The violable body: Systemic dehumanisation of Dalit womanhood
This article highlights the atrocities against women of the most marginalised population in contemporary India, i.e. the Dalit women. It explores how the sexualities of Dalit women are exploited, and their bodies are utilised as sexual tools to systemically subjugate and violate them by men of the dominant caste.
Introduction
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is an act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto (Ministry of Law and Justice, 1989). The Constitution’s legal promise for security and protection of the previously termed “untouchable” or “outcaste” community in contemporary India seems far from reality to bring them out of the perils of social discrimination and violent harassment. This age-old tradition of stringent social segregation, induced by the custom of patriarchy in India, continues to shape the realities of Dalit women in the 21st century. The caste system, patriarchy, and class divide make Dalit women vulnerable to a “multilayered” oppression. The caste system is not merely a ritualistic or religious construct but a socio-cultural tool for control. Practices of untouchability continue to persist despite being punishable under Article 17 of the Constitution. The Devadasi system (temple prostitution), a traditional practice of “offering” young girls from economically disadvantaged families of the “untouchable” or lower-caste to marry the local deity, who are later forced into sex work, has been banned since 1982 with the enactment of the Karnataka Devadasis (Prohibition of Dedication) Act (Colundalur, 2011). However, as tradition seeks to overpower human rights ethics, the Devadasi system has entrenched itself within a vicious cycle that allows it to continue even today. It is mainly sustained by a combination of strict class divide, dominance of the “upper castes”, chronic poverty, and grave exploitation of women. Therefore, the intersection of multiple factors makes the condition of Dalit women markedly different from that of their non-Dalit counterparts. This highlights the problematic idea of considering Dalit women as “easily available”. It is important to understand the reason many Dalit women's cases go unreported, and why many are refused their very right to seek justice. Structural discrimination by legal actors in society is a grave threat to a fair and just society that requires immediate action.
Understanding why
The concept of “brahmanical patriarchy” explains how the intersection of caste and gender creates a dual system of control, one that subjugates all women but actively exploits Dalit women (and women of the lower caste). Brahmanical patriarchy, as coined by Uma Chakravarty, is a system where caste hierarchy and patriarchy work together. This system controls women’s sexuality to maintain and protect the caste hierarchy and “purity of lineage”. Moreover, Dr B.R. Ambedkar highlighted the pivotal role of women in sustaining the Hindu caste hierarchy, describing them as “gateways” of the caste system. He argued that the rigid, closed boundaries of caste are preserved not only through endogamy (marrying within one’s own caste) but also through the systemic sexual exploitation and control of women’s bodies. In brahmanical patriarchy, this idea is made more explicit; women are structurally located at the centre of caste reproduction. It also explains how upper-caste women ought to be ‘protected’ and their sexuality regulated, as they are the bearers of caste purity; Dalit women or women from the lower caste fall out of this category (Chakravarti, n.d.). Because of their caste, Dalit women are excluded from this very protection, and their sexuality is exploited by men from the dominant caste. Therefore, Dalit women are considered outside the caste purity norms and, most importantly, as “accessible”. It justifies their exploitation through sexual or labour exploitation, where their bodies are considered unworthy of protection, but are appropriated. Thus, brahmanical patriarchy produces a graded system of gender oppression in which Dalit women face the most violent forms of subordination.
Scholars argue that “untouchability” is selectively applied. This hypocrisy of the caste hierarchy is most visible when the very rituals of “purity and pollution” that demand total separation for “sanctity” to maintain purity of the upper caste are blatantly ignored when upper caste men commit acts of sexual assault on Dalit women. Here, the assault on women from the lower caste does not mean “violating” one’s purity; rather, it is justified as performing an act of dominance intended to keep the entire community in a state of subjugation. Women’s bodies are not seen as an individual entity but as the symbolic repository of a group’s/ community’s collective “prestige” (izzat). Consequently, when one attacks or humiliates the women of the opposite group, it is either to take revenge or show dominance.
