The Indian society and weaker sections of the society

India is a caste-ridden society, where the majority of the population faces social inequality at some of
the other points. From the beginning, social and educational inequalities can be found in society. For
example, brahmins are considered to be the higher caste because they are advanced economically,
educationally, and socially. Also, the zamindars were socially,
economically, and educationally strong, the rest of the people working in the field or working
for them were considered to be the weaker section/ backward class.

As of now, India is working to fill the gaps between the powerful and the weaker sections of society.
Through implementing different government and non-government schemes.

What are weaker sections of society?

The term weaker section refers to a section of the population that is socially, economically, and
politically behind the other sections of the population and has been experiencing
various forms of inabilities as a result of their backwardness. The Government of India Act, 1935
defines “weaker sections” as class or classes of people who are suffering from
educational and economic backwardness, as well as some aspects of social life, due to
traditional customs of untouchability, tribal background, tribal way of life or other
backwardness. Different resolutions of the Indian government have divided the weaker
groups into three main categories:

1. Scheduled castes

2. Scheduled tribes

3. Other backward classes

But this list is not exhaustive. Women, aged persons, disabled, sexual minorities are also deprived
of the benefits and they are ill-treated. Thus, weaker sections that face
discrimination include- women, scheduled castes(SC), scheduled tribes (ST), children,
disabled, aged, poor migrants, sexual minorities, people suffering from HIV/AIDS, and other
backward classes. The Constitution has provided provisions not only for SC/STs, backward classes
but also for the other weaker sections of society.

Empowerment of weaker sections

Empowerment of the weaker sections can be more effective and efficient by empowering
the neighbourhood individuals to take active participation in uplifting the weaker sections at the
grass-root level. Empowerment of weaker sections includes general strengthening that is the
instructive, monetary, political, and social strengthening of the weaker sections. For empowerment of
the weaker sections, there are constitutional and statutory provisions available.
Constitutional provisions for the protection of weaker sections
Constitutional makers have provided different safeguards in the Constitution of India for the
upliftment and protection of the weaker section of the society. They are as follows:

Article 14 of the constitution provides for the equal protection of law and equality before the law.
Therefore, irrespective of class every citizen has the right to be treated equally before the law.

Article 15 prohibits discrimination based on disability, restriction, or the grounds of castes,

religion, sex, or place of birth. Whereas nothing in this article will prevent the state to make
special provisions and arrangements for the betterment of :

1. The children and women [Article 15(3)].

2. Socially and economically backward classes/ scheduled castes / scheduled tribe [Article 15(4) &
Article 15(5)].

Article 16 provides equal opportunities to all citizens in matters of employment or

appointment of any office under the state. States can make special provisions related to the
reservation, appointment for the backward classes, and the state has the authority to decide whether
the person falls in the definition of backward classes. This provision helps to strengthen the weaker
section in monetary terms.

Article 17 abolishes untouchability and it is a punishable offence under the Protection of the Civil
Rights Act, 1955.

Article 19(5) provides that the state is allowed to restrict freedom of movement for the benefits of
the Scheduled tribe.

Article 21 provides that every person is entitled to the right to life and personal liberty except the
procedure established by law. Irrespective of the castes, sex, religion, or
place of birth everyone is entitled and they can’t be deprived of his life.

Article 21A provides that all children between the age of 6 to 14 years are entitled to free and
compulsory education.

Article 24 prohibits the employment of children below the age of 14 years in factories, mines,
or any other hazardous employment. This article prohibits:
1. Child labour
2. Working in the construction industry
3. Mines
4. Hazardous employment

Article 25 provides that every person has freedom of conscience and they are entitled equally to
profess, propagate and practise any religion. This freedom is subjected to
public order, health and morality. Article 25(2)(b) provides that nothing in this article will prevent
the state from making or it won’t affect any pre-existing law for providing social welfare and
reform or tossing Hindu religious institutions of a public character to all classes.
 Article 29 protects the interest of minorities, any citizen residing in India having a distinct language
or a culture. They have the right to conserve the culture/language/script of
their own. Further, any citizen based on religion, race, or castes cannot be denied
admission to any educational institution funded by the state.

Article 30 minorities either based on religion or language have the right to establish and
administer educational institutions.

Article 38 states must ensure and promote the welfare of the people by promoting and securing as
effectively as may be a social order and must act to minimize inequalities in terms of income,
status, facilities, and opportunities available.

