CASTE AND GENDER: THE DOUBLE DISCRIMINATION FACED BY DALIT WOMEN

ABSTRACT

Dalit women live in the dangerous nexus of gender and caste, where oppression is heightened rather than added. The social, legal, and digital structures of India are inspected in this essay. These institutions frequently punish, exploit, and erase Dalit women while keeping them out of the ranges of representation, feminism, and justice. Dalit women are not only survivors of caste-based honour murders and cyber-casteism, but they are also builders of struggle against institutionalized abandonment in healthcare and education, transnational manipulation under globalization, and many more. This work reframes Dalit women as fundamental agents of structural disruption rather than as passive receivers of discrimination through historical tracing, legal analysis, and a mapping of lived veracities. Redefining justice in a way that highlights intersectionality, gives priority to participatory change, and recovers power from the margins is what it demands.

 TABLE OF CONTENTS:

1. INTRODUCTION
2. HISTORICAL AND SOCIAL CONTEXT
3. FORMS OF DOUBLE DICRIMINATION

1. Digital age and cyber-casteism
2. Globalisation and transitional exploitation

iii. Education and institutional discrimination

1. Sexuality and caste-based honour killings
2. Prison and criminalization of Dalit women
3. Media representation and cultural erasure
4. LEGAL AND JUDICIAL RESPONSES
5. Constitutional Safeguards

• Article 14
• Article 15 (1) and 15(2)
• Article 17

1. Statutory safeguards

• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(PoA Act)

• Protection of Women from Domestic Violence Act, 2005

iii. Gaps in implementation:

• Underreporting of Crimes
• Police Indifference and Bias
• Inadequate Investigation and Delays
• Judicial Insensitivity
• Low Conviction Rates

1. RECOMMENDATIONS
2. Mobile Clinics for Legal Aid: “Justice at the Door”:
   ii. Fast-Track Courts for Dalit Women: “From FIR to Verdict”:

iii. Representation in Local Justice: “Voices of the Margins”:

1. Units for Cyber Protection: “Digital Dignity”
   v. Crime Statistics by Caste: “Not Just Numbers”
   VI. CONCLUSION

VII. REFERENCES 

INTRODUCTION

In India, caste and patriarchy are two oppressive systems that harshly strike Dalit women. Gender-based domination limits her liberty and voice, while caste-based discrimination repudiates her access and dignity. Dalit women’s struggles are often hidden since they are not encompassed in caste justice narratives or mainstream feminist movements. They deal with violence daily, as well as structural hindrances in the areas of justice, work, healthcare, and education. But Dalit women still fight back—through leadership, writing, and grassroots activism—despite centuries of dehumanization. This essay illuminates the double discrimination people experience as strong transformation agents rather than as helpless victims of oppression. In order to create a society that is truly comprehensive and democratic, it is not only obligatory but also vital to acknowledge their lived experiences.

HISTORICAL AND SOCIAL CONTEXT

In India, a long history of patriarchal supremacy and caste-based hierarchy is the foundation of Dalit women’s injustice. Dalits, historically known as “untouchables,” were at the bottom of the caste system, which was recognized in ancient Hindu texts and alienated society into inflexible, hereditary divisions. For generations, Dalits faced methodical viciousness and isolation, deprived of access to education, land, temples, and fundamental human dignity.
This load was twice as heavy for Dalit women. They suffered from patriarchal standards within their communities as well as from the cruel casteist practices of upper-caste men. These hierarchies were reinforced all over colonial India, and despite their best efforts, many social reformers were repeatedly unsuccessful in focusing on the exclusive hardships faced by Dalit women.

FORMS OF DOUBLE DICRIMINATION

Dalit women experience two forms of discrimination: one based on their gender and the other based on their caste. Associated with women from controlling castes or males from their communities, they are more vulnerable to systematic violence, relegation, and injustice because of this junction. Some of the significant forms of double discrimination faced by Dalit women with respect to caste and gender are:

1. DIGITAL AGE AND CYBER-CASTESIM: Dalit women go through double prejudice in the digital era due to cyber-casteism, where their activism and identity are targeted by caste-based trolling and online abuse. Social networking spots often fall short in stopping these kinds of harassment, creating a hostile atmosphere. Their access to online assistance and legal remedies is further limited by the digital divide. Furthermore, caste and gender stereotypes may be armoured by AI and algorithmic bias, which are seen in facial recognition and conscripting technologies. This results in exclusion and systematic discrimination in tech-driven situations.
2. GLOBALISATION AND TRANSITIONAL EXPLOITATION: Dalit women are increasingly being oppressed because of globalization, predominantly as migrant labourers in Gulf nations who normally tolerate mistreatment and subpar working circumstances. Dalit women in nations including the UK, USA, and Canada have reported prejudice in their societies and jobs, signifying the determination of caste-based discrimination in the migration. To eradicate caste-based gender violence and mandate international justice, Dalit women are preparing to chase international legal action, along with appeals to UN authorities, despite their limited acknowledgement.[1]
3. EDUCATION AND INSTITUTIONAL DISCRIMINATION: Dalit women experience substantial dropout rates as a result of extensive caste-based discrimination in the education sector, which comprises bullying and exclusion from schools and educational institutions. “Merit” arguments recurrently contest confirmatory action through reservations, ignoring systemic injustices and deflation of their access to opportunities. In spite of these hindrances, Dalit women endure to be disproportionately understated in professor and leadership roles in academia, which reflects systemic racism.
4. SEXUALITY AND CASTE BASED HONOUR KILLING: Caste-based honour killings are frequently used to punish Dalit women for voicing their sexuality, predominantly when they are in relationships with males from the ruling caste. Caste prejudice and LGBTQ+ stigma are two layers of tyranny queer Dalit women must deal with. The fitting together of caste, gender, and sexual assault is further emphasized by the perseverance of traditions like the Devadasi system in some areas, where Dalit girls are being oppressed through temple prostitution under religious ploys.
5. PRISON AND CRIMINALIZATION OF DALIT WOMEN: Dalit women face unequal criminalization, normally because of false allegations and unwarranted police motivated by gender prejudice and caste. They experience mistreatment by officials, subpar facilities, and caste-based discrimination in jails. Deep organizational inequalities in legal and criminal systems are shown by the judicial system’s recurrent reflection of caste discrimination, with Dalit women more likely to get punitive penalties, including the death penalty.
6. MEDIA REPRESENTATION AND CULTURAL ERASURE: The media frequently compresses the varied certainties of Dalit women by depicting them as either helpless victims or excessively antagonistic. Bollywood and mainstream news occasionally give nuanced perceptions, disseminating detrimental prejudices. Since there are so few Dalit women working in journalism and cinema, their views are still not heard and acknowledged in media ownership and description. But through strong counter-narratives in Dalit literature, authors like Bama Faustina, Urmila Pawar, and Gogu Shyamala fight against this restriction and recover their identity and territory.

LEGAL AND JUDICIAL RESPONSES

1. CONSTITUTIONAL SAFEGUARDS:

Several constitutional provisions serve as the foundation for protecting Dalit women. Some of the most important clauses are discussed below:

• ARTICLE 14: Dalit women frequently do not receive the same protection and equality before the law promised by Article 14 of the Indian Constitution[2]. A substantial disconnect between constitutional objectives and actual realities is apparent in the fact that justice is neither equitable nor accessible to them due to caste and gender-based discrimination in social, institutional, and legal frameworks.
• ARTICLE 15 (1) and 15(2): The Indian Constitution’s Articles 15(1) and (2) prohibit discrimination on the grounds of caste, sex, religion, race, or place of birth[3]. Dalit women, however, experience multilayered prejudice that stems from caste and patriarchy. The Supreme Court, in a significant case, ruled that discriminatory religious practices, such as the prohibition on Sabarimala temples, are a breach of fundamental rights[4]. Article 15 is a crucial shield for Dalit women, who are frequently excluded from places and justice. However, in the absence of more robust execution and community enterprises to contest ingrained prejudices, its impact is still circumscribed.
• ARTICLE 17: The goal of Article 17 is to end caste-based discrimination by outlawing untouchability and making its practice illegal. However, the Supreme Court recognized that, despite constitutional protections, untouchability continued to exist in covert and overt manifestations in the State of Karnataka v. Appa Balu Ingale[5]. The Court emphasized that to protect Dalits from social rejection and humiliation, Article 17 must be interpreted liberally. This clause remains essential for Dalit women, who frequently face untouchability in both digital and physical forms. The principle of constitutional equality is undermined, however, by caste-based discrimination that persists under contemporary guises in the absence of strong enforcement.

1. STATUTORY SAFEGUARDS:

• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act): The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was enacted to prohibit caste-based violence and discrimination faced by SC’s and STs. This regulation intends to stop violence and prejudice based on caste. The Act was significantly armoured by the 2015 Amendment, which added additional sorts of offenses such as sexual assault, social or economic boycott, and deliberate insult, many of which unreasonably impact Dalit women. The operational cruelty Dalit women go through at the node of gender and caste is acknowledged by this law. But official insignificance, fear of reprisals, and ingrained caste bias in law enforcement make it challenging to gain justice under the Act. Despite the subscription of vital legal protection, the Act’s effectiveness is negotiated by insufficient implementation and a lack of responsibility, accountability, depriving many Dalit women of adequate protection or remedy against recurrent bias and violence.

• PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005:   Women who are victims of domestic abuse now have rapid access to legal remedies, including maintenance, protection orders, and the right to reside in their own houses, according to the Protection of Women from Domestic Violence Act of 2005[6]. Despite being a positive flinch, the Act’s fortification for Dalit women is often deprived of because of long-standing caste and gender inequities. Dalit women are dispirited from reporting abuse due to social shame, financial dependence, and limited access to legal help. Even when they do, judges and law execution officials could react apathetically or unethically, which would diminish the Act’s effect. The amalgamation of patriarchy and caste normally results in accepted violence at homes and communities, where Dalit women are silenced as a replacement for being encouraged. This demonstrates how instantly outreach, legal literacy, and caste-sensitive execution strategies must be reinforced to pledge that the Act reimbursement all women impartially.

iii. GAPS IN IMPLEMENTATION:

• Underreporting of Crimes: Dalit women often choose not to reveal crimes out of fear of retaliation, revenge, social pressure, or mistrust of the Indian legal system.
• Police Indifference and Bias: Police usually discard or dilute FIRs under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
• Inadequate Investigation and Delays: Weak cases and low persuasion rates consequence of inquiries that are commonly adjourned, poorly managed, or persuaded by strong caste groups.
• Judicial Insensitivity: Many judges supervise the societal context of caste-based violence, and courts often lack caste-gender sensitivity. Stereotyping and victim-blaming are not unusual.
• Low Conviction Rates: NCRB data[7] specifies that conviction rates under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are very low, extending about 30% or less in many states, significant weakness in both the trial and the investigation.

RECOMMENDATIONS

The following suggestions are specific to “Caste and Gender: The Double Discrimination Faced by Dalit Women” and are intended to have an impact while remaining feasible at the grassroots and policy levels:

1. Mobile Clinics for Legal Aid: “Justice at the Door”: Even approaching a police station would be difficult for Dalit women in most cases. Villages can have direct legal support and assistance over mobile legal clinics operated by qualified female legal assistants. In areas where caste and gender discrimination are most predominant, these clinics can assist in filing FIRs, educating women about their rights, and offering counselling, henceforth increasing access to justice.
2. Fast-Track Courts for Dalit Women: “From FIR to Verdict”: Dalit women’s legal cases are frequently adjourned. Trials may be led more swiftly, safely, and respectfully with devoted fast-track courts and appropriately trained personnel. This reduces pain, deters intimidation, and makes it clear that violence based on caste will not be accepted.
3. Representation in Local Justice: “Voices of the Margins”: The decision-making bodies that deal with gender justice must consist of at least one Dalit woman. Their thoughts and opinions should be heard, and their reality is signified at every level of the administration of justice when seats are reserved for them on local police commissions and legal aid establishments.
4. Units for Cyber Protection: “Digital Dignity” Dalit women are more and more being abused online, mainly when they speak up for their rights. An exclusive cyber squad can monitor threats of caste and sexism, take speedy legal action, and assist the victims. Dalit women should feel just as secure on the internet as they should in person.
5. Crime Statistics by Caste: “Not Just Numbers” The number of Dalit women who experience violence is often hidden by crime statistics. The government needs to proclaim distinct crime statistics according to gender and caste. This will disclose prejudicial practices and assist in creating more robust, focused policies for applicable transformation.

CONCLUSION

Dalit women’s lived realities show the most heinous combination of gender-based oppression and caste. They fight against a system that diminishes their identity, voice, and rights in addition to dealing with abuse. Addressing this double prejudice necessitates a fundamental transformation in our understanding of justice, equality, and dignity in addition to superficial legislative adjustments. Along with ensuring institutional responsibility and empowering Dalit women as change agents rather than merely survivors, law and policy must explicitly acknowledge intersectionality. Justice is not complete unless it is participatory, preventative, and grounded in human experience. To achieve a constitutional promise that has been postponed for far too long, true progress must be made by turning marginalization into visibility and quiet into action.

 

REFERENCES:

1. International Dalit Solidarity Network (IDSN), Dalit Women: A Briefing Paper (Briefing Paper, 2013) https://idsn.org/wpcontent/uploads/user_folder/pdf/New_files/Key_Issues/Dalit_Women/DALIT_WOMEN_-_IDSN_briefing_paper.pdf accessed on 12 April 2025
2. The Constitution of India – Articles 14, 15, 17.
3. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 2015 Amendment
4. Protection of Women from Domestic Violence Act, 2005
5. Tamil Nadu Social Welfare Department, Protection of Women from Domestic Violence Act (Tamil Nadu Social Welfare and Women Empowerment Department) https://www.tnsocialwelfare.tn.gov.in/en/social-legislations/protection-of-womens-from-domestic-violence-act accessed 12 April 2025.
6. National Crime Records Bureau (NCRB), Home (NCRB, Ministry of Home Affairs) https://www.ncrb.gov.in/ accessed 12 April 2025.