Patterns of impunity
Data from the 2011 Census highlights the significant scale of the Dalit population in India, estimated as 200-250 million people. Dalit women, numbering nearly 98 million, constitute 48.59% of this 16.6% segment of the Indian citizenry, representing nearly half of the group. The heinous act of rape against a Dalit woman is not a crime against an individual only; it must be understood as an interconnected act of the intentional assertion of power and male superiority, as well as the upholding of caste pride. According to All India Dalit Mahila Adhikar Manch [AIDMAM] – NCDHR, crimes against Dalit women and girls constitute 15.32% (62,819 incidents) of total crimes against Dalits, which were recorded between the years 2014 and 2022. Mostly in rural settings, the frequent targeting of Dalit women through public physical and sexual violence is often a calculated effort to uphold the caste hierarchy. This is because upper-caste men believe they have a right to own Dalit women both physically and sexually (Dutt, 2024). These atrocities, therefore, serve as a mechanism to suppress the community, whoever attempts to resist caste-based oppression or demand their own empowerment and a way to “discipline” them. Accounts from Dalit Women Speak Out by Yashika Dutt reveal a situation where Dalit women are subjected to lifelong sexual abuse as a normalised system of control where assault is used to “remind” Dalit families of their subordinate status. Testimonies of several respondents who were interviewed (500 predominantly rural women) described the practice in which an upper-caste man asserts dominance by raping a Dalit bride on her wedding night, which continues throughout her life. In some cases, the presence of an upper-caste man’s footwear outside the house serves as an indication that the husband is compelled to leave. This indicates that women are treated as objects of rape and a tool for revenge. As aforementioned, this is further exemplified by how society symbolically views and treats the sexuality of upper-caste women in comparison to lower-caste (Dalit) women, especially when discussing sexual violence against Dalit women. The idea that upper-caste women are often seen as “pure” and “worthy of protection”, while Dalit women are often viewed as more “accessible” or “sexually available”, is often used as a justification by the police not to file any FIR of a Dalit woman’s sexual assault; they blame her for it in most cases.
How society failed Dalit women
Manjula Pradeep, a lawyer and a Dalit rights activist, stated that the persistence of violence against Dalit women is often sustained by systemic factors, including efforts to maintain a false image of law and order and to protect upper-caste perpetrators, who frequently possess significant political and social power that enables them to intimidate victims and obstruct legal actions (Hussain, 2022). The state continues to fail Dalit victims in delivering justice. There is still a huge gap between the laws that exist to safeguard people from the Scheduled Caste and their actual implementation. Bias and discrimination against people from the lower caste (Dalits) within institutions like the police, healthcare systems, prosecution, and judiciary collectively obstruct Dalit women and girls from accessing justice. The failure extends beyond the specific institutions tasked with providing legal redress to the community; it represents a comprehensive failure of society altogether. According to Dutt (2024), the findings in Dalit Women Speak Out reveal a harrowing pattern of systemic secondary victimisation where Dalit women are frequently imprisoned on fabricated charges when seeking legal recourse for sexual violence. Furthermore, law enforcement agencies often evade official reporting procedures by using dehumanising classifications, such as labelling survivors as “criminals” or invoking the predatory stereotype that they are “sexually available.”
Selective justice
The persistence of unequal enforcement of laws in India is a grave threat to its constitutional morality. Dr B.R. Ambedkar, during the Constituent Assembly debates on 4th November 1948, had famously stated that the Indian population lacked a culture of Constitutional morality and had yet to develop a deeply rooted tradition of constitutional ethics. He had cautioned that democracy in India is merely a “top-dressing” (a superficial level) placed upon a societal foundation that is fundamentally undemocratic (Constitution of India, n.d.). This stays pertinent today. It is an exponentially greater challenge and almost impossible for Dalit women to get acknowledged by law enforcement agencies when they are sexually assaulted, as compared to the experiences of women from the dominant caste. According to a 2024 report by Citizens for Justice and Peace (CJP), there is a “disturbing trend of sexual violence against Dalit women and minor girls” in Uttar Pradesh, characterised by extreme cruelty. The report further states that these horrific crimes are exacerbated by “police inaction or alleged bias.” This ultimately leaves the victims of the marginalised families in a state of helplessness and perpetual fear (Citizens for Justice and Peace, 2024). This, therefore, shows how Dalit bodies are considered “violable” without consequences.
