Vulnerable Sections Article 15(4), Article 16(4), Article 16 (4A), Article

Groups that experience a higher risk of poverty 16 (4B)

and social exclusion than the general population. Article 46 (the states to promote with care the
educational and economic interests of the weaker
They include: sections, especially SC and STs)
 Elderly Article 330/332 (Allows reservation of seats for
 Differently Abled Persons SC/ST in the parliament as well as in state
 at-risk children esp. Orphans and Street legislatures)
Children and youth Article 338/338A/339 (Establishes a National
 Schedule Caste/ Schedule Tribe/ Commission of SCs and STs
 ex-combatants, internally displaced people Article 339 (allows the central govt. to direct
 returning refugees states to implement and execute plans for the
 HIV/AIDS affected individuals and households betterment of SC/STs)
 religious and ethnic minorities Article 340 (Allows the President to appoint a
 Women commission to investigate the condition of socially
 Sexual Minorities and economically backward classes and table the
report in the parliament).
Vulnerability is both individual and group
phenomena. Thus, a social component is usually Other measures:
involved. This is particularly true in the case of  Ministry of Social Justice and Empowerment.
India where inequality and exclusion are facts of  National Commission for Scheduled Castes
life. Thus, some people not only have a greater  National Commission for Safai Karmacharis
share of valued resources – money, property,  Protection of Civil Rights Act, 1955 &
education, health, and power – than others, but Scheduled Castes and Scheduled Tribes
social identities play a dominant role in acquiring (Prevention of Atrocities) Act, 1989
these resources.  Committee to review implementation of PCR
and POA Acts
This can be more easily understood if we divide  Educational Development – Scholarships at
these social resources into three forms of capital- various levels.
economic capital in the form of material assets  Economic Empowerment – special assistance
and income; cultural capital such as educational
qualifications and status; and social capital in the Schedule Tribe:
form of networks of contacts and social Tribes or Adivasis in India have generally been
associations. defined in terms of what they were not. Tribes
were defined as communities that did not practice
The Indian state has had special programmes for a religion with a written text; did not have a state
the Scheduled Tribes and Scheduled Castes since or political form of the normal kind; did not have
even before Independence. The ‘Schedules’ listing sharp class divisions; and, most important, did not
the castes and tribes recognised as deserving of have caste and were neither Hindus nor peasants.
special treatment because of the massive Like the Dalits, Tribes as social groups were
discrimination practiced against them were drawn recognized by the Indian Constitution as specially
up in 1935, by the British Indian government. marked by poverty, powerlessness and social
stigma.
Schedule Caste: The independence of India in 1947 should have
The Constitution includes the following provisions made life easier for adivasis but this was not the
for the Scheduled castes: case. Firstly, the government monopoly over
forests continued. If anything, the exploitation of
forests accelerated. Secondly, the policy of

