Ch 6 – Confronting Marginalisation Notes

Content structure

1. Confronting Marginalisation
2. Invoking Fundamental Rights
3. Laws for the Marginalised
- 3A. Promoting Social Justice
4. Protecting the Rights of Dalits and Adivasis
- 4A. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- 4B. The Scourge of Manual Scavenging
5. Adivasi Demands and the 1989 Act
6. Conclusion

1. Confronting Marginalisation

Confronting marginalisation means helping people who are mistreated or left out. This ensures that Adivasis, Dalits, Muslims, women, and other marginalised groups know they have the same rights as everyone in India. The Constitution protects them with laws, and the government makes rules and plans to improve their lives.

2. Invoking Fundamental Rights

The Constitution gives all Indians equal rights, which helps keep our society and government fair. Marginalised people use these rights in two ways. First, they demand their rights and make the government see the unfair treatment they face. Second, they ask the government to enforce laws that protect them.

Article 17 of the Constitution says that untouchability is abolished, which means no one can stop Dalits from getting an education, entering temples, or using public places.
Article 15 states that no person in India can be treated unfairly because of their religion, caste, gender, race, or place of birth.

Dalits can use their Fundamental Rights if they face unfair treatment from a person, community, or the government. They can ask the government to protect their rights and ensure fair treatment. Minority groups also use these rights, especially to follow their religion and protect their culture and education. For example, Muslims and Parsis have the right to preserve their culture in their own way. The Constitution makes sure that smaller groups can keep their culture and are not dominated by the majority community.

3. Laws for the Marginalised

The government makes laws and policies to protect marginalised communities like Dalits and Adivasis. These policies come from surveys, committees, or direct government action to provide better opportunities.

3A. Promoting Social Justice

To support these communities, the government offers free or subsidised hostels for Dalit and Adivasi students, helping them access education. Laws also work to end inequality, such as the reservation policy, which reserves seats in education and government jobs for Dalits, Adivasis, and other backward classes.

Each government has a list of Scheduled Castes, Scheduled Tribes, and backward classes. Candidates must provide caste or tribe certificates to qualify for reservations. Admission to colleges is based on cut-off marks, ensuring only those meeting the criteria benefit. Special scholarships are also available. These efforts help correct past discrimination and provide equal opportunities for marginalised groups.

4. Protecting the Rights of Dalits and Adivasis

In Jakmalgur, a big festival happens every five years, where a Dalit must wash the priests’ feet and bathe in the same water. Rathnam’s family had done this for generations, but he, a 20-year-old engineering student, refused. He believed the practice was unfair and based on caste discrimination.

His refusal angered the powerful castes and even some Dalits, who feared losing their jobs and upsetting the local god. The dominant castes punished Rathnam’s family by cutting them off from the village and later burning their hut. Rathnam escaped with his mother and filed a case under the SC/ST (Prevention of Atrocities) Act, 1989.

Though other Dalits were too afraid to support him, media attention highlighted his struggle. The ritual was stopped, but his family was still not accepted in the village and had to leave. Rathnam became a symbol of Dalit resistance.

4A. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, of 1989 was created to protect Dalits and Adivasis from discrimination, violence, and unfair treatment.

(i) Why was the Act made?

Dalits and Adivasis faced mistreatment and humiliation for a long time.
In the 1970s and 1980s, many refused to follow unfair caste duties and demanded equal rights.
Powerful castes reacted with violence against them.
Dalit and Adivasi groups demanded strong laws to punish such crimes and ensure justice.

(ii) What does the Act do?

Stops Humiliation and Mistreatment
- Punishes those who force Dalits/Adivasis to eat or drink dirty things.
- Stops stripping or parading them naked, which insults their dignity.
Protects Land and Livelihood
- Prevents illegal grabbing of their land.
- Punishes those who force them into bonded labour or slavery.
Protects Women
- Stronger punishment for those who attack or harm Dalit and Adivasi women.

(iii) Why is this Act Important?

Punishes crimes against Dalits and Adivasis.
Spreads awareness about caste discrimination.
Ensures justice and protects their rights.
Discourages future violence and mistreatment.

This law helps create a fairer and safer society for marginalised communities.

4B. The Scourge of Manual Scavenging

(i) What is Manual Scavenging?

It is the practice of cleaning human and animal waste from dry latrines using basic tools.
The waste is carried on the head to disposal sites.
Mostly Dalit women and young girls do this job.

(ii) Problems Faced by Manual Scavengers

Health risks: They suffer from skin, eye, and respiratory infections.
Low wages: Government workers earn ₹200 per day, and private workers earn even less.
Untouchability: They live in separate areas and are denied access to temples and public facilities.

(iii) Laws Against Manual Scavenging

1993: Law banned manual scavenging and dry latrines.
2003: The Supreme Court ordered strict action, but the problem continued.
2013: New law completely banned manual scavenging and focused on rehabilitation.

Despite laws, manual scavenging still exists, and more efforts are needed to end this practice.

5. Adivasi Demands and the 1989 Act

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is also important for Adivasis because it helps protect their right to land.

(i) Adivasi Land Rights

Adivasis have been forcibly removed from their traditional lands.
Activists demand that those who take over tribal land illegally must be punished.
The Constitution already protects Adivasi land, stating it cannot be sold to or bought by non-tribals.

(ii) Government’s Role in Violating Tribal Rights

State governments allow businesses like timber companies and paper mills to take over Adivasi land.
Many Adivasis have been evicted when forests were declared reserved areas or sanctuaries.

(iii) Demands for Compensation
Governments spend money on industrial projects on tribal land, so they should also help displaced Adivasis rebuild their lives.
Activist C.K. Janu argues that displaced Adivasis must be compensated and given new opportunities.

6. Conclusion

Having a law, right, or policy written down does not always mean it is followed in real life. People must keep working to make sure these rules are respected and put into practice. The fight for equality, dignity, and respect has been going on for a long time and has taken different forms throughout history. Even in a democracy, people need to continue speaking up, negotiating, and organising to bring real change and ensure that these rights are truly followed in society.