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Sociology 2 articles notes (1)
Sociology 2 articles notes (1)
All men for a long time have had a dream of a society free from Exploitation and oppression
Where everyone is equal – no division between the haves and the have nots
This still remains a dream, all societies still have some sort of social inequality
Power: this is the degree to which individuals or groups can impose their will on others, with or
without the consent of those others
Prestige: amount of esteem or honour associated with social positions, quality of individuals
and styles of life.
Wealth: refers to the material possessions defined as valuable in particular societies.
1) hold fast to constitutional methods of achieving our social and economic objectives. Say no to revolution.
As these methods are nothing but the grammar of Anarchy. The sooner these methods are abandoned the
better
2) observe caution. Here John Stuart Mill said “not to lay their liberty even at the feet of even a great man,
or to trust him with power which enable him to subvert their institutions.
3) Not being content with a mere political democracy. There is also a need of a base of social
democracy.
Social Democracy
● liberty cannot be divorced from equality, equality cannot be divorced from liberty, they both also cannot be
divorced from fraternity
● In the context of the Indian society there is a complete absence of 2 things
1) Equality - society on the basis of graded inequality. Here in india some are wealthy but some are in abject
poverty. There is a contradiction between political life and social and economic life in the sense that while
in the political sphere there is talk of one vote for all and equality in the context of the social and economic
life
2) Fraternity- this is the sense of brotherhood between the people of a nation.
According to Ambedkar the goal is to become a nation. The concept of caste is anti-
national
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ARTICLE 3: WHAT IS A SOCIAL MOVEMENT?
● Unique as they are guided purposively and strategically by the people who join them.
● They mobilize and do their business mostly outside established political and institutional channels
● Social movements move history along, sometimes in significant ways
● Social movements in the current scenario as well bring about big changes. In 2011 the prime magazine
gave the protestor as its person of the year.
● Social movements voice wide ranging demands for political change.
● In democratic polities such as spain and the US social movements are quite common. They are an
important part of the political landscape
Study of social movements
● there has been much c hang 9e since Tilly and they can be fíine tuned to provide better reflection of the
advancement of the field while still maintaining insight on the fact that focus on one draws the analyst to the
relevance of others.
● Firstly A large body of research has emerged showing that movement groups and organisations do not stand
alone but are linked in network structures through overlapping memberships, interrelations among member and
contacts among leaders.
● Taking into account the network structure of a movement that ties together various organizations of different size
and formality, it is more accurate to refer to the broader structural sphere of a movement.
● It is a label that captures the relatively fixed networked relations among groups, organizations and
individual participants that characterize social movements large and small. The structural sphere is a crucial
focus because it is through interlinkages among organizations that resources are brought to bear for
mobilization – getting people into the streets and applying pressure on politicians. These ties are also the
skeletal structure of a movement’s unity and continuity. Groups can dissolve and organizations can be torn by
schisms, but the general movement is characterized by temporal persistence beyond the fate of just one group.
● Secondly ideas fuelling a movement give guidance, cohesion and include the time tested and widely studied
notions of ideology, goals, values and interests
● In recent years, however, researchers have probed the concept of collective identity as a key ideational
element that binds together the individuals and groups within a movement.
● Collective Action Frames – these are cognitive schemata that guide interpretation of events for movement
participants, bystander public and poltical elites and are distinctive from a systematic ideology or vaguely
defined cultural values and norms
● Both collective identity and interpretative frames are ongoing collective elaborations anchored in situations of
interactions. This is a finding that moves research on these ideational dimensions
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from books, ideological tracts, and manifestos where movement goals and demands are
expressed, to spoken interactions among participants.
● ideational–interpretative sphere of a social movement is used to capture how the analytical scope of
a movement’s ideas have been broadened in recent years.
● Thirdly, extension of tilly’s focus on the events to include all the elements in a movements repertoire, how
they are performeda dnhoe they are reacted to.
● Tilly is instrumental in developing a performatice approach
● An emphasis on the performances of a movement rather than its protest events also follows cultural
sociology’s basic insight of social action as theatre
● Viewing a social movement protest as a performance puts it in its full context of the actors and the various
audiences, and broadens the way we study social movements by situating them in dynamic relationships.
● The core region is where the analysts of social movements concentrate attention
● Although one’s interest originally may be focused on just one of the three spheres – a particular group’s
ideology, for example – the researcher is invariably drawn to other groups (via network ties) which share
similar ideas, and how they translate their ideas to action. Implied is that there is an iterative and reinforcing
relationship among the three.
● The figure also portrays three crosshatched areas that bud out from its core where only two spheres
intersect.
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● These areas capture how related groups, ideas, and actions that are not strictly part of the movement still may be
interesting to the researcher because they occupy a middle ground that is less removed from ordinary,
instutionalized social relations but at the same time supportive of social cha
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ARTICLE 4: - INTRODUCTION: DYNAMICS OF SOCIAL MOVEMENTS, REVOLUTION, AND SOCIAL TRANSFORMATION
● Social movements have been struggling against repressive states advancing the interests of dominant classes
for many centuries. Over time, millions of people have organized and become empowered to bring about
social change and transformations in numerous societies across the globe.
● These movements are usually against the oppression by the dominant classes and the movements employ
mobilization, protests, and political responses.
Some social movements develop spontaneously and w/o any prior preparation.
Uprisings have occurred in oppressive systems in every situation such as slavery, feudalism and capitalism.
Eg:
1. Slave Rebellions in Rome
2. Peasants revolt in Germany
3. Transition from feudalism to capitalism in Europe
4. Bourgeois revolutions of the 18th century
5. Free Trade movements
● Objective – prevailing class structure of society (the prevalence of dominant and oppressed classes) The
political structure and the nature of the state, existing social and economic conditions.
● Subjective conditions – the level of class consciousness among oppressed classes. The
emergence of leading figures, organizations, and political parties of the oppressed.
The response of the government and dominant classes. The balance of class forces and mass mobilization.
In considering the opposing classes engaged in a struggle it is important to know the nature composition of the
dominant class, including its various fractions, who the state represents, who the oppressed classes are that
want to replace the established order, and what the class alliances are in the social movements in questions
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Both of these conditions come together at the breaking point where the level of consciousness has reached its
limit to tolerate the objective conditions and there begins a social movement.
In short, we can say that the objective conditions are the situation of the society due to which a movement takes
place and subjective conditions are the conditions that emerge in the society which aims to deal with the conflict
which arose due to the objective conditions.
Conditions reqd. before a social movement can emerge by Howard J. Sherman and James Wood-
1) The social structure must lead to conflict among the classes that exist in society
2) Economic, social or political deprivation should occur due to the structural conditions (can be called as
objective deprivations)
3) These objective deprivations must lead to conscious feelings of deprivation which will lead to form the ideology
4) This ideology should be worked upon by organizations for mobilization of the discontented group
5) There should be a weakened social control from the dominant class for these movements to emerge.
