Chapter 6 Confronting Marginalisation

In the previous chapter, we examined the experiences of inequality and discrimination faced by certain groups in India. Despite facing powerlessness and exclusion, these groups have historically engaged in struggles, protests, and various strategies to resist being dominated or pushed to the margins by others.

Over time, marginalised groups have adopted a range of approaches to improve their situation, including seeking religious solace, engaging in armed struggle, pursuing self-improvement and education, and striving for economic upliftment. The specific strategy chosen has often depended on the circumstances the marginalised community faced.

Groups such as Adivasis, Dalits, Muslims, women, and other marginalised communities assert that their status as citizens of a democratic country inherently grants them **equal rights** that must be respected. Many of them find the **Constitution of India** to be a crucial document in addressing their concerns and supporting their struggles.

This chapter will explore some of the ways in which groups and individuals challenge existing inequalities, focusing on how marginalised groups invoke the Constitution. It will also examine how constitutional rights are translated into specific **laws** designed to protect these groups from ongoing exploitation and look at government **policies and schemes** aimed at promoting their access to development opportunities.

Invoking Fundamental Rights

The Constitution, as established in the first chapter, lays down the fundamental principles that form the basis of India's democratic society and polity. These principles are enshrined in the **Fundamental Rights**, which are available to all citizens of India equally.

Marginalised groups have actively used these Fundamental Rights in their struggles in two significant ways:

1. By strongly asserting their **Fundamental Rights**, they have compelled the government to **recognise the injustice** and discrimination they face.
2. They have demanded that the government actively **enforce** existing laws and constitutional provisions that protect their rights.

Furthermore, the struggles and advocacy of marginalised groups have often influenced the government to create **new laws** that align with the spirit and principles of the Fundamental Rights, providing more specific protections against discrimination and exploitation.

Specific examples from the Constitution used by marginalised groups:

• **Article 17:** This Article explicitly states that **untouchability has been abolished**. This has profound implications: it legally prohibits anyone from preventing Dalits from accessing education, entering temples, or using public facilities. Importantly, it declares the practice of untouchability a **punishable crime**, signifying that it is unacceptable in a democratic society.
• **Article 15:** This Article prohibits discrimination against any citizen of India based on their religion, race, caste, sex, or place of birth. Dalits have invoked this right to demand **equality** in situations where they face discrimination.

The poem by **Soyrabai**, a Dalit poet from 14th-century Maharashtra, challenges the caste-based notion of purity. By arguing that all humans are born from a "bloody womb" and that impurity comes from within ("thoughts, values and beliefs") rather than the body or work done, she questions the basis of untouchability and caste hierarchy, asserting a form of inherent human equality despite societal divisions.

When marginalised groups feel they have been mistreated or discriminated against by individuals, communities, or the government, they can "**invoke**" or "**draw on**" these Fundamental Rights enshrined in the Constitution. They bring the government's attention to the constitutional mandate, demanding that the government uphold the Constitution and deliver justice to them.

Similarly, **minority groups** (religious and linguistic) have relied on the Fundamental Rights section, particularly the **right to freedom of religion and cultural and educational rights**. These rights empower distinct cultural and religious groups, like Muslims and Parsis, to protect and preserve the content of their culture and make decisions about its maintenance. By granting these rights, the Constitution aims to ensure **cultural justice**, preventing the culture of minority groups from being dominated or erased by the majority culture.

Promoting Social Justice

The government plays an active role in promoting social justice for marginalised communities. Beyond merely making laws, both state and central governments implement specific **policies and schemes** designed to benefit these groups and address historical disadvantages.

These policies are developed through various processes, such as setting up committees to study the status of communities (like the Sachar Committee for Muslims), conducting surveys, or in response to demands and advocacy from marginalised groups and activists. The government then works to promote these policies to create opportunities for specific groups.

As part of their commitment to implementing the principles of the Constitution and promoting social justice, governments create specific schemes for areas with high tribal or Dalit populations. For instance, governments provide **free or subsidised hostels** for students from Dalit and Adivasi communities. This helps these students access educational facilities that may not be available in their local areas, addressing a key barrier to their advancement.

One highly significant and often debated law/policy in India aimed at addressing inequity is the **reservation policy**. This policy reserves seats for Dalits (Scheduled Castes) and Adivasis (Scheduled Tribes) in educational institutions and government employment. The rationale behind this policy is that certain sections of the population have historically faced centuries of denial of opportunities to learn, work, and develop skills due to social discrimination (particularly the caste system). A democratic government has a responsibility to intervene and provide assistance to these sections to enable them to catch up and participate equally in society.

