Civics Ch- 8 Confronting Marginalisation

 

Ch- 8

Confronting Marginalisation

Constitutional provisions

v Fundamental Rights that are an important part of the Constitution. These Constitutional Rights are equally available to all Indians including marginalized groups.

v Article 17of the Constitution states that untouchability has been abolished. No one can prevent Dalits from educating , worshipping and using public facilities .

v iii) In the case of cultural and educational rights, distinct cultural and religious groups like the Muslims and Parsis have the right to preserve their culture, as well as the right to make their own decisions.

v 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.  

Protecting the Rights of Dalits and Adivasis

v Our country has specific laws  against the discrimination and exploitation of marginalized communities.

v 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. This Act distinguishes several levels of crimes.

v 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.

v The government tries to promote social justice by providing for free or subsidized hostels for the students of Dalit and Adivasi communities. 

v (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.  

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

v *The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, was framed in response to demands made by Dalits and other tribal groups.

v *It lists-modes of humiliation that are both physically horrific and morally reprehensible. 

Crimes listed in the Prevention of Atrocities Act 1989

v *The Prevention of Atrocities Act 1989 lists several levels of crimes. Some of them are
I. It lists modes of humiliation that are both physically horrific and  morally reprehensible and seeks to punish those who-
(i) Force a member of a Scheduled Caste or a Scheduled Tribe to  drink or eat any inedible or obnoxious substance
(ii) Forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him or her naked or with painted face or body or commits any similar act which is derogatory to human dignity.
II. Secondly, it lists  actions that  dispossess Dalits and Adivasis of their meagre resources or which force them into performing slave labour.

v III. The Act recognizes that  crimes against Dalit and tribal women are of a specific kind and, therefore, seeks to penalise anyone who assaults or uses force on any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour her.

Reservation Policy

v 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.

v If a particular Dalit caste or a certain tribe is on the government list, then a candidate from that caste or tribe can avail of the benefit of reservation.

v This is done to increase their representation in various institutions. Reservation promotes social justice and equality in society.

Manual scavenging

v *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.

v *A manual scavenger is the person who does the job of carrying this filth. This job is mainly done by Dalit women and young girls.

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v *Manual scavengers are exposed to subhuman conditions of work and face serious health hazards. They are constantly exposed to infections that affect their eyes, skin, respiratory and gastro-intestinal systems. They get very low wages for the work they perform.

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v *In 1993 , the government passed the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act. This law prohibits the employment of manual scavengers as well as the construction of dry latrines. In 2003.

 

Recognition of Forest Rights Act, 2006**