6) Precipitating events can lead to trigger of the social movement
Albert J. Szymanski in his book The Capitalist State and the Politics of Class- conditions necessary for the
emergence of a social movement-
I. Felt oppression- can be in any form economic, social or political
II. Decline of the dominant class’s ideological hegemony: hegemony of the dominant class spontaneously
breaks down, as the masses become increasingly bitter. They are themselves cynical about its ability and
right to rule.
III. The failure of non-revolutionary solutions to a social crisis: alternative solutions have failed to bare any
success
IV. Decline of the dominant class’s ability to solve social, economic, and political crises and counter the growth of social movements.
V. Efficient organization and adoption of scientific strategy and theory by social movements: there has to be effective organization of
the masses by the organization
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Movement Organization, Strategy, and Tactics
1. The framework of a social movement is based on the organization that is mobilizing the crowd.
2. It also depends on the infrastructure it can provide for the movement
3. It revolves around the ideology that is inserted in the strategy and tactics for the revolution
4. The success also depends upon the internal cohesion and support and the tactics the movement adopts
In short 2 factors- motivation and resources. The organizations Leadership and ideology bring the motivation
for masses to join the social movement and take political action. It is equally important that the resources that
are necessary to sustain the movement through its various stages of development are secured.
Reformist movement- work within the system for piecemeal changes that may bring about reforms to improve
conditions in the short run that would in time lead to long-term social improvements in
people’s lives
Revolutionary movements- challenges the power of established social, economic, and political forces that
are linked to the dominant classes (class conflict is dealt with)
1. Occupy wall street- demonstration against capitalism by people living in tents in public places to raise
awareness
2. Big Bill Haywood, Joe mill- abolition of money
3. Industrial workers of the world (IWW)- workers revolution
4. Mexican and Russian revolution
5. Great depression and its aftermath
Recent movements
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ARTICLE 5: ENGAGING WITH CASTE : ACADEMIC DISCOURSES, IDENTITY POLITICS
AND STATE POLICY
● the modern-day theorization of caste begins with western and colonial engagements with Indian
civilization.
● The categories such as Jati Varna or zat or corresponding social divisions have been present fin South East
Asia for ta very long time
● The Britishers simplified the idea of caste and created neat divisions between groups: This was mainly
derived via Hindu text and these were called orientalist writings
● This formal hierarchy was derived from the logic of purity and impurity
● These groups were separated in some aspects sich as eating together, physical contact but were also
interdependent in the context of the traditional division of labour
● Caste also involves differential rights
● Due oto arrangement of different occupations in a hierarchy their occupation were made unequal.
● Bougle also underlined the element of pollution. – different groups in a caste tend to repel each other rather than
attract. Each retires within itself, isolates itself, makes every effort to prevent its members from contracts
allianes or even from entering into a relations with neighbouring groups.
● Hence Boule Identified 3 core features
1) Hereditary occupation,
2) hierarchy
3) mutual repulsion
● This book view of caste about the fact that everyone could be divided into a particular caste and this
rigidification helped the British present a positive view to the colonisation. It helped them show tha the natives
themselves could not break this equilibrium of inequality and that there was a requirement for colonization. This
was affirmed in the writtings of Marx and Engels.
● The effect of colonialism and its forms of knowledge were significant in the sense that the even when the native
sociologists and the social anthropologists advocated a shift away from the book view to a field view the
categories through which majority of them examined India remained the same. Eg. Village became a convenient
methodological entry point for anthropologists interested in understanding the dynamics of Indian society. There
was a universal assumption about the fundamentality of caste to Indian social structure . Which in turn also
synonymised hindu religion with Indian culture.
THE BOOK VIEW OF CASTE, THE MOMENT OF CULTURE
o Caste is not merely an institution that characterized the structure of social stratification – It represented
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the core of India
o Caste is both a institution as well as a ideology. As an Institution it provides a way of dividing society into
social groups in terms od their statuses and positions in the social and economical system. As an ideology it
is a system of values and ideas that legitimized and rienforced the existinf structures of social inequality.
o Caste apart from distinguishing india from other societies also was the epitome of Indian tradition system.
( A closed system)
o Closed system - This is where generation after generation Individuals do similar kind of work and live
similar kinds of lives.
o In contract the west were projected as open systems of social stratification, societies based on class, people
choose their own occupation according to their abilities and tastes. There is mobility.
G.S. Ghurye six different features of Hindu caste system.
● He approached the Hindu caste system from a structuralist perspective that focused on the underlying
structure of ideas of a given system.
● Caste according to him was above all an ideology and the core element was hierarchy
● Hierarchy is a totally different principle of social organization than inewuality or social stratification.
This is based on idea of the opposition fo the pure and the impure.
● There was a divergence between status and power in Hindu society which is contradictory to the situation in the
west where they go hand in hand. In a caste system status was superior to power.
Caste and Institutionalisation of democracy
● The work post independence produced very different accounts of caste There
● Caste could enter the “modern insitutions” such as democracy and survive or find a new life for itself.
● Ghurye argued that the rise of attacks on Brahmin dominance did not mean the end of caste but meant the
generation of a new kind of collective settlement, “ the feeling of caste solidarity” which could be truly
described as caste patriotism”
● the coming in of printing of a regular postal service of vernacular newspapers and books, of the telegraph,
railways and bus, enables the representatives of caste living in different areas to meet and discuss their common
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problems and interests.
o There was an increase in education of leaders which enabled caste journals and caste conferences.
o Western education gave new political values such as liberty and equality.
o The introduction of certain kinds of representational politics by the British held in this process of horizontal
consolidation of caste.
o There were British policies for local self-governing bodies, and preferences and concessions to backward
classes provided new opportunities to castes. In order to take advantage of this the caste forum entered into
alliance with other caste groups to form bigger entities
o This horizontal consolidation led to competition between castes at the politico-economical place. Resulting in
weakening the vertical solidarity of caste. This received further impetus after the introduction of democracy
o Dumont also argued that caste did not disappear in economic and social change but its logic was altered. He
defined this process as change from structure to substance.
o There is a transition from the fluid, structural universe in which society is divided into various section but there
is a level of interdependence to a universe of improbable blocks, self-sufficient, identical and in competition
with one another, a universe in which a caste appears to be a collective individual as a substance.
o There was a shift in the discussion between caste and politics from the thinking that caste polluted
politics to the empirical processes of interaction between caste and politics.
o The gradual institutionalization of democratic politics changed caste equations. The power shifted from one set
of caste groups namely the so-called upper caste to the middle dominant castes. Democratic politics also bought
in a process of differentiation in the local levels of power structure.
o A study by Bouteille showed how post-independence the elders of the traditionally upper caste had to compete
more with the concept of political parties and statutory panchayats (An example of impact of democratic
politics)
o Caste soon entered in their working but the authority of these institutions had to be reproduced differently.
o The traditional sources of power though relevant, with the introduction of the UAF (universal adult franchise)
the number of caste communities became a relevant factor. Power could be reproduced only through
mobilizations vertically as well aas horizontally. There was a realization of the importance of the various
castes in context of vote bank, there was a sort of undermining of the caste politics.
