CHAPTER I - INTRODUCTION

The word Dalit, literally a new word, is in vogue since 19th century,
synonymously used for the downtrodden, destroyed, crushed people by the so called
upward classes. The Indian etimology is Shudras, meaning the socially oppressed
and economically backward classes. The ‘Varnashrama1’ (the institution of caste)
practice of ancient Indians, though with a bonafide motive divided people into
different classes based on their class of work, gradually turned into a brahminical
devil, subduing the goodness of the Varna System and increasingly giving rise to
the oppression of the last Varna people called shudras. The most important organ
of the society, who served the other four classes were brutally boxed into servant
class, panchama varna (fifth caste) slowly painting them as the ‘untouchables’. This
downtrodden fourth class was engaged in menial service sector, without which the
other classes could not otherwise survive, however, they were considered to be
socially inferior, outcastes. Such oppression against a specific class is not just
restricted to India. The Asian countries like Nepal, Bangladesh, Srilanka, Pakistan,
Japan, Yemen, African countries like Mauritania, Nigeria, Senegal, and United
Kingdom, have all been infected by this caste based discrimination.

India got independence after a prolonged struggle and sacrifices of many

freedom fighters way back in 1947 itself a milestone, where India freed herself from
the tyranny of British rule. However the true spirit and joy of the Independence can
be enjoyed only when women of India are liberated from various atrocities and avail
them freedom, liberty and equality of opportunities in all spheres and bring them to
the main-steam on par that of men. Women though comprising nearly half of the
world’s population and Dalit women are one of the largest socially segregated
groups anywhere in the world, and make up 2% of the world’s total population are
still considered to be vulnerable group. In a male dominated society, Dalit women
suffered unimaginable oppression, not only through caste, but gender too, from
which there was no escape. The laws in the Manusmriti and other Vedic scriptures
close all economic, political, social, educational, and personal channels through

1
Varnashrama- is an institution of Caste system in India. The first reference to the Varnashrama
system is made in Purush Sukta verses of the Rig Veda (book 10, hymn 90) where the different
sections of the society are regarded as the limbs of the great self. When objectively viewed, these
Varnas were sophisticated organisation of the society that intelligently divided the population into
different groups that would help the society function smoothly.

Andhra University, Visakhapatnam

which Dalit women could be uplifted the horrendous Laws in the Manusmriti were
incorporated into Hinduism because they were favorable only to the Upper castes,
which form the majority of India. Even today, in modern times, we see the severe
oppression and exploitation of Dalit women. The Laws of the Manusmriti have a
devastating effect on the level of education reached by Dalit women.

In India, after independence, these oppressed classes were given a special

importance by the law makers and the author of the constitution, Dr. Baba Saheb
Ambedkar. The word Dalit was rechristened as “Scheduled Castes” and a special
policy called Reservation was articulated. According to the International Dalit
Solidarity Network2, at the bottom of South Asia’s caste, class and gender
hierarchies, are Dalit women. Women have always been treated as second class
citizens the world over, however, the Dalit Women, apart from getting the second
graded treatment being women in the society, they are put to multiple
discriminations apart from limited or no access to education, justice, economic and
social freedom . According to many reports they are the most suffered sector of
society vulnerable to violence and rape.

According to the National Commission for Scheduled Castes and Scheduled

Tribes 2000 the majority of the educated people are of the upper caste, many of
which may practice caste-based discrimination, approximately 75% of the Dalit
girls drop out of primary school despite the strict laws of the Government of India,
which hold reservations for Dalit children. Despite showing keen academic
aptitude, reasons for this early drop out from the education system is poverty or to
escape humiliation, bullying and isolation by classmates, society, and even their
teachers. Justified by the Vedic scriptures, the Devadasi system (also known as
temple prostitution) was introduced by the High caste Hindus, and it still exists in
some parts of India.

Many Dalit Non-Government Organizations (NGO‘s), both in India and

abroad, have been involved in raising the plight of India’s 250 million untouchables.
One of the most important tasks of these Dalit NGO’s is to bring the plight of Dalit

2
News on International Dalit Solidarity Network, Annual Report 2020-2021.

Andhra University, Visakhapatnam

people to the attention of the International community and to document and
publicize human right violations

Even after the introduction of reservation policy, positive and a constant

support of the political machinery in the country towards eradication of
discrimination against the Dalits has failed, it is still not easy being a Dalit. So the
question that comes to our mind is - if being a Dalit is so tough, how tough will it
be to live a life of a Dalit woman? Women in any caste are considered deprived
creatures.

It is also a known fact that women enjoyed equal status with men in Vedic
period, they were respected and honoured and on the whole, position of women was
free. The society was governed by certain established norms approved by the
Dharma Shastras and they participated equally along with men, hence she was
considered as “Saha Dharma Charini”. In Rigvedic period women are given equal
status as Arthangi and dharmapatni are used to refer equal status to women but later
Vedic period caste system is crystallized, women are driven to back position.

Indian jurist, economist, politician, and social reformer, Dr. B.R. Ambedkar
in his article titled “The Rise and Fall of The Hindu Woman,” pointed out that the
root cause of suffering of women in India was on account of religious scriptures
that sanctioned this oppression. For instance, women at large had no right to
education, independence, and wealth. This threw Dalit women unarmed and
vulnerable against a rigorous patriarchal system. The Manusmriti regards the
killing of Dalit women carelessly, their lives were a perpetual cycle of humiliation
and abuse3.

