reality and social fact" [3].
Reality of caste discrimination in India
In a recent shadow report to the United Nations (UN) Committee on the
Elimination of Racial Discrimination (CERD) by Human Rights Watch (HRW) and
the Center for Human Rights and Global Justice, the current reality of
discrimination against Dalits was exposed [4]. The report is based on
investigations by HRW and the findings of Indian Governmental and
non-governmental organisations on caste-based abuses and suggests, for
example, that the government's failure to address caste discrimination "has
resulted in continued, and sometimes enhanced, brutalities against Dalits"
[5]. Excerpts from the report of some of the main issues facing Dalits
follow:
* India's National Human Rights Commission (NHRC) has commented that the
law enforcement machinery is the greatest violator Dalit's human rights...
The police often target whole Dalit communities in search of one individual
and subject the community to violent search and seizure operations. Dalit
women are particularly vulnerable to sexual violence by the police, which
is used as a tool to punish Dalit communities. Police also actively allow
private actors to commit violence against Dalits with impunity (p4).
* Residential segregation of Dalits is prevalent across the country, and is
the rule rather than the exception. Segregation is also evident in schools,
in access to public services, and in access to services operated by the
private sector. A recently published survey documented "untouchability"
practices in almost 80% of the villages surveyed (p7).
* The police have systematically failed to protect Dalit homes and Dalit
individuals from acts of looting, arson, sexual assault, torture, and other
inhumane acts such as the tonsuring (shaving a person's head), stripping and
parading of Dalit women, and forcing Dalits to drink urine and eat faeces
(p9)
*Strict prohibitions on marriage and other social interaction between
Dalits and the upper caste routinely violate the rights of Dalits to marry
and choose their spouse. Dalits who have married 'above' their caste have
reportedly been forced to break all ties with their families (p10 & 70).
* The denial of the right to work and free choice of employment lies at the
very heart of the caste system. Dalits are forced to work in "polluting" and
degrading occupations such as manual scavenging and are subject to
exploitative labour arrangements such as bonded labour, migratory labour
and forced prostitution (p12).
The caste/gender intersection
Dalit women are positioned at the bottom of the caste hierarchy, subject to
multiple forms of discrimination on the basis of their caste, class and
gender. According to a 2006 report [6], "Dalit women endure violence in
both the general community and in the family, from state and non-state
actors of different genders, castes and socio-economic groupings". Most of
the violence that Dalit women face is perpetrated against them in public
spaces and women find it almost impossible to obtain informal or formal
justice. Dalit women are subject to a multitude of atrocities, including
rape – which is perpetrated with impunity with little or no redress in the
courts -, sexual abuse and humiliation. As is typical in many situations, a
woman's body is perceived as representing family and community honour, and
to teach a family or community a lesson, women are generally the primary
targets.
The practice of devadasi particularly illustrates the gender/caste nexus
with regard to the violation of women's human rights. This practice is
where "a girl, usually before reaching puberty, is ceremoniously dedicated
or married to a deity or temple... Once dedicated, the girl is unable to
marry, forced to become a prostitute for the upper-caste community and
eventually auctioned into an urban brothel". Devadasi's usually belong to
the Dalit community. [7]
In addition to the violence Dalit women routinely face from the upper
castes, they are also found at the bottom of the Dalit hierarchy. This is
directly related to their poorer social and economic status as women, and
they are inevitably channelled into the most hazardous and degrading work
for survival. Government estimates suggest that there are about one
million manual scavengers in India, and 95% are women. Research indicates
that despite manual scavenging being illegal, its practice is actually
increasing [8]. This type of work is demeaning, unsanitary and hazardous,
and has a social stigma attached to it where even other Dalits won't
associate with individuals who perform the work. Their stories are
unfathomable, with one woman describing how she felt that she herself was
human excrement.
The violation of Dalit women's rights is characteristic of the intersection
of caste and gender, and is further legitimised by the subordination of
women's rights in general. "India has failed to address the multiple axes
of discrimination faced by Dalit women - including their unequal access to
services, employment opportunities, and justice mechanisms as compared to
Dalit men - and threats to their personal security, including through
brutal acts of sexual violence" [9]
How can India address caste-based discrimination?
