Skip to main content

Sexual violence: In 62% cases dominant caste groups 'target' Dalit girls under 18 yrs

By Rajiv Shah 

A new report, based on research carried out by Dalit women human rights defenders (WHRDs) in 13 Indian States, where they have been handling cases of caste-based sexual violence, has said that that in most of the cases, the perpetrators of sexual violence against Dalit women and girls belong to dominant castes.
Titled "Caste-Based Sexual Violence and State Impunity", the report says, "Of the 50 cases studied, details of the caste of 36 perpetrators are available: eight perpetrators each were from Yadav and OBC communities; four from the Rajput community; three each from the Jat and Muslim communities; two from the Sikh community; and one each from the Prajapati, Maratha, Brahmin, Vaniba Chettiyar, Vanniyar, Gupta, Thakur and Gujjar castes."
"An alarming finding is that in over half the cases (62%) men and boys of dominant caste groups have targeted Dalit girls under the age of 18 years", the report, which covers the States of Bihar, Chhattisgarh, Gujarat, Haryana, Kerala, Maharashtra, Madhya Pradesh, Odisha, Rajasthan, Tamil Nadu, Telangana, Uttar Pradesh and Uttarakhand, says.
The 50 cases examined in the report are based on incidents of sexual violence that took place over a span of seven years, between 2015 and 2021. Of these, 32 are from the last three years – between 2019 and 2021 – to assess the impact of the pandemic on access to justice by Dalit women survivors of sexual violence.
Citing the Hathras rape and murder case of Uttar Pradesh of 2020 and the Delhi Cantonment rape case of the nine-year-old Dalit girl of 2021, the report says, "Sexual violence is being used by those in dominant positions as a weapon to assert power and reinforce existing hierarchies."
Contesting the 2020 National Crime Records Bureau (NCRB), which says that around 10 Dalit women and girls are raped every day in the country, the report says, "This is merely tip of the iceberg. Official data represents only cases where the victims were able to file a First Information Report (FIR)."
It adds, "Data from the National Family Health Survey-4 shows that rates of sexual violence are highest amongst Scheduled Tribes (7.8%) and Scheduled Castes (7.3%) women, followed by Other Backward Castes (5.7%) and Others, i.e. groups not marginalised based on caste or tribe (4.5%)."
Citing a study titled Dalit Women Speak Out, conducted in 2006 by the National Campaign for Dalit Human Rights (NCDHR), covering 500 Dalit women’s experiences of violence in four Indian states, the report says, the study found that there were convictions in only three cases, i.e. less than 1% of the total instances of violence.
Fifteen years after the study, the report says, legal and policy environment has gone through dramatic changes as a result of widespread public protests, changes in penal laws on rape, expansion of the definition of rape, setting up of the Nirbhaya Fund, NCRB starting publication of disaggregated data on violence against Dalit women and girls, and amendment of the Scheduled Caste & Scheduled Tribe Prevention of Atrocities (PoA) Act.
Despite this progress, the report regrets, issues which impede access to justice are still being reported by survivors. The 50 cases analysed in the report, in fact, suggest that "caste-based nature of atrocities continues to be invisibilised by the public, government authorities and courts now, as it was before."
It underlines, "The systemic casteism and patriarchy inherent in the criminal justice system is also not adequately acknowledged and addressed. Caste-based attitudes and discrimination from the community, police, medical officials, prosecutors and judges all contribute towards impeding access to justice for Dalit women and girls."
Thus, "nationally, on an average, only 10% of the police force is made up of women... With respect to caste diversity, all states and union territories have a reserved quota in the police force for Scheduled Caste (SC) candidates. However, only eight states and UTs meet or exceed their SC constable quota."
Further, of the 13 States covered in the report, "Madhya Pradesh and Uttar Pradesh are doing the worst, having filled only 56% and 59% of reserved posts respectively. With respect to the judiciary, only 13% of judges in the High Courts across the country are women, while only 30% of judges in subordinate courts are women. Since Independence, there have been only six Dalit Judges appointed to the Supreme Court, with only one Dalit having held the office of Chief Justice thus far."
Acute lack of caste diversity in the criminal justice system, the report notes, has led to a situation where in one case out of the 50 cases studied, no FIR was filed due to constant pressure and threats from the accused, with the the police suspected to be colluding with the accused.
In another seven cases, according to the report, despite an FIR being registered, it did not include the offence of rape or attempt to rape, despite the survivor’s insistence. And in cases where the victim is dead, the family’s belief that a rape had taken place based on injuries to the genital areas of the victim indicating rape was disregarded.
