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SOCIAL

EMPOWERMENT

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SOCIAL
EMPOWERMENT
SOCIAL EMPOWERMENT is understood as
the process of developing a sense of autonomy and
self-confidence, and acting individually and
collectively to change social relationships and the
institutions and discourses that exclude poor
people and keep them in poverty.

Poor peoples empowerment, and their ability


to hold others to account, is strongly influenced by
their individual assets (such as land, housing,
livestock, savings) and capabilities of all types:
human (such as good health and education), social
(such as social belonging, a sense of identity,
leadership relations) and psychological (self-esteem,
self-confidence, the ability to imagine and aspire to
a better future). Also important are peoples
collective assets and capabilities, such as voice,
organisation, representation and identity.
ECONOMIC EMPOWERMENT refers to choice
before poor people to think beyond immediate daily
survival and to exercise greater control over both
their resources and life choices. For example, it
enables households to make their own decisions
around making investments in health and
education, and taking risks in order to increase
their income. There is also some evidence that
economic empowerment can strengthen vulnerable
groups participation in the decision-making. For
example, microfinance programmes have been
shown to bolster womens influence within the
household and marketplace. The evidence also
suggests that economic power is often easily
converted into increased social status or decisionmaking power. The literature on economic
empowerment is vast, and a large part of this
focuses on the economic empowerment of
marginalised sections of Society-a key strategy in
addressing gender inequality. More generally, the
discourse on economic empowerment centres
around four broad areas: a) the promotion of the
assets of poor people; b) transformative forms of
social protection; c) microfinance; and d) skills
training.
POLITICAL EMPOWERMENT is very much
associated peoples ability to ensure accountability,
among the political office holders. The empowerment
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and accountability agenda thus takes an integrated


view of how people can gain the necessary
resources, assets, and capabilities to demand
accountability from those who hold power. This
requires not only social and political empowerment,
which forms the basis of transformed relations with
the state, but also economic empowerment, which
enhances peoples abilities to engage. The
underlying logic is that greater empowerment also
allows for greater accountability.

Work to empower poor people and give them


greater control over their own development is
closely linked to, and reinforces, work to build
accountable
and
responsive
government
institutions that can meet the needs of poor people.
It also supports the development of inclusive
political institutions through which poor peoples
interests can be meaningfully represented. Access
to information, for example, is an important precondition for citizens ability to hold decision makers
to account. Free and independent media, civil and
political society can also strengthen the demand
for accountability. They play a key role in providing,
collecting and analysing information to inform
advocacy as well as citizen engagement in social
accountability mechanisms. Civil Society mobilisation is a way of supporting citizens political
empowerment by amplifying their voices, as well
as an important vertical accountability mechanism
for holding state institutions and service providers
to account.

It is commonly argued that supporting people


to influence the policy-making process and
participate in decision-making is critical to the
development of policies that reflect the needs and
interests of the poor. Promoting political participation is an important way of improving state
accountability and responsiveness, and empowering
the poor. This can encompass a range of approaches,
including strengthening democratic citizenship,
promoting engagement between the state and civil
society, promoting access to information, and
strengthening citizens associations. Decentralisation,
civil society activism, and the transparency of and
access to information also play a key role in
strengthening accountability.
[1]

2. The State shall, in particular, strive to minimize


the inequalities in income, and endeavour to
eliminate inequalities in status, facilities and
opportunities, not only amongst individuals
but also amongst groups of people residing in
different areas or engaged in different
vocations.

CONSTITUTIONAL PROVISIONS
RELEVANT TO SOCIAL JUSTICE &
EMPOWERMENT, AS A WHOLE

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Preamble:
"......to secure to all its citizens: JUSTICE, social,
economic and political ;
* * * * *

EQUALITY of status and of opportunity; and


to promote among them all FRATERNITY
assuring the dignity of the individual and the unity
and integrity of the Nation...." are the first, third
and fourth goals, respectively, mentioned in the
Preamble.

