Introduction
Intersectionality as a concept is a result of the presence and acceptance of historical notions in the everyday lives of individuals. It helps to connect the dots (social notions) already present in society, but are only given individualistic care without understanding the real picture. One such dot is caste, especially the Scheduled Caste and Scheduled Tribe. The presence of inherent caste-based discrimination in society was felt starting from the historical times (in the form of caste-based categorical notion of Hindu society) till the present (in the form of incidents and statistical reports). The main victims of this caste-based discrimination are, most of the time, women, as they are discriminated against on multiple fronts: gender, caste, class and sometimes economic status.
Source: (Kumar, 2021)
Why is Sexual Violence Committed against Dalit Women?
There are multiple reasons for the commission of sexual violence, some of which are:
Localisation of Dalit women:
According to the 2011 census, most of the Dalit population is concentrated in rural areas where there is a lack of quality education, awareness, economic growth, etc. Though the substantial number of rural villages has decreased, the main stereotypical notions against Dalit women still continue due to their societal acceptance.
Normalisation of sexual violence against Dalit women
Caste-based discrimination is one of the root causes of systematic violence. This has resulted in normalisation and tolerance or ignorance of the commission of sexual violence, starting from the psychological mindsets of the perpetrators to the people in charge of enforcing the law.
Intersectionality is a relatively new concept
The intersectionality approach was first conceptualised in the late 1980s by Kimberlรฉ Crenshaw. This led to a gradual shift in the reasoning of Courts from a case-to-case basis approach (oftentimes, either of the elements – Dalit or women was absent from the judgement) to an express acceptance and application of the intersectionality approach (like Patan Jamal Vali v. State of Andhra Pradesh).
Inability to report violence by victims themselves
Through the systemic oppression and consideration of other factors like poverty, family, and the power of the accused, the victims of sexual violence oftentimes resist reporting the incident or are unable to find a suitable platform to report them (especially in the case of sexual workers and victims of sex trafficking).
Power and Impunity
There is no honour in honouring crimes against women. The practical view of the inherent feature of caste in Indian society can be seen from the analysis of incidents of sexual violence against Dalit women till the judgement by the Courts. The process is full of thorns.
Are any Socio-Legal Steps Taken to Stop Sexual Violence?
An Act was enacted that considers the intersectionality of caste and gender. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, has laid down specific punishments for certain sexual acts like verbal and physical sexual abuse under section 3 (1)(w). It has also highlighted the commission of certain sexual offences of a general nature without any change in the punishment (section 3(2) (va) read with Schedule: sections 354A, 376B IPC)). The procedure for the trial of cases has been modified to a victim-oriented process, such as the establishment of special courts, the assistance of special public prosecutors, etc. This shows that the Act has led to the inclusion of the Dalit section of women within the criminal justice system. However, it lacks a positive activist approach, like additional or increased punishment and procedural sections, which can lead to a change in the approach of enforcement agencies.
Several recent judgements of the Supreme Court, High Courts and District Courts have highlighted the intersectionality of caste and gender in their judgements.
Accused raped a blind girl belonging to the Scheduled Caste
The Sessions Court took into consideration the fact that the victim’s mother was illiterate to dismiss the accused’s counsel argument for the removal of S.3(2)(v) of the Prevention of Atrocities Act, 1989
Besides awarding a life sentence to the accused, the Supreme Court recommended reformation in the Act of 1989 to include specific instances of sexual violence. It also considered the hardship of proving that the victim’s family belonged to the Scheduled Caste.
The case shows the disconnection between the aim of the statute and the procedural reality regarding sexual violence against Dalit women. It also shows that the application of the intersectionality approach demands more than mere formal acknowledgement of the problems faced by Dalits (by including them in the general criminal justice system by enacting a different Act).
A 15 years old girl belonging to Scheduled Tribe was gang raped
Only offence under Section 376 of IPC was registered, and no offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 was included.
The Government of India has launched the following schemes and initiatives for the prevention of sexual offences against women:
Emergency helpline: 112 with a category designated for women
One Stop Centre (OSC) scheme provides an integrated scheme for overall law enforcement agencies, including medical aid to victims of sexual offenders. Among the sanctioned 728 OSCs, 595 OSCs are operational
Different organisations, including Human Rights Watch, NGOs, and Legal Services Authorities, have successfully taken various awareness initiatives, like reports, helping to implement the schemes, and helping in the process of enforcement of rights
Why does Sexual Violence against Dalit Women Persist?
Statutory Loopholes of existing Acts
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is only applicable to offences committed by persons not belonging to Scheduled Castes and Scheduled Tribes and thus omits from its view people belonging to the caste who may abet the commission of the sexual offence. Also, the scope of acts included in the domain of sexual violence is expressly limited.
The Bharatiya Nyaya Sanhita, 2023 has highlighted some sexual acts like rape (section 63), gang rape (section 70), and outraging modesty (section 74). There are no specific caste-based punishments in BNS.
Lack of consideration of aggravating factors like technology
Procedural Limitations to the Application of Acts
Laws become mere representations of social issues and are useless when procedural implementation is lacking. The same is true in the case of sexual violence. Continuous incidents of procedural lapses like abuse of power, dereliction of duty by governmental and enforcement organisations, and lack of initiatives for the development of society have stalled the implementation of the Acts and judgements of the Court.
