Constitution and vulnerable sections

Many groups are vulnerable, weak, deprived of their rights and exist on the margin of development processes. various social legislations aim to protect and promote interests of marginalized groups consisting of women, children, dalits, etc. while a set of constitutional provisions and social legislations are promotive and protective, in nature, others are prohibitory against ill practices in their intent. The legal system in India is designed in such a way that it becomes meaningful for the citizens. The legal system is the mechanism envisaged by the framers of the Constitution to implement various provisions of constitution like Fundamental Rights and Directive Principles of the State Policy etc.

Women

The challenges facing women’s equality lie in patriarchal value system, social attitude and practices. The problems confronting Indian women are continuing discrimination, exploitation, low economic status, lack of political participation, illiteracy, poverty etc. There are various types of crimes committed against women such as female infanticide, dowry deaths, rape, domestic violence, sexual harassment etc. Apart from broad provision of constitution, other special provisions include the followings:

1. Article 15 (3) makes a special provision enabling the state to make affirmative discriminations in favour of women.
2. Article 23 prohibits all forms of traffic in human beings, including women and forced labour such as prostitution.
3. Article 39(d) assures equal pay for equal work for both men and women.
4. Article 42 directs the state to secure maternity relief.
5. Article 51A(c) by imposing a fundamental duty to renounce practices derogatory to the dignity of women.
6. Article 243 D-2 gives right to women, to contest elections by making reservation of seats for them in every panchayat and municipality.
7. Further to check the violence against women, Criminal Law Amendment Act was passed in 1983. The crimes identified under the IPC are as follows: Rape (Section 376, IPC), Kidnapping and abduction for different purposes (Section 363, 373, IPC) , Homicide for dowry, dowry deaths or other attempts (Section  302/304 -B, IPC) , Torture --both mental and physical (Section  498 –A, IPC) , Molestation (Section 354, IPC ),         Sexual harassment (Section 509, IPC) , Importation of girls (up to 21 years of age) (Section  366-B, IPC)

Adivasis or the Tribals

India has the largest tribal population in the world.  Unfortunately, they are subjected to oppression, discrimination and exploitation for several centuries. They have been alienated from their own land, resources and culture by contemporary forces. They also face mass illiteracy and health problems. Thereby, the Indian Constitution has placed them under the special protection. Some the special Rights guaranteed to them are as follows:

1. Article 19 (5) curtails by law in the interest of any scheduled tribes, the general rights of all citizens to move about freely, settle in and acquire property.
2. Articles 164, 338 and the Fifth Schedule authorizes to set up Tribal Advisory Councils (TAC) and separate departments in the States for the welfare of the tribes. TAC in the States should consist of not more than twenty members of whom, nearly three-fourths shall be representatives of the scheduled tribes in the legislative assemblies of the State.
3. Article 244 and the Fifth and Sixth Schedules enables special provisions for the administration and control of scheduled and tribal areas.
4. Apart form the above constitutional guarantees there are legal measures like the Protection of Civil Rights Act 1976 which was passed to ensure their freedom, dignity, rights, and to protect from their exploration and discrimination.

Dalits

The word ‘Dalit’ means ‘oppressed’, broken’, ‘downtrodden’. The Constitution calls them scheduled castes (that is, castes needing protective discrimination by the State), but ‘Dalit’ is the name the untouchables themselves have chosen because as they feel, it describes their identity best. Discrimination against dalits is one of the most common forms of social injustice in India today. In spite of the fact that the caste system has been officially banned, it is as much alive today as it was when the Constitution was proclaimed. Various articles of the Constitution dedicated for the welfare of the dalits are as follows:

1. Article 15(2) advocates removal of disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels and places of public entertainment of the use of wells, tanks, bathing ghats, roads and place of public resort maintained wholly or partially out of State funds or dedicated to the use of the general public.
2. Article 15 (4) states that the State can make special provisions for the advancement of any socially and educationally backward class of citizens or for the scheduled castes and the scheduled tribes.
3. Article 16 (4) states that the State can make provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the State is not adequately represented in the services under the State.
4. Article 17 forbids the practice of untouchability in any form.
5. Article 46 asks the State to promote with special care the educational and economic interests of the weaker sections of the community and, in particular, of the Scheduled Castes and tribes who will need to be protected from social injustice and all forms of exploitation.
6. Article 330, 331, 332, 333 and 334 provides for reservation of seats in the House of the People and the legislative assemblies of the states for Scheduled Castes, Tribes and representatives of the Anglo-Indian community.
7. Article 164, 338 and the Fifth Schedule authorize the setting up of a national commission, tribal advisory councils and separate departments at the level of states and a special officer at the Centre to look after the welfare of scheduled castes and tribes.
8. Article 335 stipulates that the claims of the members of the scheduled castes and tribes shall be taken into consideration while making appointments to services and posts in connection with the affairs of the Union or of a State.
9. Article 340 enables the government to appoint a commission to investigate the conditions of socially and educationally backward classes.

Children

Children are another group, who are exploited and oppressed, denied of basic human rights and a dignified childhood. The legal system has reached out to their problems by the following Constitutional provisions:

1. Article 24 prohibits employment of children in factory etc. It states that, no children below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
2. Article 39 (e) ---the tender age of children should not be abused and citizen should not be forced by economic necessity to enter avocations unsuited to their age and strength.
3. Article 39 (f) ---children should be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
4. Article 45 ---the state shall endeavor to provide within a period of the years from the commencement of the Constitution, for free and compulsory education for all children until complete the age of 14 years.
5. Since our constitution has made commitment for protection and promotions of rights of children, various laws have been passed to safeguard their childhood. A year wise details of efforts taken to provide legislative protection are discussed below:
6. 1948 ---The Factory Act 1948, raised minimum age of employment in factories to 14 years. Therefore, it declares that children can not be employed in industries.
7. Employment of Children (Amendment) Act 1949 also restricts employment of children below 14 years of age in establishments covered by that Act.
8. Employment of Children (Amendment) Act 1957, (as a result of ILO convention relating to night work by young persons) has prohibited the employment of children between 15 and 17 years at night in railways and ports and also provided for requirement of maintaining register for children under 17 years.
9. The Employment of Children (Amendment) Act, 1978 prohibits employment of child below 15 years in occupation in railway premises such as cinder picking or cleaning or ash pit or building operations, in catering establishment and in any other work which is carried on in close proximity to or between the railway lines.
10. The Child Labour (Prohibition & Regulation) Act 1986. The Act prohibits the employment in seven occupations and eighteen processes which have been listed out in art A & B of the Schedule of the Act – of any person who has not completed his/her 14 years of age.
11. Juvenile Justice Act, 2000

Rights of Workers

1. The State shall make provision for securing just and humane conditions of work and for maternity relief. The state shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, industrial, agricultural or otherwise, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas (Article 43).
2. By the 42nd Amendment to the Constitution, the State was enjoined to take steps, by suitable legislation or any other way, to secure the participation or workers in the management of undertakings, establishments of other organisations engaged in any industry (Article 43A)

The right to work as such cannot be granted by any liberal democratic state simply because it does not control all the means of production. The system of social insurance is also provided by only developed industrial countries though its operation is unstable. For a developing country like India the promise of universal right to work and/or social insurance is obviously too ambitious.