Dalit women of India have been living in the culture of silence throughout
the centuries. They have remained mute spectator to their exploitation, oppression
and barbarity against them. They do not have any control over their own bodies,
earnings, and lives. The collective forces of Feudalism, Castes, and patriarchy have
made their lives just a hell. An overwhelming majority of them live under the most
precarious conditions. In the present age of modernism and post-modernism they
are still living in darker age of savagery. Dalit women in India live an existence of

3
Dr. Babasaheb Ambedkar Writings and Speeches Vol. 17- II, Education Deptt., Government of
Maharashtra, Mumbai, pp. 109-129, November 21, 2013.

Andhra University, Visakhapatnam

the worst kind combining miserable poverty with grinding labour at the work places
and in the home abused and exploited.

The Constitution of India “cast a special responsibility on the State to

promote with special care, the education, economic interest of the Scheduled Castes
and promised to protect them from all forms of exploitation and social injustice
(Article 46)”. Though Indian Constitution provides equality to all citizens
irrespective of caste, creed, region and gender and also directs the State to take
various measures to remove the different forms of discrimination and inequality,
still the problem persists. This is true about legal sections of Dalit women of the
country they have not adequately benefitted from the country‘s social, political
educational and economic progress4.

The enactments of the Untouchability Offence Act, 1955(renamed as the

Protection of Civil Rights Act (PCR) in 1976), and the Scheduled Casted and
Scheduled Tribes Prevention of Atrocities Act (POA), 1989, aim to prevent crimes
and atrocities stemming from discrimination and hatred towards Dalits.
Notwithstanding the principle of equality of all citizens, the government reserves
the right to pass legislation designed to give special relief to the ‘weaker sections
‘of the society, which includes the Scheduled Caste and Scheduled Tribes, women,
and children5.

Permanent national commissions have been set up to safeguard rights for

both SCs and STs as well as for women various economic schemes announced from
time to time to create employment opportunities or grant welfare payments or other
benefits to the ‘weaker sections’ of the society. Importantly, in addition to legal
safeguards against discrimination, equal access to and participate in public
employment , education, politics, and governance are ensured through reservation
of some seats in government services, public educational institutions, Parliament,
and State legislatures for SCs and STs. In the elected bodies of local government,
there are reserved seats for women also. Although the practice of (Untouchability)
has been banned since independence (1947), many of the associated behaviours,
norms and values persist. In reality, Dalits still often live in separate locations with

4
M.P.Jain Indian Constitutional Law, Lexis Nexis,2018
5
See The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Andhra University, Visakhapatnam

poorer services and face discrimination when accessing services and receiving
financial benefits from the government6.

However the problem of Dalit women is distinct and unique in many ways
because they suffer from the triple burden of economic deprivation, patriarchy, and
caste and Untouchability- based discrimination- all of which may not be removed
unless the Constitutional Mandate is implemented.

Political participation is generally recognized as a representative instrument

towards achieving positive policy outcomes for each group. Indian data on the
trends in taking part actively at the national level of governance show that
participation of women in general and Dalit women in particular remains dismally
low in India. Data on Lok Sabha (Lower house of the Parliament) from 1971 -2004
reveal the dominance of SC men in politics. The Fourteenth LokSabha had a total
of seventy five (75) MPs from the SC social group, of which sixty five (65) were
men and ten (10) were women. There is a slight improvement in the percentage
share of the women Parliamentarians from the SC background, although they
continue to be under represented when compared to number of Dalit men and upper
caste women. The fifteenth Lok Sabha general elections for the 543 electoral
constituencies were held in 2009. A total of 8070 candidates contested out of which
there were 7,514 men and 556 women from different social groups. Within the 556
contested women, only fifty- seven got elected, twelve Dalit women, five from
scheduled tribes, and forty from the upper - caste groups these data clearly highlight
the lower political representation of women in general. Dalit women in particular7.
The figures for the sixteenth LokSabha; 66 women M.P.’s, of whom eleven are from
The Scheduled Castes and five from the Scheduled Tribes. The newly elected 17th
LokSabha has 78 women Members of Parliament (MPs), the highest since
independence. According to PRS legislative research, Parliament this time has 300
first-time MPs and 197 MPs who have been re-elected for a second consecutive
term. Out of the 716 women candidates who contested elections, 78 have been
elected, which is 14% of the house. This is higher than 2014 where there were 62
women MPs in the house.

6
D.D.BASU Introdcution to the Constitution, Lexis Nexis, 24 th Edition, 2019.
7
Sabharwal, Lal, and Ojha- Iissues of Under-Representation: Mapping Women in Indian politics,
2013

Andhra University, Visakhapatnam

 It has come as a solace to the immensely oppressed, ostracized, trampled
Dalit women. Several constitutional, administrative and legal provisions to protect
women from all communities, and specific provisions for women in the Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities) Act (1989) have been
enacted8. In its quest for decentralizing governance, various governments brought
up policy reforms to ensure the representation of marginalized social groups in
governance, including Dalit women, through constitutionally mandated
reservations in Panchayat Raj institutions. The fundamental rights incorporated in
the constitution have enabled direct involvement and participation of Dalit women
in local governance. Several commissions, forums have been setup to enable the
Dalit women to bring their issue to the fore and discuss the same, raising their voice,
inhibiting decision making power with regards to basic services, social, financial,
educational development. Physical, economic & social independence, freedom and
justice in all fields being the critical factors that create an environment to fight
against the challenges that are brought in by the various discriminatory acts against
the Dalit women need to be addressed to help them realize their fundamental rights.
Article 14 disputes all kinds of prejudice, Article 15 and 16 speak against any kind
of discrimination including caste discrimination, while Article 17 obligates
eradicating untouchability9. According to a report published by IDEAS10, Around
85% of Dalit women were pushed into panchayat politics primarily by dominant
castes or their husbands, the former often working through the women’s husbands.
Dominant castes also for the most part sought to directly engineer elections by
consensus, thereby making the reservation policy redundant.

