6.2 - Laws for the Marginalised

The Indian Constitution guarantees various rights to ensure social justice for all, especially for marginalized groups. These laws and policies are meant to protect people from discrimination and exploitation. The marginalized groups in India include Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), women, children, and differently-abled individuals. Below are key laws and provisions that protect the rights of these groups.

1. The Constitution of India

The Indian Constitution, adopted in 1950, contains several provisions aimed at safeguarding the interests of marginalized groups. These include:

• Article 14: Provides for equality before the law and equal protection of the laws to all individuals.
• Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 17: Abolishes untouchability and forbids its practice in any form.
• Article 46: Promotes the welfare of the weaker sections of society, particularly SCs, STs, and other socially backward classes.

2. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

This law was enacted to prevent atrocities and discrimination against SCs and STs. It provides legal recourse for individuals who face discrimination or violence due to their caste. The law outlines specific offenses, including:

• Hurt, intimidation, or insult on the grounds of caste
• Sexual exploitation and abuse
• Forcible removal from homes or social boycott

3. The Right to Education Act, 2009

This law ensures free and compulsory education for children between the ages of 6 to 14 years, especially focusing on marginalized communities. It aims to bridge the educational gap between different social groups, providing equal opportunities to children from disadvantaged backgrounds.

4. The Protection of Women from Domestic Violence Act, 2005

This law was introduced to protect women from domestic violence. It recognizes various forms of abuse—physical, emotional, sexual, and economic—and provides legal relief to women who are subjected to violence. The law also offers shelters and financial support for affected women.

5. The Rights of Persons with Disabilities Act, 2016

This law aims to ensure the equal rights and opportunities of differently-abled individuals. It provides for:

• Access to education, employment, and public spaces
• Provision of assistive devices and technologies
• Social security schemes and welfare measures

6. The Forest Rights Act, 2006

This law recognizes the rights of forest-dwelling communities, particularly tribals, over forest land and resources. It aims to ensure that tribals have access to resources they depend on for their livelihood and gives them a legal framework for claiming their rights over traditional forest lands.

7. The National Rural Employment Guarantee Act (NREGA), 2005

NREGA provides guaranteed employment to rural households, especially for marginalized communities like SCs and STs. This act guarantees a minimum of 100 days of paid work each year, aiming to reduce poverty and provide social security to vulnerable communities.

8. The Prevention of Child Labour Act, 1986

This act prohibits the employment of children below 14 years of age in hazardous occupations. It aims to protect children from exploitation and ensure that they are provided with the opportunity to attend school and develop in a safe environment.

9. The Equal Remuneration Act, 1976

This law mandates that both men and women should be paid equal remuneration for equal work. It aims to eliminate gender-based wage discrimination, ensuring that marginalized women workers receive fair wages for their labor.

10. The National Commission for Scheduled Castes and Scheduled Tribes (NCSCT) Act, 1992

This law provides for the establishment of a National Commission to safeguard the rights and interests of Scheduled Castes and Scheduled Tribes. The Commission is empowered to investigate complaints and take necessary actions against discriminatory practices.

These laws are a step towards achieving social justice for marginalized communities. However, their implementation and effectiveness often depend on the support of both the government and the society at large to ensure that these laws create meaningful change for the marginalized groups in India.