5 Confronting Marginalisation

"Adivasis, Dalits, Muslims,

women and other marginal
groups argue that simply by
being citizens of a democratic
country, they possess equal
rights that must be respected.
Many among them look up to
the Constitution to address
their concerns. "

In the earlier chapter Indian Constitution, a glimpse of Fundamental Rights was given which also
discussed Right to Equality. This chapter further discusses Right to Equality with special focus on
Article 15 and Article 17.
Invoking fundamental rights
The Constitution lays down the principles that make our society and polity democratic. They are
defined in and through the list of Fundamental Rights that are an important part of the
Constitution. These rights are available to all Indians equally. As far as the marginalised are
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concerned, they have drawn on these rights in two ways: first, by insisting on their Fundamental
Rights, they have forced the government to recognise the injustice done to them. Second, they
have insisted that the government enforce these laws. In some instances, the struggles of the
marginalised have influenced the government to frame new laws, in keeping with the spirit of the
Fundamental Rights.
Article 17 of the Constitution states that untouchability has been abolished - what this
means is that no one can henceforth prevent Dalits from educating themselves, entering temples,
using public facilities etc. It also means that it is wrong to practise untouchability and that this
practice will not be tolerated by a democratic government.

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In fact, untouchability is a punishable crime now. There are other sections in the Constitution that
help to strengthen the argument against untouchability - for example, Article 15 of the
Constitution notes that no citizen of India shall be discriminated against on the basis of
religion, race, caste, sex or place of birth. This has been used by Dalits to seek equality where
it has been denied to them.
The term Dalit, which means ‘broken’ is used deliberately and actively by groups to
highlight the centuries of discrimination they have experienced within the caste system.
Therefore, Dalits can 'invoke' or 'draw on' a Fundamental Right (or
Rights) in situations where they feel that they have been treated badly
by some individual or community, or even by the government. They
have drawn the attention of the government of India to the
Constitution, demanding that the government abide by it and do
justice to them.
Likewise, other minority groups have drawn on the Fundamental
Rights section of our Constitution. They have particularly drawn upon the right to freedom of
religion and cultural and educational rights. In the case of cultural and educational rights, distinct
cultural and religious groups like the Muslims and Parsis have the right to be the guardians of the
content of their culture, as well as the right to make decisions on how best this content is to be
preserved.
Thus, by granting different forms of cultural rights, the Constitution tries to ensure cultural justice
to such groups. The Constitution does this so that the culture of these groups is not dominated nor
wiped out by the culture of the majority community.
Laws for the marginalised
There are specific laws and policies for the marginalised in our country. There are policies or
schemes that emerge through other means like setting up a committee or by undertaking a survey,
etc. The government then tries to promote such policies in order to give opportunities to specific
groups.

1
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1. Mention the ways in which marginalized communities tried to overcome the discriminations
they faced.
Promoting social justice
As part of their effort to implement the Constitution, both state and central governments create
specific schemes for implementation in tribal areas or in areas that have a high Dalit population.
For example, the government benefits of free or subsidised hostels for students of Dalit and
Adivasi communities so that they can avail of education facilities that may not be available in their
localities.
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In addition to providing certain facilities, the government also operates through laws to ensure
that concrete steps are taken to end inequity in the system. One such law/policy is the reservation
policy that today is both significant and highly contentious. The laws which reserve seats in
education and government employment for Dalits and Adivasis are based on an important
argument- that in a society like ours, where for centuries sections of the population have been
denied opportunities to learn and to work in order to develop new skills or vocations, a
democratic government needs to step in and assist these sections.
How does the reservation policy work?
Governments across India have their own list of Scheduled
Castes (or Dalits), 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 or tribe status, in the form of caste and
tribe certificates. (Many government and educational
institutions also ask for candidates to mention their
caste/tribe status.) If a particular Dalit caste or a certain
tribe is on the government list, then a candidate from that
caste or tribe can avail the benefit of reservation. For
admission to colleges, especially to institutes of professional education, such as medical colleges,
governments define a set of 'cut-off' marks. This means that not all Dalit and tribal candidates can
qualify for admission, but only those who have done reasonably well and secured marks above
the cut-off point. Governments also offer special scholarships for these students.
Protecting the Rights of Dalits and Adivasis
In addition to policies our country also has specific laws that guard against the discrimination and
exploitation of marginalised communities. Let us read the following case-study, adapted from a
real-life account, to understand how Dalits use the protection that laws provide.
The villagers of Jakmalgur are gearing up for a big festival. Once in five years, the local deity is
honoured and priests from 20 neighbouring villages come for this five-day event. The ceremony
begins with a member of the Dalit community washing the feet of all the priests and then bathing
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in the water used for this. In Jakmalgur, the person who performed this task belonged to
Rathnam’s family. His father and grandfather had both performed the same task before him.
Though they were never allowed to enter the temple, this ritual was viewed as a great honour
bestowed on them on this special occasion. Now it was Rathnam’s turn. Rathnam was all of 20
years, studying engineering in a nearby college. He refused to perform the ritual.
He said that he had no faith in this practice and that his family members were forced to perform
this ritual because they were Dalits. Rathnam’s refusal angered both the powerful castes in the
village and some families from his own community. The powerful castes were shocked that such
a young boy had the guts to refuse. They believed that it was Rathnam’s education which allowed
him to imagine that he could start comparing himself with them.