Due to the existing inequities, intolerance and injustice in the society, the
Indian Constitution has embalmed the idea of positive discrimination to boost the
backward classes with reservation policy and necessary provisions were plugged
into the Constitution. Dalits being the main sufferers under the guise of
discrimination and untouchability, reservation policy was enshrined to favour them
and give them an opportunity improve their condition in the country, as such many
policies were enacted to flatten the discrimination. Since then, reservation system

8
See The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
9
Art.14, 15, 16, and Art.17of Indian Constitution whch are discussed in detail in Chapter V, 5.1 and
5.2.
10
IDEAS, Justitia et Pax, Equalinrights 2009

Andhra University, Visakhapatnam

has existed in the country to improve the living conditions of socially and
economically depressed people, especially the Scheduled castes to increase their
representation in political arena, welfare activities and for all round improvement.
However, reservations are not a justice11.

The Indian Constitution is enshrined with many Articles that deal with
discrimination against any citizen, like Article 15(4)12, 16(4)13, 33514, 33815, 34116,
34217, 366(24)18 & 366(25)19. Government has prepared a route plan for the
educational development of Scheduled Castes viz. The National Policy on
Education, 1986, and The Programme of Action 1992 and a separate chapter is
dedicated for their educational development. Further, the 73rd20 and 74th21
constitutional Amendments are working up towards a uniform three tier system to
enhance the opportunities of Dalits, the village Panchayats, Panchayat Samities and
The lowest or rather the basic form of governance starts from the local self-
government system instituted as Panchayat Raj System and Municipalities in India
through the 73rd and 74th Constitutional amendments. In villages the self-
governance is realized through the Panchayat Raj which are given key role in
“economic development, strengthening social justice and implementation of
Central and State Government Schemes including those 29 subjects listed in the
Eleventh Schedule22.". Article 243G of the Eleventh Schedule of the constitution
defines the functions entrusted to the panchayats viz.,Agriculture, Fisheries, land
improvement, Animal Husbandry, Minor Fords produce, Minor irrigation and

11
Sharma and Reddy Reservation Policy in India. Sharma BAV and Reddy KM (eds) Reservation
Policy in India (Light and Life New Delhi 1982
12
For detailed explanation see Chapter V, 5.1 and 5.2
13
ibid
14
Claims of Scheduled Castes and Scheduled Tribes to services and posts.
15
Appointment of Special Officer for Scheduled Castes, Scheduled Tribes etc.
16
Special Officer for Scheduled Castes etc
17
Special Officer for Scheduled Tribes etc
18
Scheduled Castes means such cases, races or tribes or parts of or groups within such castes, races
or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this
Constitution;
19
Scheduled Tribes means such tribes or tribal communities or parts of or groups within such tribes
or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of
this Constitution;
20
Peter Ronald deSouza, The Struggle for Local Government: Indian Democracy's New Phase, Vol. 33,
No. 4, autumn, 2003, Emerging Federal Process in India, Oxford University Press
21
Peter Ronald deSouza, The Struggle for Local Government: Indian Democracy's New Phase, Vol. 33,
No. 4, Autumn, 2003,Emerging Federal Process in India, Oxford University Press
22
Mahathma Gandhi, Village in Swaraj, (Navjivan Trust, Ahmedabad, 1962) discussed the
importance of democratic decentralization through Panchayat Raj Institutions.

Andhra University, Visakhapatnam

watershed Development, poverty alleviation, rural electrification housing, cottage
industries etc. Local governance is a State subject, so, State governments have a
critical role in determining many aspects of Panchayat Raj of their states. The State
governments should consider the 29 matters that are set out in the Eleventh
Schedule of the Constitution for devolution of the Panchayats for planning and
implementation of schemes, for economic development and social justice.

The Balwant Rai Mehta Committee was a committee originally appointed

by the Government of India on 16 January 1957 to examine the working of the
Community Development Programme (2 October 1952) and the National Extension
Service (2 October 1953) and to suggest measures for their better working. The
Chairman of this committee was Balwantrai G Mehta. The committee submitted its
report on 24 November 1957 and recommended the establishment of the scheme of
'democratic decentralization' which finally came to be known as Panchayati Raj.
The main aim of Panchayat raj system is to settle the local problems locally and to
make the people politically conscious23.

The specific recommendations of the committee are:

1. Establishment of a 3-tier Panchayati Raj system - Gram Panchayat at the

village level, Panchayat Samiti at the block level, and Zilla Parishad at the
district level. These tiers should be organically linked through a device of
indirect elections. The main purpose of this division is to simplify and to
decrease the work load of the state and central government.

2. The village Panchayat should be constituted with directly elected

representatives, whereas the Panchayat Samiti and Zilla Parishad should be
constituted with indirectly elected members. This is because Panchyat is
similar to that of state assembly where there is place for politics where as
Samiti and Zilla Parishad members should be more educated and
knowledgeable and may not need the majority support.

3. All planning and developmental activities should be entrusted to these

bodies.

23
J.N.PANDEY, Constitutional Law of India, Central Law Agency, 2016

Andhra University, Visakhapatnam

 4. The Panchayat Samiti should be the executive body while the Zilla Parishad
should be the advisory, coordinating and supervisory body.

