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equal by law, unequal by caste - International Dalit Solidarity Network

equal by law, unequal by caste - International Dalit Solidarity Network

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Vol. 26, No. 2 Equal <strong>by</strong> Law, Un<strong>equal</strong> <strong>by</strong> Caste 277provides a clear example of the practice of endogamy in its twenty-firstcentury avatar. 1073. DALIT WOMEN AT THE INTERSECTION OF CASTE ANDGENDER DISCRIMINATIONCaste discrimination has a unique and specific impact on <strong>Dalit</strong>women who endure multiple forms of discrimination. <strong>Dalit</strong> women areespecially vulnerable to violence <strong>by</strong> the police and private actors. As themajority of landless laborers, <strong>Dalit</strong> women come into greater contactwith landlords and enforcement agencies than “upper-<strong>caste</strong>” women,rendering them more susceptible to abuse. 108 Landlords use sexual abuseand other forms of violence and humiliation against <strong>Dalit</strong> women as toolsto inflict “lessons” and crush dissent and labor movements within <strong>Dalit</strong>communities. 109 Vulnerability to sexual violence also results from <strong>Dalit</strong>women’s lower economic and social status, leading many of them to turnto prostitution for survival. 110<strong>Dalit</strong> women have un<strong>equal</strong> access to services, employmentopportunities, and justice mechanisms as compared to <strong>Dalit</strong> men. 111 Inrelation to employment opportunities, <strong>Dalit</strong> women are allotted some ofthe most menial and arduous tasks and experience greater discriminationin the payment of wages than <strong>Dalit</strong> men. 112 In relation to services, <strong>Dalit</strong>women have less access to education and health facilities, 113 ensuring thattheir literacy, nutrition, and health standards fall far below that of <strong>Dalit</strong>107 As recently as January 2008, violence resulting from an inter-<strong>caste</strong> marriage was reported in theUnited States. See Monica Davey, Father Says He Set Fire That Killed Three, N.Y. TIMES, Jan.3, 2008 (reporting that an Indian man in Illinois allegedly set fire to a home—killing his pregnantdaughter, her husband, and her son—because he disapproved of her marriage to a lower-<strong>caste</strong>man).108 BROKEN PEOPLE, supra note 21, at 166.109 Id.110 NAT’L HUM. RIGHTS COMM’N, REPORT ON PREVENTION OF ATROCITIES AGAINST SCHEDULEDCASTES AND SCHEDULED TRIBES 161 (2004) [hereinafter NHRC REPORT].111 See Thorat, supra note 91, at 35 (“The women who belong to marginalized groups suffer fromtriple deprivations arising out of lack of access to economic resources, as well as <strong>caste</strong> andgender discrimination. The [Scheduled Caste] and [Scheduled Tribe] women are perhaps themost economically deprived sections of Indian society.”).112 SHAH, ET AL., supra note 102, at 117-18. The employment opportunities of professional <strong>Dalit</strong>women may also be limited <strong>by</strong> discriminatory practices that deprive facilities run <strong>by</strong> <strong>Dalit</strong>women of a customer or patient base. Id. at 117-18.113 NHRC REPORT, supra note 110, at 160.

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