Class 8 Civics Chapter 8 Notes - Confronting Marginalisation

Invoking Fundamental Rights

• The Constitution establishes democratic principles and Fundamental Rights that are equally available to all Indians.
• Marginalized groups assert their Fundamental Rights to address injustices and compel the government to uphold these rights.
• Article 17 of the Constitution abolishes untouchability, ensuring equal access for Dalits to education, temples, and public facilities, and prohibits untouchability practices.
• Article 15 reinforces the fight against untouchability by prohibiting discrimination based on religion, race, caste, sex, or place of birth.

• Dalits and other minority groups utilize Fundamental Rights to demand justice from individuals, communities, or the government.
• Minority groups, such as Muslims and Parsis, leverage rights to freedom of religion and cultural and educational rights to preserve and protect their cultural heritage.
• The Constitution safeguards cultural justice for minority groups, ensuring their cultures are respected and not overshadowed by the majority community.

Laws for the Marginalized

• Governments create laws not only to protect citizens but also to address the needs of marginalized populations.
• Apart from formal legislation, specific policies and schemes are designed for marginalized groups through various processes such as committee formations or surveys.
• Efforts are made by the government to implement and promote these policies to provide opportunities for these specific groups.
  

Promoting Social Justice

• Both state and central governments create specific schemes to implement the Constitution in tribal areas or areas with a high Dalit population.
• Examples include providing free or subsidized hostels for Dalit and Adivasi students to access education facilities not available locally.
• Government enforces laws like the reservation policy to address inequity, reserving education and employment seats for Dalits and Adivasis.
• The reservation policy is based on the argument that historically marginalized groups need support to access opportunities for learning and employment.
  

Implementation of Reservation Policy

• Governments maintain lists of Scheduled Castes, Scheduled Tribes, and backward castes for reservation benefits.
• Applicants to educational institutions and government positions must provide caste or tribe certificates to prove their status.
• Candidates from listed Dalit castes or tribes can benefit from reservation policies.
• Admission to professional colleges involves cut-off marks, ensuring qualified Dalit and tribal candidates receive reservation benefits.
• Special scholarships are offered to Dalit and Adivasi students, with specific criteria for eligibility.

Protecting the Rights of Dalits and Adivasis

• Specific laws in our country protect marginalized communities like Dalits and Adivasis from discrimination and exploitation.
• Example case study: Jakmalgur village prepares for a festival where a Dalit member washes priests' feet, a ritual considered an honor despite being excluded from the temple.
• Rathnam, a college student, refused to participate in the ritual, citing lack of faith and coercion faced by Dalits in performing such practices.
• His refusal angered powerful castes and some in his own community, fearing repercussions like loss of livelihood and divine punishment.
• Rathnam faced ostracism and violence, leading to his hut being set on fire, prompting him to seek legal recourse under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
• Despite initial fear, media coverage turned Rathnam into a symbol of Dalit resistance, resulting in the cancellation of the ritual but forcing his family to relocate due to continued social exclusion.

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

• Rathnam used this Act in 1989 to address the dominance and violence by powerful castes in his village.
• The Act was created in response to the mistreatment and humiliation faced by Dalits and tribal groups, especially during the violent late 1970s and 1980s.
• Assertive Dalit groups emerged during this period, demanding equal treatment and refusing to comply with discriminatory practices, leading to violence from dominant castes.
• Dalit groups advocated for new laws to combat untouchability and various forms of violence against them, seeking stringent punishment for offenders.
• Adivasi people organized in the 1970s and 1980s, demanding equal rights and the return of their land and resources, facing violence from powerful social groups.
• The Act details a range of heinous crimes, aiming to expose the capabilities of human beings and influence societal behavior.
• The Act categorizes offenses, addressing acts of physical and moral humiliation, such as forcing consumption of inedible substances or disrobing individuals in public.
• Additionally, the Act punishes those who wrongfully seize land from Scheduled Castes or Scheduled Tribes and those who assault women from these communities with dishonorable intent.

The Scourage of Manual Scavenging

• Manual scavenging involves the manual removal of human and animal waste using basic tools like brooms, plates, and baskets from dry toilets, carried on the head to disposal sites, a task typically performed by Dalit women and young girls.
• According to the Safai Karamchari Andolan, around one lakh individuals from Dalit communities are engaged in manual scavenging across 26 lakh private and community dry latrines managed by municipalities in India.
• Manual scavengers endure deplorable working conditions and severe health risks, constantly exposed to infections affecting various body systems like eyes, skin, respiratory, and gastrointestinal, while receiving meager wages, with urban workers earning around 200 rupees per day.
• Despite the abolition of untouchability by the Indian Constitution, manual scavengers such as the Bhangis in Gujarat, Pakhis in Andhra Pradesh, and Sikkaliars in Tamil Nadu are still marginalized, living in segregated settlements, denied access to basic amenities like temples and public water facilities.
• In 1993, the government enacted the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, banning manual scavenging and the construction of dry latrines. Subsequently, in 2013, the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act was implemented to eradicate manual scavenging and ensure rehabilitation.
  

Adivasi Demands and the 1989 Act

• The 1989 Act holds significance as Adivasi activists use it to uphold their right to occupy traditionally owned land.
• Adivasis are often resistant to leaving their lands and are sometimes forcefully displaced.
• Activists advocate for the punishment of those who have illegally encroached upon tribal lands under this law.
• The Act reaffirms the constitutional promise that tribal land cannot be sold to or bought by non-tribal individuals.
• If such transactions occur, tribal people have the constitutional right to reclaim their land.
  

Government Responsibilities

• Governments in various Indian states are highlighted as violators of tribal rights by permitting non-tribal entities like timber merchants and paper mills to exploit tribal lands.
• Governments are also accused of enabling the forced eviction of tribals from their ancestral forests during the establishment of forest reserves or sanctuaries.
• In cases where tribal individuals are already displaced and unable to return to their lands, they should receive compensation.
• Governments are urged to create plans and policies for the resettlement and livelihoods of displaced tribal communities, considering the substantial funds allocated for industrial or developmental projects on tribal lands.

Conclusion

• Existence of a right, law, or policy on paper doesn't guarantee its actual existence in reality.
• Efforts are required to translate these theoretical constructs into guiding principles for citizens and leaders.
• The enduring desire for equality, dignity, and respect has persisted throughout history.
• In democratic societies, ongoing processes of struggle, writing, negotiation, and organization are necessary.

Key Terminologies

• Assertive: An assertive person or group is one that can express themselves and their views strongly.
• Confront: To come face to face or to challenge someone or something.
• Dispossessed: To possess is to own something and to be dispossessed is to have to give up ownership or to give up authority.
• Ostracise: This means to exclude or banish an individual or a group.
• Morally reprehensible: This refers to an act that violates all norms of decency and dignity that a society believes in. It usually refers to a hideous and repugnant act that goes against all the values that a society has accepted.
• Policy: A stated course of action that provides direction for the future, sets goals to be achieved or lays ot principles or guidelines to be followed and acted upon. In this chapter, we have referred to government policies. But other institutions like schools, companies, etc. also have policies.