5. The District Collector should be the Chairman of the Zilla Parishad.

6. There should be a genuine transfer of power and responsibility to these

democratic bodies.

7. Sufficient resources should be transferred to these bodies to enable them to

discharge their functions and fulfil their responsibilities.

8. A system should be evolved to effect further devolution of authority in

future.

9. Irrespective of political parties, Elections has to be constituted for every 5

years in a genuine way.

These recommendations were accepted by the National Development Council in

January 195824.

The Panchayat system includes setting up of three tiers i.e., (i) Gram
Panchayat at village level25 (ii) Mandal Parishads /Intermediate Panchayats at Sub-
District level and (iii) Zilla parishad or District Panchayats at District level26.
However, for states and Union territories that have less than two million population,
there are only two tiers. Members of panchayats are elected by direct elections
through adult franchise. This system also provides for Gram Sabhas i.e. a general
assembly of registered voters residing in that village who, as a forum, take direct
participation in their village’s local governance. This idea is loosely based on
Mahatma Gandhi’s vision of “Gram Swaraj”, where the village takes care of its own
affairs independently, and a decentralized governance system. However, it is very
interesting to note that villages have been the basic units of regional administration
since Vedic times. Local self-governance originated in 2nd millennium BC in India,
however, after independence Bihar was the first state to adopt Panchaythi raj in
1947.

24
KAUSHIK, SUSHEEIA, Panchayati Raj in Action: Challenges to Women's Role, Firedrich Ebert
Stifleeng, New Delhi, 1995
25
J.N. Pandey- Constitutional Law of India,(51st Edition) Central Law Agency, Allahabad,2014
26
ibid

Andhra University, Visakhapatnam

 In December 1977, the Janata Government appointed a committee
on Panchayati Raj institutions under the chairmanship of Ashoka Mehta. The
committee submitted its report in August 1978 and made 132 recommendations to
revive and strengthen the Panchayati Raj system in the country. As a result of this
report, the Indian states of Karnataka, Andhra Pradesh, and West Bengal passed
new legislation. However, the flow of politics at the state level did not allow the
institutions to develop their own political dynamics27.

The main recommendations of the committee were:

1. The 3-tier system of Panchayat Raj should be replaced by the 2-tier

system: Zilla Parishad at the district level, and below it, the Mandal
Panchayat consisting of a group of villages covering a population of 15000
to 20000.

2. A district should be the first point for decentralization under popular

supervision below the state level.

3. Zila Parishad should be the executive body and made responsible for
planning at the district level.

4. There should be an official participation of political parties at all levels of

Panchayat elections.

5. The Panchayat Raj institutions should have compulsory powers of taxation

to mobilize their own financial resources.

6. There should be a regular social audit by a district level agency and by a

committee of legislators to check whether the funds allotted for the
vulnerable social and economic groups are actually spent on them.

7. The state government should not supersede the Panchayat Raj institutions.
In case of an imperative supersession, election should be held within 6
months from the date of supersession.

8. The Nyaya Panchayats should be kept as separate bodies from that of

development of the state in consultation with the Chief Election
Commissioner should organize and conduct the Panchayat Raj elections.

27
Debroy, Bibek; Pitambar Datta Kaushik. Energising Rural Development Through 'Panchayats,
2005

10

Andhra University, Visakhapatnam

 9. Development functions should be transferred to the Zila Parishad and all
development staff should work under its control and supervision.

10. The voluntary agencies should play an important role in mobilizing the
support of the people for Panchayati Raj.

11. A minister for Panchayati Raj should be appointed in the state council of
ministers to look after the affairs of the Panchayati Raj institutions.

12. Seats for SCs and STs should be reserved on the basis of their population.

13. A Constitutional recognition should be accorded to the Panchayati Raj

institutions. This would give them the requisite status and an assurance of
continuous functioning28.

For an overall development, when the political parties and Governments

have been mulling about the 33% reservation for women that includes Scheduled
caste women, seats have been reserved for Scheduled Castes in direct proportion to
their population, and to top it up, 1/3rdof the reserved seats for SC’s constitutes SC
women. The 73rd Constitutional Amendment29 has come as a boon providing
reservation in seats for SCs, BCs and women. A society’s development is measured
by three parameters viz. Poverty, Education and employment. This study is an
attempt to measure the success brought by the Reservation policy for the
downtrodden, oppressed, Dalit women, who have been burdened by the triple
discriminations of caste, class and gender. This study is based on statistics and
analysis made on the impact of reservation affecting the three important parameters
as mentioned supra along with socio, political, legal developments involving the
Dalit women. Development is not a static entity, it is dynamic and has various
angles to measure it.

The reservation policy plays an important role in improving the access of

Dalits to education and employment. This study tries to analyze if reservation
system has made any inroads into improving the lives of Dalit women, if so, then
how far we have been successful, what benefits it provided the trampled ones. We
try to debate the positive signs in the enhancement of opportunities extended to the

28
See Ashok Mehta Committee (1978) Reports for detailed issues and challenges to Panchayat
Institutions.
29
The Constitution (73rd Amendment) Act was passed in 1992 and it came into effect on 24 April
1993.

11

Andhra University, Visakhapatnam

disadvantaged women. The researcher tries to understand Reservation system
helped the Dalit women to engage in public sector employment, which in turn
improved their social conditions. Apart from education and employment on
developments made in political and judicial arena by Dalit women and is there any
impact in their standards of living is there any change the thinking of the other
society members towards these people. How far have the Dalit women been
successful, has the attitude of society and especially upper class not changed
towards them? Despite reservation, the integration of Dalits with the society is a
huge task due to their huge population. Having looked at three different parameters
to measure development of the Dalits through reservation, it is possible to conclude
that over time there has been a positive impact of reservation on them.