The police failed to include provisions of the PoA Act in the FIR in 7 out of 46 for which the Act was applicable, the report says. In cases when FIR was registered under the PoA Act, this was done only based on the insistence of the victim-survivor or her family; or due to pressure by Dalit WHRDs. In some cases, the police appeared to be unaware of PoA Act provisions, particularly of the 2015 amendments which strengthened the Act.
Then, the report says, there were delays in filing FIR in as many as 22 out of 50 cases. "Such delays ranged from half a day to three months. The most common length of delay found was between two and five days."
Pointing out that NCRB data also prove this, the report says, "At the end of 2020, the pendency percentage in cases of rape against Dalit women and girls was 25.5%. This means that more than one-fourth of reported cases were pending police investigation at the end of 2020, despite the two-month limit to complete the investigation and file the charge sheet."
NCRB data also show on an avarage around 8.51% of cases in 2020 of atrocities against Dalits were ended by the police as ‘false’. "However, in Haryana and Rajasthan, 37.2% and 36.9% of cases of atrocities against Dalits, were designated false by the police. These figures show that in Haryana and Rajasthan, a large number of cases are dropping out", the report says.
Pointing towards long delays in the trial process, the report says, "In all 40 cases which have not been closed yet, the trial has been pending for more than two months – the stipulated time according to law for the completion of rape trials. The trials in three cases have been pending for over six years, and for over three years in seven others."
Nationally, too, a large number of cases remain pending trial. NCRB data shows 1,59,660 cases of rape pending trial at the end of 2020, the report says. The pendency for cases of rape against Dalit women and girls (cases pending before courts at the end of the year) was 96.3%.
Stating that the Covid-19 pandemic, lockdowns and other associated measures have caused further delays in trials, report says, pendency percentage rose from 91.4% in 2019 to 96.3% in 2020. Almost all cases studied in which the trial started in 2019 or later remain pending before courts.
In 37 out of the 50 cases studied, the report says, the survivors or families of victims received threats from the accused, their family or other members of the community and were pressured either not to complain or to withdraw or compromise the case. In two other cases, survivors noted that they received indirect pressure to compromise.
Of these 39 cases, in five the survivor or family of the victim agreed to change their statement before the police or court and stop co-operating in the criminal case, it adds.
Referring to the Nirbhaya Fund set up by the Government of India for the implementation of initiatives aimed at enhancing the safety and security of women in the country, the report says, "Only 46.21% of the total money allocated to the Nirbhaya Fund until July 2021 has been spent."
It adds, As per data released by Union Minister for Women and Child Development, in a written reply in the Lok Sabha in August 2021, around Rs 445.63 crore has been released to States from 2018 to 2021 for setting up centres across the country. However, only Rs 89.79 crore have been utilised by states so far – around 20% of the released funds."
The report regrets, "Bihar has only used 0.48% of these funds, while a few States have failed to utilise any of it. For instance, though West Bengal has been allocated Rs 2.94 crore, the State has not used any of this money."
The victims-survivors of sexual violence or their families are entitled to the right to compensation, both for the offence of rape as well as for offences registered under the Scheduled Caste and Scheduled Tribe Prevention of Atrocities (PoA) Act.
The a minimum compensation is to the tune of Rs 5,00,000 to victims-survivors of rape and Rs 8,25,000 to victims-survivors of gang rape. Of this 50% is payable after medical examination and confirmatory medical report, 25% after filing of a charge sheet, and 25% upon conclusion of the trial by a lower court.
However, the report says, a number of survivors and WHRDs have noted that "most of the money is often used to pay private lawyers to support the prosecution and to cover costs of travel for the victim or her family to attend court proceedings. In some instances, the money has been used to pay for the medical treatment of the survivor."
Thus, "Despite its importance and legal entitlement, compensation was not received in 31% of cases for which the information is available (14 out of 44). In a few others, compensation was not paid due to the lack of registration of an FIR, or only a part of it was received due to failure of the police to file a charge sheet."
"Even in the cases where compensation was received, it required repeated follow-up with government authorities from Dalit WHRDs and CSOs supporting the survivor. Where there is no support from WHRDs, survivors are often unaware of the entitlement to compensation or relief and the steps to do so", the report regrets.
"Further", says the report, "Despite the PoA Rules mandating the provision of the relief amount within seven days , the payment was delayed significantly in most cases. The period of delay ranged between two months and a year. Delays were more commonly reported in the payment of interim compensation (due after filing the charge sheet). In one case, it was received three years after the charge sheet was filed."

