CIVICS

Chapter 8: Confronting Marginalisation

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Confronting
Marginalisation
Invoking Fundamental Rights

The Constitution of India has given fundamental rights to each citizen of the country
irrespective of religion, caste, creed, sect and gender. Some of these rights are
• Article 15 of the Constitution lays down that no discrimination can be made among people
on the basis of their religion, caste, sect, creed or place of birth. Thus, no one can
discriminate against the Dalits in India.
• Article 17 has abolished untouchability in the country. No one can prevent a person of a
low caste from using public toilets, wells or washing ghats.
• Our Constitution has provided cultural and educational rights to the people. People
belonging to the minority communities such as Muslims, Christians or Parsis may set up
educational or cultural institutions of their own whereby they can preserve their own
culture.

These rights protect minority communities from the domination of the majority community.
The minority communities may use these rights to force the Government to recognise the
injustices done to them. These rights can also be used by minority communities to frame laws
for their protection.

Laws for the Marginalized

To uphold the spirit of the Constitution, the Central and State Governments have initiated
schemes to improve socioeconomic and educational standards of the marginalised
communities. These are
• The Government provides subsidised or free accommodation facilities for students of
backward castes and tribes in hostels.
• The Government has passed a reservation policy which reserves seats in government
educational institutions and government jobs for people belonging to the SCs and the STs.
Such students have to furnish proof of their caste or tribal status while applying for jobs in
government-controlled institutions.
• While applying for admissions to government colleges, the Government has set ‘cut-off’
marks for students of backward castes and tribes. Scholarships are also given to such
students.

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Laws For Marginalised Groups

1. Certain laws and policies are made to protect the interest of the marginalised groups in our
country. An account of it is given below—

a. The state government and the central government have made different schemes for the
Adivasi communities and Dalit populations. For example, the government provides free
hostels and education for Dalit and Adivasi students that may not be available in their
localities.

b. The government made various laws to end inequality among the communities. One
such instance is reservation policies that are very significant nowadays.

c. Reservation laws are based on education and employment for Adivasis and Dalits to
give them equal opportunities to live in society, develop new ideas and skills. The
reservation is not only provided to the Dalits and Adivasis but also is applicable for
other marginalised communities and economically backward people. For instance,
during admission to colleges or other institutes of professional education, the ‘cut-off’
marks for the marginalised communities are lower and there are some seats reserved
exclusively for them. These students also attain special scholarships from the
government.

Protecting The Rights of Adivasis And Dalits

Other than policies, our country provides specific laws against the exploitation and discrimination of
the marginalised communities.

• Our country has specific laws that guard against the discrimination and exploitation of
marginalized communities.
• 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.
• 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.
• In the 1970’s and 1980’s, Adivasi people successfully organised themselves and demanded
equal rights and for their land resources to be returned to them.
• This Act distinguishes several levels of crimes.
• It lists-modes of humiliation that are both physically horrific and morally reprehensible.
• Actions that disposes Dalits and Adivasis of their meagre resources or which force them into
performing slave labour.
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• Crime against Dalit and tribal women are of a specific kind and therefore seeks to penalise
who use force on these women.
• Manual scavenging refers 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.
• 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.
• We still notice instances of atrocities against Dalits, minorities and lower section of society.
this situation really needs to be taken care of by implementing the laws made by government.
• The recent deaths of sewage workers put a horrific picture in front of administration and
make us to think that in this advanced era of technology we have to depend on manual
scavenging.

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

• This Act was formulated in order to push for the equal status of the Dalits and punish those
people who ill treated and humiliated them.
• During the 1970s and the 1980s, many Dalit groups began to oppose oppressive rituals and
practices and demanded that they be treated equally.
• In response to these demands, the powerful castes began to attack the Dalits. The latter
thus demanded new laws which could protect them and inflict severe punishment on
those who unleashed violence against them.
• Similarly, the Adivasis demanded equal rights and demanded that their land and resources
be returned to them. Because of this demand, they were also threatened by the powerful
sections of society.
• Thus, the Scheduled Castes and the Scheduled Tribes Act was passed in 1989. Some
features of the Act were

Conclusion

A law or a policy is just done on paper. But people must make an effort to turn these paper works
into reality. For this, they should continuously work on these principles that guide citizens' and
leaders' actions. The need for equal respect and dignity is for everyone, - the majority classes, the
minorities, and the tribal people

Importance of the Act for the Adivasis

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This Act was also passed to safeguard the interests of the Adivasis. The Act strengthened the
Adivasi belief and the Constitution that Adivasi land belongs to them, and they cannot be
evacuated from it forcefully.
It had been pointed out by various activists that State Governments allow Adivasi land to be

forcefully taken by non-tribal encroachers. The latter not only take their land away but also
exploit them and evict them from their homes.
It is important that the Government chalks out plans to provide adequate compensation to
the tribals in lieu of their land. Employment opportunities should be provided to them and
they should also be rehabilitated.

Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

• Manual scavenging refers to the practice of removing human or animal wastes by broom
or by hands and carrying it on the head to the disposal grounds. A person who does this
work is known as a manual scavenger.
• Manual scavengers are exposed to hazardous diseases. They are regularly exposed to
infections related to the ears, eyes, skin, and respiratory and gastrointestinal systems.
Their wages are extremely low compared to the work they perform.
• The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act
was passed in 1993. This law prohibits employment of manual scavengers and the
construction of dry latrines.
• A PIL was filed in 2005 stating that despite the Act, manual scavenging still existed,
especially in government undertakings such as the railways.

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Important Questions
Multiple Choice Questions-
Question 1. Which term is meant ‘broken’ and is used deliberately and actively by groups to
highlight the centuries of discrimination they have experienced within the caste system?
(a) Ostracise
(b) Dalit
(c) Assertive
(d) Confront
Question 2. Who, being an Adivasis, activist, has also pointed out that one of the violators of
Constitutional rights guaranteed to tribal people are governments in the various States of
India?
(a) C.K. Janu
(b) Rathnam
(c) Kabir
(d) Soyrabai
Question 3. In which year did the government passed the Employment of Manual Scavengers
and Construction of Dry Latrines (Prohibition) Act.
(a) In 1991
(b) In 1992
(c) In 1993
(d) In 1990
Question 4. When was the Act framed 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 everyday life?
(a) In 1989
(b) In 1970
(c) In 1980
(d) In 2003
Question 5. Which article of the Indian Constitution States that untouchability has been
abolished.
(a) Art 18
(b) Art 19

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(c) Art 16
(d) Art 17
Question 6. What do you mean by Ostracise?
(a) Banish Individual or group
(b) Banish Caste
(c) Banish religion
(d) None of these
Question 7. What is meant by the term ‘Assertive’?
(a) Those never express themselves
(b) Those oppose every concept
(c) Those express themselves strongly
(d) None of these
Question 8. What was abolished according to Article 17 of the Constitution states?
(a) Trafficking
(b) Beggar
(c) Untouchability
(d) Employment of children below ten years of age.
Question 9. Reservations play an important role in providing social justice to:
(a) Adivasis
(b) Dalits
(c) Muslims
(d) Both a and b
Question 10. What are the names of manual scavengers in different parts of the India?
(a) Bhangis in Gujarat
(b) Pakhis in Andhra Pradesh
(c) Sikkaliars in Tamil Nadu.
(d) All of these
Question 11. According to which Article of the Indian Constitution states the abolished of the
Untouchability?
(a) Article 20
(b) Article 25

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(c) Article 18
(d) Article 21
Question 12. Who was an Adivasi activist has pointed encroachers of Timber merchants and
Paper mill owners?
(a) C K Janu
(b) Chokhamela
(c) kabir
(d) None of these
Question 13. Who was the religious minorities in India?
(a) Sikh
(b) Muslim
(c) Jain
(d) All of these
Question 14. who was the wife of Bhakti poet Chokhamela?
(a) Soyra bai
(b) Chandra
(c) Knata bai
(d) None of these
Question 15. What are the fundamental rights in the constitution that are treated with dignity
and equality?
(a) Right to Equality
(b) Right to freedom
(c) Both a and b
(d) None of these
Very Short:
1. Who was Soyrabai?
2. Name two distinct cultural and religious groups in the country.
3. How does our Constitution ensure cultural justice to minority groups?
4. What is government’s reservation policy?
5. For admission to colleges, especially to institutes of professional education,
governments define a set of ‘cut-off’ marks. What does this mean?
6. Why is Kabir’s poetry sung and appreciated by Dalits and marginalised groups even
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today?
7. Who was Rathnam?
8. Which ritual did he refuse to perform?
9. What shocked the powerful castes?
10. Why did Rathnam file a complaint under the Scheduled Tribes (Prevention of
Atrocities) Act?
Short Questions:
1. What are the ways in which marginalized communities tried to overcome the
discriminations they faced?
2. What did the marginal groups rely on to protect themselves from continued
exploitation by other groups?
3. What are the seven rights stated in the Indian constitution?
4. What is ‘untouchability’, and who were called ‘untouchables?
5. Mention 4 untouchable practices
6. What is the ‘Reservation Policy’?
7. What is the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) ?
Long Questions:
1. What does government do to promote social justice among Dalits and Adivasis?
2. How does government’s reservation policy work?
3. How did Kabir look at the division in society in India?
4. What happened in parts of southern India into 1970s and 1980s? Or What did Dalit
groups do in 1970s and 1980s to assert their rights?
5. Who in C.K. Janu? According to her how do governments violate the rights of tribal
people?