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 capital-intensive industrialization adopted by the Councils are empowered to make rules with
Indian government required mineral resources the approval of the Governor with regard to
and power-generation capacities which were matters like establishment, construction or
concentrated in Adivasi areas. management of primary schools,
Refer the Constitutional provisions mentioned dispensaries, markets, cattle ponds, ferries,
above for Scheduled castes. Apart from them, fisheries, roads, road transport and
certain other articles deal exclusively with waterways in the district.
problems faced by STs. They are as follows:  Tribal Sub-Plan (TSP) – launched at the
 Article 19(5): It allows the state to impose beginning of 5th Five Year Plan. This special
restriction on freedom of movement or of strategy was expected to ensure that all the
residence in the benefit of Scheduled Tribes. general development sectors earmark funds
 Article 164: Appoint special minister for tribal for STs in proportion to their population so
welfare in the states of MP, Bihar, and that adequate benefits from all the
Odisha. concerned sectors flow to this disadvantaged
 Article 275: Allows special grant in aids to group.
states for tribal welfare.  National Scheduled Tribes Finance and
 Article 366 (25) defined them as “such tribes Development Corporation.
or tribal communities as are deemed under  Forest Rights Act- Rights under FRA - Title
Article 342 to be Scheduled Tribes for the Rights; Forest management rights; Use rights;
purpose of this Constitution.” Rehabilitation; Development Rights;
 The Fifth Schedule under Article 244(1) of  In 1973, the Dhebar Commission created
Constitution defines ‘‘Scheduled Areas" as Primitive Tribal Groups (PTGs) as a separate
such areas as the President may by Order category, who are less developed among the
declare to be Scheduled Areas after tribal groups. They were later renamed as
consultation with the Governor of the State. PVTG.
 Tribes Advisory Council (TAC) shall be
established in States having Scheduled Areas.
The role of TAC is to advise the State Schemes:
Government on matters pertaining to the  Vanjeevan will be a programme to identify
welfare and advancement of the Scheduled the problems in livelihood issues in select
Tribes in the State as may be referred to it by districts of six states having low HDI of tribal
the Governor. people in the first phase. The programme will
 The Sixth Schedule under Article 244 (2) of focus on the identification of local resources,
the Constitution relates to those areas in the keeping in view the existing skill level. It has
States of Assam, Meghalaya, Tripura and been launched by MoTA in collaboration with
Mizoram which are declared as ‘‘Tribal UNDP and National Scheduled Tribe Finances
Areas" and provides for District Councils and development Corporation (NSTFDC).
and/or Regional Councils for such Areas.  Vanbandhu Kalyan Yojana
These Councils have been conferred with It aims at creating enabling environment for
wide ranging legislative, judicial and need based and outcome oriented holistic
executive powers. The administration of development of the tribal people
Autonomous Districts and Autonomous  Radio Bultoo
Regions is done through District Councils/ Use of the Internet and Bluetooth technology
Regional Councils. These Councils are elected to save local dying dialects in some tribal
bodies and have powers of legislation, areas, to share information and improve
administration of justice apart from governance in some tribal areas.
executive, developmental and financial  Tribes India products to be sold on Amazon -
responsibilities. The District or Regional to popularise the ‘Tribes India’ brand in

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 national and international markets, Trifed Schemes:
has signed MoU with Amazon.  Jiyo Parsi
 Progress Panchayat - a campaign to reach out
Maharashtra’s Law on Social Boycott to the minorities, particularly Muslims, to
The Maharashtra Prohibition of People from create awareness in these communities
Social Boycott (Prevention, Prohibition and about the government’s policies and
Redressal) Act, 2016 disallows social boycott in programmes and remove “fears and
the name of caste, community, religion, rituals or misconceptions” about the government
customs. The decision was a reaction to pressures
from growing incidents of atrocities on individuals
Sexual Minorities
by jati panchayats or gavkis wielding extra-judicial
Another group that faces stigma and
powers.
 The Act lists over a dozen types of actions discrimination are the sexual minorities. Those
that may amount to ‘social boycott’, which identified as gay, lesbian, transgender, bisexual,
has been made a criminal offence kothi and hijra, experience various forms of
 The practices it prohibits range from discrimination within the society and the health
preventing the performance of a social or system.
religious custom, denial of the right to Constitutional Provisions for sexual minorities:
perform funerals or marriages, cutting off  Article 15(1)
someone’s social or commercial ties to  The Rights of Transgender Persons Bill
preventing access to educational or medical
institutions or community halls and public
Persons with Disabilities
facilities, or any form of social ostracism on
any ground. The differently abled are not ‘disabled’ only
because they are physically or mentally impaired
but also because society is built in a manner that
Minorities
does not cater to their needs.
It is generally implies a relatively small but also
disadvantaged group. The sociological sense of
Issues:
minority also implies that the members of the
 Inefficient steps till now with limited success.
minority form a collectively – that is, they have a
 Poor workforce participation.
strong sense of group solidarity, a feeling of
 Entrepreneurial ventures facing financial
togetherness and belonging. This is linked to
hurdles.
disadvantage because the experience of being
 Disability is not being measured properly in
subjected to prejudice and discrimination usually
India.
heightens feelings of intra-group loyalty and
 Lack of Institutional and Infrastructural
interests.
Support for the disabled in India.
Constitution Provision:
 India looks at disability from medical or
Article 29, 30, 350A
pathological angle only.
Measures:
 Most developed countries look from social
 National Commission for Minorities
angle, highlighting institutional and social
 National Commission for Religious and
arrangements preventing those with
Linguistic Minorities
impairments from leading normal lives.
 Special Officer for Linguistic Minorities
 Exclusive scholarship schemes for students
belonging to the minority communities Measures:
 Free Coaching and Allied Scheme  India, a signatory of the UN Convention on
 National Minorities Development and the Rights of Persons with Disabilities
Finance Corporation  The Rights of Persons with Disabilities Act,
2016

