Question

Describe the laws and policies for the marginalised

Answer 1

Answer:

Article 17 of the Constitution states that untouchability has been abolished; this means is that no one can prevent Dalits from educating themselves, entering temples, using public facilities etc. It also means that it is wrong to practice untouchability and that this practice will not be tolerated by a democratic government. In fact, untouchability is a punishable crime now.

There are other sections in the Constitution that help to strengthen the argument against untouchability. For example, Article 15 of the Constitution notes 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.

Therefore, Dalits can ‘invoke’ or ‘draw on’ a Fundamental Right (or Rights) in situations where they feel that they have been treated badly by some individual or community, or even by the government.

Laws for the Marginalised

The government makes laws to protect its citizens. There are specific laws and policies for the marginalised in our country. There are policies or schemes that emerge through other means like setting up a committee or by undertaking a survey etc. The government then makes an effort to promote such policies in order to give opportunities to specific groups.

Promoting Social Justice

As part of their effort to implement the Constitution, both state and central governments create specific schemes for implementation in tribal areas or in areas that have a high Dalit population. For example, the government provides for free or subsidized hostels for students of Dalit and Adivasi communities so that they can avail of education facilities that may not be available in their localities.

In addition to providing certain facilities, the government also operates through laws to ensure that concrete steps are taken to end inequity in the system. One such law/policy is the reservation policy that today is both significant and highly contentious.

Protecting the Rights of Dalits and Adivasis

In addition to policies our country also has specific laws that guard against the discrimination and exploitation of marginalised communities.

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

This 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 Dalits and tribal groups face in an everyday sense. While such treatment had persisted for a long time, it had acquired a violent character in the late 1970s and 1980s. During this period, in parts of southern India, 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.

The Act distinguishes several levels of crimes. Firstly, it lists modes of humiliation that are both physically horrific and morally reprehensible and seeks to punish those who

• force a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance;

• 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.

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Secondly, it lists actions that dispossess Dalits and Adivasis of their meagre resources or which force them into performing slave labour. Thus, the Act sets out to punish anyone who

• Wrongfully occupies or cultivates any land owned by, or allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred.

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. Activists have asked that those who have forcibly encroached upon tribal lands should be punished under this law. They have also pointed to the fact that this Act merely confirms what has already been promised to tribal people in the Constitution – that land belonging to tribal people cannot be sold to or bought by non-tribal people. In cases where this has happened, the Constitution guarantees the right of tribal people to re-possess their land.

Answer 2

Our society and politics are fully democratic, in line with the Indian Constitution. The democracy in our country is characterized by the list of fundamental rights enshrined in our constitution. Everyone should therefore have equal access to these rights in the country. However, the marginalized groups have drawn on these rights in primarily two ways. The first approach involves focusing on their basic rights and forcing the government to recognize the injustice done to them. Second, the government has been demanding that such laws be enforced.

Explanation:

• Untouchability is abolished under Article 17 of the Constitution – this means that no one can stop the Dalits from schooling, from entering temples, from using public facilities, etc. It also supports untouchability, which is a criminal offence. It is false. Article 15 of the Indian Constitution also states that there can not be discrimination by any Indian person on grounds of religion, ethnicity, caste, sex or place of birth.
• This allows the Dalits, in circumstances where they feel that their fundamental rights are being violated by everyone in the world, whether it be the local authorities, anyone or even the central authorities, to ' invoke ' a Fundamental Rights (or rights).
• There are many laws for the marginalized by the government. In our nation, the oppressed have different laws and policies. Some policies and regulations have been established by different ways, such as the creation of a committee or a survey.
• Both the state and central governments of India have undertaken measures to put in place specific systems for enforcing the Indian constitution in tribal regions or in areas where the Dalit population is large. Not only this, but also legislation ensures meaningful steps are taken to eliminate discrimination in the economy. One such legislation is the reservation regulation, which is both relevant and highly controversial today.
• Not only this, but also legislation ensures meaningful steps are taken to eliminate discrimination in the economy. One such legislation is the reservation regulation, which is both relevant and highly controversial today.
• In 1989, The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989, was developed in response to Dalits and others ' requests. The demand is that the government take effective steps against the harassment and humiliation faced every day by the Dalits and tribal groups.