Comments

Bipin Bhatt said…
Sorry to differ. Sexual violence is related to haves n have nots. A poor brahmin or poor vania woman is also a victim. Wrong doers see an opportunity in this situation. They exploit it. The poor oppressed will obey to their desires, they believe. One can study it like statistics. I think, categorisation will lead in any direction we want it to. The lakh rupee question is, it is exploitation. It is also seen in jobs, business, where a woman wants wants job, to continue job, get promotion or a favour. This should not happen is an ideal condition. It happens. A few resist or overcome the temptation.
Such studies may lead us resulting conclusions we want. It can be seen through caste angle too
Unemployment leaves youngsters with time on their hands and movies, videos, and porn sites take over as guides. They are not taught to respect women who are treated like doormats by their elders. These form the perfect recipe for the moral degradation.
Unknown said…
Dalits and Adivasi women suffer the most, not only they are the most vulnerable but they are always denied justice. In reality Oppressor (upper) caste male prey on my Dalit and Tribal sisters, from Hathras, Alwar, desaiganj, Badanu to Ariyalur gangrape, there's is a pattern, in which Dalit and Adivasi girls are targeted and raped till death by Oppressor (upper) caste males. In India most of the cases of Rape and honor-killings are somehow related to caste oppression and Dalit Adivasi women are always raped and denied justice. Looking at Custodial Gangrape of Adivasi sister Mathura, even supreme court denied justice to sister Mathura. We Dalit Adivasi must organize ourselves so that we can protect our Dalit Adivasi sisters from Rape murder and oppression from the hands of Oppressor (upper) caste.

TRENDING

Whither Govt of India strategy to reduce import dependence on crude oil, natural gas?

By NS Venkataraman*  India presently imports around 80% of it’s crude oil requirement and around 50% of its natural gas requirements . As the domestic production of crude oil and natural gas are virtually stagnant and the domestic demand is increasing at around 7% per annum, India’s steadily increasing dependence on import of the vital energy source is a matter of high energy security concern. This is particularly so, since the price of crude oil and natural gas are considerably fluctuating / increasing in the global market due to geo political factors, which are beyond the control of India. India has promised to achieve zero emission by the year 2070, which mean that the level of emission has to start declining at slow and steady rate from now onwards. It is now well recognized that global emission is caused largely due to use of coal as fuel and natural gas as fuel and feedstock. While burning of coal as fuel cause emission of global warming carbon dioxide gas and sulphur

'Blatant violation' of law by Central government in making NREGA payments

By Our Representative  In September third week, NREGA workers across the country were mobilised for two day so raise their issues and submit a memorandum to the Prime Minister. Organised the NREGA Sangharsh Morcha (NSM), a collective of groups that work with NREGA labourers across the country, workers from 13 states -- Andhra Pradesh, Bihar, Chhattisgarh, Gujarat, Haryana, Jharkhand, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Telangana, Uttar Pradesh and West Bengal -- carried out Kaam Do Abhiyaan, staging demonstrations and rallies against what they called blatant violation of law by the Central government in making NREGA payments. While NREGA has had very positive impacts, it has lately become fruitless, exploiting labour, even though workers who have put in honest hard work have to wait for their wages endlessly, it was suggested.  In such a situation, there is a need to firm up NREGA implementation and end systematic corruption to ensure that workers get their basic NREGA entit

Fascism on prowl? Religious meet 'deeply pained' at silence of Church, bishops, priests

Counterview Desk  The ‘Forum of Religious for Justice and Peace’which held its 17th National Convention at the Montfort Social Institute, Hyderabad, Telangana from 22 to 24 September 2022 on the theme “Deepening our Identity as Religious: Responding to the Signs of the Times”, has expressed concern “at the deteriorating situation of our nation on every front”, especially stating, “Fascism seems to have come to stay” in India. At the same time, the convention, which took place with the participation of 60 persons from 16 states representing 20 religious congregations, in its unanimously-adopted statement added, “We have reached abysmal depths on every parameter: be it social, economic and political”, underlining, “The poor in India become poorer every day; the rich and powerful continue to profiteer at their expense and amass scandalous amounts of wealth.” Text: We, members (63 women and men Religious, from 16 states representing 20 Congregations) of the Forum of Religious for Justice

Muslim intellectuals met Bhagwat, extra-constitutional authority 'like Sanjay Gandhi'

By Shamsul Islam*  In a significant development a delegation of five Muslim intellectuals namely former chief election commissioner SY Quraishi; former senior bureaucrat Najeeb Jung; former AMU vice-chancellor and Lt Gen (retd) Zameer U Shah; politician-cum-journalist Shahid Siddiqui (presently with RLD); and businessman Saeed Shervani [Samajvadi Party] met RSS Supremo Mohan Bhagwat at RSS Delhi headquarters. The meeting was kept secret for reasons known to the participants and was held in August. According to the Muslim intellectuals the meeting held in “a very cordial” atmosphere continued for 75 minutes whereas time allotted was 30 minutes! In a post-meeting justification of the parleys Quraishi stated that their main concern was “the insecurity being increasingly felt by the Muslim community in the wake of recurring incidents of lynching of innocents, calls by Hindutva hotheads for genocide and the marginalisation of the community in almost every sphere”. This delegation consistin

