VIOLENCE AGAINST WOMEN | ASIA | ADVOCACY & POLICY | CULTURE
Whose Pain Matters?
Part II: Hierarchies of Caste Systems and Religion in India
WORDS BY MUDITHA RUPAVATH | M.RUPAVA@THEIWI.ORG | 24 SEPTEMBER 2024
Whose Pain Matters? Part 1: The Selective Outrage in India's Fight Against Sexual Violence
Within the context of caste hierarchies and communal fault lines in India, brutal incidents such as the Hathras and Kathua rape cases, exposed both the horrific violence inflicted upon marginalized women as well as systemic failures and institutional neglect, biases and political opportunism that further undermine the country’s quest for justice. While both cases initially sparked nationwide outrage, but as the fog of media sensationalism lifted, it became apparent how much identity – caste in Hathras, religion in Kathua – was at the very core of justice sought as well as the narratives constructed regarding the crimes perpetrated.
When the Hathras case broke in September 2020, it caused immediate collective horror to the public. A 19 year old Dalit girl gang-raped by four upper caste Thakur men was left with critical injuries . However the initial wave of outrage did not last long as suspicion and distrust emerged with regards to the handling of the case by authorities. The police cremated the victim’s body in the dead of night without her family’s consent, citing fears of public unrest. The rushed nature of this cremation, coupled with the police's earlier reluctance to file an FIR, immediately sparked accusations of a cover-up.
In the Kathua case, the public response was similarly swift, as the details of an eight-year-old girl from a nomadic Muslim community being kidnapped, sexually assaulted and murdered within a Hindu Temple in January 2018. Nevertheless, as investigations unfolded, it became apparent that local officials were complicit in attempting to cover up the crime. Some police officers were reported to have tampered with evidence whereas local politicians took part in protests calling for the release of those arrested.
However, in both cases, what started as crimes of unimaginable violence soon turned out to be cases of how caste and community affiliation shaped the institutional cover up and the protection of the perpetrators. Criminal investigations were swept up in political machinations, which was a hallmark of all cases involving marginalized victims.
In the Hathras rape case, caste identity played a pivotal role for both the authorities investigating the case and for the public with respect to how they perceived it. The victim belonged to a Dalit community which is marginalized in India, while the perpetrators belonged to the upper caste,Thakur community. This dynamic significantly influenced how the police and local authorities responded. It captured the embodiment of systemic oppression towards Dalits and Caste politics that exist inUttar Pradesh. This was evident in the slacked timelines of registering the case, the law enforcement’s refusal to let the victim’s family perform the desired post-death rituals, and the restless persecution of the victim’s relatives.
The media was also quite biased on this issue. While some outlets identified the problem of caste based oppression that surrounded the case, others tried to downplay it or approached the issue from a law and order perspective without delving into the systemic discrimination against Dalits which is pervasive. This selective coverage mirrored societal biases, where crimes against Dalits often receive less sustained outrage and attention compared to cases involving upper-caste victims .
In the case of Kathua, religion became the focal point. The victim was a young girl of the Bakherwal Muslim community while the accused were Hindus from Jammu. Instead of focusing on the brutal violence and killing of a child, it turned out to be a politically sensitive issue where supporters emerged for the accused from Hindu nationalist groups. The politicization of the case especially in relation to an already conflict susceptible region like Jammu and Kashmir, further inflamed tensions. The perpetrators were portrayed to be the victims of conspiracy against the Hindus, diverting attention away from the crime itself and towards communal lines.
In both cases, identity- caste and religion, did more than simply project a public perception, it played a role in shaping legal and administrative responses as well. The social standing of the accused shielded them, while the marginalized status of the victims made them more vulnerable to institutional neglect.
In both cases, systematic failures do not remain within the individual acts of violence, but also uncover the wider institutional rot in the system that creates injustice for the marginalized. In Hathras, the police did not bother to record the testimony of the victim seriously, delayed filing an FIR, and outrightly dismissed her claims. It wasn’t until national and international media picked up the story, along with public protests, that any meaningful action was taken. Even so, orders had been given to the police and the administration which on the Even then, the police and local administration acted in ways that seemed designed to protect the accused rather than the victim. The family faced continuous intimidation, with local authorities repeatedly attempting to discredit their version of events and accusing them of fabricating the story for political purposes.
Kathua followed a similar trajectory of intimidation and obstruction. There were local policemen who took part in the obliteration of proof and local political leaders actively supported the accused thus turning the case into a communal flashpoint. The Kathua case exposed how influential local figures, including politicians, are capable of distorting the judicial process, extending support for the accused and turning the investigation into a communal conflict instead of a straightforward pursuit of justice. These systemic failures ranging from police inaction to harassment and threats of the victims family by powerful politicians are some of the recurrent themes of the Indian judicial system, especially when the victim is from the marginalized communities. The Hathras and Kathua cases are stark reminders that the legal apparatus often operates differently for the powerful and the powerless.
Social media played a central role in both cases, albeit in contrasting ways. Social media proved to be a useful instrument in elevating Hathras issue to a national level. Trending hashtags on Twitter called for justice for the victim, and the government was forced to respond after public outrage. Unfortunately it has also transformed into a tool for spreading false information. The right wing and the political supporters of the accused started circulating that the case was fabricated or exaggerated with the intention of defaming and vilifying the Thakur community. This lessened the initial demand for justice and further polarize public opinion.
Likewise, conflicting narratives on social media also surrounded the Kathua case. While a few citizens voiced their anger over the young girl's death and called for justice, others spread communal propaganda and claimed the perpetrators were the victims of an attempt to discredit Jammu's Hindu majority. The majority of the misinformation, communal rhetoric, and political opportunism that dominated across these online channels diverted the attention from the child's horrific murder to a story of religious victimization. Instead of acting as a powerful tool to bring forth justice, social media helped widen divisions in society and divert attention from the crime itself.
The way the Hathras and Kathua victims have been treated raises a wider question about society’s perception, where women, especially belonging to the marginalized groups are perceived to be ‘less deserving’ of empathy or justice. In both instances of public outrage, the identity of the victims noticeably contributed to the level of public outrage. This selective empathy exhibits a disturbing trend, marginalized women are often viewed as expendable, their lives and dignity deemed less important than the societal and political narratives that surround their cases. The public’s response to their suffering is often tempered by biases—caste, religion, and class—that devalue their humanity.
The politicization of both the Hathras and Kathua cases was perhaps the most disheartening aspect of the pursuit of justice. In Hathras, opposition parties, particularly the Congress Party, attempted to use the case to challenge the ruling Bharatiya Janata Party (BJP) in Uttar Pradesh. Leaders like Priyanka Gandhi Vadra visited the victim’s family, while the BJP government faced accusations of protecting the upper-caste accused. However, the family’s suffering was often co-opted into political rallies, turning their tragedy into a political weapon.
In the Kathua case, political exploitation has reached dangerous levels. Local leaders of the BJP took part in the rallies on the behalf of the accused claiming that the case was an assault on the hindu society. This communal mobilization not only further delayed justice but also widened the schisms of region and religion. The political ambitions of local leaders, combined with the BJP’s national narrative of religious nationalism, meant that the victim’s suffering was subsumed by larger political battles.
In both cases, the political parties exploited and used the victims as pawns in the quest for a broader electoral and ideological agenda. The tragedy of the victims and their families was overshadowed by political opportunism, where justice was not the priority, but rather the manipulation of public sentiment for political gain.