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  Disability has been defined based on an  Karnataka government has launched a
evolving and dynamic concept. dedicated helpline called Arogyavani that
 The types of disabilities have been acts as a counselling and redressing any type
increased from existing 7 to 21. of grievances.
 It seeks reservation in vacancies in  The government has launched ‘Divyang
government establishments has been Sarathi’—the accessible and comprehensive
increased from 3% to 4%. mobile application for easy dissemination of
 The bill claimed that every child with information to ‘Divyangjans’.
benchmark disability between the age  Mental Healthcare Act, 2017
group of 6 and 18 years shall have the  Definition - It defines “mental illness” as
right to free education. a substantial disorder of thinking, mood,
 Special Courts will be designated in each perception, orientation or memory that
district to handle cases concerning grossly impairs judgment, behaviour, and
violation of rights of PwDs. capacity to recognise reality or ability to
 The new law will not only enhance the meet the ordinary demands of life.
Rights and Entitlements of Divyang-Jan  It ensures every person shall have a right
but also provide effective mechanism for to access mental health care and
ensuring their empowerment and true treatment from mental health services
inclusion into the Society in a satisfactory run or funded by the appropriate
manner. government.
 Term "divyang" is being considered in place  Advance Directives: given by mentally ill
of "viklang" to change mindset. The term person regarding her treatment and who
would help in raising self-confidence and shall be her nominated representative
subsequent empowerment.  It ensure right to live with dignity and
 Kerala became first state to conduct a census there shall be no discrimination.
of its own called Kerala Disability Census for  A person with mental illness shall have
2014-15. Other states must follow example. the right to confidentiality in respect of
 Accessible India Campaign (Sugamya Bharat his mental health.
Abhiyan) - is aimed at making transport,  Provision of Advance Directive, Mental
government buildings, tourist spots, airports, Health Authority at Centre & State,
railway stations and internet technology Mental Health Review Board.
friendly for differently-abled people.  Decriminalises Suicide.
 Signatory to Marrakesh Treaty.
 Office of the Chief Commissioner for Persons There is a plan, a purpose and a value to every
with Disabilities life, no matter what its location, age, gender or
 Rehabilitation Council of India disability. The need is to recognize the fact that
 National Handicapped Finance and persons with disabilities are the most inspiring
Development Corporation. people. Give them an equal opportunity and they
 Assistance to Disabled persons for purchasing will prove to be much stronger and capable with
/ fitting of aids / appliances (ADIP) scheme their different abilities than the “normal” people.
 Divya Nayan - It is portable device is based And if we all have a mindset to accept this fact,
on the principle of contact scanning of a then we might just see a change in the society.
printed document and converting it into
speech. Elderly
 Government has recently come out with It is true that due to strong family ties in India,
Mental Health care Act 2017 with the aim of majority of elderly people live with their sons or
avoiding discrimination and improving their are supported by them in one way or the other.
autonomy in their decisions.