Caste associations
th
● There was an emergence of caste associations in the beginning of the 19 century.
● On the face of it, caste associations were just thought of as the traditional caste trying to oppose the
modernizing tendences of the British rule.
● Lloyd and Susan Rodolph – among the first to study caste associations
● The joining of a caste association was no longer a thing by birth and something a person did not have choice
over; it was a voluntary act.
● The Nadars of Tamil Nadu (Robert Hargrave) - there was an argument about hoe the Nadars of
tamilnad acted as pressure groups and had played an important role in social mobility.
Rajni Kothari (Caste in Indian Politics)
o There was an understanding at the time that caste was getting resuscitated and re-establishing their legitimacy
via the emergence of democracy and how this could lead to disintegrative tendencies and disruption of the
democratic framework and Indian Polity but Kothari rejected this and stated that it was actually the reverse.
o Politics is not betting caste ridden caste is being politicized.
o The political competition has driven the caste out of its apolitical state and has stated that the caste system has begun to
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disintegrate.
o Caste organizations formed on the basis of caste take in new members from other group stretch out and become political groups
rather than a caste association.
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ARTICLE 8: UN CONFERENCE AGAINST RACISM – IS CASTE RACE?
● Member states will focus on causes and consequences of various manifestations of racism
● Objective: work at strengthening existing human rights mechanisms and develop practical action-oriented measures and strategies
to combat contemporary forms of racism and religious intolerance.
● Indian government not at ease with the move as they feel caste is purely an internal matter and international business community
should not be involved in it. Also feels that caste is not race and thus will not be heard at the conference. Feels that caste is social
and race is biological which is not accepted by the Dalits.
● Dalits feel that Hindu chauvinists do not want discussion on the caste issue and wish to continue to glorify the Hindu religion
which according to them is based on caste. Highlighting of caste discrimination in the media would prevent “Hindutvawadis” to
preach about the virtues of Hinduism and their heritage.
● Core issue that will be discussed is descent and occupation-based discrimination which is essentially caste-based discrimination
and is prohibited by International Human Rights Law.
● Other communities around the world who are discriminated against on caste lines:
o Burakumin – Japan and Korea
o Osu – Nigeria
o Communities in west African nations.
● Central issue is whether caste is a form of discrimination:
● The CERD (Convention on Elimination of Racial Discrimination) states that though caste may not be equivalent to race,
caste-based discrimination falls within purview of Article 1 of the Convention which includes discrimination based on descent.
● Dalits, Ambedkarites and progressive academics have never equated race with caste – term caste as a variety of race and feel
caste discrimination is worse than racial discrimination. Caste is “Race Plus.”
● Gujarat Earthquake example: relief reached much faster to upper caste occupied areas but did not move into belts occupied by
Dalits.
● Caste and Race: (similarity)
o Inequality is intergenerationally transmitted in both.
o A system of institutionalized behaviors, norms, sanctions and vested interests are constituted in both.
o In both, there is an attitude of the so-called higher or superior groups that their culture is superior to all others and all other
groups must be judged according to their culture.
o Apartheid exists in both.
● Social scientists have highlighted the Aryan conspiracy to subjugate Dalit bahujans by attempting to construct the nation on the
basis of purity, blood, language and culture. With Hindu revivalism, fascist culture centered on the purity of the Aryan race,
superiority of Sanskrit over other languages and brahmanic culture imposed on the country.
● India acknowledges caste discrimination:
o Articles 15, 16, 17, 23, 29 of the Constitution.
o Articles 331 and 332 recognize the mischief o caste discrimination ad attempt to remedy the same – clear proof that
constitution recognizes caste discrimination as a form of racial discrimination.
o Article 335 mandating that the claims of SC/STs to services and posts in connection with the affairs of the UoI and the States
also refers to the acknowledgment of caste as a form of racial discrimination.
o Constitution’s concept of SC inclusive of race – Article 341 providing for the specification of SCs for the purpose of the
Constitution clearly shows that caste is not only equated with race, it includes race.
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o Two particular measures
(a) Removal of Untouchability Act, 1955 which was improved and renamed subsequently as Protection of Civil Rights Act 1976
(b) The SCs/STs (Prevention of Atrocities) Act, 1989.
o Catena of judgements recognizing caste based discrimination and providing remedies against the same show that caste is a
prohibited form of discrimination and also a form of racial discrimination.
● One of the principle obstacles in gaining recognition for the dalit cause in the UN is the language which is euro-centric ads UN is
dominated by western nations.
● The need is to not only bring the caste issue to the UN but also to pressure it to change the language so that it becomes
representative of all nations.
● Suspicion that Indian government will try to thwart the caste issue in the UN by ignoring parliamentary and democratic processes
and will be aided by western countries wanting to get india on their side by blocking these issues.
● Dalits in India need compensation from their caste masters who have oppressed them for centuries and continue to do so in the
name of God and religion.
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ARTICLE 9: RACE FOR CASTE – PROLEGOMENA TO THE DURBAN CONFERENCE
Humiliation by Name:
● The word Dalit was coined by Jyotibha Phule meaning broken people. Marathi word derived from Sanskrit.
● Originally used to describe outcastes and untouchables, it found resonance in Ambedkar. For a while it was restricted
to Mahar community before being used by Dalit Panthers to describe poor peasants, tribals, landless.
● Presently used to describe marginalized and exploited people.
● Dalit oppression was a naming exercise in the sense that they were called a variety of terms by the upper cases and it
was humiliation through naming. Their identity was defined by upper castes and Dalits internalized this identity.
Hidden Apartheid:
● Untouchability is a hidden apartheid and what marks the similarity is the link between deprivation and distance.
Segregation is a key characteristic of both and its defiance leads to violence. Fundamental to distance are the terms
“pollution, dirt and touch”. Any form of closeness is defiling.
● Ritual order of pollution and dirt. Dalits regarded as impure, identified with dirt and impurity in all public discourses,
associated with lowest and dirtiest occupations like manual scavenging and were prohibited from regular public
spaces. Occupation was polluting and touch was defiling. Dalit woman were sexually harassed and this was
legitimized. Forceful eviction from land, arson.
● Despite picture resonating with South Africa, there was one key difference – apartheid was an official state
ideology while Indian state was responsible for welfare of Dalits according to the constitution.
● Hidden apartheid invented to smoke out the fallacies of the Indian state which proclaimed itself as an agent of dalit
welfare.
● Protesting against state was futile as it lacked political will and its administrative set-up was had internalized caste
values. Complaints were either not registered or no action was taken.
