(Geneva, 6 April 2004) -- The written statement of the Asian Legal Resource Centre (ALRC) on 'Violence against Dalit women in India and Nepal' (E/CN.4/2004/NGO/50) was distributed on the 2^nd April 2004 at the 60th Session of the United Nations Commission on Human Rights in Geneva.

The full text of the statement follows.

This year, ALRC submitted 30 written statements to the Commission, on topics as diverse as caste discrimination in Nepal, food scarcity in Myanmar, custodial deaths and torture in India, extrajudicial killings in Thailand, policing in Pakistan, the National Human Rights Commission of Sri Lanka, and impunity in Asia.

Asian Legal Resource Centre -- ALRC, Hong Kong  

1. As the Asian Legal Resource Centre has previously stated before the Commission, approximately 260 million people in South Asia are designated as Dalits. At the very bottom of the social structure, Dalits suffer constant discrimination and violence on the basis of descent. The Asian Legal Resource Centre has this year submitted a separate written statement to the Commission on the condition of Dalits in Nepal.

2. That Dalit women suffer an additional layer of discrimination and violence on the basis of gender both by people of higher castes and within their own communities has also been made amply clear before the Commission (E/CN.4/2003/NGO/97). The extreme vulnerability of Dalit women stems from the precariousness of their economic, social, and political position. Despite the fact that both the constitutions of India and Nepal prohibit the practice of untouchability, these provisions are not enforced. In India, even though the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act bars violence against the Dalits, it is not effectively implemented. Nor does it in fact outlaw caste-based discrimination, which the government of India has refused to recognise as a form of discrimination on the basis of descent. Under any circumstances, whereas the police are the authority equipped to investigate crimes, in many cases it is either the police who are the perpetrators of caste-based human rights violations, or high caste persons with the influence necessary to have the police hush up the crime.

3. A case in point is that of Muna Devi Damai, a 40-year-old Dalit woman from Dhangadi, Far Western Region, Nepal. On 8 April 2003, Muna was force-fed human faeces by her neighbours, Bir Bahadur Thapa and his wife, Parbati Thapa, both of the upper caste. In the morning the couple called her to their house. When she entered the compound, Bir Bahadur Thapa grabbed her by hair and threw her on the ground. Then Parbati Thapa sat on her chest and both of them started to beat her. Muna Devi cried and tried to defend herself, but to no avail. While Parbati Thapa was continuously beating Muna Devi, Bir Bahadur Thapa brought human faeces, which they had prepared into paste mixed with chili powder. They forced the paste into Muna Devi's mouth. She could not save herself and fainted. Her children rushed out when they heard their mother's cry, but they could do nothing but to cry out loud. They were too small to defend their mother. They carried their mother home and cleaned her, but she remained unconscious. The other neighbors came to Muna Devi's house and expressed their sympathies, but refused to provide any other help. Muna Devi tried to launch a complaint at the local police station but was turned down by the police since she is Dalit. Later the couple paid her to drop her attempts at legal action.

4. Caste-based discrimination is referred to as discrimination on the basis of descent and work because each caste is restricted to one kind of work, with the most demeaning, menial, degrading and 'polluting' work done by Dalits. Typically, this work involves the disposal of human excreta, or the bodies of dead animals and corpses. Invariably, it is the Dalit women who are forced by the men to do these jobs. The feudal nature of the caste system also prevents Dalits from leaving their prescribed work. Many are paid nothing at all. Others are given no money, but only a portion of grain or some other payment in kind. This practice leaves them in complete dependency on the upper castes who control and own the businesses and land.

5. Apart from being forced into the most demeaning 'ritual' jobs, Dalit women are also extremely vulnerable to sexual exploitation. Among the Dalit communities, one landless group, the Badi, has for years survived by prostituting its women. More recently, young Dalit women from Nepal are being brought to India in increasing numbers, where they are forced to work as prostitutes. Sometimes they are sent further afield. Many believe that they will obtain jobs as domestic helpers or similar, and willingly follow recruitment agents in the hope of earning money with which to support their families. The police in both Nepal and India support the trade, opening up routes for the women and girls to be sent through, and protecting the brothels. The victims end up as sex slaves, and many die miserable deaths due to sexually transmitted diseases. Those who protest are threatened and, if necessary, murdered, while the police ensure that such crimes are never uncovered.

6. When a Dalit woman is subjected to violence the chances of her getting her grievances redressed are remote. The victim may not even lodge a complaint. The reasons are usually that the victim

a. Is facing threats from the perpetrators, usually upper caste persons or others with social influence.

b. Fears that the police will commit more violence against her.

c. Does not know her rights.

d. May have been discouraged by the unsuccessful attempts of other victims to have their complaints recorded by the police.

7. The judiciary in India and Nepal does not help the situation in any way. Even where cases are taken up, the victims face great ordeals in court due to the ignorance of judges, corrupt prosecution systems, absence of legislation to provide compensation, and inordinate delays in court proceedings. Other agencies such as the respective National Human Rights Commissions, and the National Women's Commission in Nepal, provide little relief and are institutions established by the respective states out of political convenience rather than any serious commitment to the values they purportedly represent.

8. In light of the above, the Asian Legal Resource Centre submits to the Commission that

a. Caste-based discrimination against Dalit women in India and Nepal is a matter requiring the introduction and effective implementation of laws that will hold the perpetrators of abuses responsible for their actions, and ensure adequate compensation for the victims.

b. Immediate action must be taken to investigate the allegations of Muna Devi Damai against Bir Bahadur Thapa and Parbati Thapa, and also her allegation that police refused to take up the case when she lodged a complaint. Suggestions that the victim in this case may have been compensated by way of a settlement with the perpetrators are irrelevant to the question of their alleged criminal action. While the question of adequate compensation for the victim arises, it is a separate matter from criminal prosecution, and should never be seen or used as a substitute for prosecution or as a supplementary measure where the punishment handed to an offender is widely perceived to be inadequate. In addition to compensation, the emotional and personal needs of the victims also must be considered, particularly in the case of sexual violence.

c. The problem of cross-border trafficking of women and girls from Nepal into forced prostitution in India must be treated with far greater seriousness, in particular taking into account the role of the police forces in the two countries in encouraging and perpetuating the trade.