DALIT WOMEN LAND RIGHTS: A STRUGGLE FOR SURVIVAL, DIGNITY AND EQUALITYAsia-Pacific Regional Consultation of United Nations Development Programme (UNDP)- 9th & 10th June 2014

SITUATION OVERVIEW OF KEY ISSUE Land and Education is a key factor denied to Dalits

historically – Hindu Social Order – de-facto prohibition. Increasingly reported caste highrarchy & discrimination

in other religions, particularly south asia. Affirmative action under Constitution- Education and

Employment hardly reach the rural poor dalits. 260 million dalits live in most underdeveloped

regions(mostly south asia), particularly living in constant fear of cultural ostracisation by the dominant caste.

Not much control over agricultural land- as land has become the property save of land lords.

State owned land are mostly –barren lands ,waste lands. less than 10% dalit households have safe housing,

drinking water, electricity, toilets, etc.

AND/OR ACTORS AND LINKAGES WITH Land Reform Policies failed to reach SC/STs due to

manipulation/corruption and state neglect. Land forcefully taken away/encroached by dominant caste-Constant threat

of eviction, distortion, denial of rights. Assignment is on paper, no physical possession done Land under possession, but cultivation not done due to threat by dominant

caste men Land given in the name of dalits mortgaged or sold(illegally) for very

meager amount Assignee is not aware or expire or his/her family members unaware of land

assignment – only on record Multiple claims on assigned land from a same village- by dominant caste

groups cultivate on assigned lands for years- keeping a dalit as benamy.

In many of the states, the functioning of land reforms departments and land assignment schemes is almost dysfunctional

91 per cent of the dalit households in the rural areas are either landless or operate what are termed ‘sub-marginal’ or ‘marginal’ holdings – mostly without legal ownership.

WOMEN’S ACCESS TO JUSTICE AND LAND AND PROPERTY RIGHTS- Unequal status of resource sharing continues- historical deprivation- The rate of unemployment quite high. About 90% of women working in

unorganized sector are mainly from lower castes.- Real life struggle of dalit women- exploitation of labor/sexuality/neglect

& abuse faced in hands of other community women and men.- Extreme threat of violence, abuse and subjugation reported –

particularly in public places.- Dalit women are the targets of violence in order to silence their

community.- Dalit land acquisition and ownership threatens the unequal social

arrangments, land disputes results in violence- Absolute landlessness is the predominant issue for most of dalit women

while few are struggling to get legal title for the piece of land they cultivate

Few Women do cultivation on government land but no secure rights or title Dalit families.

Inheritance rights of girls is respected in dalit families compared to non-dalit families . (Landesa Study- 33% among dalit women compared to 15% overall hindu women)

CHALLENGES No clear Land Reform Policy in place to rectify the historical

deprivation of land rights of dalit women. Legal Provisions favoring Landed Communities

Land is a Subject of State Governments Right to Property is not a fundamental right, but it’s a constitutional

right. no person shall be deprived of his property save by authority of law".

(art 300A) Thus if a legislature makes a law depriving a person of his property,

there would be no obligation on the part of the State to pay anything as compensation. (however, a central new law guarantee compensation)

If the government appears to have acted unfairly, the action can be challenged in a court of law by citizens.

Existing village set up is not dalit friendly and women friendly. For example dalits are the most deprived on cultivable land access and have no access common property resources, which are situated in the dominate caste villages.

Land assignments to dalit families are temporary and for a fixed period.

CHALLENGES dominant caste group act as a the direct enemy of dalit women.

Family/community is the only institution available for protection. Bureacracy/Police inaction towards dalit women’s issues and

favouring influential caste/class groups. no proactive engagement by the district administrartion in the

cases of abuse/atrocity against dalit women, despite whose cases are reported.

public place/institution like ration shop, drinking water tap, temple, markets, schools are the place where dalit women, girls humiliated, raped, assualted and murdered.

intervention of SC/ST Commission, Women's Commission and support of Human Rights organisations helps to get some minimum compensation, but not justice.

Patriarchal attitude within the society/community. Inactive state in addressing the rights of dalit women on land

rights Lack of policies/programmes guaranteeing dalit women right to

land.

