Introduction: The Overlooked Crisis
Punjab is a state that exhibits unity in diversity. The population of Punjab comprises diverse cultures, traditions, religions, castes and classes. On the basis of caste diversity, Punjab’s demography is heterogeneous. Punjab has the largest percentage of the Dalit population in terms of its proportion to the total population, i.e. Dalits constitute around 32% of the state’s population.
Dalit women are one of the most vulnerable groups in the state and are placed at the lowest rung in the societal structure. They are subjugated by both patriarchal and hierarchical structures prevalent in society. Moreover, they are exposed to barbaric conditions and human rights violations, thus undermining their dignity along with denying them their basic rights to equality and development.
When gender intersects with caste, it gives birth to unique lived experiences where “social identities” intersect with the broader framework of “gender” to create unique forms of discrimination and atrocities, making individuals vulnerable to violence. The same is the case with the Dalit women in the state.
In this blog, the author will analyse the issues of “gender” and “caste” from the broader framework of violence against women in the state of Punjab. The author will examine the status of Dalit women, gendered violence, legal framework, real-life cases and the general framework shaping their experiences in the state.
Dalits in Punjab: Caste Hierarchy and Social Marginalisation
According to the National Survey of 2011, the population of Scheduled Castes (SCs) in the country is 201,378,372. In India, SCs are often termed Dalits (historically considered as “untouchables”) and comprise about 16.6% of the country’s population.
Uttar Pradesh and Punjab hold the rank 1 in terms of the largest number of SC population and their proportion to the total population, respectively. The total population of SCs in Punjab is 8,860,179, which is roughly around 30% of the entire state’s population.
Punjab is ranked Number 5 in terms of a number of cases related to violence against the Dalits. Caste plays an important role in influencing everyday life in Punjab, however, it also needs to be noted that the caste hierarchy in the state is relatively weak in comparison to other states such as Uttar Pradesh, Madhya Pradesh, Maharashtra and others. This is because of the presence of Sikhism, a reformist religion which opposes the caste system and practices of untouchability, which are prevalent in other religions in the country (as has been established in this study). It also needs to be noted that the impact of caste might be lesser in comparison to other states; still, the classical features of the caste system are very much prevalent.
In Punjab, there is dominance of the upper caste (mostly the Jatt community) in terms of land ownership, decision-making positions and other sectors.
On the basis of the caste system, the division of various communities in Punjab can be broadly done on these lines:
Jatts (Jatts hold the top position due to their hold over land ownership and political structure in the state. They have a population of around 30-35%.)
Khatris, Aroras, Ahluwalias (Urban trading castes, having substantial control over the urban trade and industry in the state.)
Tarkhans, Ramgarhias, Rais, Lohars, Chimbas, Lannas, Kumahars
Chamars, Chuhras or Valmikis (lower castes)
The lower castes in the state are in a subordinate position to Jatts and trading castes. The reason ensues from structures of cultural differentiation. Dalits are mostly landless, and Punjab, being an agrarian state, the power dynamics mostly revolve around the ownership of land. Landlessness among Dalits has played a significant role in deteriorating their condition further. Dalits in Punjab are impoverished of equal treatment in their everyday lives.
Furthermore, the cases of violence against Dalits have been continuously increasing over the years in the state. The number of cases registered under total Crime/Atrocities against Scheduled Castes (SCs) in the year 2019 was 166 in comparison to 147 in the year 2015.
Violence Against Dalit Women and the Gendered Face of Caste Oppression
As discussed in the introduction, the violence against Dalit women in Punjab cannot be looked at just from the angle of “gender”; rather, we need to consider the duality of the issue at hand. In the societal framework, both caste and gender interact to influence the experiences of Dalit women in the state. The vulnerability of the Dalit women can be attributed to the following aspects:
Women are often ignored in the Dalit movement.
Dalit issues and concerns are not taken into consideration in the women’s movement.
Dalit women’s lives are a struggle for existence, survival and justice. The notions of “pure-impure”, “high-low” and “men-women” still exist in our societal framework. The condition of Dalit women has been rooted in them “being at the lowest rung of the caste hierarchy.”
Dalit women are subjected to various kinds of offences such as sexual harassment, molestation, rape, stalking, voyeurism and abduction, etc. The National Commission for Women acknowledging the same mentioned that “in the commission of offences against… scheduled caste [Dalit] women the offenders try to establish their authority and humiliate the community by subjecting their women to indecent and inhuman treatment, including sexual assault, parading naked, using filthy language, etc.”.