Article 39 provides the policy which is to be considered by the states. Like, men and
women are equally entitled to adequate means of livelihood, equal pay for equal work for men and
women, the health of the worker, no abuse against youth, children are provided with the
opportunity to develop healthily to secure, and no citizen must be forced out of economic necessity
to pursue something which unsuited for their age or quality.

Article 39A states must provide free legal aid to the people who can’t afford it because of
economically weaker sections or due to some disabilities.

Article 41 provides that the state has the power/capacity to make provisions within the
economic limits to secure the right to education, the right to work, and the right to public assistance
in certain cases. For this Article, certain cases include old age, disablement, sickness, or any other
condition. The Supreme Court while interpreting this article in many cases held that the state must
make effective provisions for securing the rights of the disabled and for the people suffering from
other infirmities within the economic capacity of the state.

Article 42 provides that the state must make provisions to secure any other hazardous
employment in the just and humane conditions of work and maternity relief. Protecting the
employment of women during the maternity period.

Article 46 under the Directive Principles of State Policy provides that the State must promote
the educational and economic interests of the scheduled castes, scheduled
tribes, and the weaker sections of the society with due care. Also, the state must protect the SC, ST
& weaker sections from exploitation and social injustice.

Part XVI of the Constitution deals with special provisions relating to certain classes. This part
provides political empowerment to the scheduled castes, scheduled tribes, and other classes. Article
330 and Article 332 reserve seats for scheduled castes and scheduled
tribes in the house of people and legislative assemblies of the state respectively. National
Commission for scheduled castes and scheduled tribes have been established under Article 338 and
Article 338A respectively.

Article 340 provides that the president has the authority to investigate the condition of socially and
economically backward classes through appointing a commission to investigate.
Constitutional Provisions for Women
 There are numerous legal provisions to enhance the status of women which is a more susceptible group in Indian
society.

1. Art. 15(3): It permits the state to make special provisions for women and children. Several acts such as Dowry
Prevention Act have been passed including the most recent one of Protection of women from domestic violence Act
2005.
2. Art. 23: Under the fundamental right against exploitation, flesh trade has been banned.
3. Art. 39: Guarantees equal pay to women for equal work. In the case of Randhir Singh vs Union of India, SC held that
the concept of equal pay for equal work is indeed a constitutional goal and is capable of being enforced through
constitutional remedies under Art. 32.
4. Art. 40: Provides 1/3 reservation in panchayat.
5. Art. 42: Offers free pregnancy care and delivery.
6. Art. 44: It compels the state to implement unchanging civil code, which will help progress the condition of women
across all religions. It has, however, not been implemented due to politics.
7. In the case of Sarla Mudgal vs the Union of India, SC has held that in the Indian Republic there is to be only one
nation i.e. Indian nation and no community could claim to be a separate entity on the basis of religion. There is a plan
to provide reservation to women in parliament as well.

Constitutional Provisions for Children

 Art. 19 A: Education up to 14 yrs has been made a fundamental right. Thus, the state is required to provide school
education to children.

In the case of Unni Krishnan vs the State of AP, SC held that right to education for children between 6 to 14 yrs of
age is a fundamental right as it flows from Right to Life. After this decision, education was made a fundamental right
explicitly through 86th amendment in 2002.

Article 21A. The State shall provide free and compulsory education to all children of the age of six to
fourteen years in such manner as the State may, by law, determine.

 Art. 24: Children have a fundamental right against exploitation and it is prohibited to employ children below
14 yrs of age in factories and any hazardous processes.

Recently the list of hazardous processes has been updated to include domestic, hotel, and restaurant work.

Several PILs have been filed in the benefit of children. For example, in MC Mehta vs the State of TN, SC has held
that children cannot be employed in match factories or which are directly connected with the process as it is hazardous
for the children.

In the case of Lakshmi Kant Pandey vs the Union of India, Justice Bhagvati has laid down guidelines for adoption
of Indian children by foreigners.

 Art. 45: Urges the state to provide early childhood care and education for children up to 6 yrs of age.

Age and high levels of economic necessity and/or disability combine to create high levels of vulnerability to long-
lasting poverty. While old age pension schemes are in place neither the small amounts made available nor the hassle
of accessing them make this a solution to the problem of chronic poverty among the elderly.

With the high occurrence of chronic ailments and health care needs of the elderly, declining family size, migration and
breakdown of traditional family structures that provided support, this group of the population is awfully vulnerable to
poverty.