Dalit women in Nepal are suffering from the triad of caste, gender and class inequality. Moreover, Madhesi Dalit women are also trapped in linguistic and regional oppression. Because of this, society views them as lower-class citizens and, as women, are controlled by a more patriarchal structure. Therefore, when Dalit women are subjected to sexual violence, it becomes not just a personal pain, but a vivid example of social structural injustice.

Especially if Dalit women are victims of sexual violence, the problem becomes more complex and deep because there is a lack of seriousness to look at such cases at all levels of society, police and justice system. It is important to mention the situation of sexual violence against Dalit women, its structural causes, effects, challenges of justice and possible solutions. 

incident one: Pooja Kumari Ram murder case

On Tuesday 2nd of Baisakh, 2082, the body of 18-year-old Pooja Kumari Ram was found covered with grass on the bank of a pond located in Lasurunga Municipality-7 of Saptari. She was sexually assaulted 3 years and 5 months ago. 

On November 14, 2078, a local teenager of Thakur surname tried to force him, but the teenager ran away after a commotion. After that, the police registered a case and started the investigation. Although the court decided 8 months imprisonment and 7000 fine, the juvenile was absconding. 

After it was discovered that this teenager had returned to the village a few days ago, the police arrested him. According to the preliminary investigation, it is suspected that he may have done such an act due to the anger of the previous incident. Open from reality research. 

incident two: Anandidevi Saday suicide case 

The body of 24-year-old Anandidevi Saday of Navrajpur rural municipality-3 Donwari tol of Siraha was found hanging in her house on Tuesday 2nd Baisakh, 2082. 

3 months ago, she had filed a complaint of attempted gang rape against 2 youths of the village on 9th of January, but the police had been refusing to register the case, pressuring her to settle. Finally, after two and a half months, a complaint was registered, but the police is still delaying arresting the accused. Even when reporting, the insensitive behavior of the police and the society, the pressure of settlement, the husband's non-cooperation and social stigma made the mental stress unbearable. 

After the death, the victim's family took a stand that they would not identify the body until the culprits were prosecuted. It is alleged that officers including police chief Anantram Sharma pressured the mother to take her to the hospital. The mother has previously been telling the culprits that they will understand the body only after committing to legal action. 

event three: Rinku Sada rape and death case 

17-year-old Rinku Sada of Navrajpur rural municipality-1 Bhagwatipur of Siraha was gang-raped by 3 local youths when she went to defecate in the evening of last January 27. Instead of reporting this incident to the police, it was decided that the culprit would pay compensation through the village panchayat and the victim would not file a complaint. 

Ward member Nathuni Sahahit Panchayat 2 people involved in the jail were sent to prison, while 6 people have been asked for a bail of 1 lakh 50 thousand rupees each. 2 people have been released on ordinary dates. The main accused 'minor' has been left in the custody of his family while 10 others are still absconding. 

These three incidents are vivid examples of gender violence against Dalit women, social pressure and weak accountability of the state machinery. who have exposed the indifference of the police, the insensitivity of the state apparatus towards Dalit women and the obstacles in getting justice. 

Statistics and reality

According to the annual fact sheet of sexual violence of the Nepal Police for the year 2080/81, 2 thousand 507 cases of sexual violence were registered across the country. According to the situation of sexual violence shown by the Nepal Demographic Health Survey 2022, about 8 percent of women aged 15 to 49 have been subjected to some form of sexual violence or abuse so far. Muslim women (13 percent) are the most victims of such violence, followed by Dalit women (10 percent). According to a study by the Dalit Mahila Sangh (FEDO), 11.54 percent of the victims of violence registered by the police were Dalit women and 19.44 percent were Dalit girls. If we look at the statistics of other Nepal, 27 percent of the women victims of violence are Dalits. In the records of INSEC, 22.58 percent of victims are Dalit women. 

The rate of getting justice in such cases is very low. According to the study, out of 155 Dalit women and girls who were raped, only 1.5 percent got justice. Out of 152 cases of physical, mental and social violence, only 0.3 percent of them have been prosecuted. 

Mysterious silence

When there is an incident of violence or rape against women of Nepali origin in India or other countries, Nepali society, civil activists, women's rights activists take to the streets, demand justice, the media reports widely, but when the same or even more horrific incident happens in Madhesh, that too against Dalit women, all those "sensitive" groups remain silent. Why?

Last February 16, Nepali student Prakriti Lamsal died suspiciously at KIIT University in Odisha. Advik Srivastava, who harassed him mentally, has been arrested. After the death, Nepali students protested after the campus administration tried to cover up the incident. Voices were raised from the streets to the parliament in Nepal against the inhuman treatment of students. Wide pressure was created for nature's justice in the cities and markets of the country including Madhesh. But irony! Those who raised their voice in favor of nature's justice remained silent in favor of Rinku, Pooja and Anandi Sada of their own country. This silence is itself a product of institutional, ethnic and class prejudice. 