Some studies provided that education is an indicative of development of the

Dalits in the individual parameters. Though lot of measures are to be taken for
reservation has helped the Dalit women in securing seats in schools and colleges,
but what about their further progress. Though government has ensured reservation
across sectors in public sector units? But what about the private sectors and non-
governmental organizations? There is no 100% assurance in higher grade jobs,
promotions. It is observed that in spite of major reliefs provided to the Dalit women,
their progress has been comparatively slow, and the factors might include the huge
population, big families, still under developed minds, patriarchal mindsets,
oppression that is still existing in some remote villages among various other
reasons. The question of whether affirmative action in the form of reservation was
the right developmental model to be adopted by India is still completely
unanswered. The under developed, newly independent country having a vast
uneducated and illiterate population consisting of people belonging to more than
half of its population from socially backward classes, it is a quite big challenge to
mainstream these people and integrate them with the other better developed part of
the society. To enplane the same, Panchayat Raj institutions are considered to be an
important organ of participatory democracy. The basic idea behind establishing
these grassroots-level bodies was to decentralize power and resources from the
national and state capital to villages, to ensure people could administer their socio-
economic and political life as per local needs. But weaker sections of society --

12

Andhra University, Visakhapatnam

particularly Dalits -- have not been able to participate in panchayats mainly due to
contradictions inherent in Indian society.

Major rift lines Illiteracy, poverty, the hostility of caste Hindus and above
all non-cooperative and extremely unsympathetic government officials militate
against effective Dalit participation in panchayati raj institutions. The political
scientist M K Lele, in a recent comparative study between traditional village
panchayats and the modern gram sabha in Maharashtra, has highlighted this. Lele
observes that though the gram sabha remains theoretically open for marginalized
sections of society, in reality the caste system works to alienate Dalits from the
political process. Even reservation of seats has not helped to make the marginalized
more vocal or assertive.

In 1961, 72.24 per cent of scheduled castes depended on agriculture -- 37.76

per cent were cultivators, while 34.48 were agricultural labourers. Their dependence
on agriculture further went up to 74.5 per cent by 1991 at the same time, the
percentage of scheduled caste cultivators decreased to 25.44, while those of
agricultural labourers rose to 49.06. Moreover, the percentage of scheduled castes
in household industries also decreased from 6.56 per cent in 1961 to 2.41per cent
in 199130.

Clearly, Dalits are not doing well economically. Their enfranchisement has
not been accompanied by any economic gains for them. Consequently, participatory
democracy has not served its purpose.

India- the world’s largest democratic country, meaning the government in

all its forms but especially the Union government is a strange creature. India just
this year commended its 72nd Republic Day this year in the consequence of the
worldwide coronavirus pandemic that has devasted the economy, obliterated the
lives and occupations of crores of individuals.

It is believed that if a woman is educated then whole family gets educated,

believing in this maxim, country has taken strides towards educating women.
Opportunities should be given to make them lead independent life, to live their
dreams, for them to lead the society and the country. The need to be provided with

30
An articlenamed “Limited Democracy” by Umakanth published in Down to Earth Journal 30th
June, 2004.

13

Andhra University, Visakhapatnam

better health facilities, and they should be made free from various other problems
like dependence on men, sexual harassments, inability to take decisions etc. From
suffering due to marriage at young age, to being denied a second marriage to a
widow, from being ruled to becoming a burden to the family, from losing their lives
during delivery to infant mortality, from female feticide to the acts of Sati, women
have come a long way. We have also seen a major stride in Dalit women’s lives too,
but we still have a long way to go. No doubt women are the disadvantaged gender
in both rural and urban areas of the country.

Caste has always been instrumental in marginalizing and discriminating

women. They have been denied access to public forums, society has made it
difficult for women to raise their voice against violence, they have been denied to
address societal concerns Women’s empowerment is one of the objectives of the
third generation Panchayat in India.

Women in India are awfully underrepresented in political institutions. The

political power, access to decision making and authority are the critical
prerequisites for women’s equality in the process of nation building. The recent
laws enacted to empower women has helped them to come forward and involve in
policy making, implementing and executing plans towards societal development.

1.1 SIGNIFICANCE OF THE STUDY

Women in general, Dalit women in particular play a very important role in

shaping the society. We can find many women in the past and now at present who
are actively participating for the development of our nation. Today society has
grown to large extent, living in a digitalized, globalized and liberalized society, still
we can see Dalit women are being harassed and exploited on the name of caste. The
Researcher wants to study the status of women in general and Dalit women in
particular, the growth of women from the ancient period to post independence and
the provisions given through the Constitution of India and many legislations framed
by the parliament with the representation of women in general and Dalit women in
particular at various educational institutions, public organizations, Local
Panchayats.

The present Research Study also to study the extent of participation of Dalit
women as elected representatives in Panchayat Raj elections.

14

Andhra University, Visakhapatnam

1.2 OBJECTIVES OF THE STUDY

1. To discuss the position of women in general Dalit Women in particular in

ancient and modern India and to discuss their main problems in Indian
Community.

2. To trace out as what safeguards are incorporated in the Indian Constitution

with regard to equality and protective discriminations including
Reservations to Dalit Women.

3. To study protecting and implementing the Reservations for Dalit Women

through Judicial decisions.

