Chapter 8 CONFRONTING MARGINALISATION

Invoking Fundamental Rights

Marginalized communities, including Dalits and Adivasis, draw upon the Fundamental Rights guaranteed by the Indian Constitution to seek justice and equality. They insist that the government uphold these rights and address historical injustices. The Constitution's guarantee of equality before the law (Article 17) and prohibition of discrimination (Article 15) empowers them to challenge unequal treatment and demand access to education, public spaces, and respect for their dignity. Minority groups also invoke cultural and educational rights to preserve their distinct identities against the dominance of the majority culture.

Laws For The Marginalised

Governments implement specific laws and policies to promote social justice and address the marginalization of disadvantaged communities. These measures aim to provide opportunities and redress historical inequities.

Promoting Social Justice

Governments provide facilities like free or subsidized hostels for Dalit and Adivasi students to improve their access to education. The reservation policy, which sets aside seats in educational institutions and government jobs for Dalits, Adivasis, and other backward castes, is a key measure. This policy aims to compensate for centuries of denied opportunities and discrimination by providing them with the means to gain skills and improve their socio-economic status.

Protecting The Rights Of Dalits And Adivasis

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, was enacted in response to demands from Dalit and tribal groups facing severe discrimination and violence. This law lists various offenses against these communities and prescribes stringent punishments. It also acknowledges the rights of tribal people to their traditional lands and resources, penalizing those who encroach upon them and requiring compensation for displaced communities. The Act aims to protect against both physical violence and economic dispossession.

The Scourge Of Manual Scavenging

Manual scavenging, the practice of removing human and animal waste from dry latrines, is primarily performed by Dalit women and girls under dehumanizing conditions, facing severe health hazards and low wages. Despite the constitutional abolition of untouchability and laws prohibiting manual scavenging (Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993), the practice persists. The Safai Karamchari Andolan filed a Public Interest Litigation (PIL) in 2003, highlighting the continued existence of manual scavenging and seeking enforcement of Fundamental Rights. The Supreme Court has directed governments to verify and implement time-bound programs for the liberation and rehabilitation of manual scavengers.

Adivasi Demands And The 1989 Act

Adivasi activists use the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to protect their rights to traditional lands and resources. They advocate for punishment of encroachers and the repossession of illegally transferred lands, as guaranteed by the Constitution. Activists also highlight the government's role in displacing Adivasis for development projects and demand adequate compensation and rehabilitation for those affected.

Conclusion

The existence of laws and policies does not automatically translate into reality. Marginalized communities must continually strive, organize, and assert their rights to ensure these provisions are implemented and respected. The desire for equality, dignity, and justice is a historical and ongoing process. Similarly, the struggle against marginalization is multifaceted, involving protests, legal action, advocating for new laws, and creative expressions like songs and poems to raise awareness and inspire change. The Indian Constitution serves as a foundational document that these movements invoke to achieve their goals.

Exercises

The chapter exercises aim to deepen understanding of marginalization, its causes, and the struggles against it. Questions require students to define marginalization, explain why Adivasis are marginalized, discuss the importance of minority safeguards, and analyze data related to the marginalization of Muslims. Students are prompted to challenge stereotypes about Adivasis, connect economic and social marginalization, and write creative pieces like poems or stories from the perspective of marginalized individuals. Activities also encourage research on contemporary issues and the role of law and activism in addressing inequality.