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Those from Rathnam’s own caste were fearful of angering the powerful. Many worked on their
fields as daily-wage labourers. If the dominant castes decided to not call them, then what would
they earn? How would they survive? They also declared that the wrath of the local deity would
strike them if they refused to give in. Rathnam argued that given that not a single Dalit had ever
entered the temple, how could the deity be angry with them?
The powerful castes decided to teach Rathnam a lesson. His community was ordered to ostracise
him and his family, and everyone was told that no one should speak or do any work for them or
with them. One night some men entered their part of the village and set his hut on fire. He managed
to escape with his mother. Rathnam, then went to file a case in the local police station under the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Other Dalit
families still did not come out in his support as they were scared that a similar fate might await
them if they spoke out. The case was picked up by the local media that led to many journalists
visiting the village. Rathnam was written about as a symbol of Dalit action. The ritual was called
off, but his family was forced to move out as they continued to be ostracised by the powerful castes
in the village.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
This Act was framed in 1989 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 an everyday sense. While such
treatment had persisted for a long time, it had acquired
a violent character in the late 1970s and 1980s. During
this period, in parts of southern India, 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; they refused to follow practices located
in the humiliation and exploitation of Dalits. This resulted in the more powerful castes unleashing
violence against them. To indicate to the government that untouchability was still being practised
and in the most hideous manner, Dalit groups demanded new laws that would list the various
sorts of violence against Dalits and prescribe stringent punishment for those who indulge in them.
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Likewise, throughout the 1970s and 1980s Adivasi people successfully organised themselves and
demanded equal rights and for their land and resources to be returned to them. They too had to
face the anger of powerful social groups and were subject to a great deal of violence.
Therefore, this Act contains a very long list of crimes,
some of which are too horrible even to contemplate.
The Act does not only describe terrible crimes, but
also lets people know what dreadful deeds human
beings are capable of. In this sense, laws such as
these seek to both punish as well as influence the
way we think and act.