Moreover, the infliction of brutal offences such as sexual abuse and rape on these women is justified on the mere pretext that they belong to the lower caste. The violence against Dalit women is used as a weapon to sustain the caste hierarchy and persecute the lower caste. The subordinate position of Dalit women is often exploited both within and outside their community. Moreover, a lack of a platform where they can put their concerns further exacerbates their vulnerability.
There exist some protective measures to protect Dalit women from violence, which will be highlighted in the following section, however, these measures remain ineffective in protecting the rights of Dalit women in the state.
Legal Framework
India has strict laws to prevent crime and violence against the SCs and STs, such as the Protection of Civil Rights Act, 1955 and the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act). The major objective behind these Acts is to protect these communities from atrocities and all forms of exploitation and injustice. These Acts are at the national level and contain provisions specifically incorporated to prevent crime against Dalit women; however, due to the patriarchal and tenacious caste structure of the country, these legislations either become less effective or are transcended by the legal institutions.
The Punjab government has also passed several laws and regulations to protect the rights of the Dalit community, such as:
The Punjab Scheduled Castes Land Development and Finance Corporation Act, 1970
The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006
However, these legislations do not directly deal with offences and atrocities against Dalit women. Moreover, Article 15 of the Indian Constitution provides that the “State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” In the case of violence against Dalit women, there is a dual discrimination on the grounds of:
Caste
Sex (The Hon’ble Supreme Court expanded the definition of ‘sex’ to include ‘gender identity’ in the landmark case of the National Legal Services Authority (NALSA) v. Union of India (2014).
Thus, subtly emphasising that Dalit women should be brought to an equal pedestal by removing any sort of discrimination on the basis of caste and gender identity. Furthermore, the International Convention on the Elimination of All Forms of Discrimination against Women under Article 2 states that “the parties are required to establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination.” India is a signatory to this convention, thus, India should take effective positive steps to eliminate any sort of discrimination that violates the rights of women, especially Dalit women, who constitute a more vulnerable group within that class.
Case Studies: Stories of Oppression and Resistance
There are various cases that reflect on the atrocities and violence suffered by the Dalit women in Punjab due to the intersection of deep-seated identities: gender and caste. The following are some of the cases that shed light on the role of these identities in influencing the experiences of Dalit women in the state:
Rashmi v. State of Punjab, SCC OnLine P&H 12577
In this case, the accused (Vishal Sharma) promised to marry a woman. He also sexually harassed the victim for about 2½ years. Vishal remarked that he was a pandit and could not solemnise a marriage as she comes from a lower caste family. The Panchayat was held to resolve the dispute. In the presence of the Panchayat, the accused, along with some of his family members, abused the victim and her father as they belong to the Balmiki Samaj (a lower caste).
The complaint was filed under Section 3 of the SC/ST Act, however, the Court quashed the FIR and subsequent proceedings qua petitioners. The author is of the opinion that the Court overlooked protections against caste-based atrocities committed in semi-private settings. Furthermore, the case showcases the intersection of gender and caste in inflicting violence against the lower caste women. Discrimination on the basis of caste continues to strengthen patriarchal oppression and highlights the vulnerability of Dalit women.
Moga Molestation Case 2015
In 2015, a Dalit girl of 15 years of age was molested and thrown out of a moving bus with her mother in the Moga district of Punjab, which led to her unfortunate death. Shockingly, the key witness (her mother), refused to identify the four accused during the court proceedings. It is alleged that the mother was under pressure from the higher authorities, as the bus was owned by the ruling party in the state. This case shows the role of power politics in suppressing the voice of lower-caste women.
Surjit Singh v. State of Punjab, 2024 SCC OnLine P&H 2855
The victim belonged to the lower caste and was employed by the accused in his office. One day, when she was late with her work at night, she decided to stay in the office. The next morning, when she was taking a bath, the accused recorded her video. The accused started blackmailing her and forced her to have illicit relations with her. He also remarked that she is a daughter of Adharmi, Chamariye. During the court proceedings, both parties made a compromise and a settlement. This case highlights the intersectional vulnerabilities. Moreover, the author believes that settlement and resolution in such severe offences compromise real justice.
Accounts of Injustice Behind Bars
In 2006, three Dalit women from Muktsar district in Punjab accused the police of administering electric shocks to their “private parts” along with confining and torturing them illegally. State officials being involved in inflicting violence against women is one of the most unfortunate incidents, as the people who are expected to safeguard and provide justice are involved in inflicting crime against the marginalised and vulnerable people.