Kathmandu-centered civil movements, human rights organizations and women's rights leaders are still stuck in the sero-fero of the tendency to see Madhesh and Dalit issues as 'peripheral'. For them, responding to 'women's violence' is a 'question of dignity', but if the victim is a Madhesi Dalit woman, such a question becomes secondary. It is not difficult to understand that such a situation has occurred since most of the leaders are from urban, upper caste and middle class. 

It is not difficult to understand the sign of this silence – Nepal's human rights and women's rights movement is still unequal in terms of ethnicity, geography and class. Unless the plight of Dalit women is made a national issue and vocal groups can eradicate prejudice within themselves, justice will be limited to the possession of those who have access and would-be eaters. 

Obstacle of justice

The mission statement of Nepal Police will say 'Dedicated to the nation, clean and professional police, committed to establishing peace, order and security in the society through effective crime control and investigation and law enforcement'. But in practice, especially in the case of Dalit women, the behavior of the police does not seem to be fair and just. Police officers themselves are haunted by caste and patriarchal thinking. 

In Madhesh, the coalition of police, local leaders, businessmen and alleged intellectuals are creating serious obstacles in the justice process. However, the entire police force is not to blame. For example, a SP who came to Mahottari some time ago tried to expand access to justice by communicating with the minority community. But even though such examples are inspiring, they are 'rare'. 

In the case of Rinku Sada, instead of taking legal action against the culprits, the village panchayat decided to pay compensation and despite the direct involvement of the ward members, other culprits have not yet been arrested, which is proof of the biased and power-centered nature of the police. Similarly, in the case of Pooja Kumari Ram, the accused was sentenced to imprisonment and fined, but the police did not arrest him for a long time, in the case of Anandi Devi Saday, they registered the case only after a month and a half, and that too only after extensive pressure, and even after that, the police have come under suspicion. 

There is caste discrimination against the Dalit community. Their access to education is poor. The poverty ratio is high. They cannot resist due to weak presence. Not much presence in the government structure. There is no equal access to justice. There is no guarantee that the state will protect it. Society also insists on solving problems among themselves. 

Sexual violence against Dalit women is not just a criminal phenomenon, it is a deep reflection of caste injustice, patriarchy and failure of the state apparatus. It is our collective failure that the voices of the victims are not heard, the protection of the criminals and the indifference of the state machinery. Unless we look at the suffering of Dalit women with justice and respect, the dream of an inclusive and equal society will remain incomplete. 

solution path

In this way, sexual violence against Dalit women is connected with deep social, caste and institutional inequality. An inclusive, multifaceted and effective policy intervention is indispensable for its solution. If Nepal wants to move towards an inclusive and just society, it is imperative to give priority to the process of giving justice to Dalit women. 

In some societies, Dalit houses are scattered. The so-called upper castes sometimes live together. Dalits do not get support after incidents of violence. Even the neighbors turn their backs. When other castes are mistreated, the neighborhood unites to punish the perpetrator. When a Dalit is in trouble, there is no one to speak for him. 

To reduce incidents of violence, everyone should feel that justice is equal. Awareness should be raised among the people, the state agencies should be proactive, the perpetrators should not be protected and the victim should be given justice by fast track. This is the responsibility of the state. But when he fails in this aspect, Madhesi Dalit women have to continue to be persecuted. 

Weakness of Madhesh government

Dalit Empowerment Act, 2076 Passing the Dalit Quota, 50% reservation for Dalit women has disappeared. According to the same Act, a state-level monitoring committee has been formed to bring justice to Dalit victims of violence, which is chaired by the Chief Minister. But Chief Minister Satish Kumar Singh has not considered it necessary to call a meeting of the said committee even once. Is the Dalit community still only voters? Does the issue of their life and security mean nothing to the state and government?

The time has come for the Dalit community to demand an account of every injustice and injustice done to them. Raise your voice for justice. Because if we remain silent, many of our girls will be forced to suffer the fate of Rinku, Pooja and Annadi. Therefore, the silence of the Dalit community is no longer an option – it must be transformed into reaction, resistance and change. 

The role of local government is very important to end sexual violence against Dalit women. The women and children monitoring committee formed at the ward level can be effectively mobilized and assisted in the identification, protection and justice process of the victims. Similarly, it is necessary to form a special monitoring committee so that Dalit women have mandatory participation in the police and local administration to reduce the influence of brokering networks in sexual violence. 

A social monitoring system should be developed to bring transparency in the functioning of police and courts, in which civil society, human rights workers and Dalit representatives have an active role. In addition, there is a need for widespread information dissemination (e.g. pamphlets, radio programs, plays) to ensure that legal rights related to sexual violence, locations and contact details of help centers reach villages. Moreover, the Ministry of Home Affairs has been campaigning for a long time but has not been able to implement Dalit Dex in the District Police Office. It is necessary to activate it immediately and effectively.