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● Gandhi attempted politics of guilt through ideas of Harijans which attempted at locating Dalit as a Hindu problem
and a Hindu responsibility. This robbed the Dalits of their legacy – anger. State only humiliated them for it.
● Politics of embarrassment was centered around rights – rights was a universaism everyone from G7 to UN was ready
to recognize but there were three barriers to this:
- Fragmentation of the dalit problem into gender poverty and other issues. Issues of poverty dissolved into the logic
of development and harassment of dalit women became a gender issue not a dalit one.
- India was projected as a democratic state and caste was an internal issue.
- World of scholarship had reduced caste to a sub-continental phenomenon, to an ethics of particularism and not
universalism.
● if caste were defined as race in India, local turfs would be retained but also embarrass the official Indian image.
Politics of Rights:
● Argue that Human Rights are possessed by all humans, Dalits are humans to so they must possess rights.
● Biologically, Dalits are known as human beings but socially and culturally, they are lesser humans.
● To recover this humanness, Dalits must enter the human rights discourse.
● Activists realize that the greatest chance of success lies in arguing in terms of consequences. To come under the
roof of CERD and WCAR, one must simply argue the commonality of the nature of violence, corrosion of identity
and sexual abuse. Caste is like race according to Dalits because their history says so and there is a lived history of
suffering which argues for twinning, a siblingship of consequences. This caste-race equation is still weak till they
discover the third term in the legal text – descent.
● Final argument is threefold:
- Lived experiences of dalit who see racism as caste.
- Folk theory of racism and blood which Is racial in framework.
- Politics which feels that race is the framework for recusing caste-based oppression.
● Ambedkar showed that the boundaries for solutions to the problem of caste discrimination are not to be limited to
village, district or nation. Solution is internal when it makes use of democratic, constitutional and legal spaces
which state is obligated to follow. Terrorism and other undemocratic solutions are external.
● Dalits wish to use internal solutions to strengthen laws which have failed to protect them from discrimination so far.
They aim to do so by using international human rights mechanisms only to empower their respective governments
to fulfill constitutional obligations thus strengthening national integrity.
Civic Internationalism:
- Appeal to wider ethic of responsibility that goes beyond the state of international civic society.
- Such a civic internationalism might be necessary for India as a mirror and address issues like manual scavenging
and bonded labour. These issues are not addressed by urban diaspora which finds he ‘sub-altern’ idea of suffering
uninteresting and not discursive enough to deconstruct.
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Dalits were also the first to realize the link between globalization and the politics of rights. Dalit interventions may be
pragmatic sometimes but they realize the value of human rights and power of appeal.
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ARTICLE 10: DURBAN REVIEW CONFERENCE AND CASTE-BASED DISCRIMINATION
● Caste-based discrimination is a form of discrimination prohibited by international human rights law which subjects an estimated
260 million people globally to discrimination on the grounds of work and descent – deeply rooted system of human rights
violations.
● Victims suffer hidden apartheid of segregation, modern day slavery and other forms of discrimination due to being born in a
marginalized group or caste.
● Durban Declaration and Plan of Action (DDPA) does not explicitly refer to caste-based discrimination but includes several
provisions that recognize the importance of the problem of racism and xenophobia based on descent. CERD had affirmed that
caste falls under the aegis of Race Convention.
1. Discrimination based on work and descent should be recognized as an expression of contemporary manifestations of racial
discrimination under the existing DDPA
2. Persons affected by this form of discrimination, including the degrading practice of "untouchability should be explicitly
acknowledged as having been subjected to perennial and persistent forms of discrimination and abuse on this basis;
3. The Review Conference should include a reference to CERD General Recommendation, thereby affirming the Committee's
interpretation of "descent in article 1(1) of the ICERD, and should recommend this framework as a basis for framing national
government policies in affected countries.
4. The Review Conference should tackle the causes and consequences of this kind of discrimination and must regret the continued
lack of political will in countries with the most ingrained caste systems,
5. All States Parties should have National Plan of Action to implement the DDPA, and its implementation should be ensured by
special monitoring mechanisms involving the rights holders to ensure accountability and transparency
6. The Durban Review Conference should recommend follow-up on the work that the former Sub-commission had carried out
on discrimination based on work and descent, in particular the draft principles and guidelines for the effective elimination
of this form of discrimination, and promote the use of this framework
7. Discrimination against Dalit women and children should be recognized as falling under the consideration of multiple forms of
discrimination and corrective measures should be initiated at all levels accordingly in all affected countries.
8. Disaggregated data should be made available on the number of people affected by caste or descent-based discrimination in all
affected countries
9. All UN agencies and other international agencies should ensure adequate focus on the issues of social equity and education
with special emphasis on unique features of discrimination and exclusion, due to prevalence of this form of discrimination.
● WCAR: Issue of DDPA not discussed at WCAR but documents refer to discrimination based on descent which with CERD’s
interpretation of the term and subsequent practice would mean that caste-based discrimination should be considered as a form of
discrimination to be reviewed at the Durban conference.
● CERD:
o Confirms "the consistent view of the Committee that the term 'descent' does not solely refer to 'race' and has a meaning
and application which complements the other prohibited grounds of discrimination
o reaffirms that "discrimination based on 'descent includes discrimination against members of communities based on
forms of social stratification such as caste and analogous systems of inherited status which nullify or impair their equal
enjoyment of human rights".
● In a comprehensive study mandated by the former Commission on Human Rights, the UN Sub-Commission on the Promotion and
Protection of Human Rights has prepared draft principles and guidelines to effectively eliminate discrimination based on
work and descent, which refer to any distinction, exclusion, restriction, or preference based on inherited status such as caste,
including present or ancestral occupation, family, community or social origin, name, birth place, place of residence, dialect and
accent.
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ARTICLE 11: JUDICIAL ATROCITY
Subhash Kashinath Mahajan Judgement – generalized the issue pertaining to the misuse of the PoA Act and
pronounced that in cases under the act, the arrest of a public servant can only be effected after approval of the
appointing authority and of a non-public servant after approval by the senior superintendent of the police.
Birth of the PoA Act:
● Article 17 abolished untouchability but it was only on paper that it was abolished. Parliament then enacted
the the Protection of Civil Rights Act (PCRA) which made untouchability punishable but failed to curb the
rampant discrimination and atrocities against the SC/STs.
● The assassination of the Dalit leader, Immanuel Sekaran in Tamil Nadu for defying caste-based interdicts on
Dalits led to the Ramanathpuram riots of 1957.
● The level of punishments prescribed by the PCRA proved to be highly inadequate even in comparison to the
equivalent crimes in IPC. In the waking rise of indignation among Dalits, it was realised that a more
comprehensive and more punitive act was required to protect the SCs and STs from violence committed by
other communities which led to the genesis of the PoA Act.
● Paradoxically, since the act has been implemented, the statistics of atrocities on Dalits as compiled by the
National Crime Records Bureau has shown a consistent rise.