The comparison between high-profile cases like the Nirbhaya (2012) or Priyanka Reddy (2019) cases and those involving Dalit women explains what scholars and activists term as “selective justice”, where Dalits (or people from the Scheduled Caste) have to face systemic impunity and, in contrast, people from the dominant caste are protected/shielded. Following the 2012 Nirbhaya rape case, the Justice Verma Committee was established within days, leading to the Criminal Law (Amendment) Act, 2013, which overhauled India’s anti-rape laws. Here, the trial was fast-tracked, leading to the execution of the convicts (The Lawway with Lawyers Journal, 2024). In contrast, cases involving Dalit women often languish for decades, or sometimes the testimonies of the victims are erased, for example, the Hathras Case (2020). On September 14, 2020, a 19-year-old Dalit woman was allegedly gang-raped and brutally assaulted by four so-called upper-caste men from the “thakur” community, who eventually succumbed to her injuries. , with the victim eventually succumbing to her injuries. After the incident, the body was forcefully cremated against the wishes of her family by the Uttar Pradesh police. The police were accused of refusing to register the FIR in the first place (Al Jazeera, 2021). This case exposes the systemic failure of protecting human rights driven by a deep-rooted Brahmanical mindset. Initial police negligence and procedural gaps reflect a broader failure to provide due process to marginalised communities. It is essential to question the authorities and, more importantly, the state, as to whether protection of the oppressed and marginalised is a functional reality or merely a facade hidden behind the language of affirmative action.
Conclusion
The caste system ravages India’s development. As Dr B.R. Ambedkar stated, a country cannot't achieve political and economic equality without social equality, and caste discrimination is the very aspect that pulls back Indian society from achieving a liberal and egalitarian dream. The Scheduled castes (specifically the Dalit community) are constantly either discriminated against or harassed regularly. However, being born a Dalit female is to live with a storm above one’s head. From being marginalised because of her caste, she is mercilessly tortured and violated because of her gender, and she is constantly reminded through her experiences how her condition is worse than that of an upper-caste woman. Dalit women are reminded every day of their social status and are painted into a corner. News of a Dalit woman being raped or harassed by an upper-caste man appearing every other day, and most cases being either erased or the victim being accused, shows how society has systemically failed Dalit women. The 2006 Khairlanji massacre, involving the targeted sexual violation and murder of Prianka and Surekha Bhootmange, remains a definitive example of how dominant-caste violence is utilised to punish Dalit assertion if tried. The state’s failure to intervene and address cases relating to the community mirrors the ‘selective justice’ in more contemporary cases. The sexual violence of Dalit women is a complex intersection of Brahmanical patriarchy and entrenched caste hierarchies, where the victim’s individual identity is often erased and attacked because of her caste. The festering wound caused by rape creates a cycle of generational trauma, where the memory of such atrocities enforces a state of perpetual fear.
By Ayushi Das
Ayushi Das is currently pursuing Masters in political science from Maitreyi College, University of Delhi. Her interests mostly include global politics, gender and feminist studies. She views writing as a commitment to a social cause; it gives her a sense of accountability. She keeps an open door to new experiences and ideas that give her a different perspective on life.
References
Ministry of Law and Justice. (1989). The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Government of India.
Chakravarti, U. (n.d.). Conceptualising brahmanical patriarchy in early India.
Colundalur, N. (2011, January 21). ‘Devadasis are a cursed community’. The Guardian.
Hussain, E. (2022, February 24). Why UP’s crime records fail to report full extent of crimes against Dalit women. BehanBox.
All India Dalit Mahila Adhikar Manch. (2024). Factsheet 2024: Violence against Dalit women and girls in India. International Dalit Solidarity Network.
Dutt, Y. (2024, February 21). For some Indian women, caste is still a matter of life and death. Analyst News.
Constituent Assembly of India. (1948, November 4). Constituent Assembly Debates. Constitution of India
The Law Way with Lawyers. (2024, December 16). 12 Years of Nirbhaya Case: Has anything changed?
Citizens for Justice and Peace. (2024, February 1). January 2024: Harrowing incidents of violence against Dalit women.
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