4. To discuss the role of Dalit Women in Panchayat Raj System.

1.3 SCOPE OF THE STUDY

With the development of the society, status of women cannot be secured by

her economic power alone as is generally taken as it also depends on culture. A new
dimension of women in politics emerged in recent years all over the world. More
and more women have now been entering into politics. They are becoming aware
of various policies. Women have struggled over issues affecting them, especially
their rights to property and vote in the 19th right to abortion, equal pay and equal
status provision in the 20th century.

Today we talk about women empowerment but till date we could not get
Women Reservation bill passed in Lok Sabha, a saying goes around the world that
Political participation of women in any country gives an overview of how women
are treated in society. The development of any country also depends on the equal
participation of men and women. Since women’s presence is seemed to be low in
Indian politics, it is the duty of every human being to make them aware of their
rights and motivate them for participating in mainstream politics. To become
Pradhan or a ward member in a Gram Panchayat or any other civic body, or a
member of State Assembly or Parliament adds respect within the family as well as
in the community at large besides increasing their self-esteem, confidence and
decision-making ability.

Women’s participation in mainstream political activity has important

implications for the broader arena of governance in any country. Direct political

15

Andhra University, Visakhapatnam

participation of Dalit women in local governance is a central human right in itself
and enables the realization of a host of other human rights. Political voice and
decision-making power concerning basic services, economic development and
social justice are critical factors in challenging and transforming structural caste-
class-gender discrimination, and enabling Dalit women to realize their fundamental
rights i.e. Human Rights and Legal Rights.

. The present Research Study will discuss about Constitutional and legal
remedies for the reservation and upliftment of Dalit women and their participation
in election from the ground level which paved way for women emancipation and
empowerment. The present Research Study is entitled EMPOWERMENT OF
DALIT (SCHEDULED CASTE) WOMEN THROUGH AFFIRMATIVE
ACTION PROGRAMES (RESERVATIONS) WITH SPECIAL
REFERENCE TO PANCHAYAT RAJ INSTITUTIONS- A CRITICAL
LEGAL STUDY, study the conditions of Indian women in general and how the
State has enacted various legislative measures intended to ensure equal rights, to
counter social discrimination and various forms of violence and atrocities and to
provide support services.

The Researcher also wants to put light on Dr.B.RAmbedkar’s ideology on

the status of the Dalit women and how they are discriminated at every step of their
life and also representation of Dalit women in the Indian politics in general and
particularly with regard to their representation in Gram Panchayat elections.

1.4. HYPOTHESES OF THE SYUDY: Basing upon the objectives of the study,
the following hypotheses are formulated.

1. The plight of the social conditions which the women are facing have not changed,
Dalit women status is more deplorable. Though the Indian Constitution has given
equal status for women along with men , many legislations, statutes have been
enacted, many Commissions have been established, still women in general and
Dalit women in particular are being discriminated at every step of their life. The
positive discrimination (Reservations) to some extent helps Dalits in general and
Dalit Women in particular to improve their status and empowerment. But still they
are under representation in employment and empowerment.

16

Andhra University, Visakhapatnam

2. In spite of Constitutional and Legal protection, the Dalit women are nominal
representation in public employment and political life. An adequate representation
of Dalit women in public employment and empowerment definitely improves their
status. The reservation policy should be strictly implemented for the benefit of Dalit
Women and empowerment of their status in public and private life.

1.5 RESEARCH METHODOLOGY:

In the present Research Study mainly Doctrinal Method was adopted. It

explains descriptive method with critical analysis and evaluation of status of Dalit
women since the ancient time and the Constitutional provisions with regard to
women employment and empowerment.

1.6 REVIEW OF LITERATURE:

Before taking up the study of this nature, it is required to review the

literature on this subject. There are various books, articles and journals available
and also the Researcher can take help of internet, i.e. online articles, magazines, etc.
which are consulted by the Researcher identified some important books with a view
to use them as basis for the present research work. The role of women in Panchayat
Raj is the subject of discussion in the contemporary context. The promises and
possibilities held out by the reservation of women in these institutions are being
reiterated by the bureaucrats, academicians, activists and even the doyens of the
women's movement at various forums all over the country. Many studies have been
undertaken on the impact of reservation for women in Panchayat Raj Institutions.
This part of the chapter deals with review of the studies to understand status of
women in general and Dalit women in specific. Further studies related political
participation of general women and Dalit women are presented to understand the
existing status of Dalit women, so as to build a foundation for the research work.

IMPORTANT AUTHORS ARE REVIEWED WHICH ARE AS FOLLOWS:

1. Malviya (1956)31explains the historical and ideological background of the gram

panchayats in India from times immemorial, and focuses as to how the village
panchayats in this ancient country developed into a sound system of democracy

31
Malviya, H.D., Village Panchayats in India, All India Congress Committee, New Delhi, 1956

17

Andhra University, Visakhapatnam

 in accordance with tour indigenous traditions and culture. Malviya concluded
with a suggestion that village panchayats are not relies of tribalism of feudalism
but are the result of mature political through age. Village panchayats could
really succeed in bringing about decentralization of economic and political
power under the conditions of social and economic equality.

2. Khanna (1966)32 attempted to study the structure, functions, finances and

working of Panchayat Raj in Punjab and Haryana. He has also made suggestions
for improving the working of Panchyati Raj through democratic measures.

3. Mathur (1966)"33examined the emerging institutional leadership, behaviour

pattern and the interests of the members, its functioning in the specific context
of "planning from below" and implementation of development programmes,
and the baffling problems of 'non-official' relationships, the financial and
administrative challenges facing it and finally, its overall impact on one district
of Rajasthan. They concluded that the Panchayat Raj has not so far fulfilled the
expectations at grassroots level.