Article 39. (DPSP) Certain principles of policy


to be followed by the State -

The State shall, in particular, direct its policy


towards securing -

No child below the age of fourteen years shall


be employed to work in any factory or mine or
engaged in any other hazardous employment.

a. that the citizens, men and women equally,


have the right to an adequate means of
livelihood;
b. that the ownership and control of the
material resources of the community are so
distributed as best to subserve the common
good;
c. that the operation of the economic system
does not result in the concentration of wealth
and means of production to the common
detriment;
d. that there is equal pay for equal work for
both men and women;
e. that the health and strength of workers, men
and women, and the tender age of children
are not abused and that citizens are not
forced by economic necessity to enter
avocations unsuited to their age or strength;
f. that children are 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.

Article 37. (DPSP) Application of the principles


contained in this Part -

Article 39A. (DPSP) Equal justice and free legal


aid -

The State shall secure that the operation of the


legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free
legal aid, by suitable legislation or schemes or in
any other way, to ensure that opportunities for
securing justice are not denied to any citizen by
reason of economic or other disabilities.

Fundamental Rights: Article 23. Prohibition of


traffic in human beings and forced labour

1. Traffic in human beings and beggar and


other similar forms of forced labour are
prohibited and any contravention of this
provision shall be an offence punishable in
accordance with law.
2. Nothing in this article shall prevent the State
from imposing compulsory service for public
purposes, and in imposing such service the
State shall not make any discrimination on
grounds only of religion, race, caste or class
or any of them.

Fundamental Rights: Article 24. Prohibition of


employment of children in factories, etc. -

The provisions contained in this Part shall not


be enforceable by any court, but the principles
therein laid down are nevertheless fundamental
in the governance of the country and it shall
be the duty of the State to apply these principles
in making laws.

Article 38. (DPSP) State to secure a social order


for the promotion of welfare of the people

1. The State shall strive to promote the welfare


of the people by securing and protecting as
effectively as it may a social order in which
justice, social, economic and political, shall
inform all the institutions of the national life.

[2]

Article 46. (DPSP) Promotion of educational and


economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections -

The State shall promote with special care, the


educational and economic interests of the
weaker sections of the people, and, in particular,
of the Scheduled Castes and the Scheduled

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democracy had to be backed by social and


economic democracy. Therefore, what was
required was a strong constitutional mechanism
for protection of interests and rights of
vulnerable or weaker sections of society and at
the same time special schemes and programmes
for their welfare, development and empowerment.

Tribes, and shall protect them from social


injustice and all forms of exploitation.

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SOCIAL EMPOWERMENT OF
MARGINALISED SECTIONS OF SOCIETY
To be marginalized is to be forced to occupy
the sides or fringes and thus not be at the centre of
things. This is something that everyone probably
experienced sometimes in their life. In the society,
some groups of people or communities may have
the experience of being excluded. Their marginalisation can be because they speak a different
language, follow different customs or belong to a
different religious group from the majority
community. They may also feel marginalised
because they are poor, considered to be of low
social status and viewed as being less human than
others.

Sometimes, marginalised groups are viewed


with hostility and fear. This sense of difference and
exclusion leads to communities not having access
to resources and opportunities and in their inability
to assert their rights. They experience a sense of
disadvantage and powerlessness vis-a-vis more
powerful and dominant sections of society, who
own land, are wealthy, better educated and
politically powerful. Thus, marginalisation is seldom
experienced in one sphere. Economic, social, cultural
and political factors work together to make certain
groups in society feel marginalised.
 After independence the Constitution of India,
keeping in view the desires and aspirations of
the people, values strengthened during national
freedom movement and the ideas prevailing in
the world, envisaged for State not only a
democratic political order but also the goals of
Justice, Liberty, Equality and Fraternity. These
goals are clearly reflected in the preamble of
the Constitution, in parts on Fundamental
Rights and Directive Principles and other
specific Articles in the Constitutions, in parts
on Fundamental Rights and Directive Principles
and other specific Articles in the Constitution.


