Surviving Conflict, Fighting Violence: Plight of women in War Zones

The author of this blog is Ritika Sharma. She is the Founder of the blog, HUMAN.DROITS, and is also an LL.M. Graduate from the Geneva Academy of International Humanitarian Law and Human Rights. She can be reached at ritika4523@gmail.com. 

Silhouette of person on window

Introduction

"If I could prevent the sun from setting, I would, because whenever night fell, they would start raping us." said Narcisa Claveria in an interview with NPR. She was one of the victims of sexual slavery by the Japanese military during World War II. They were regarded as "comfort women". These women were brutally assaulted by the military, and mental and physical pain still haunts them. 

Wars grievously impact the common people for their lifetime. They are deprived of shelter and food, and their human rights are grossly violated. However, for women, the fear of sexual violence doubles their struggles. During armed conflicts, apart from going through the grave challenges of saving one's life, women have an extra burden to save themselves from sexual assaults. The shocking fact is that even the men of their own country take advantage of the war by committing sexual crimes against women. 

Keeping in mind that the violence and atrocities during international and non-international armed conflicts are still uncontrollable, it is pertinent to address the issue of violence against women in war zones. Therefore, in this blog, I will talk about the reasons behind such violence and the historical instances of sexual violence against women and will continue the discussion in my upcoming blogs. 

Why violence against women?

Owing to the emergencies prevailing at the time of conflict, women are subjected to all forms of sexual violence by the people of enemy countries or even by the government security forces. However, the question arises that why even in the 21st century, this form of violence and discrimination against women go largely uncounted or unredressed? The primary reason that makes violence against women so common is the deep-rooted patriarchal notions that glorify the superiority of men over women, thereby giving rise to feelings of aggression and dominance over women. This, together with the disruption of justice mechanisms at the time of armed conflicts, make women vulnerable at the hands of the security forces. 

History of sexual violence against women

• "Comfort women" during World War II

As already discussed, "comfort women" was a term used for a group of young girls and women who were kept to provide 'sexual services' to the military personnel of Japan during World War II. The term seems to denote 'prostitution services', however, the elements like 'force' and 'detention' validly reflect that it was rather 'rape' and 'slavery' and that the term "comfort women" was euphemistically used. "Comfort women" included women from Korea, Japan, China, Taiwan, Dutch, and Indonesia. There were comfort centres such as 'Red House' or 'Belo Mansion' where lakhs of women were enslaved and raped and beaten to death. And the redress? Asian Women's Fund was created by Tokyo in the year 1995 to pay compensation to the victims of this sexual slavery. However, the Fund is in no way similar to the relief granted by the government machinery, but it is made of donations from private parties. The voices for reparation also triggered chilly relations between Japan and South Korea, as the latter asked for compensation for its women citizens who were subjected to sexual assault and were forced into the role of  "comfort women" for the Japanese army.

• The Holocaust

During the Holocaust, sterlisation, forced abortion, sexual abuse and rape were common. A gynaecologist named Gisella Perl talked about her horrifying experience during the holocaust and recalled, "On dark nights when everyone else was sleeping in dark corners of the camp, in the toilet, on the floor, without a drop of water, I delivered their babies" (Source: here). 

Women were sexually assaulted for being disobedient or they had to 'voluntarily' submit themselves in order to save themselves and their families. It was like a norm then, in the absence of any morality or application of laws. 

• Liberation War in Bangladesh

Between 200,000 and 400,000 Bangladeshi women were raped during the nine-month war in 1971 (Source: here). This was one of the weapons of terror adopted during the war. Several times, the women and young girls were raped in front of their family members to inflict feelings of shame and terror. It was a war between the leaders and between the countries, but the price was paid by the women, which included both Hindu and Muslim women. They still seek justice, reparation and restitution. 

• Darfur War

This is another story where rape was used as a weapon of war. In 2003, the civilians of Darfur were attacked, which included several incidents of women being raped and sexually assaulted. The saddening part of sexual violence is that many victims have been disowned by their own families or husband after having suffered the crimes such as rape at the hands of enemies. In an interview with Silaya by Amnesty International, she told, "Five to six men would rape us in rounds, one after the other for hours during six days, every night. My husband could not forgive me after this, he disowned me". The women whose legs and arms were broken during assaults were either killed or left on roads for dying. 