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The Act distinguishes several levels of crimes. Firstly, it lists modes of humiliation that are both
physically horrific and morally reprehensible and seeks to punish those who
• force a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or
obnoxious substance; …
• forcibly removes clothes from the member of a Scheduled Caste or a Scheduled Tribe or
parades him or her naked or with painted face or body or commits any similar act which is
derogatory to human dignity.
• it lists actions that dispossess Dalits and Adivasis of their meagre resources or which force
them into performing slave labour. Thus, the Act sets out to punish anyone who
• wrongfully occupies or cultivates any land owned by or allotted to a member of a Scheduled
Caste or a Scheduled Tribe or gets the land allotted to him transferred.
• the Act recognizes that crimes against Dalit and tribal women are of a specific kind and,
therefore, seeks to penalise anyone who assaults or uses force on any woman belonging to a
Scheduled Caste or a Scheduled Tribe with intent to dishonour her
Manual scavenging
• It refers to the practice of removing human and animal waste/excreta using brooms, tin plates
and baskets from dry latrines and carrying it on the head to disposal grounds some distance
away.
• A manual scavenger is the person who does the job of carrying this filth. This job is mainly
done by Dalit women and young girls.
• According to the Andhra Pradesh-based Safai Karamchari Andolan, an organisation working
with manual scavengers, there are one lakh persons from Dalit communities who continue to
be employed in this job in this country and who work in 26 lakh private, and community dry
latrines managed by municipalities.
• Manual scavengers are exposed to subhuman conditions of work and face serious health
hazards. They are constantly exposed to infections that affect their eyes, skin, respiratory and
gastro-intestinal systems. They get very low wages for the work they perform. Those working
in urban municipalities earn Rs. 200 per day and those working privately are paid much less.
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• The practice of Untouchability has been abolished by the Indian Constitution. However,
manual scavengers in different parts of the country, the Bhangis in Gujarat, Pakhis in Andhra
Pradesh and the Sikkaliars in Tamil Nadu, continue to be considered untouchable. They often
live in separate settlements on the outskirts of the village and are denied access to the temple,
public water facilities etc.
• 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. In 2003, the Safai Karamchari Andolan and 13 other
organisations and individuals, including seven scavengers, filed a PIL in the Supreme Court.
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• The petitioners complained that manual scavenging still existed, and it continued in
government undertakings like the railways. The petitioners sought enforcement of their
Fundamental Rights. The court observed that the number of manual scavengers in India had
increased since the 1993 law. It directed every department/ministry of the union government
and state governments to verify the facts within six months. If manual scavenging was found
to exist, then the government department has to actively take up a time-bound programme for
their liberation and rehabilitation. The Prohibition of Employment as Manual Scavengers and
their Rehabilitation Act came into force on 6 December 2013.
Adivasi demands and the 1989 Act

The 1989 Act is important for another reason - Adivasi activists refer to it to defend their right to
occupy land that was traditionally theirs. Adivasis are often unwilling to move from their land and
are forcibly displaced. Activists have asked that those who have forcibly encroached upon tribal
lands should be punished under this law. They have also pointed to the fact that this Act merely
confirms what has already been promised to tribal people in the Constitution - that land belonging
to tribal people cannot be sold to or bought by non-tribal people. In cases where this has
happened, the Constitution guarantees the right of tribal people to re-possess their land.
C.K. Janu, an Adivasi 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 – for it is they who allow
non-tribal encroachers in the form of timber merchants, paper mills etc, to exploit tribal land, and
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to forcibly evict tribal people from their traditional forests in the process of declaring forests as
reserved or as sanctuaries. She has also noted that in cases where tribals have already been
evicted and cannot go back to their lands, they must be compensated. That is, the government
must draw up plans and policies for them to live and work elsewhere.
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006
• The central government passed the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006. The introduction to the final Act states that this Act
is meant to undo the historical injustices meted out to forest dwelling populations in not
recognising their rights to land and resources.
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• This Act recognises their right to homestead, cultivable and grazing land and to non-timber
forest produce. The Act also points out that the rights of forest dwellers includes conservation
of forests and biodiversity.
Conclusion
As we can see, the existence of a right or a law or even a policy on paper does not mean that it
exists. People must constantly work on or make efforts to translate these into principles that guide
the actions of their fellow citizens or even their leaders. The desire for equality, dignity and
respect is not new. It has existed in different forms throughout our history as you have seen in
this chapter. Similarly, even in a democratic society, similar processes of struggle, writing,
negotiation and organising need to continue.

1. Religious solace, armed revolution, self-improvement, Education, Economic Progress.

Glossary

1. Policy – A planned course of action that provides direction for the future, sets goals to be
achieved or lays out principles or guidelines to be followed and acted upon. In this chapter,
it refers to government policies.
2. Dalit – Dalit means ‘broken’. This word is used deliberately and actively by groups to
highlight the century old discrimination these people have suffered within the caste
system.
3. Ostracise – To refuse to allow somebody to be a member of a social group; to refuse to
meet or talk to somebody.
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MIND MAP

Article 17
➢ States that untouchability has
been abolished

Article 15
➢ No citizen of India shall be
discriminated against on the
basis of religion, race, caste,
place of birth
Confronting
Marginalisation

Laws for the Marginali sed

➢ Subsidies
➢ Reservation policy
➢ Caste certificate

The SC & ST Act 1989

➢ Ill treatment & humiliation
➢ Dalit groups demanded new laws
➢ Successfully organized

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