● The grudge held by non-Dalits faced with a deepening agrarian crisis in rural India against the perceived
state appeasement of the Dalits further intensified the promulgation of this act. It began precipitating into an
increasing number of atrocities on the slightest provocation.
● Conviction rates still hovered in single digits for a long time.
False cases:
● The SC judgement cites data from NCRB reports that a large number of cases were found to be false for the
SCs/STs.
● The question arises how these false cases reached a trial stage if investigated by responsible police officers.
● Valjibhai Patel of the Council of Social Justice Ahmedabad exposed the poor state of implementation of the
Act in Gujarat and revealed the pattern of the collapse of cases - utterly negligent police investigation
coupled with the hostility of the public prosecutors. Acquittals resulted due to technical lapses in
investigations and government flouting directives of the court. Policemen gave false evidence to protect the
accused whereas the prosecutors tried to mislead the court. These officers were not punished but rather
promoted.
● Acquittals occurred on flimsy grounds like case not being investigated by the proper police officer or a copy
of caste certificate not being attached.
● In most cases, courts decline to apply the act saying that the crime was not committed because of the caste
of the victim such as in Khairlanji, one of the most famous caste crimes in history despite the entire village
knowing of the victim’s caste.
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4. Judges generalised the case which was originally about quashing the complaint against him and not
quashing the act itself.
5. After filing an FIR, it is the duty of the judge to go into the facts of the case and adjudicate their veracity.
How can the police perform a judicial function?
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ARTICLE 12 (A): MISCONSTRUCTION OF THE ANTI-ATROCITIES ACT’S MISUSE
● The supposed misuse of the PoA act hinges on the false cases category in the final report.
● A police officer has pointed out that the rate of filing of charge sheets in a court of law is inversely
proportional to the income of the accused. The Indian police have a typical characteristic of being strong
towards the weak and weak towards the strong. Thus, the number of false cases under IPC which is caste-
neutral appear fewer in comparison to the act which deals with the weak and marginalised.
● The category of “true but insufficient” evidence provides a safe passage for the accused with the benefit of
doubt being given by the police. (Author’s opinion)
● The false case in the final report is not even a suspicion but the opinion of the police that the complaint is
not true.
● Power differential of the accused and the complainant has a role to play in influencing whether a case is
categorised as false or not.
● The police usually wash their hands of the case by pointing out the legally wrong position of the
complainant (marginalised person who was compelled to withdraw his case) and this creates a no-win
situation for the victim where even if they win on the legal side, they definitely lose out on the economic
side which they can’t afford.
● Indirectly or directly, the case is allowed to collapse. Thus, they might have the ability to register a case but
they don’t have the ability to pursue a case because they are too vulnerable.
Voluntary/Involuntary Rajinama:
● Legally speaking, a rajinama “compounds” the case even if the PoA act is “non-compundable.”
● A rajinama per se does not amount to injustice (eventho the PoA act is non-compoundable) under duress is
illegal and unjust.
● The principal reason why rajinama takes place in most cases is persuasion and pressure by the elders,
villagers, sarpanch and sometimes even the police.
● There is also a compulsion to “stay in the village”.
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● The weak and powerless complainant is in a double jeopardy situation where they are forced to do the
rajinama under pressure and also get charged under IPC for “lodging a false case against the upper caste”.
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ARTICLE 13: THE LGBTQ MOVEMENT IN INDIA
● In ancient India, there were 50 words for non-heterosexual gender and sexualities. Most are still used in local languages but
in a pejorative way.
● IPC Sec 377- which saw non-heterosexual non-procreative sex as ‘as against the order of nature’- which was later read down
by SC in 2018.
● Same-sex love v. same-sex attraction
Affectionate, bordering on romance but is not sexual. For, e.g., Arjun -Krishna.
● Procreative sexual love (it is b/w husband and wife for the sake of children) v. romantic love (b/w sakhas and sakhis).
● Abrahamic and Greek mythology believes in one life. However, Hinduism believes in many lives and is based on karma. - if
u r supposed to be gay, u will be gay.
● Abrahamic – God is masculine, whereas in Hindu – god is formless.
● Homosexuality is not a dominant theme in Hindu and Greek mythology, though shudri- brahmini tirtha do indicate lesbian
love.
Perspective On Homosexuality
Hindu mythology Greek mythology
● Divine and miraculous ● Diabolical and monstrous
● World offered myriad of possibilities ● World was static, finite and anything
beyond is threat.
● In charvaka or materialistic traditions- the intrinsic nature(svabhava) of living creatures must be respected rather than judged.
● In Vinaya Pitaka of Buddhism, the queer was not allowed to be ordained as he was seen as ‘hypersexual’.
● They have been equated with rapists and molesters – bcz they love differently.
● Psychiatrists- human sexuality is complex, and there is tension b/w biological urges and social values.
● Erotic images on the walls and gateways of the temples, which modern law deems unnatural, and society considers obscene-
o Some Scholars believe – a puritanical view- devotees being exhorted to leave these sexual thoughts aside before entering.
o Others- hidden tantric geometry- aspirants can either be deluded or enlightened by deciphering them.
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o Ancient treaties- religious structure incompletes without this bcz they are as much an expression of dharma, artha (economic
endeavors), and moksha.
o Represent the idea of same-sex.
● Medical text – tantrik belief- men and women have sex – gender and sexuality depend upon the proportion of male white
seed and female red seed.
1. White strong-male
2. Red strong- female
3. Both equal-queer
● The American psychiatric assoc. Specified homosexuality wasn’t a mental illness in 1973.
● In 2009, Delhi HC, in Naz Foundation v. The gov. of NCT of Delhi, found sec 377 to be in violation of FR provided by the
constitution.
● 2018 judgement- decriminalized homosexuality – individual should be allowed to have consensual relationships and form an
identity that should be protected by Fundamental rights.
● Kinnar – Sanskrit word for transgender. – believed to have the power to ward off the evil eye.
● WE DON’T MIND ADMIRING ‘OPENLY GAY CEO’ Tim Cook of Apple, but we will RESIST HIRING HIM Despite his
obvious MERIT.
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ARTICLE 14: QUEER MOVEMENTS
Introduction
The mass appeal of the movement on the global and national levels rn has been preceded by a long-drawn struggle by the members of
the community.
Globalisation
Globalisation has opened up scope for expressions by intellectual and material developments. In a ‘network society’, the role played
by mass media, including electronic communication in particular, has been tremendous to produce and augment virtual localities. The
movements of sexual minorities have now gained visibility and are reflected in pride marches in metropolis and suburban towns and in
form of mass media.
Different techniques
o ‘insider’ scholars have attempted to convert the intersex movement into essentially a human rights movement.
o Transgender studies or ‘the new gender politics’ challenge the male-female dichotomy in sexual orientation and decline to accept
categories such as ‘first’, ‘second’ and ‘third’ gender in the way society fixes their order of priority.
o People categorised as ‘transgender’ ‘encompasses the whole spectrum’ of gender diversity that lumps together. The critical
differences among the queer communities, however, remain subterranean due to stigmatisation by the mainstream and male
stream society.