• Syrian Civil War

Syrian war has been going on for almost 12 years now and the number of refugees and internally displaced people has tremendously risen. According to UN Reports, sexual violence is prevalent amongst IDPs and in refugee camps and checkpoints. The prolongation of the armed conflict has grappled the nation and is leading to more severe social impacts such as early marriages of girls to provide some form of physical security. 

• Ukraine-Russia armed conflict

Sexual violence against women is not just an instance of the past, as the current Ukraine-Russia conflict highlights the forms of sexual violence against women. According to Hrystyna Kit, Ukrainian women right’s advocate (Source: UN Women), "Rape—usually gang rape—sexual torture, forced nudity […] and other forms of abuse have been documented by journalists, human rights organizations and law enforcement agencies.” OHCHR has reported 86 cases of conflict-related sexual violence between February 2022 and October 2022. It simply reflects that gender-based violence has become a common practice in conflict zones.

Final Thoughts

"On how bitter our lives have been

When they released us,

there's nowhere to go.

There's nothing to eat or nothing to wear."

This is a song written by the "comfort women" and described their condition in the 1940s, the scars of which are still fresh for many.

Distinctly, from the tragedy of "comfort women" to the current Ukraine-Russia Conflict, the story hasn't changed much, the conflicts inflict similar wounds, with little to no redressal mechanisms. Human rights were always violated, the difference is that earlier these rights were not codified, but now there is a prima facie breach of these rights, which I'll be discussing in my next blog.

Far worse is the fact that the discussion around sexual violence during these historical wars started quite late. We talked about religion, ethnic cleansing, and politics, but sexual violence emerged as a topic for discussion quite late. For example, it was in the 1970s that sexual atrocities against women during the holocaust were brought into the limelight. Also, the debate around the payment of compensation to the Korean women who were forced into sexual slavery by the Japanese military is still going on, even after about 7 decades of sexual violence. The reasons? Apart from 'shame and silence' around these topics, the politics and the subject of genocide dominated and shadowed this issue.

How much compensation could be adequate for the trauma that women undergo in war zones? In my view, nothing could match the dispensation of justice via fair and speedy justice mechanisms and the adoption of strict principles that could prevent these atrocities in future. 

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Intersectionality of Sexual Violence against Migrant Women in India

The author of this blog is Anureet Kaur. She is a second year BA LLB (Hons.) student at Rajiv Gandhi National University of Law, Punjab with interest in International Law, and can be reached at anureetkaur23266@rgnul.ac.in

Introduction

“It is vital that we respect, protect and fulfil the rights of all migrant women and girls, at all stages and in all types of migration.”

~UN Women

India is one of the most diverse countries in the world and has seen a wide range of intersecting forms of discrimination affecting women. Across centuries, Indian women have faced various kinds of discrimination on grounds such as caste, class, religion, etc. One such form of discrimination that has affected Indian women is migration. Sexual violence against women has never been new in India. We have seen various cases such as the Nirbhaya case, Kathua Gangrape case, Mathura case and recently Kolkata’s RG Kar case where women have suffered from various kinds of sexual violence in the form of rape, sexual harassment, domestic violence, eve teasing, and other kinds of violations. 

Sexual Violence suffered by women has always remained a grim reality in the country, however, its impact on migrant women has often been overlooked. Migrant women in India constitute one of the groups that have been suffering from various forms of sexual violence both in their home and their workplaces. Moreover, there have been very few studies analysing the violence and exploitation suffered by these women. In this blog, the author has tried to analyse the intersectionality at the heart of sexual violence against migrant women in India and the ways by which migrant women are marginalised through multiple and overlapping sources of subjugation and discrimination.

Women and Migration in India

Women migration has never been new to India. In traditional times, women used to migrate to join their partners or family, thus marriage was one of the major reasons for women’s migration in earlier times. However, due to globalisation, westernisation and modernisation, an increasing number of women are now migrating independently for various reasons other than marriage such as job, education, etc.

The National Census of 2011 reported that around 100 million women in India had migrated for reasons other than marriage, such as work, education, economic reasons, etc. However, the major reason for migration among Indian female migrants still remains marriage with about two of every three women migrants having moved due to marriage, as reported by the Census of 2011.

