Understanding Intersectional Violence Faced by Dalit Women in India: Are Due Diligence and Positive Obligation an Answer to the Problem?

Abstract

This article builds on the developments carried out by advocacy groups globally and highlights the tension between state sovereignty and international human rights law when it comes to individual complaints mechanisms. This inquiry is essential to provide a clearer understanding of the issues and limitations surrounding the normative understanding of violence against women in international human rights law and state responsibility for failure to prevent, protect, redress etc in an effective way. It explores the jurisprudence of the international and regional institutions on the concepts of due diligence and positive obligation to understand if they are of any significance in addressing the issue of VADW. This inquiry is essential given India’s failure of in effectively addressing the discrimination faced by lower castes, especially women, domestically.