Basically- traces the genealogy of the development of the queer movement in the world as well as in India.
Conceptual clarification
o The umbrella term ‘queer’ is often used to refer to the process of consciousness building, mobilization and struggle of all people
belonging to non-heteronormative communities
o However diverse terminologies came into the foray that reflects the contexts from which they emerged.
o homosexual was first used by German Hungarian writer Karl Maria Kertbeny in 1869, and it continued to be used then on to
address the non-heteronormatives.
o But, during the 1970s, in the United States, the term ‘gay’ became popular, and it intended to represent the queer community.
o With the trajectory of their social struggles, political developments and intellectual engagements, it gradually became explicit that
identities of different queer community members are diverse and their journeys also differed in qualitative ways. The result was a
broadening of the categories to include the different identities.
o Interestingly, these terminologies are still evolving along with changes in the context of assertion of such identities.
o The term queer, which largely gained popularity in the academic circles, refers to an individual who defies gendered norms and
practices Teresa de Lauretis first proposed the term “queer” as a theoretical intervention, as a symbol of personal identity and
political defiance.
o Queer can, therefore, also include the heterosexual who undertake subversive or transgressive sexual relations outside the
copulative, penetrative, active/passive, stereotyped norm.The term is however hotly debated and contested as historically its usage
in English language was pejorative, discriminatory, and derogatory.
o By comparison, ‘transgender’ is an inclusive and current term for all those people whose gender expression is non-conforming or
who reject the gender roles allocated to them by the society on the basis of their biological sex.
o It should be acknowledged that identification of a clear queer identity is a problematic. This is due to presence of plural practices
among them.
o In case of India, different indigenous terminologies, often thought to be equivalent of the Western terms, were present since long.
terms like the trithiyapanthi or trithiyaprakriti that literally means the third gender were often used here to mention individuals
who did not identify as heterosexuals.
o The terms like ‘lesbian’, ‘gay’, ‘queer’, and ‘transgender’ became part of the Indian community only in recent times as non-
normative sexualities such as hijra, kinnar and kothis were recognised here. (Meaning of hijra given).
o While hijras may or may not go for castration, kothis are biological men who identify with the feminine and thus their identity is
marked by gender non-conformity. They take on feminine mannerisms, attitudes and attire.
o Argued that ‘subject hood’ should not be defined as an interior construct, but rather, as transactional, and relational. We may here
argue that queer movement today has become relational as it also involves questions of citizenship, rights, recognition, as well as
concern lifestyle and choices.
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A few countries’ trajectory in this struggle-
GERMANY
o Efforts to promote queer rights started quite early in European countries through works of Ulrichs etc. Writings on gay love, two
institutes on study of this topic and anonymous writings to repeal the Prussian anti sodomy law lead to protests.
o The first international organisation called World League for Sexual Reform was formed in Germany by Hirschfeld to champion
queer rights. With Nazis coming to power, their ideas and many campaigners being Jews led to banning of homosexual
organisations.
o Only during 1970s, homosexual movement became an international sensation, with new gay organisations forming in the context
of AIDS outbreak.
o After long history and a supportive legislation, main focus of the movement shifted towards everyday forms of violence that
homosexuals face despite decriminalisation.
o 21st century brought legislations that recognised marriage and adoptive rights not only in Germany, but also in countries like
France. However, the latter had repealed sodomy laws in 18th century. Yet area of mistrust continues even now.
UNITED KINGDOM
o Same sex activity was treated as ‘sinful’. Sodomy was considered a crime.
o Many wrote against this. Even after it ceased to be an offence, people were getting arrested.
o The members of the British parliament then moved a proposal to revise the legal enactments. The Wolfenden Committee was set
up which suggested the decriminalisation of private homosexual activity between consenting adults over the age of 21.
o Yet, the Committee considered homosexual activity in public places to be a crime. Ironically, even after legalisation of
homosexuality in England and Wales in 1967, homosexuals were convicted.
o Anti-gay laws were finally repealed by the Sexual Offences Act 2003, though Northern Ireland and Scotland did so much later
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The movement however progressed differently in different locations, depending on the space, social and political situation.
For example, in San Francisco, , the activists received a cornucopia of public support, faced a lesser amount of everyday
antagonism as compared to homosexuals elsewhere.
2. Protest in Los Angeles- a march to the police station and hold a public meeting against two incidents that evoked feelings of
alarm, fury, and disappointment
(1) in 1966-1967, during New Year's celebrations, two Bars in Los Angles with predominantly gay clientele were blocked
by police officers.
(2) Two months later, a homosexual man was beaten to death by police in front of a hotel. Surprisingly despite having
enough evidence and witnesses of the extreme brutality of the police, the court verdict of ‘excusable homicide’ shocked
everyone. Although the activists could not manage any tangible accomplishment, they nonetheless put forward a brave
resistance.
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prove this. Historical evidence egs page no 146.
-Hijras- During the Mughal era, hijras were held in high regard and often considered divine beings.They were appointed at Islamic
court and their traditional role was to guard the women of the harem and children. prior to the British rule in India, hijras were
regularly engaged as guardians of the ‘virtue’ of the harem.
-Notwithstanding recognition of same-sex love, argued that our ancient texts tried to subordinate nonpenetrative as well as non-
heterosexual sex to penetrative heterosexual sex. Many of them also tend to take a somewhat pejorative view of those who are
homoerotically motivated. Nevertheless, the examples of ancient texts have often been cited by members of the queer community later
to forward their cause and gain respect, dignity and opportunities.
Rise of Queer Activism in Postcolonial India (kept long since seems imp)
starting from the 1940s. got momentum in 1990s. (ps-Very detailed history)
-books, journals, and short pieces in newspapers and print media, initially played a huge role. A lot of literature, in the early 1940s on
queer personalities, starting with Ismat Chugtai’s short story Lihaaf (written in 1941, which depicted same-sex relations among
women in modern-time India), to Shakuntala Devi’s book The World of Homosexuals, (written in 1978, it questioned homosexuality
in general and in the Indian context for the first time) (SAATHII 2009).
-In the late 1970s, journals started getting published as well. The first independent gay journal titled Gay Scene was published from
Kolkata. Did not persist for long time in the literary sphere. Since 1970s, theatre showcased the homosexual lives and its struggles too.
-since the 1980s, informal groups of women activists desiring same-sex relations started emerging in India. Examples of women
taking part in conferences on this around the world- Nairobi Women’s Conference and Asian Lesbian Network conference in
Bangkok.
- But academic, informal or unregistered Lesbian groupings in India at this time were inhibited in two crucial ways: first, they were
primarily either activists or academicians; and second, most of the people they could reach out to were the urban English educated,
upper- or middle-class queer individuals, who could read and qualify for such literature or meetings.