Moreover, there has been no primary study on female migration in India, thus, there is significant lack of data available on the sexual violence and exploitation faced by migrant women. The Census further suggests women migrants constitute ¼ of India’s population. However, the available statistics don’t cover the extent of the above issue and point towards the recognised data-based gap. Furthermore, the available data suggests that due to various factors such as economic, health, physical safety, etc., women migrants are more vulnerable to exploitation than their male counterparts in India.

Sexual-Based Violence Against Migrant Women in India

Sexual-based violence (SBV) against women in India has always been one of the major issues that the Indian society has been suffering. In this larger circle of vulnerability, migrant women form a more marginalised circle facing particular challenges both in their workplaces and at homes due to their gendered roles in society. Moreover, human rights organisations have frequently pointed out that migrant women are at higher risk of experiencing and being victimised by the SBV.

Unfortunately, SBV against migrant women is one of the critical issues that has often been ignored. Moreover, there are very few cases that get reported due to fear of victim shaming, retaliation, lack of support, political and other reasons. Gender is not a singular dimension leading to sexual violence against migrant women. It intersects with various other dimensions such as race, ethnicity, age, religion and others, widening the vulnerability of sexual violence against women migrants in India.

Legal Gaps: In Protection of the Rights of the Migrant Women

Significant gaps exist in the Indian legal framework when it comes to the protection of the rights of migrant women. Indian policies have often appeared haphazard when it comes to the protection and safeguarding of the rights of migrants. Article 19 of the Indian Constitution guarantees every citizen the freedom to move to any corner of the country. The internal migrants in India constitute one of the major sections of India’s working class, despite this, a large section of them is part of the informal sector of the economy and are paid meagrely. 

General Comment No. 26 to the landmark Convention on the Elimination of All Forms of Discrimination Against Women, 1979 addresses female migrant workers. However, in India, there is no direct legislation covering the issues of migrant women. The Indian government through various statutory legislations such as the Interstate Migrant Workmen Act, 1979 and MGNREGA, 2005 has tried to provide safeguards to protect the rights of migrant workers, especially women, by regulating various provisions relating to their employment, hiring, paying and working conditions. The ineffective implementation of these Acts has rendered them obsolete to protect the rights of the migrants. Thus, obtaining justice especially in the case of migrant women seems like a distant dream under the Indian legal framework.

The Harsh Realities: Examples of Sexual Violence Against Migrant Women

The issue of sexual violence against migrants has been largely overlooked. There have been various cases in India, reported as well as unreported, where the migrant women have been the target of sexual violence both at their workplace and their homes. One such case is of Gujarat’s fish processing industries, where the female labour force of Kerala suffered from various kinds of exploitation in the hands of their employers. 

On July 29, 2023, five-year-old girl child of a migrant girl was abducted and then brutally raped and murdered in the Aluva district of Kerala. Anti-migrant sentiment is rapidly increasing in India, especially in South Indian states such as Kerala and Tamil Nadu, where migrants are seen as a threat to available job opportunities. 

The most important issue remains the underreporting of sexual violence cases due to societal pressure. Bihar and Uttar Pradesh contribute the largest chunk to the migrant population of India. The migrants from the above states are often looked at as “outsiders” and a threat to the local jobs. This has even led to a rise in movements against their migration in states such as Maharashtra, Gujarat and Punjab. The exploitation of migrants in India is a major problem, however, the vulnerability of migrant women is much more concerning. Women are seen as a “property” in Indian societal structure and are more likely to be subjected to sexual harassment and violence. 

Steps to be Taken: Ensuring Protection and Empowerment

Justice in simpler terms is the use of the Rule of Law to benefit those who have the least access to it. One such group is the migrant women in India. The lack of legal recognition and documentation exposes them to several forms of sexual violence, trafficking and other forms of crime, thus, their legal documentation and recognition is the first step for their empowerment. 

Moreover, the author is of the opinion that to empower and help this community, four areas need to be covered:

1. Awareness: This can be done by finding ways to increase the awareness about their legal rights and the way they can protect them. For example, conducting legal awareness sessions regularly can be a step in the right direction.

2. Building grassroot structures: Building strong grassroot structures can help them to map the services that they can access, for example, establishment of one stop centres, mahila panchayats, etc. can be beneficial to them to a great extent.