India is bound by its obligations under the UN Convention on the
Elimination of all Forms of Racial Discrimination which in Article 1
defines "racial discrimination" as "any distinction, exclusion, restriction
or preference based on race, colour, descent, or national or ethnic origin
which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of human rights and fundamental
freedoms in the political, economic, social, cultural or any other field of
public life". [10]
In their fifteenth to nineteenth periodic reports, which were considered by
CERD in February 2007, the Indian government claimed that discrimination
based on caste falls outside the scope of Article 1 of the Convention. As a
result, their reports did not outline any instances of caste discrimination
nor any concrete measures undertaken by the government to address
caste-based discrimination. [11]
This is a clear indication of a lack of political will to fully acknowledge
and address discrimination against Dalits in India. After consideration of
India's position, CERD maintained and reaffirmed that discrimination based
on the ground of caste is fully covered by Article 1 of the Convention -
expressed in general recommendation No. 29 "that discrimination based on
'descent' includes discrimination against members of communities based on
forms of social stratification such as caste and analogous systems of
inherited status which nullify or impair their equal enjoyment of human
rights." [12]. India will be required to report on caste-based
discrimination in their next report to CERD, due in 2010.
The inroads taken in addressing this apartheid-style of discrimination -
such as Constitutional amendment, specific legislation and monitoring
bodies and reservations for Dalits in education and politics - are a
positive step in the right direction, but are clearly not being effectively
implemented. Further, there seems to be a need to focus on abolishing caste
itself, not just the discrimination that is inherently built in to the
system. An Indian academic asserts that "caste discrimination exists
because people continue to believe in caste. Indian democracy is,
paradoxically, a culprit. By encouraging the formation of democratic
participation along the lines of identity, caste is, in fact, reinforced
every time India goes to the polls. The recent electoral gains of the
Bahujan Samaj Party in Uttar Pradesh must be seen in the context of this
double-edged nature of caste." [13]. (The Bahujan Samaj Party are a
political party representing the interests of low caste and Dalit
peoples).
Non-government organisations like the National Campaign on Dalit Human
Rights, the National Federation of Dalit Women and other local
organisations have been extremely active in campaigning and raising
awareness of Dalits' human rights situation, as well as holding their
government responsible for its inadequacies. In order for a complete
cultural shift away from caste to take place in India, however, the
Government urgently needs to back its rhetoric on India's 'apartheid' with
real and quantifiable measures that address the litany of human rights
abuses being perpetrated against Dalits, and in particular, Dalit women.
NOTES
[1] Hidden Apartheid, 2007. Human Rights Watch and the Center for Human
Rights and Global Justice, p2. Available to download from:
http://www.hrw.org/reports/2007/india0207/
[2] National Campaign on Dalit Human Rights.
http://www.ncdhr.org.in/ncdhr/general-info-misc-pages/wadwiu
[3] The Hindu. August 2007. The caste system – India's apartheid?
http://www.thehindu.com/2007/08/18/stories/2007081856301200.htm
[4] See Note 1.
[5] See Note 1.
[6] National Campaign on Dalit Human Rights, March 2006. Dalit Women Speak
Out: Violence Against Dalit Women in India.
http://www.indianet.nl/pdf/dalitwomenspeakout.pdf
[7] See Note 1.
[8] National Campaign on Dalit Human Rights.
http://www.ncdhr.org.in/ncdhr/campaigns/manualscavenging
[9] See Note 1.
[10] International Convention on the Elimination of All Forms of Racial
Discrimination http://www.ohchr.org/english/law/cerd.htm
[11] United Nations Committee on the Elimination of Racial Discrimination.
Seventieth session 19 February – 9 March 2007. CONSIDERATION OF REPORTS
SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION. Concluding
observations of the Committee on the
Elimination of Racial Discrimination – INDIA.
http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/0a287107325678c5c12572ed004ac999/$FILE/G0741717.pdf
[12] See Note 10.
[13] See Note 3.
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