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 However, there have been changes in recent  The demographic profile depicts that number
times, which have made the position of many of elderly is going to increase drastically in
elderly people vulnerable. future.
Geriatric Care and Gerontology  1/8th of the Worlds Elderly Population lives
in India. Most of them will never retire in the
Constitutional and Other Provisions: usual sense of the term and will continue to
 Article 41 of the DPSP directs that the State work as long as physically possible.
shall, within the limits of its economic  There is a challenge of old age income
capacity and development, make effective security because ability to produce and earn
provision for securing the right of public declines with age which leads to decline in
assistance in cases of old age. living standard.
 Social Security is concurrent responsibility.  Also, due to dissolving institution of joint
 National Social Assistance Programme (NSAP) family and migration and displacement for
- a significant step towards the fulfilment of work by the youth population, the elderly are
the Directive Principles in Article 41 of the more vulnerable.
Constitution.
 National Council of Senior Citizens (NCSrC)-
Schemes:
to advise the Central and State Governments
 Atal Pension Yojana (APY) - It is a universal
on the entire gamut of issues related to the
social security programme for all Indians.
welfare of senior citizens and enhancement
 Rashtriya Vayoshri Yojana - for providing
of their quality of life. It is headed by the
Physical Aids and Assisted-living Devices for
Minister for Social Justice & Empowerment.
Senior citizens belonging to BPL category.
 Maintenance and Welfare of Parents and
 Pradhan Mantri Vaya Vandana Yojana
Senior Citizens Act, 2007 - It makes it a legal
(PMVVY) - PMVVY is a Pension Scheme
obligation of children and heirs to provide
exclusively for the senior citizens aged 60
maintenance to senior citizens and parents,
years and above.
by monthly allowance.

Issue: India worst place to retire:

 Health insurance Global Retirement Index:
 Infrastructure regarding elderly population is The index ranks countries on the basis of four
poor factors — the material means to live comfortably
 Lack of social security in retirement; access to quality financial services
 Migration and displacement for work by the to help preserve savings value and maximize
youth population from the rural to the urban income; access to quality health services; and a
areas leads to changing demography in rural clean and safe environment.
areas with increasing solitary elderly
population Women
 With the increasing trend of nuclear families Constitutional provisions
in the society and with fewer children in the  Article 15(3)
family, the care of older persons in the  Article 23:
families gets increasingly difficult.  Article 39: Ensures equal pay to women for
equal work.
Need for a policy  Article 40: Provides one-third reservation in
 65 per cent of the elderly in India are panchayats.
dependent on others for their financial  Article 42: Provides free pregnancy care and
requirements and undergo financial crisis. delivery.
 Article 44

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  Article 51 (A)(e)- To renounce the practices  Domestic Violence Act
derogatory to the dignity of women  Sexual Harassment of Women at
Workplace(Prevention, Prohibition,
Demographic Profile of Women in India – Sex Redressal) Act, 2013
Ratio (940), Literacy (65.46%), Employment  Navika Sagar Parikrama: In consonance
(21.9%). with the National policy to empower
Gender pay gap as high as 27%. women to attain their full potential, the
Almost 40% of women are out of the labour force expedition aims to showcase ‘Nari Shakti’ on
in India, according to ILO. the world platform.
 Women in combat role.
Indicator of Women’s status in India: Female  Odisha government has launched ‘She
foeticide & infanticide, Rape, sexual harassment & Means Business’ programme of Facebook
abuse, Domestic violence and dowry deaths, for women entrepreneurs. It is aimed to
Prostitution & Objectification of women. reduce the digital divide and empower
women entrepreneurs and SHGs.
Statutory and Autonomous Organizations  Tejaswini - The development objective of
National commission for Women; Rashtriya Tejaswini, for Socioeconomic Empowerment
Mahila Kosh (RMK). of Adolescent Girls and Young Women
(AGYW) Project in India is to improve
Independent India embraced equality as a completion of market-driven skills training
cardinal value against a background of elaborate, and secondary education for adolescent girls
valued and clearly perceived inequalities. Her and young women (in age group 14-24 years)
in select districts of Jharkhand.
constitutional policies to offset these proceeded
 TREAD (Trade Related Entrepreneurship
from an awareness of the entrenched and
Assistance and Development) Scheme by to
cumulative nature of group inequalities. The promote women entrepreneurs via trade
result has been an array of programmes that have related training, information, counseling
been called as welfare schemes It would not be activities related to trades, products, services
unfair to say that these welfare schemes have and financial aid.
been pursued with remarkable persistence and  Maternity Benefit (Amendment) Act, 2017
generosity (if not always with vigour and  Initiatives to check decline in child sex ratio
effectiveness).  Beti Bachao, Beti Padhao Yojana,
 Sukanya Samriddhi Yojana,
Schemes:  PCPNDT Act (1994)
 Mahila Police Volunteer Initiative - The  Aapki Beti, Humari beti by Haryana
primary job of these women volunteers is to government.
keep an eye on situations where women in
the village are harassed or their rights and Draft National Policy on Women 2016
entitlements are denied or their Last National Policy for the Empowerment of
development is prevented. Women (NPEW) was introduced in 2001. There is
 Pink Bus initiative Kerala need therefore to formulate a new policy that can

