Chapter 6: Confronting Marginalisation
Invoking Fundamental Rights
The Constitution lays down the principles that make our society and polity democratic. These principles are defined through a list of Fundamental Rights. These rights are available to all Indians equally. Marginalised groups have drawn on these rights in two ways:
- By insisting on their Fundamental Rights, they have forced the government to recognise the injustice done to them.
- They have insisted that the government enforce these laws.
Article 17 of the Constitution states that untouchability has been abolished. 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. These rights to equality and against discrimination are crucial for marginalised communities.
Laws for the Marginalised
The government does not only rely on Fundamental Rights to protect marginalised groups. It also creates specific laws and policies to promote social justice.
The Reservation Policy
Governments across India have lists of Scheduled Castes (SCs or Dalits), Scheduled Tribes (STs), and Other Backward Classes (OBCs). Seats are reserved for these groups in educational institutions and in government employment. This policy is a way of correcting historical injustices and providing opportunities to communities that have been denied access to education and employment for centuries.
Protecting the Rights of Dalits and Adivasis
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
This comprehensive Act was framed in 1989 in response to demands made by Dalits and others that the government must take seriously the ill-treatment and humiliation these groups face. The Act is very broad and lists several levels of crimes:
- It lists modes of humiliation that are both physically horrific and morally reprehensible (e.g., forcing someone to eat or drink an inedible substance).
- It lists actions that dispossess Dalits and Adivasis of their meagre resources or which force them into performing slave labour.
- It lists specific crimes against Dalit and tribal women, recognizing their unique vulnerability.
Adivasi Demands and the 1989 Act
The 1989 Act is important for another reason – Adivasi activists refer to it to defend their right to occupy land that was traditionally theirs. Adivasis are often unwilling to move from their land and are forcibly displaced. The Act confirms what has already been promised to tribal people in the Constitution – that their land cannot be sold to or bought by non-tribal people. The violation of this has serious consequences.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is another critical law that recognizes the rights of forest-dwelling tribal communities to their ancestral lands and resources.
Exercise Questions and Answers
1. List two Fundamental Rights in the Constitution that Dalits can draw upon to insist that they be treated with dignity and as equals.
Dalits can draw upon the following two Fundamental Rights:
1. Right to Equality (Article 15): This right prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It ensures access to public places and insists on equal treatment.
2. Abolition of Untouchability (Article 17): This article explicitly abolishes "Untouchability" in any form, making its practice a punishable offense. This directly addresses the historical injustice faced by Dalits and legally protects their dignity.
2. Re-read the policies on reservation. Why do you think reservation plays an important role in providing social justice to Dalits and Adivasis?
Reservation plays an important role because it is a corrective measure for centuries of discrimination that denied Dalits and Adivasis access to education, resources, and employment. By reserving seats in educational institutions and government jobs, the policy provides a concrete opportunity for members of these communities to gain skills, secure stable employment, and improve their socio-economic status. This is a crucial step towards creating a more equal society and ensuring that past injustices are not allowed to perpetuate disadvantage in the present.
3. In this Unit, you have read that individuals and groups can express their opinions, their anger, or their sorrow in different ways. The poem and the song in this unit are two ways of doing this. Do the following in class:
(a) Bring a poem to class that discusses a social issue.
(b) Identify a marginalised community in your locality. Write a poem or song, or draw a poster etc to express your feelings as a member of this community.
This question requires a creative and personal response. Here is a sample approach:
(a) Poem on a social issue: One could bring a poem like "Where the Mind is Without Fear" by Rabindranath Tagore, which discusses the social issue of freedom, reason, and the barriers of narrow domestic walls (like caste and creed).
(b) Expressing feelings of a marginalised community: If one identifies a community of migrant construction workers in their locality, they could write a short poem expressing their feelings of invisibility and hardship. For example:
We build your towers, tall and grand,
With calloused palm and tired hand.
A city of dreams, for you we raise,
Lost in the crowd, through all our days.
Our children play in dust and grime,
Forgotten faces, lost in time.
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