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Chapter - 08 Civics Confronting Marginalisation: Invoking Fundamental Rights

The document discusses how marginalized groups in India such as Dalits, Adivasis, Muslims, and women invoke fundamental rights guaranteed by the constitution to confront marginalization. It outlines laws and policies enacted by the government to promote social justice and protect the rights of marginalized communities, including reservation policies, acts preventing discrimination and atrocities against Dalits and Adivasis, and laws prohibiting practices like manual scavenging. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 is specifically mentioned as an important law that Dalits and Adivasis can cite to defend their rights and land ownership.

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272 views2 pages

Chapter - 08 Civics Confronting Marginalisation: Invoking Fundamental Rights

The document discusses how marginalized groups in India such as Dalits, Adivasis, Muslims, and women invoke fundamental rights guaranteed by the constitution to confront marginalization. It outlines laws and policies enacted by the government to promote social justice and protect the rights of marginalized communities, including reservation policies, acts preventing discrimination and atrocities against Dalits and Adivasis, and laws prohibiting practices like manual scavenging. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 is specifically mentioned as an important law that Dalits and Adivasis can cite to defend their rights and land ownership.

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Chapter – 08 Civics
Confronting Marginalisation

• Invoking Fundamental Rights:


(i) The Fundamental Constitutional Rights are equally available to all Indians including
marginalized groups.
(ii) Adivasis, Dalits, Muslims, women and other marginal groups argue that simply by
being citizens of a democratic country, they possess equal rights that must be
respected.
(iii) Mnay among them look up to the Constitution to address their concerns.
(iv) By insisting on their Fundamental Rights, they have forced the government to
recognize the injustice done to them and they have insisted that the government
should enforce these laws.
(v) The struggles of the marginalized groups have influenced the government to frame
new laws, in keeping with the spirit of the Fudamental Rights.
(vi) Article 17 of the Constituion states that untouchability has been abolished.
(vii) This means that no one can henceforth prevent Dalit from educating themselves,
entering temples, using public facilities, etc.
(viii) Article 15 of the Constitution states that no citizen of India shall be discriminated
against on the basis of religion, race, caste, sex or place of birth. This has been used by
Dalits to seek equality where it has been denied to them.
• Laws for the Marginalised Goups:
(i) There are specific laws and policies for the marginalized groups in our country.
(ii) The government makes an effort to promote such policies to give opportunities to
specific groups.
(iii) The government tries to promote social justice by providing for free or subsidized
hostels for the students of Dalit and Adivasi communities.
(iv) The reservation policy is significant and highly contentious.
(v) The laws which reserve seats in education and government employment for Dalits
and Adivasis are based or an important argument that in a society like ours, where for
centuries sections of the population have been denied opportunities to learn and to
work in order to develop new skills or assist these sections.
(vi) Governments across India have their list of Scheduled Castes or Dalits, Scheduled
Tribes and backward and most backward castes. The cenral government too has its
list.
(vii) Students applying to educational institutions and those applying for posts in
government are expected to furnish proof of their caste or tribe status, in the form of
caste and tribe certificates.
• Protecting the Rights of Dalits and Adivasis:

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(i) Our country has specific laws that guard against the discrimination and exploitation of
marginalized communities.
(ii) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act was
framed in 1989 to protect Dalits and Adivasis against the domination and violence of
the powerful castes.
(iii) A number of assertive Dalit groups came into being and asserted their rights-they
refused to perform their so-called caste duties and insisted on being treated equally.
(iv) In the 1970’s and 1980’s Adivasi people successful organized themselves and
demanded equal rights and for their land resources to be returned to them.
(v) This Act distinguishes several levels of crimes.
(vi) It lists-modes of humiliation that are both physically horrific and morally
reprehensible.
(vii) Actions that disposess Dalits and Adivasis of their meagre resources or which force
them into performing slave labour.
(viii) Crime against Dalit and tribal women are of a specific kind and therefore seeks to
penalize who use force on these women.
(ix) Manual scavenging referes to the practice of removing human and animal
water/excreta using brooms, tin plates and baskets from dry latrines and carrying it
on the head to the disposal ground some distance away.
(x) In 1993, the government passed the Employment of Manual Scavengers and
Contruction of Dry Latrines (Prohibition) Act. This law prohibits the employment of
manual scavengers as well as the construction of Dry latrines.
• Adivasis Demands and the 1989 Act
(i) The 1989 Act is important because Adivasi refer to it to defend their right to occupy
land that was traditionally theirs.
(ii) Adivasis often unwilling to move from their land, are forcibly displaces.
(iii) This act merely confirms that the land belonging to the tribal people cannot be sold to
or bought by non-tribal people.

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