guide the transformative shift required for making
 SHe-Box - This portal is an initiative to
gender rights a reality, addressing women’s issues
provide a platform to women working or
visiting any office of Central Government in all its facets, capturing emerging challenges and
(Central Ministries, Departments, Public ultimately positioning women as equal partners of
Sector Undertakings, Autonomous Bodies sustained development progress that the country
and Institutions etc.) to file complaints is experiencing presently.
related to sexual harassment at workplace Priority Areas identified by the Draft
under the SH Act.  Health including food security and nutrition

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  Education  The Act also lays the onus for sensitizing
 Economy: increasing the participation of employees to sexual harassment issues, and
women in the workforce, creating ecosystem creating awareness of redressal mechanisms,
for women to participate in entrepreneurial on employers. This remain unimplemented.
activities. Way ahead:
 Governance & Decision Making  State governments should take on the
 Violence against Women responsibility of enforcing implementation of
 Enabling Environment: in the field of sports the anti-sexual harassment act.
etc  The single-best solution to harassment is
 Environment & Climate Changes: policies and greater gender diversity at the workplace—
programmes for environment, conservation an area where India lags conspicuously.
and restoration will compulsorily incorporate
gender concerns. Marital Rape
 Review of the personal and customary laws  The Justice JS Verma committee while
in accordance with the Constitutional dealing the criminal law amendment act has
provisions. also suggested that marital rape be made a
 Recognizing special needs of single women non bailable offence.
including widows separated, divorced, never-  Against Art. 21 & 14.
married and deserted women.  Law Commission and SC has also suggested.
 Setting up Gender Budgeting Cells set up at  The United Nations has also recommended
all levels of governance. India make it criminal for a man to rape his
wife.
Preventing sexual harassment of women at  Arguments against:
Workplace  essential to preserve the integrity of
Laws: marriage
 Supreme Court-issued Vishaka Guidelines in  right to privacy would be defeated if
1997 which was superseded by Sexual sexual intercourse within marriage could
Harassment of Women at Workplace be made the subject of legal
(Prevention, Prohibition and Redressal) Act, proceedings
2013.  not defined in the IPC
 Guidelines issued by the SEBI. These  chances of gross misuse
guidelines mandate that listed companies
must file a Business Responsibility Report Child
annually that lists details of the sexual National Action Plan for Children, 2016
harassment complaints the company has It was launched to implement National Policy of
received. Children, 2013.
Issues with SHWW (PPR) Act:  On Child Survival, Health and Nutrition
 It does not satisfactorily address  Universalizing the maternal and child
accountability and does not specify who is in healthcare.
charge of ensuring that workplaces comply  Emphasis on immunization
with the Act and who must be held  prevent mental and physical disabilities
accountable in case of violation. through timely measure
 The act mandated Internal Complaint  Education and development: provide
Committee (ICC) is not existence in many universal and equitable access to quality
companies. Early Childhood Care and Education (ECCE)
 The mandated member NGO working for  Child Protection
women’s cause to be included in ICC remains  Child Participation: will ensure that children
unfeasible. actively participate in planning and

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 implementation of programmes concerning Integrated Child Development Services (ICDS)
them. Scheme.