-Queer assertions hit the public spotlight in 1986, when journalist Ashok Row Kavi became the first self-declaring gay individual to
pen down his life story in journal called Savvy.
–Again, in January 1988, the high-profile marriage of two policewomen from small-town of rural Madhya Pradesh also created a stir.
Interestingly, both of them were subsequently dismissed from the police force. In 1991, the first LGBTQ magazine Bombay Dost
came out, as a result of efforts by Ashok Row Kavi.
-During the same time, Delhi-based lesbian network called Sakhi (formed by Giti Thadani in 1991) was established. It was a lesbian
community which went beyond the local activist groups to establish an Indian and global network of women. Such networking led to
the formation of an imagined Indian lesbian community that did not exist before.
-The decade of the 1990s brought forward numerous public protests and demonstrations by members of the queer community. Reports
regarding the struggles and situation of queer community also started circulating simultaneously. Names of Reports. Page 148.
-In 1991, AIDS Bhedbhav Virodhi Andolan (ABVA) became the first organization to publish a report titled ‘Less than Gay’, which
was an account on the unfairness and inequity faced by the community in India.
-200 delegates attending an international conference on AIDS in New Delhi in 1992 staged a walk-out to protest against the stance of
Indian state on homosexuality. Following this, the health care issues of the queer identified persons became a major agenda for
mobilization.
-In 1994, ABVA filed a Public Interest Litigation (PIL) in Delhi High Court demanding the shelving of Section 377. This was the first
legal protest and the first effort to legalize homosexuality in India.
-1999- history of queer movement in India, the year 1999 became a crucial one for two significant events. First, keeping in pace with
global developments, the first Gay Pride Parade was held in Kolkata, the capital of West Bengal. Called the ‘Calcutta Rainbow Pride’,
it had only 15 participants. Yet, it became successful in spreading the message of being proud of one’s own identity.
-Second, the same year saw the release of a manifesto titled ‘Lesbian Emergence’ by CALERI - a Delhi-based organization. It sought
to break the silence around the lives of queer women, who they argued were much more invisible than queer men. This period thus
saw the rise of organizational activism, which simultaneously faced a counter backlash from the police, state and the larger society. A
distinctly urban queer community started growing. Rise of a distinctively gay subjecthood and culture through community building in
clubs and parties.
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there by violate Section 377. The petitions against this however was dismissed by the court.
-In 2003, the Government of India in its affidavit submitted to the Division Bench stated that decriminalizing homosexuality could
open the floodgates of delinquent behaviour. Post this, there were repeated filing of review petitions and leave petitions in 2004 and
2006. Even a coalition of 12 Delhi based NGOs formed a united platform called ‘Voices Against 377’ to file a joint petition to abolish
this Section.
-Finally, in 2009, Section 377 was declared unconstitutional by the Delhi Court on the grounds that it violated the fundamental rights
to life, liberty, and equality as enshrined in the Indian constitution. In 2013 the Supreme Court revisited the Delhi High court judgment
and declared it legally unsustainable, yet again.
-subsequently some judgments of the Supreme Court did challenge Section 377.
(1)the National Legal Services Authority (NALSA) judgment (2014), in which the Court directed Centre and State Governments to
grant legal recognition of all individuals irrespective of gender identity - male, female or third gender. It admitted that Section 377 had
been used several times as a tool of pestering and physical abuse against queer persons. The recognition of the third-gender category
through the NALSA judgment was essential to mark the claims of the transgender citizenship. The Court recognized their entitlement
to fundamental rights and their chance to seek redressal through criminal and civil statutes relating to marriage, adoption, and divorce.
The court also showed preference for a ‘psychological test’ as opposed to a ‘biological test’ for gender determination. (important case
so lots of info)
(2)The second important judgement by a nine-judge bench of the Supreme Court in August 2017 was to recognize right to privacy as a
fundamental right. By doing do, the Supreme Court also argued that ‘sexual orientation is an essential attribute of privacy’. This raised
the expectations of those agitating against Section 377.
-Finally, media, civil society, academicians, and a section of the politicians also came forward to support the community. a major
turning point in mass mobilisation against Section 377 was open letters by Vikram Seth and Amartya Sen who argued that love cannot
be criminalized. The letter by Seth was co-signed by many luminaries.
(3) In July 2018, finally the Supreme Court declared homosexuality as a variation not an aberration. This judgement is celebrated as a
historical success of the queer movement in India. Later in December 2018, the Transgender Bill was passed by the Indian Parliament
after 27 amendments. In line with the NALSA judgement, it granted transgender individuals a right to self-identification.
-Criticisms page no 151. However, unlike the NALSA judgement it legislated carrying out physical tests to decide whether a person is
a ‘transgender’ or not. It also criminalises begging which is a prime source of livelihood for many hijras in India.. It also fails to
recognise that gender identity is malleable and fluid. It portrays transgenders as individuals in need of state protection and therefore it
agrees with the heteronormative order of the society.
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Today the queer movement has been converted into essentially a human rights movement due to rise of a ‘new gender politics’.
- Even in case of India, where the category of a third sex had been a part of the cultural perspective for more than 3000 years, queer
members faced oppression when the colonial rulers introduced new set of Victorian laws to defame them.
Continued challenges-
1. Despite judicial interventions and state activism across the world in recent times, the struggle did not end as the mainstream and
male stream society continues to treat them as ‘other’.
2. There are also challenges of linking both the larger issues of political economy as well as specific issues of class with the
ideology of the movement.
3. Retaining unity at the broader level in the midst of rising diversity and differences is also a major challenge.
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ARTICLE 16: LAWS OF ONE’S OWN- DALIT WOMEM’S ARDUOUS STRUGGLE FOR SOCIAL JUSTICE
● Hathras rape case- 19 yr. old Dalit girl Manisha Valmiki raped by 4 upper class men, tortured, spine broken and tongue chopped
off. Died after 2 weeks in hospital. Dalit feminist writer Pradnya Daya Pawar called out in the social media for the same public
support for this girl which came for the Nirbhaya incident. Since she was from the Dalit community, no one even raised the
question if her name should be revealed in public or not.
● This incident got silence from upper- and middle-class feminists. The activists who did try to protest peacefully during the
pandemic were shut down and the resistance was repressed citing the Epidemic Act, Disaster Management Act and IPC. Her body
was not handed over to the family for the last rites and was cremated by the police covertly. Even when this incident was talked
about the Dalit angle was seldom mentioned about caste violence and patriarchy. Due to this spread of culture in India, Dalit
women are being crushed by rape in India.