How the reservation policy generally works:

• Governments (both central and state) maintain official lists of castes classified as Scheduled Castes (Dalits), Scheduled Tribes, and Other Backward Classes (OBCs).
• Individuals from these listed castes or tribes applying for admission to educational institutions or government jobs need to provide proof of their status, typically through a **caste or tribe certificate**.
• If a candidate belongs to a caste or tribe on the government's list, they are eligible to avail of the benefits of reservation.
• For college admissions, particularly in professional fields, governments set specific "**cut-off**" marks. This means that while seats are reserved, candidates must still achieve a certain minimum standard to qualify, ensuring that not all candidates from these communities are automatically admitted, but only those who perform reasonably well.

Governments also provide additional support to these students through special scholarships and financial aid.

Reservation plays a crucial role in providing social justice to Dalits and Adivasis because it is a concrete measure designed to counteract the cumulative effects of historical discrimination and denial of opportunity. By setting aside seats, it aims to ensure their representation in education and employment, enabling their socio-economic mobility and helping to break the cycle of marginalisation caused by centuries of oppression.

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Protecting The Rights Of Dalits And Adivasis

Beyond implementing policies and schemes, India has specific laws enacted to protect marginalised communities from discrimination, exploitation, and violence. These laws are crucial tools in confronting marginalisation.

The well-known Bhakti poet **Kabir** (15th century) also challenged social hierarchies, particularly those based on religion and caste. His poetry, influenced by the Bhakti tradition's emphasis on spiritual equality, criticised those who defined individuals by their identities. Kabir believed in the inherent equality of all human beings and the dignity of labour, celebrating the work of ordinary people like potters, weavers, and water carriers. His courageous challenge to established hierarchies continues to inspire Dalits and other marginalised groups.

The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989

The **Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act** was enacted in **1989**. This law was a response to strong demands from Dalits and other groups highlighting the continued ill-treatment and humiliation faced by Dalits and tribal communities in their daily lives. The late 1970s and 1980s saw increased violence against Dalits as assertive Dalit groups challenged traditional practices and demanded equal rights, refusing to perform caste-based humiliating tasks. Dalits demanded new laws that would specifically list the forms of violence they faced and stipulate strict punishments for offenders.

Rathnam's story from the village of Jakmalgur illustrates how this Act provides protection. Rathnam, a 20-year-old Dalit engineering student, refused to perform a traditional ritual during a village festival that involved a Dalit community member washing the feet of priests and bathing in that water. This ritual was seen as a humiliating caste duty, although previously considered an honour. Rathnam's refusal, stemming from his education and belief in equality, angered the powerful castes and even some members of his own community (who feared repercussions).

The powerful castes reacted by ordering the social boycott (**ostracisation**) of Rathnam and his family, prohibiting anyone from interacting with them or providing work. When Rathnam's hut was set on fire one night, he used the **1989 Act** to file a case at the local police station. He sought legal protection against the domination, violence, and discrimination based on his caste status.

The Dalit families in Rathnam's village were afraid of angering the powerful castes because many relied on them for daily wage labour on their fields. Defiance could lead to denial of work, making survival difficult. They also feared reprisal or violence against themselves.

Rathnam's refusal to perform the ritual violated his **Fundamental Rights**, specifically his right to dignity and potentially his Right to Freedom (from forced practice) and Right to Equality (challenging discriminatory practice). By using the 1989 Act, he challenged the caste system's power structure and demanded that his constitutional rights be upheld.

The 1989 Act lists various specific crimes against Dalits and Adivasis, acknowledging the severe nature of the atrocities they face. The Act's provisions aim to both punish perpetrators and influence societal attitudes and behaviours.

The Act classifies crimes and lists modes of humiliation and exploitation:

• **Physically horrific and morally reprehensible humiliation:** This includes forcing members to eat or drink inedible substances, forcibly removing their clothes, parading them naked or painted, or any other act derogatory to human dignity. These are considered heinous acts that violate fundamental human decency and dignity.
• **Actions dispossessing Dalits and Adivasis or forcing slave labour:** This includes wrongfully occupying or cultivating land owned by or allotted to a member of SC/ST, or getting their land transferred illegally. It also covers forcing them into forms of bonded or slave labour.
• **Crimes against Dalit and tribal women:** The Act specifically penalises assault or use of force against a woman belonging to SC/ST with the intent to dishonour her.