Gurdev Kaur v. Gurmit Singh, 2016 SCC OnLine P&H 15046
In this case, the complainant and her daughter were beaten and abused by the accused. The accused uttered the following words–
“KUTIAN CHUHRIAN DA DIMAG SATVEN AASMAN CHARIA PHIRDA HAI ATE EH JATTAN NAAL PANGA LENDE HAI MERI POHANCH BOHAT WADE AFSHRAN TAK HAI SONU BASTI VICHON KADHKE HE DAM LEGA HAI ATE TUHANU TUHADI AUKAT DIKHANI HAI”
(The accused used derogatory words and threatened the complainant and her daughter not to report the matter to the police, otherwise, they would be in trouble, as the accused has connections with the higher officials of the police.)
The case accentuates the use of violence as a weapon to enforce the prevalent caste structures, along with highlighting that the body of Dalit women is deemed disposable in upholding the social hierarchy.
Batala Case
Another disturbing incident was recorded in the Batala district of Punjab, where a Dalit woman was paraded naked in the village by the accused. The victim’s brother-in-law was alleged to have had an affair with a girl from the accused’s family. This case showcases the rapid use of violence against the less powerful to enforce the rigid structures of caste and hierarchy. Moreover, this also highlights how violence against women has been repeatedly used as “battlegrounds for caste honour”.
Baljit Kaur v. Jasbir Singh, 2015 SCC OnLine P&H 11022
Jasbir Singh was accused of committing the offence of rape on the victim, who belonged to a lower caste. According to the statement of the victim, the accused before committing rape remarked that he would pay her. However, the accused refused to give any money at a later stage. He took sexual favours from her over the period of eight months. Moreover, the accused took a sum of Rupees 1,20,000, which he later refused to return.
The High Court rejected the complaint by holding that the case will not fall under the offence of rape as consent of the complainant can be implied from her actions. The Court also refused to convict the accused under the SC/ST Act.
Although, the author would refrain from delving into the issue: Whether the accused can be charged for the offence of committing rape or not?. Still, this case highlights the vulnerability of Dalit women due to the intersectionality of gender and caste. The prevalence of social hierarchies and economic dependence further aggravates their vulnerability.
Rape of a 13-year-old Dalit girl in Sangrur
In Sangrur district of Punjab, a 13-year-old Dalit girl was raped in her own house. The matter was reported to the Punjab SC/ST Commission, and the accused was charged under the SC/ST Act along with other criminal provisions. The case showcases the vulnerability of Dalit girls in severe offences of rape, etc.
Way Forward
The atrocities and incidents of violence against Dalit women in Punjab accentuate the role played by caste and gender in inflicting oppression against them. Although Punjab is considered a state where caste does not hold a considerable value in influencing daily affairs, still, the social and economic structure of Punjab continues to be segregated along caste lines.
Moreover, in spite of the existence of constitutional and legislative provisions that prevent crime against Dalit women at both national and state levels, these women continue to be victims of violence and social exclusion. We need to acknowledge that the distinctions on the basis of caste are ingrained in the societal structure, thus, the first step that needs to be taken is to remove all those practices that sustain this culture.
As highlighted by Mr. B.R. Ambedkar, the education of these sections of society is an essential step to improve their conditions. Government and welfare organisations should work on providing education opportunities to Dalit women to make them conscious and aware of their rights.
Thus, the author recognises the fact that there are various positive changes taking place in the institution of caste in the state such as development in the economic advancement of Dalits and the assertion of equal rights for them, in spite of that, there is an urgent need to address the deep-seated injustices that are prevalent in Punjab’s social structure and deprive the Dalit women of their rights. The state needs to play an important role by effectively implementing the legal provisions and acting as guardians of its citizens in protecting their rights.
References
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TNM Staff, & TNM Staff. (2023b, December 7). NCRB data shows increase in crimes against SCs and STs, UP and Rajasthan on top. The News Minute. https://www.thenewsminute.com/news/ncrb-data-shows-increase-in-crimes-against-scs-and-sts-up-and-rajasthan-on-top.
TwoCircles.net. (2010, August 16). Dalit woman paraded naked in Punjab, one held. https://twocircles.net/2010aug16/dalit_woman_paraded_naked_punjab_one_held.html.
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Biswas, B. S. (2020, October 6). Hathras case: Dalit women are among the most oppressed in the world. https://www.bbc.com/news/world-asia-india-54418513.
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