Confronting Marginalisation Class 8 NCERT: Notes, Laws, and Solutions

How Marginalised Groups Use the Constitution

The Constitution of India is not just a theoretical book of laws; it is a powerful instrument of justice for marginalised communities. When Dalits, Adivasis, or other minority groups face discrimination, they look to the Fundamental Rights enshrined in Part III of the Constitution. Specifically, Article 17 of the Constitution abolished 'untouchability,' ensuring that Dalits can no longer be denied access to temples, public wells, or education. Another vital protection is Article 15, which states that no citizen of India shall be discriminated against on the basis of religion, race, caste, sex, or place of birth. By invoking these Fundamental Rights, marginalised individuals can pressure the government to enforce laws and seek justice through the courts. This shows that the Constitution provides a clear moral and legal framework to fight structural inequality.

How Government Policies Promote Social Justice

1. Identifying Disadvantaged Groups — The government conducts surveys and censuses to identify communities that have been historically deprived of education, resources, and social status.
2. Designing Reservation Policies — The government reserves seats in educational institutions and government jobs specifically for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
3. Creating Cut-off Marks and Subsidies — To make higher education accessible, lower cut-off marks are set for these groups, along with scholarships, free hostels, and financial aids.
4. Monitoring and Implementing Laws — Governments pass strict legislation like the SC/ST Act, 1989, to punish individuals who commit atrocities or discriminate against marginalised groups.

Key Facts About the SC/ST Act, 1989

• This Act was framed in 1989 in response to demands made by Dalits and other groups for protection against daily humiliation and physical violence.
• It distinguishes between various levels of humiliation: physical violence, psychological humiliation, and economic exploitation.
• The Act lists severe punishments for forcing SC/ST members to eat inedible substances, stripping them, or forcefully occupying their lands.
• Manual scavenging (the practice of carrying human waste) was also banned under specialized manual scavenging acts related to environmental and human rights.

Board Exam Tips: Quoting Constitutional Articles

When writing answers about Constitutional remedies, always cite the exact Article numbers: Article 15 (prohibition of discrimination) and Article 17 (abolition of untouchability). Board examiners look for these specific numbers. Also, clearly distinguish between policies (like reservations and scholarships) and laws (like the SC/ST Act of 1989) to show deep conceptual understanding.

Practice Questions with Solutions

• Q: State two ways in which Dalits can use their Fundamental Rights to fight discrimination.
  A: Step 1: Dalits can invoke Article 17, which abolishes untouchability, to legally challenge anyone who denies them access to public places like temples, wells, or schools.
  Step 2: They can point to Article 15, which prohibits discrimination based on caste, to demand equal treatment in public employment and state facilities.
  Final answer: By citing Article 17 (abolition of untouchability) and Article 15 (right to equality), Dalits can force the government to take legal action against perpetrators of discrimination.

• Q: Why was the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act passed in 1989?
  A: Step 1: During the late 1970s and 1980s, Dalit groups actively asserted their rights and refused to perform their traditional caste duties, which led to violent backlash from upper-caste groups.
  Step 2: The existing laws were insufficient to address the extreme nature of physical violence, social humiliation, and economic exploitation they faced.
  Final answer: The Act was passed in 1989 to provide a strict legal shield against severe physical and mental atrocities, and to protect the land rights of SC and ST communities.

• Q: How does the system of reservation work in educational institutions?
  A: Step 1: The government establishes a set percentage of seats specifically reserved for students belonging to Scheduled Castes, Scheduled Tribes, and OBC categories.
  Step 2: Candidates from these categories must meet minimum qualifying marks (cut-offs), which are often lower than general category marks, to ensure historically disadvantaged groups get access to higher education.
  Final answer: Reservation works by keeping a designated quota of seats open only for marginalised communities, supported by lower qualifying thresholds and scholarships.

• Q: What is manual scavenging, and what step did the government take to stop it?
  A: Step 1: Manual scavenging refers to the practice of manually cleaning, carrying, and disposing of human excreta from dry latrines or sewers, historically forced upon specific Dalit sub-castes.
  Step 2: To end this degrading practice, the government passed the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act in 1993, and updated it in 2013 with stricter penalties.
  Final answer: Manual scavenging is the hazardous manual removal of human waste; the government legally banned it through targeted central laws to protect human dignity.

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