Answer Key:
MCQ:
1. (b) Dalit
2. (a) C.K. Janu
3. (c) In 1993
4. (a) In 1989
5. (d) Art 17
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6. (a) Banish Individual or group

7. (c) Those express themselves strongly
8. (c) Untouchability
9. (d) Both a and b
10.(d) All of these
11.(d) Article 21
12.(a) C K Janu
13.(d) All of these
14.(a) Soyra bai
15.(c) Both a and b

Very Short Answer:

1. She belonged to the Mahar caste.
2. Muslims and Parsis.
3. Our Constitution ensures cultural justice to minority groups by granting them Cultural and
Educational Rights.
4. Government’s reservation policy reserves seats in education and government employment
for Dalits and Adivasis.
5. This means that not all Dalit and tribal candidates can qualify for admission, but only those
who have done well and secured marks above the cut-off point.
6. It is because Kabir’s poetry brings out the powerful idea of the equality of all human beings
and their labour.
7. Rathnam was a twenty years old engineering student. He belonged to a Dalit Family.
8. He refused the ritual of washing the feet of priests with and then bathing in that water.
9. A Dalit young boy like Rathnam dared to refuse to perform the age-old ritual.
10. He filed a complaint under this Act to protest against the domination and violence of the
powerful caste in his village.

Short Answer:
Ans: 1. The marginalized communities tried many ways to overcome the discrimination they faced.
They are:
• Religious solace
• Armed struggle
• Self improvement
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• Education
• Economic progress.
Ans: 2. Marginal groups relied on the Constitution of India and the Judiciary System to protect
them from continued exploitation by other groups.
Ans: 3. The seven fundamental rights are:
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitutional remedies
7. Right to Life and personal liberty.
Ans: 4. Untouchability is the individual discrimination against certain classes of persons.
Dalits are sometimes called Untouchables. Untouchables are regarded as ‘low caste’ and have
been marginalized for centuries.
Ans: 5. Some untouchable practices are :-
(i) Segregation in seating and food arrangements in village functions and festivals
(ii) Prohibited from entering into village temples
(iii) Separate burial grounds
(iv) No access to village’s wells and ponds.
Ans: 6. Reservation Policy confirms that a percentage of seats are reserved in the public
sector units, union and state civil services, union and state government departments and in all
public and private educational institutions, except in the religious/ linguistic minority
educational institutions, for the socially and educationally backward classes of citizens or the
Scheduled Castes and Tribes who were inadequately represented in these services and
institutions.
Ans: 7. The central government passed the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006. The Act states that the injustice meted out
to the Adivasis must be undone. This Act recognises their right to their homestead, cultivable
and grazing land and to non-timber forest produce. It points out that the rights of forest
dwellers include conservation of forests and bio-diversity.

Long Answer:
Ans: 1. :(a)Both state and central governments create specific schemes for implementation in
tribal areas or in areas that have a high Dalit population. For instance, the government
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provides for free or subsidised hostels for students of Dalit and Adivasi communities so
that they can avail of education facilities that are not be available in their localities.
(b) Government’s reservation policy is a very significant way to promote social justice among
Dalits and Adivasis. Under this policy seats are reserved in education and government’s
employment for them.
Ans: 2. Governments across the country have their own list of Scheduled Castes and
Scheduled Tribes and backward and most backward castes. The central government too
has its list. Students applying to educational institutions and those applying for posts in
government are expected to furnish proof of their caste and tribe certificates. 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.
Ans: 3. Kabir strongly criticised caste system in his poetry. He attacked those who attempted
to define individuals on the basis of their religious and caste identities. In his view every
person had the ability to reach the highest level of spiritual salvation and deep knowledge
within themselves through their own experience. His poetry brings out the powerful idea
of the equality of all human beings and their labour. He writes about valuing the work of
the ordinary potter, the weaver and the woman carrying the water pot–labour that in his
poetry becomes the basis of understanding the entire universe.
Ans: 4. During 1970s and 1980s, in parts of southern India, several strong Dalit groups came
into being and asserted their rights. They refused to perform their so-called caste duties
and insisted on being treated equally. They refused to follow practices which were based
on humiliation and exploitation of Dalits. The powerful castes reacted violently against
them. In order to indicate the government that untouchability was still being practised,
Dalit groups demanded new laws that would list the various sorts of violence against Dalits
and prescribe strict punishment for those who indulge in them.
Ans: 5. C.K. Janu is an Adivasi activist. According to the real violators of the rights of tribal
people are governments in the various states of India. It is they who allow non-tribal
encroachers in the form of timber merchants, paper mills etc., to exploit tribal land. They
forcibly evict tribal people from their traditional homelands i.e., forests in the process of
declaring forests as reserved or as sanctuaries. She has pointed out that in cases where
tribals have already been evicted and cannot go back to their lands, they must be
compensated.

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