● Nirbhaya rape case- Jyoti Singh was raped in a bus by 6 men and iron rod was used in the process. This case brought about a
major change as it built pressure on the govt. Justice Verma committee was made which had Justice Leila Seth and Gopal
Subramanium as well. It dealt with rape, sexual assault, sexual abuse, khap panchayat etc. it recommended a ban on the 2 finger
test of the victim and suggested police and judicial reforms. This report also recognizes the violence against dalit women due to
their place in the social hierarchy. BJP also supported the uproar and demanded Sheila Dixit to resign as the CM of Delhi but no
such thing happened in the Hathras case.
● Even with having a high representation of women in the parliament it still could not deal with the issue of Dalits and caste There
is spread of Brahminism in law symbolized by the statue of Manu in Rajasthan HC. Brahmanic mentality still looms in the upper-
caste Indians and allows for caste to appropriate educational and legal institutions and hamper the social justice for the most
oppressed Dalit women.
● Balarampur Rape case in UP- 22-year-old raped by upper caste and her body was burnt. To cover the issue up in the Hathras
case fake news was spread through media that Valmiki was not raped. However, medical and forensic reported suggested the
opposite.
● Khairlanji atrocity- Priyanka and Surekha Bhotmange were vrutally raped and murdered. Bodies dumped in a canal. Highlights
unchanged, macabre violence against Dalit women.
Author wants to create separate laws for Dalit women. Global feminism is facing the challenge of intersectional and glitch eminism.
Right-wing across the globe is gaining political momentum in the era of autocracy.
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ARTICLE 17: DALIT, DALIT WOMEN AND THE INDIAN STATE
● Contrary to the view that Dalit women suffer less from patriarchy, author states that they suffer even more violent forms of
patriarchy than upper class women. They face triple discrimination: class, caste and patriarchy. Dalit women suffer from layered
patriarchies of the i) local community, ii) of wider society, and iii) the State itself.
● The wider society treats Dalit women differently within Dalit community, the upper caste men take them as ‘available’ and
misbehave. And the State embodying all prejudices becomes a tormenter rather than protector- by Police and Judiciary. Status of
Dalit women has remained unchanged.
● Dalit comes from word ‘dal’ meaning crushed, split, broken- used by social reformer Mahatma Jyotirao Phule- later picked up by
BR Ambedkar. Despite conversion of Dalits to Buddhism in large numbers, could not break away from the dominant caste
culture.
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● Sexual assault of women seen as ‘effective way of teaching them a lesson’- Dalit women became targets of rape by upper- caste
men. Rise in no. of cases of rape of Dalit women- some cases go unreported because vulnerable village Dalits fear social
ostracism and threats to their personal safety and to the security of their women folk. PCR Act came in 1976, then POA Act in
1989 but implementation proved to be “toothless” (in words of VK Krishna Iyer).
● 73rd and 74th Consti Amdmts reserved 33% sarpanch posts for Dalit women- became counterproductive- political power remained
in hands of upper castes and males- Dalit women were pushed into elections either by members of dominant castes or by their
husbands.
THE COMPLICIT STATE (better if you can read starts from Pg 183)
● Complicity of state is evident in perpetuation of caste atrocities in 3 domains: policy (legislature), police (executive), courts
(judiciary). Police plays a big role- both directly and indirectly (Ex- Mathura custodial rape case). It plays an outright anti- dalit
role, case of Bhagana Dalits [4 young teen girls gang-raped by upper caste boys- no official willing to listen; their last resort:
renouncing Hinduism].
● Even the judiciary has not remained immune caste-based prejudice [Ex- Bhanwari Devi Rape case, judges observed- upper caste
men cannot rape lower caste women] [Ex.- Khairlanji judgement, refused to accept ‘a caste angle’ in a clear caste- based crime.]
● The POA Act mandates officials responsible for enforcement be punished if they shirk their responsibility, but the Judges never
enforce this. Acquittals are based on ‘want of evidence’, ‘prosecution witnesses not reliable’, ‘deserved to be given benefit of
doubt’, etc.
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ARTICLE 18: INTERSECTIONS OF GENDER, CASTE AND CLASS
● The 1970s- caste-based activism and concerns over the rise of the religious right.
● The 1990s & 21st century - debates around women’s reservation bill, discussion on reproduction and sexual rights.
● Emergence of sex-selective abortion in the name of honor, security, or economic burden in the past two decades.
● Critics of the movement - Emphasis on privileged women and the neglect of the needs and representation of poor Dalit
women.
● Dalit
1. Live in extreme poverty -without land or opportunities for better employment or education.
2. Relegated to the most menial task.
3. Trapped in bonded labour as they Struggle to pay- off the debts to the upper- caste creditors.
● Dalit women – ‘triple oppression’
● Analyst – overlooked the parallel Dalit movement and tend to treat women’s movement as a national movement.
● Ambedkar aimed for the liberalization of untouchables and added the fight against capitalism to fight against Brahminism.
He organized peasants and workers under his Independence labor party.
● 3 major development post-independence related to Dalit organizing:
1. Fractionation of major political party (INC)- non-brahman leaders sought to create the base of Dalits by forming
organizations.
2. Rise of Dalit leaders. - eg. Kanshi Ram (formed BSP)
3. Rise of the Dalit women’s movement.
● The 1980s – saw increasing consideration of Dalit woman’s cause. – literature and writings were at the center of such
consideration in spite of class bias who had access and power to write.
● The Early 1990s saw the formation of autonomous Dalit women’s organizations at both national and sub-national levels.
● The focus of the Dalit feminist standpoint is squarely placed on social relations, which examines oppression based on difference.
● But the structural and individual dimensions of caste are often ‘invisible’ from privileged positions and require a ‘conscious’
effort to problematize the complexly constituted social location that women occupy.
● Growing literature on Dalit women – response to emphasis of upper caste experience in literature – written majorly by upper
caste.
● Such writings, on the one hand, served as the documentation of the activisms and, on the other hand, as the foundation for
organizing for specific interests.
● NFDW- the national federation of dalit women
1. 1995, new Delhi
2. Autonomous, secular, democratic organization of Dalit women.
3. Evolved out of a process that began in 1987, when the 1st national-level meeting of Dalit women took place in Bangalore.
4. National task force
5. Convenor- Ruth Manorma
6. Considered- Devdasi system, including the eradication of the system and uplifting those women and children already trapped in
the system.
7. Differed from Ambedkar’s and Kanshi Ram’s movement as this movement aimed at the social power and justice rather than
formal political power.
8. Acc to them state is resp. for granting rights and developing ways for bringing change for lower- caste women.
● At the grassroot levels, women have struggled to break deeply entrenched social hierarchies.
● As members of SHG’s, they were made aware of their rights and gov. policies.
● It was further strengthened by regional national activities by dalit women and activists who facilitate the ‘creation of network’.
● The 1st Dalit women’s solidarity conference in 2001, which was held in Bangalore served as a forum for dialogue specifically
about violence against Dalits and the lack of protest of such violence by the upper caste women.
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● The intersection of caste and class shapes women’s experiences and therefore integrating dalit women’s interest in agenda
building is essential.
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