Contesting Caste: Institutionalized Oppression and Circumventive Legal Resistance

Abstract Across the globe, people who mobilize to protect their rights in highly oppressive contexts may have to navigate government institutions that not only fail to implement protections but also engage in discriminatory practices. This article introduces the term “circumventive legal resistance” to describe practices of making legally grounded claims but facilitating relief through processes of expression and negotiation that are distinct from explicit mechanisms of legal enforcement. Based upon a study of twenty-seven rural, semi-rural, and urban areas across the north and north-west regions of India, this article documents how Dalit women—from the most marginalized groups at the base of the caste pyramid—mobilize to protect their rights in contexts where local institutions do not enforce laws prohibiting caste discrimination and instead perpetrate caste-based forced labor practices. In particular, I focus on a campaign to end manual scavenging—a form of caste-based forced labor that is one of the worst surviving symbols of untouchability. With local channels to legal relief largely foreclosed, Dalit women who leave manual scavenging engage in circumventive legal resistance: they draw on law to make claims but win relief through avenues distinct from those envisioned within the parameters of the law.