3. Digital Capacity: Greater knowledge of technology will increase their access to the required services and support.

4. Access Justice: This is the most important step for the empowerment of this community. Government and judicial bodies should pursue effective reforms to fulfil the collective mission of making justice accessible, meaningful and tangible to these marginalised communities. 

The Hon’ble Supreme Court in the landmark case of Alakh Alok Srivastava v. Union of India, 2021 highlighted that the government needs to deal with the migrants in the most humane manner. The former CJI L Nageswara Rao pointed out that:

“Considering the situation, we are of the opinion that the State Governments/Union Territories should endeavour to engage volunteers along with the police to supervise the welfare activities of the migrants. We expect those concerned to appreciate the trepidation of the poor men, women and children and treat them with kindness.”

Moreover, there is an urgent need to integrate legal information about sexual and gender rights into the community. Providing accessible legal, health and other ancillary services can further ensure their protection and empowerment. 

Conclusion

Gender inequalities pave the way to heightened risks of sexual violence, disproportionately affecting migrant women and girls. Thus, the multiple forms of sexual oppression that migrant women experience need to be recognised and addressed through an intersectional approach, alongside promoting laws and initiatives that support their rights. There is a need to shape policies and practices at various levels to ensure that the human rights of these migrant women are effectively protected and safeguarded. 

References

• Premi, M. K. (1980). Aspects of Female Migration in India. Economic and Political Weekly, 15(15), 714–720. http://www.jstor.org/stable/4368564

• Census of India 2011, http://censusindia.gov.in/census.website/data/stories/women-and-migration-in-india 

• Department for International Development. (2015, January 1). Female migrants in India. GOV.UK. https://www.gov.uk/research-for-development-outputs/female-migrants-in-india 

• Jenna Allard, Maulik Jagnani, Yusuf Neggers, Rohini Pande, Simone Schane & Charity Troyer Moore, Indian female migrants face greater barriers to post−Covid recovery than males: Evidence from a panel study, 53, https://www.thelancet.com/journals/eclinm/article/PIIS2589-5370(22)00361-3/fulltext 

• Insights from the Intersectional Dialogues on Migration | Women in Migration Network. (n.d.). https://womeninmigration.org/2023/07/report-intersectional-dialogues-on-migration/ 

• Vijayaraghavan, Hamsa (2020). Gaps in India’s Treatment of Refugees and Vulnerable Internal Migrants Are Exposed by the Pandemic, https://www.migrationpolicy.org/article/gaps-india-refugees-vulnerable-internal-migrants-pandemic 

• Pulikkan, P. (2016). Migration and Integration from the Indian Perspective. In: Stüwe, K., Hermannseder, E. (eds) Migration und Integration als transnationale Herausforderung. Springer VS, Wiesbaden. https://doi.org/10.1007/978-3-658-11645-3_4

• Chishti, A. J. (2024, August 12). Migrant labours from up, bihar allegedly asked to leave punjab village by passing panchayat resolution, high court seeks state’s response. https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-migrant-labours-from-up-bihar-asked-to-leave-266488 

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Dalit Women in Punjab: The Silent Victims of Caste and Patriarchy

The author of this blog is Anureet Kaur, a second-year BA LLB (Hons.) student at Rajiv Gandhi National University of Law, Punjab, with an interest in International Law. Email ID: anureetkaur23266@rgnul.ac.in. 

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:

1. Women are often ignored in the Dalit movement.

2. 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 State Commission for Scheduled Castes Act, 2004

• 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:

1. Caste

2. 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:

1. 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.

2. 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.

3. 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. 

4. 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.

5. 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. 

6. 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”.

7. 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.

8. 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

• JUDGE, P. S. (2002). Religion, Caste, and Communalism in Punjab. Sociological Bulletin, 51(2), 175–194. http://www.jstor.org/stable/23619969.

• 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.

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• SUJATHA, D. (2014). Redefining Domestic Violence: Experiences of Dalit Women. Economic and Political Weekly, 49(47), 19–22. http://www.jstor.org/stable/24481021.

• View of Dalit Women in India: at the crossroads of gender, class, and caste. (n.d.). https://www.theglobaljusticenetwork.org/index.php/gjn/article/view/54/85.

• 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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