4. Desai (1969)'34 revealed that the Panchayat Raj has provided a new framework
for a political caste struggle between rival landlords, jealous of the prestige of
each other and determined to maintain their strength at the cost of the rival
group. On the positive side of the Panchayat Raj System, he maintained that the
villagers are becoming election minded because it represents their choice.

5. Mathur (1969)35 concentrated basically on two issues: (i) Panchayat Raj and
democracy and (ii) The politico-administrative aspects of Panchayat Raj. They
were of the view that there is a conflict between Panchayat Raj and
Parliamentary democracy. They concluded that the problem of official and
nonofficial relationship is not as baffling as it is made out to be. Lastly, they
suggested that the training and education programme for the elected
representatives is essential for their success.

32
Khanna, R.L., Panchayat Raj, Punjab and Haryana, Mohindra Capital Publishers, Chandigarh,
1966.
33
Mathur, M.V., Iqbal Narain and Sinha, V.M., Panchayat Raj in Rajasthan: A Case Study in Jaipur
District, Impact India, New Delhi, 1966.
34
Desai, A.R., Rural Sociology in India, Popular Prakashan, Bombay, 19
35
Mathur, M.V. and Iqbal, Narain, Panchayat Raj Planning and Democracy, Asia Publishing House,
London, 1969.

18

Andhra University, Visakhapatnam

6. Inamdar (1970)36 points out the gap between "the ideal" and "the real" and thus
contributed to deeper understanding of the village panchayats that have now
assumed a more significant role in laying the foundation of a socially awakened
and economically secure democracy.

7. Narain (1970)' have covered the Panchayat Raj Institutions in Madras,

Rajasthan and Maharashtra. Various functional spheres economic, social.
Political and administrative and their way of strengthening their roots in the soil
of rural India have also been discussed.

8. Bhatt (1971)37wrote that a new tendency has entered the village life after the
introduction of Panchayat Raj. The Panchayat, which really constitute the case
of the Panchayat Raj become politically more active.

9. Prasad (1971)'38studied twin process of democratization and development in

village Awa of Bihar. He concluded that while the village panchayat has
stimulated the process of political democratization, it has not accelerated the
pace of economic development in the village.

10. Maheshwari (1971)'39 describes the structure, personnel finance and functioning
of rural as well as urban and local government. He concludes that inadequate
financial resources, low pay scales, incompetent personnel and excessive
interference by the state government impending thereby, a healthy growth of
local governmental politics in the day-to-day administration, widespread
corruption, nepotism and favoritism in the local civil service are cited as one of
the major causes of ineffectiveness of local government's development.

11. Reddy (1972)''40 make an attempt to study the Panchayat elections in Andhra
Pradesh during 1970. The authors point out that the effort to bring about
compromises between contesting parties, the elections should not be avoided
because politics has stepped down to panchayats level.

36
Inamdar, N.R. (ed.), Functions of Village Panchayats, Popular Prakashan, New Delhi, 1970
37
Bhatt, K.S., Panchayat Raj Administration in Maharashtra, Popular Prakashan, Bombay, 1974.
38
Prasad, R.C., Democracy and Development: The Grassroots Experience in India, Rachana
Prakashan, New Delhi, 1971.
39
Maheswari, Shri Ram, Local Government in India, The Macmillan Co. oflndia Limited, New
Delhi, 1971
40
Reddy, G. Ram and K. Seshadri, The Voter and Panchayat Raj: A Study of Electoral Behaviour
during Panchayat Elections in Warangal District, Andhra Pradesh, National Institute of Community
Development, Hyderabad, 1972.

19

Andhra University, Visakhapatnam

12. Srinivas (1972) in his study of 'Social Change in Modem India', analyzed the
nature of the relation between such processes as Sanskritization, Westernization
and Secularization, and also emphasize the increasing dominance of
politicization in Indian, Social and Cultural life. The relationship of dominant
caste to other castes is perhaps beginning to change as also the role of the
dominant caste in local, regional and state politics. Finally, and most important
of all, are the changes which are occurring in the caste system such as to herald
a system change?

13. Tak (1973)'"41 concluded that the present set up of village panchayats under the
three-tier system of Panchayat Raj is not based on the (Lokneti-People's Policy)
and, hence, a number of new problems have merged. For making the gram raj
reality, it is essential to organize Gram Sabha in every village with sufficient
powers, resources and representation.

14. Sammiuddin (1976)''42 examines the genesis and growth of community

development programmes in their broad perspective and has highlighted three
relevancies to rural economy and democratic institutions of Panchayat Raj.

15. Sharma (1976)43 has attempted to study the reforms in Panchayat Raj in the
country since independence. The author has summed-up analytically the major
findings of the reports of the different committees, study teams, etc., having a
bearing on the problem of the democratic decentralization and Panchayat Raj
Institutions.

16. D'Lima (1983)44 in his study of women in local government shows that the
women of upper castes, wives of big land owners and politically influential
families tend to dominate the positions reserved for women in the Zila Parishads
and Panchayat Samitis in Maharashtra. Women's ability to participate actively
is influenced by her own educational level and educational status of the family.
Participation among women in Zila Parishads and Panchayat Samiti bodies in

41
Tak, B.L., Sociological Dimensions of Gram Raj, Vimal Prakashan, Ghaziabad, 197
42
Sammiuddin, Abida, A Critique of Panchayat Raj with Special Reference to Uttar Pradesh, Sahitya
Bhawan, Agra, 1976.
43
Sharma, Surjit Singh, Rural Elites in India, Sterling Publishers Pvt. Ltd., New Delhi, 1979.
44
“D'Lima, Hazal, Women in Local Government, Concept, New Delhi, 19

20

Andhra University, Visakhapatnam

 thus, seen to be considerably influenced by her achievement status, especially
in the area of education.