The term **morally reprehensible** refers to acts that are deeply objectionable, shameful, and go against the fundamental standards of decency, dignity, and morality that a society believes in. They are acts that evoke revulsion and condemnation.

The practice of **manual scavenging** is a stark example of how untouchability persists and violates Fundamental Rights. It involves the removal of human waste from dry latrines by hand, a task traditionally performed by Dalit women and girls who are then considered "untouchable." This work subjects them to subhuman conditions, severe health risks (eyes, skin, respiratory, gastrointestinal infections), and very low wages. Despite the abolition of untouchability by the Constitution, manual scavengers continue to face social exclusion and denial of access to public facilities.

Manual scavenging violates several Fundamental Rights:

• **Right against Exploitation:** It involves forced or near-forced labour under inhumane conditions for extremely low wages, violating the prohibition of forced labour and exploitation.
• **Right to Life and Personal Liberty (Article 21):** The practice exposes individuals to severe health hazards and indignity, violating their right to a life with dignity and safety.
• **Right to Equality (Article 14):** The practice is rooted in caste-based discrimination and denial of dignity and equal treatment.

The government passed the **Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act in 1993**, prohibiting both manual scavenging and the construction of dry latrines. However, the practice continued. In 2003, the **Safai Karamchari Andolan** and others filed a **PIL** in the Supreme Court, complaining that manual scavenging still existed, even in government undertakings like the railways, and seeking the enforcement of the Fundamental Rights of manual scavengers. The Supreme Court acknowledged the persistence of the practice and directed governments to identify manual scavengers and implement time-bound programs for their liberation and rehabilitation. This led to a new law, the **Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013**.

These photos depict activism against manual scavenging, showing the demolition of a dry latrine by members of the Safai Karamchari Andolan and a manual scavenger at work. These images highlight the degrading nature of the practice and the efforts by activists and organisations to eradicate it and secure dignity and rights for those forced into this labour.

Adivasi Demands And The 1989 Act

The 1989 Act is also relevant to the struggles of Adivasis. **Adivasi activists** utilise this Act to assert their rights, particularly concerning their traditional land. They point out that Adivasis are often forcibly displaced from their lands, which are then encroached upon. Activists demand that those who illegally occupy tribal lands be punished under the 1989 Act.

They argue that the Act reinforces existing constitutional promises: tribal land cannot be legally bought or sold by non-tribal people. Where such illegal transfers have occurred, the Constitution guarantees tribal people the right to re-possess their land.

**C.K. Janu**, an Adivasi activist, has highlighted that state governments are sometimes violators of the constitutional rights of tribal people. Governments, she argues, permit non-tribal encroachers (like timber merchants or paper mills) to exploit tribal land and forcibly evict tribal communities from their traditional forests by declaring them as reserved forests or sanctuaries. She advocates that when tribals are evicted and cannot return to their lands, they must receive adequate **compensation** and be provided with government plans for their resettlement and employment elsewhere. Since governments invest heavily in projects on land taken from tribals, they should not hesitate to allocate resources for their rehabilitation.

The central government passed the **Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act in 2006**. This Act explicitly aims to correct the historical injustices faced by forest-dwelling populations by formally recognising their rights to forest land and resources. It acknowledges their rights to homestead land, cultivable and grazing land, and non-timber forest produce. The Act also links the rights of forest dwellers with the responsibility for conservation of forests and biodiversity.

Conclusion

This chapter has illustrated that the existence of a right, law, or policy in formal documents does not automatically guarantee its realisation in practice. Achieving equality, dignity, and respect for marginalised communities requires continuous effort and struggle by the people themselves. The desire for these fundamental aspects of human life is not new but has a long history in various forms of resistance.

Even within a democratic framework, the process of confronting marginalisation involves ongoing struggle, advocacy, negotiation, and organising by affected groups and their allies. These persistent efforts are necessary to translate constitutional principles and legal provisions into tangible changes that guide the actions of citizens and leaders alike. The journey towards a truly equitable society is an ongoing process of confronting and overcoming marginalisation.

**Assertive:** Expressing oneself and one's views strongly and confidently.

**Confront:** To face or challenge someone or something directly; in this context, it means groups actively challenging their marginalised status.

**Dispossessed:** Having had ownership or authority taken away from someone.

**Ostracise:** To exclude or banish someone from a group or society through a social boycott.

**Morally reprehensible:** Actions that violate the fundamental norms of decency, dignity, and morality considered acceptable by a society, often referring to acts that are shocking and repugnant.

**Policy:** A planned course of action or set of principles adopted by a government, institution, or individual to guide decisions and achieve future goals.