276 Wisconsin <strong>International</strong> Law Journalagricultural use. 101 A study published in 2006 on the forms andprevalence of “untouchability” in rural India—based on an extensivesurvey of 565 villages in 11 Indian states conducted in 2001-2002—confirmed the extent of “untouchability” practices in rural India today. 102But contrary to conventional wisdom, “untouchability” is not anexclusively rural phenomenon perpetuated <strong>by</strong> the uneducated masses.Egregious incidents of <strong>caste</strong>-based discrimination and abuse at the NewDelhi-based All India Institute of Medical Sciences (“AIIMS”), thecountry’s premier medical college, and other institutions of highereducation 103 bear testament to the depth and breadth of anti-<strong>Dalit</strong>sentiment in education and illustrate that such discrimination transcendsthe urban/rural, educated/non-educated divide.2. ENDOGAMY—A MEANS TO AN ENDStrict prohibitions on inter-dining, inter-living, and generalsocial interaction come together with the practice of endogamy as themeans for which the <strong>caste</strong> system is the end. 104 Prohibitions on intermarriageare not only a hallmark feature of the <strong>caste</strong> system—designedto ensure rigid social norms of purity and pollution—but are essential tomaintaining its very existence. As a result, inter-marriages between<strong>Dalit</strong>s and non-<strong>Dalit</strong>s frequently become flashpoints for conflicts and canresult in extra-judicial punishments that include the public lynching orkilling of couples or their relatives, rape, public beatings, and economicsanctions. 105 Many such punishments receive “official” sanction from the“upper-<strong>caste</strong>” dominated panchayats (village councils). 106 Theprevalence of online matchmaking sites, which explicitly offer to matchindividuals according to their <strong>caste</strong> (both within India and abroad)101 Sukhadeo Thorat, M. Mahamallik, & Ananth Panth, Caste, Occupation and Labour MarketDiscrimination: A Study of Forms, Nature and Consequences in Rural India; Report Submittedto <strong>International</strong> Labour Organization, New Delhi, India (Jan. 2006) (on file with author).102 GHANSHYAM SHAH ET AL., UNTOUCHABILITY IN RURAL INDIA (2006).103 See, e.g., Caste-based apartheid in the Indian Institute of Technology, Madras, India, available athttp://ambedkar.org/research/CasteBased.htm (last visited Aug. 15, 2008).104 See AMBEDKAR THOUGHT, supra note 19, at 25 (“The <strong>caste</strong> system and the rules relating tointermarriage and interdining are related to each other as ends to means. Indeed, <strong>by</strong> no othermeans could the end be realized.”).105 HIDDEN APARTHEID, supra note 5, at 71.106 Id. at 10-11.
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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