17. Dunn (1993)45 in „Gender Inequality in Education and Employment in the

Scheduled Castes and Tribes of India‟ focused on the status of women is more
panic than the man. Women are access with limited educational and
employment resources. Hardships associated with them are due to low income,
social limitation etc. So, special provisions of education, employment,
vocational training, loans, credit and child care are required to the Scheduled
Castes women in order to improve their social status.

18. Rao & Babu, (1994)46 in „Scheduled Caste and Scheduled Tribe, Socio-
Economic Upliftment Programs‟ highlighted the schemes of socially and
economically deprived classes implemented by Karnataka Government. Many
problems were identified and discussed while implementing up the programs
such as beneficiary misused the assistance due to small amount. While
distributing schemes, the staff should take care of their status and the purpose.

19. Trivedi (1996)47 in Scheduled Castes Quest for Land and Social Equality‟
studied about the quest of land and social equality of Scheduled Castes
population of Gujarat. He recommended that the students should be provided
with free food grains, land for cultivation, task force member in land committee,
job to change occupational patterns, training etc. He also outlines the social
background of Scheduled Castes communities.

20. Vaid (2005)48 in Class Mobility – In Indian Perspectives‟ attempted to study

the patterns of female and male intergenerational class mobility of Scheduled
Castes in India to provide change of patterns over time. The study reveals that
both men and women attained more stability than mobility. It has also observed
that study on mobility of Scheduled Castes is very rare and only few
educationists have attempted to study it.

45
Dunn, D. (1993) Gender Inequality in Education and Employment in the Scheduled Castes and
Tribes of India. Population Research and Policy Review, 12(1), 53-70,
46
Hemalatha Rao and M.Devendra Babu, Scheduled Castes and Tribes Socio-Economic Uplift
Programmes, published by Ahsish publishing House, 1994.
47
Harshad R.Trivedi, Scheduled Caste Quest for Land and Social Equality, Concept Publishing Co.
1st April, 1996.
48
Vaid, Divya. 2018. Uneven Odds: Social Mobility in Contemporary India. New Delhi: Oxford
University Press

21

Andhra University, Visakhapatnam

21. Chouhan (2012)49 in A Study on Literacy and Educational Attainment of
Scheduled Castes Population in Maldah District of West Bengal, India‟ studied
on literacy and educational attainment in Maldah district of West Bengal. He
highlighted that education has played very important role in the transformation
among the Scheduled Castes population. The Governments policy and plan have
proved fruitful to them. It has been found that the parents are more conscious
about the education and job to their children.

22. Das (2013)50 in Socio-Economic Status of Scheduled Castes in Tripura, A Case

Study of Cobbler Community‟ studied the enrollment, academic and dropout
rates of Scheduled Castes students in Higher Education of Assam. The study
highlights the enrollment of females in Arts stream in the college level is lower
than male. In the University level female’s enrollment is higher than male. But,
in science and commerce the enrolment of female is lower than male, dropout
percentage in female are higher than male.

23. Deka (2016)51 in A Study on the Educational Status of Scheduled Castes People
in Udalguri District with special reference to Rowta Development Block‟
studied on educational status of Scheduled Caste people in Udalguri district of
Rowta Block. The study reveals that education among the Scheduled Castes is
below satisfactory level due to unconsciousness of parents, lack of motivation,
shortage of finance and so on.

49
Full Length Research Paper submitted by Pradip Chouhan in Journal of Geography and Regional
Planning Vol. 6(1), pp. 19-30, February, 2013
50
Suman Das, SOCIO-ECONOMIC STATUS OF SCHEDULE CASTE IN TRIPURA- A CASE
STUDY OF COBBLER COMMUNITY, published by EPRA Internatinoal Journal of
Multidisciplinary Research Vol : 1 Issue : 1 December 2015
51
Nabanita Deka, A Study on the Educational Status of Scheduled Castes People in Udalguri District
with special reference to Rowta Development Block, published in International Research Journal of
Interdisciplinary & Multidisciplinary Studies (IRJIMS) A Peer-Reviewed Monthly Research Journal
ISSN: 2394-7969 (Online), ISSN: 2394-7950 (Print) Volume-II, Issue-VI, July 2016, Page No. 64-
69 Published by: Scholar Publications, Karimganj, Assam, India, 788711

22

Andhra University, Visakhapatnam

1.7 PLAN OF THE STUDY

For the convenience and thematic development, the present research study is
divided into seven chapters which are as follows:

Chapter-I. Introduction

Chapter-II. Social and Political Status of Women in general and Dalit (Scheduled
Caste) Women in Particular from ancient India to Modern India.

Chapter-III. Developments in Protective Discrimination and Protection of

Scheduled Caste through Reservations-A Historical perspective

Chapter-IV. Empowerment of Dalit (Scheduled Caste) Women through Panchayat

Raj System
Chapter-V. Problems in implementation of Reservations to Dalit (Scheduled
Caste) Women in Panchayat Raj- Socio Political Study

Chapter-VI. Atrocities and Attacks on Women in general and Dalit (Scheduled

Caste) Women in particular- A Pattern of impunity

Chapter-VII. Conclusion and Suggestions.

23

Andhra University, Visakhapatnam