Chapter 6: Confronting Marginalisation
Introduction:
Marginalised communities, such as Dalits, Adivasis, Muslims, and women, have historically faced discrimination, exclusion, and denial of rights. Despite these challenges, many individuals and groups have fought to overcome marginalisation by advocating for their rights. This chapter examines how marginalised groups in India confront inequality, drawing on the Constitution and laws designed to protect them, and exploring policies aimed at promoting social justice.
Invoking Fundamental Rights
Marginalised groups use Fundamental Rights in the Indian Constitution to demand equality and fair treatment.
Article 17 abolishes untouchability, ensuring Dalits have the right to access public facilities and educational institutions.
Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth, supporting the rights of Dalits and other marginalised communities to equality.
The Role of the Constitution
The Constitution serves as a foundation for democracy, emphasizing equality, dignity, and justice for all citizens.
Marginalised groups invoke these rights to challenge injustices, urging the government to uphold its responsibilities and enforce laws for protection and equality.
Laws for the Marginalised
The government enacts specific laws and policies to address the unique challenges faced by marginalised communities.
Examples include reservations in education and employment for Dalits and Adivasis, offering them access to opportunities historically denied.
Scholarships and hostels are provided for Dalit and Adivasi students to improve access to education in remote or underdeveloped areas.
Case Study: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
This Act was created to address violence, discrimination, and social injustices faced by Dalits and Adivasis.
It lists specific offenses, including humiliating or dispossessing Dalits and Adivasis, and prescribes punishments for those violating these protections.
The Act allows individuals like Rathnam to seek justice against exploitation or forced traditions, illustrating its importance in real-life scenarios.
Manual Scavenging and Legal Prohibitions
Manual scavenging involves cleaning human waste by hand, a practice often assigned to Dalit communities and banned by law.
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, seek to end this practice and rehabilitate those affected.
Adivasi Rights and Land
Adivasi activists use the 1989 Act to demand their right to traditional lands, resisting displacement by corporations and governments.
C.K. Janu and other activists argue that the Constitution supports their claim to these lands, opposing forced eviction and advocating for compensation if relocation is unavoidable.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 supports Adivasi rights to land and resources, aiming to address historical injustices.
Conclusion:
The struggle against marginalisation continues as groups confront social, economic, and political injustices. Laws like the 1989 Act and constitutional protections provide a framework for advocating equality, dignity, and rights for marginalised groups. However, achieving true equality requires continuous efforts, as social attitudes and systemic barriers often hinder progress. The commitment to constitutional values remains vital in promoting an inclusive and just society.
Recap:
Marginalisation: Exclusion of communities like Dalits, Adivasis, Muslims, and women from mainstream society.
Fundamental Rights: Used by marginalised groups to demand justice and fair treatment.
1989 Act: Protects against violence and exploitation of Dalits and Adivasis.
Manual Scavenging: Banned by law, with efforts to rehabilitate affected communities.
Adivasi Land Rights: Laws support Adivasis’ claims to ancestral lands and oppose forced displacement.
Ongoing Efforts: Addressing marginalisation requires ongoing advocacy, legal protections, and societal change to uphold equality and justice.
