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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.
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:
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:
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:
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:
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.
By: Parveen Bansal ProfileResourcesReport error
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