Rajasthan cops 'halt' Gujarat Dalit women's rally: homage to untouchability victim boy

By Our Representative  In a surprise move, the Rajasthan police stopped a Dalit women's rally from Gujarat on the borders after it crossed Gujarat alleging that it would "disturb peace" in village Surana, Jalore district, where the gruesome incident of death of a Dalit boy took place on August 13 after he was brutally beaten up by his teacher on touching the drinking water pot. Sources said, while the Gujarat government had "no objection" in allowing the rally, which originated from the Dalit Shakti Kendra (DSK), an empowerment-cut-technical institute for teens founded by human rights leader Martin Macwan, on September 24 morning, the Rajasthan police stopped it for two and a half hours before allowing it to proceed to Surana. The decision to take out a women's rally was taken at a DSK meeting on September 5 following a condolence meeting of the NGO Navsarjan Trust, also founded by Macwan, activists committed to work against caste-based discrimination, orga

Why Bose's India Gate statue suggests RSS, BJP need violence-loving ‘Hindu’ Netaji

By Prem Singh*  In a TV channel debate, a BJP spokesperson and anchor shared and served a lie that Netaji Subhas Chandra Bose's daughter in her letter to the Prime Minister has alleged that the Congress kept devaluing Netaji to further Gandhi's non-violence; because Netaji had taken the path of liberating the country through violence mode by forming the Azad Hind Fauj (INA). They also praised the Bombay Royal Naval Mutiny of 1946 to confirm that the country got its independence through a violent route. I stated that I have read the letter of Netaji's daughter, and there is no such allegation in it. But a lie told in the intoxication of power is bound to be blatant. Netaji's daughter Anita Bose Pfaff, even in the past, has already requested some earlier prime ministers of the country to bring back the mortal remains of her father from Japan to India. In none of the letters she has spoken about devaluation of her father’s role in the freedom movement on the basis of Gandh

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Is coal import dependence of more than 50% by 2047 of any relevance to India?

By Shankar Sharma*  I have read the article " Building Resilience in India’s Power Sector " by N Vedachalam, released by the Observer Research Foundation, with a lot of interest. I expected it to provide few useful recommendations to our authorities in charting out a sustainable pathway to green energy transition much before the climate catastrophe push our communities to the precipice. But I am sorry to say that the overall discussions or the message implied in the article disappointed me. I was expecting the article, coming from an engineer with past experience in the power sector, to discuss the much needed recommendations to put the power sector on a sustainable developmental pathway. But I could notice mostly technical jargon and a lot of statistical information, which may already be available in the public domain.   The article also seems to have simply accepted what some of the official agencies seem to have indicated as inevitable for the power sector in our country;

Government 'fails to take up' Indian migrants' unpaid wages issue with other countries

By Rafeek Ravuther, Chandan Kumar, Dharmendra Kumar*  The migrant workers were one of the most vulnerable sections during the pandemic. India experiences large-scale movement of migrants internally and internationally. After the outbreak of the pandemic, migrant workers continued to face injustice especially in getting wages in expedited manner. In the international context, India, the home of 9 million cross-border temporary labour migrants, carried out the largest repatriation exercise ‘Vande Bharat Mission’. Even though the Indian government addressed the immediate requirement of repatriation, it failed to understand and recognise their post-arrival grievances, like back wages, social protection etc. Recently many workers were deported from the middle- east region. Amidst the establishment of grievance mechanisms such as Consular Services Management System (MADAD) and helplines in Pravasi Bharatiya Sahayata Kendra (PBSK), the unresolved grievances remain high. The number of unresolv

'True decolonisation move': Demand to name new Parliament building after Ambedkar

By Kancha Ilaiah Shepherd*  In recent weeks, there has been a demand for the new Parliament building being constructed on the revamped Central Vista in New Delhi to be named after the architect of the Constitution and anti-caste leader BR Ambedkar. On September 14, the Telangana Assembly passed a resolution urging the Centre to name the new Parliament building after Ambedkar. The Bharatiya Janata Party was absent during the debate about the resolution. The next day, the Telangana Rashtra Samithi-led government declared that the new secretariat in the centre of Hyderabad would be named after Ambedkar. Chief Minister K Chandrasekhar Rao added that he would write to Prime Minister Narendra Modi requesting him to name the new Parliament building in Delhi “Ambedkar Parliament”. The demand is finding resonance among civil society groups too and has led to social media discussions as well as public mobilisation.  But two questions arise: Should a Parliament that makes laws for a nation over a