LESSONS LEARNED (WHAT WOULD BE ENRICHING FOR ACTORS SUCH AS THE UN, GOVERNMENTS, JUSTICE SYSTEMS, CIVIL SOCIETY, RESEARCHERS/ACADEMIA, ETC.)

Exploration of caste based patriarchy and its rule through the systems of state, religion, and traditions perpetuate the conditions of dalit women.

In many cases women of other castes plays the role of perpetrator/exploiter.

Dimensions of land rights - Inheritance rights of women in landed communities are different from rights of dalit women in the situation of Landlessness/marginal holding of the family.

Land Reform Policy yet to focus on Land Rights of Dalit Women particularly on Access, Control, Ownership Rights.

Comparative analysis on Quality of Land owned by Dalits/Dalit Women and its linkage with their poverty conditions & livelihood. (more than 70% depend on agriculture)

Usage & enforcement of Protective Legislations in favor of SC/STs. Monitoring through International Covenant on Economic, Social

and Cultural Rights(ICESCR), the Convention on Elimination of Discrimination against Women (CEDAW) and International Convention on the Elimination of All Forms of Racial Discrimination – concluding observation, India 2007, UN Special procedures on Caste Discrimination (2005-2013)

DOMESTIC LEGAL PROVISIONS TO BACK-UP

Constitutional protection-abolision of untouchability(but not caste system), protection and welfare of women/weaker sections/children

Land Assignment and Prevention of Alienation laws of the States

Affirmative action Reservation policies-

employment/education/PRIs/Assemblies/parliament Economic development programmes- like Special

Component Plan, NREGA Education scholarships

Protective legislations like PCR Act, SC/ST (POA) Act, Domestic Violence(P) Act, etc.

National Commission for Women, National Commission for SC/ST

SOLUTIONS AND OPPORTUNITIES (LEGAL, POLICY, RESEARCH, PROGRAMMES, ETC.)

Advocacy for Land Assignement Policy for Dalit Women in all States and evolving exclusive policy on dalit women land rights with protective and supportive measures.

Government and land rights forums should take efforts to promote collective farming by the dalit women marginal farmers with support to irrigation, agricultural inputs.

educate and empower the Dalit women on different policies of government towards farmers and they should be oriented to fight for their rights as a farmer and promote food security.

Specific studies and researches at the academic level in universities and research institutions to be encouraged to bring out the empowerment process of dalit women through access and control over land and realisation of rights.

Continuous education and legal literacy for the dalit women is a pre-condition for effective implementation of economic programmes and social justice.

SOLUTIONS AND OPPORTUNITIES… Review of special component plan and gender budget for

dalit women Disaggregated data on dalit women land access, control

and ownership. Research on quality of land access to dalit women and her

family. National Commission for SC/ST & Commissions for Women

be given more powers to directly engage with dalit women Land Rights issues.

Ensure land rights and support structure for dalit women in all villages – special legislation similar to Forest Dwellers Act.

Village Support System for collective farming by dalit women to be initiated

Introduce Abolition of ‘Caste Highrarchy’ in Constitutions- arrest impunity.

RECOMMENDATIONS AND PRIORITIES TO UNDP (ON FRAMEWORK AND FUTURE PROGRAMMING) Education and Training

Legal literacy and awareness Socio-cultural empowerment programmes- in communities, schools, colleges,

public places

Research and Documentation Critical review of national statistics like NSS, agricultural data and census data to

bring out the gaps in information and inferences. Exploration studies on the impact of landlessness among dalit women in rural

areas for livelihood Creating empirical evidence on dalit women empowerment through land rights. Study on land disputes of dalit women/assigned lands of dalits (Depressed

Classes Land)

Advocacy and Lobbying through networking Building dalit women leadership Sensitizing governments for abolishing caste highrarchy and impunity

perpetrating dalit women dignity and land rights. Engaging with government agency to evolve policy and implement land rights

legislations through negotiation and lobbying. Enable dalit Women leaders engage in policy advocacy, mass campaigns for land

rights.