Other Legislation: Issues Relating to Poverty and Hunger

 Protection of Children from Sexual Offences Poverty – Absolute and Relative.
Act, 2012 Issue with Absolute poverty - Establishing a
 Juvenile Justice (Care and Protection of yardstick to measure poverty, There is no
Children) Act, 2015 consensus on what should be included as basic
 Child Labour (Prohibition and Regulation) Act, necessities, cultural needs vary from place to
1986 & National Child Labour Project (NCLP) place and time to time. Therefore, absolute
 Prohibition of Child Marriage Act, 2006 standards cannot be fixed.
 100 Million for 100 Million Issue with Relative Poverty: The index may be
inadequate; Items in the index may not represent
people’s view, rather that of an expert; It
‘Swasth Bachche, Swasth Bharat’ Programme, an
introduces subjectivity; Decisions to include
initiative of Kendriya Vidyalaya Sangathan to
certain items are arbitrary.
prepare a physical Health and Fitness Profile Card
Method used: Head count ratio & Poverty line.
for more than 12 lakhs of Kendriya Vidyalaya
students was recently launched in Kochi.
Government’s approach to poverty
The government’s approach to poverty reduction
Aarambh Initiative It is the country's first-ever
was of three dimensions.
hotline to curb sexual abuse of children through
The first one is growth oriented approach. It is
the Internet and to remove child pornographic
based on the expectation that the effects of
content online unveiled.
economic growth would spread to all sections of
society and will trickle down to the poor sections
PENCIL (Platform for Effective Enforcement for
also. This was followed in the 50s and early 60s.
No Child Labour) — an electronic platform for
This second approach was specific poverty
effective implementation of the National Child
alleviation programmes such as Food for Work,
Labour Project, (NCLP).
expanding self-employment programmes and
wage employment programmes were being
Orphans and street children
considered as the major ways of addressing
Constitutional Provisions/ Bodies/ Policies
poverty.
 Article 15(3) empowers the state to make
The third approach to addressing poverty is to
special provisions for welfare of children and provide minimum basic amenities to the people
women. such as provision of food grains at subsidised
 Article 21A rates, education, health, water supply and
 Article 24: Children have a fundamental right sanitation— people’s living standard could be
against exploitation improved. Programmes under this approach are
 Article 39(e) of DPSP puts responsibility of expected to supplement the consumption of the
State to ensure that children of tender age poor, create employment opportunities and bring
should not be misused. about improvements in health and education.
 Several PILs have been filed in the benefit of Major programmes were MDM, ICDS, PDS.
children. Compared to the magnitude of poverty, the
amount of resources allocated for these
 Article 45: Urges the state to provide early
programmes is not sufficient. The officials
childhood care and education for children up
implemented these programmes are ill motivated,
to 6 years of age. inadequately trained, corruption prone and
 National Commission for protection of Child vulnerable to pressure from a variety of local
Rights elites, the resources are inefficiently used and
 National Policy for Children wasted. There is also non-participation of local
level institutions in programme implementation.

8
 Ravi Jain (AIR - 9, CSE 2019) - http://tiny.cc/rj09

Poverty can effectively be eradicated only when

the poor start contributing to growth by their
active involvement in the growth process. This is
possible through a process of social mobilisation,
encouraging poor people to participate and get
them empowered. This will also help create
employment opportunities which may lead to
increase in levels of income, skill development,
health and literacy.

When the founding fathers of the country opted

for a growth centered strategy, they did so in the
full knowledge that India’s poverty problem was
too immense to be solved by redistribution alone.
Here it would be in order to recall Jawaharlal
Nehru’s statement in The Discovery of India,
where he argued that the immense poverty of
many Indians meant that ‘to remove this lack and
ensure an irreducible minimum standard for
everybody, the national income had to be greatly
increased.’