Descriptions in judgements of Courts as highlighted by an analysis of 12 judgements by the National Council of Women Leaders
The judgements, like those highlighted in the report, represent a contrasting picture of what is supposed to be portrayed by the Courts. An analysis of these judgements, some of which are mentioned below, highlights the victim struggling to reach the Court in the hope of getting justice often times have to lose their hope after the Court fails to appreciate the matter by giving the right judgement (due to procedural lapses, lack of evidence, improper application of substantive law, etc.).
Delay in delivery of judgement, like in the case of Karamchedu Massacre (in 1985), it was about 20 years, and the accused had died
The gang rape case of Bhanwari Devi in 1991, formerly known as Vishaka v. State of Rajasthan, highlights the vulnerability of female activists who protest for the protection of Dalits and against the stereotypical notions of society like child marriage.
There was a diversity of opinions between the public and the Court on the cause of the offence. For example, in the Khairlanji Massacre in 2006, it was held that the cause was revenge and not caste, which was judged on the ground of lack of evidence (which also later led to the acquittal of the accused)
Acquittals, due to insufficient evidence, such as in the 2014 Bhagana gang rape case, often fail to acknowledge the deep-rooted systemic oppression that not only hinders the collection of evidence but also daunts survivors from coming forward to share their harrowing experiences.
Issuing charges against activists who stand as a voice for the victim, by trial courts, like in the rape and murder case of Jisha in 2016.
Vicious cycle of oppression:
Sexual violence does not happen in isolation. Emotional and mental oppression create insecurity that limits educational opportunities. When safety is compromised, it fosters a cycle of issues that can impact future generations, underscoring the need to address these problems to create a safer, more supportive environment.
Lack of Specific Focus on Dalit women by the Executive
Under the constitutional structure, the executive is responsible for enforcing the laws enacted by the legislature. However, in the case of sexual violence, the Executive fails to uphold its duty, as can be seen from the lack of an intersectionality approach in the existing schemes for victims of sexual offences and Dalits. Various schemes have been launched to uplift Dalit people, including empowerment and economic growth. Still, no specific scheme or initiative has been put in place with regard to sexual violence.
Is there any Practical Solution?
To solve an issue, the first step is to accept the occurrence of the problem. This will lead to a smooth flow in the formulation and implementation of safeguards. However, there is, generally, both a lack of acceptance of the issue of sexual violence against Dalit women and an ignorance of the incident. This necessitates the adoption of the intersectionality approach as it not only helps to highlight the uniqueness of experiences faced by the victims but also helps to connect the existing movements for Dalits and women with each other.
The argument has increasingly been accepted in the courts, mirroring a change in societal attitudes, especially highlighted by the Ayodhya and Hathras incidents, and social programmes like Kabir Kala Manch in Maharashtra. As public perceptions shifted, they affected legal interpretations, demonstrating the link between societal values and the justice system.
Caution:
The application of the intersectionality approach is important. Still, it should not be used as a means to distract the general public from the actual incidents, as was done in the Manipur incident.
References
3 in custody over rape-murder of Dalit woman in Ayodhya. (2025, February 03). Retrieved from India Today: https://www.indiatoday.in/india/uttar-pradesh/story/three-police-custody-rape-murder-dalit-woman-ayodhya-uttar-pradesh-2673837-2025-02-03
Attacks on Dalit women: a pattern of impunity. (n.d.). Retrieved from Human Rights Watch: https://www.hrw.org/reports/1999/india/India994-11.html
Dalit. (2025, March 08). Retrieved from Britannica: https://www.britannica.com/topic/Dalit
How Fake News Created Pretexts to Lynch Kuki-Zo Women in Manipur. (2023, January 01). Retrieved from NewsClick: https://www.newsclick.in/how-fake-news-created-pretexts-lynch-kuki-zo-women-manipur
(2022). Initiatives for SC welfare. Ministry of Social Justice & Development. Retrieved from https://static.pib.gov.in/WriteReadData/specificdocs/documents/2022/apr/doc20224737401.pdf
Kumar, A. (2021, October). Sexual Violence against Dalit Women: An Analytical Study of Intersectionality of Gender, Caste and Class in India. Journal of Women's Studies, 22(10), 123-134. Retrieved from https://vc.bridgew.edu/jiws/vol22/iss10/11
(2021). Landmark cases of caste-based sexual violence from 1985-20220. National Council of Women Leaders. Retrieved from https://counterviewfiles.wordpress.com/wp-content/uploads/2021/09/cbsv-landmark-cases-illustration-english-ncwl-september-2021.pdf
Measures taken by Government to prevent Crime against Women. (2019, December 10). Retrieved from Press Information Bureau: https://pib.gov.in/newsite/PrintRelease.aspx?relid=195670
NCRB Report Shows Rise in Atrocities Towards Dalits and Adivasis. (2022, August 31). Retrieved from NewsClick: https://www.newsclick.in/NCRB-Report-Shows-Rise-Atrocities-Towards-Dalits-Adivasis
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