All these provisions suggest that India is a


welfare state, committed to the welfare and
development of its people in general and of
vulnerable sections in particular. The vulnerable
sections in India include Scheduled Castes,
Scheduled Tribes and Other Backward Classes,
Women, Minorities, Disabled and Children. For
the welfare of these people mere guaranteeing
of right to equality or universal adult franchise
were not sufficient. The ideal of political

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EMPOWERMENT OF SCHEDULED
CASTES AND SCHEDULED TRIBES

Scheduled Casts are people belonging to those


castes, races which have been or may in future
be specified in a list in accordance with Article
341 of the Constitution. In traditional terms
these are the people who were considered
outcastes, categories as untouchables. This was
a part of the rigid caste system dividing the
Indian society into high and low on the basis
of birth without any logic or rationale. The
people of lower castes considered untouchables
were assigned mental jobs and occupations.
They were oppressed and exploited by those who
belonged to the higher castes. Economically and
socially they remained extremely poor and
marginalized.

During the course of history there had been


emerging voices against the caste system.
Religious and social reformers have been raising
voices against it and for its abolition. Religious
movements like Buddhism, Jainism, Sikhism and
Bhakti movement in general had rejected the
social and ritual justification of this caste system
and oppression. The system, however has
remained. During colonial period with the
arrival of western liberal values and rise of
socio-religious reform movements the question
of caste discrimination came to the forefront.
Within lower caste people themselves, there
emerged a consciousness and awareness about
their plight and demand for change.

Dr. B.R. Ambedkar and Mahatma Gandhi, in


particular, though in different ways, had
brought up the issue of caste discrimination in
a significant way. British colonial government,
for various reasons had begun formulating some
policies including those of reservations, for these
castes. The national movement made the issue
of Scheduled Castes upliftment part of its
agenda. As such at the time of independence,
there was both a demand and commitment for
SCs welfare and development. The government,
[3]

therefore, took up the task of SCs welfare right


from the time of enactment of the Constitution.
Another social category economically, socially
and politically marginalized is that of Scheduled
Tribes. Legally like Scheduled Castes, tribes are
people belonging to tribes or tribal communities
specified in the list of such tribes as per Article
342 of the Constitution. Scheduled Tribes are
weaker sections not in terms of caste. They are
the people who have been living in remote forest
areas and hill tracks as tribes without any access
to modern socio-economic inputs.

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Constitution of India itself prescribed certain


protective measures, safeguards and welfare
measures for these sections and on the other hand
successive FiveYear Plans have also regarded the
welfare of SCs and STs as a major objective of
development policy. In addition, both the Union
and State Governments have taken up specific steps
and launched various schemes and programmes
for their improvement.
 The Constitution prescribes protection and
safeguards for Scheduled Castes and Scheduled
Tribes. It also prescribes safeguard measures
for other weaker sections either specially or by
way of insisting on their general rights as
citizens with the objective of promoting their
educational and economic interests and
removing social disabilities.

It is difficult to define the tribal peoples of India


in terms of any single set of formal criteria.
They are popularly believed to constitute the
aboriginal element in Indian society. But most
tribals share certain common features like;
nature of regality, illiteracy, economic
backwardness, and social deprivation.
Historically, one of the principal features of the
tribal population has been its ecological,
economic and social isolation. For centuries, the
tribal people have been confined to hills and
forests. This isolation has left definite impression
on their social systems. It has also given them,
in spite of wide cultural variations, a common
destiny in the Indian society.

Like Scheduled Castes, it was during British


colonial rule that there emerged a tribal
consciousness. Here, the reason was little
different. As mentioned above for centuries tribal
areas had remained disconnected with the
mainland and mainstream. Therefore, they
were outside the effective control of state and
state laws.
They had their own economy, tribal laws and
customs. It was during British rule that with
the extension of administration all over and
lying of railways, roads, etc. that tribal area
came under direct administrative control.
Along with administrators, traders, money
lenders and entrepreneurs also reached tribal
areas. Tribals were deprived of their land and
autonomy. In many cases there started tribal
revolts. There also emerged among national
movement leaders and British administration a
concern for protection and welfare of tribal
people.

The Scheduled Castes and Scheduled Tribes


have been the most disadvantaged and neglected
people in Indian society. Their situation and needs
were acknowledged by the framers of the
Constitution themselves. Thus, on the one hand

[4]

Article 17 of the Constitution abolishes


untouchability and forbid its practice in any
form. The untouchability (offences) Act was
passed in 1955. Its scope was enlarged and its
panel provisions were made more stringent by
amending it in 1976. It was renamed as
Protection of Civil Right Act. In 1989, another
Act called Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) was passed.

CONSTITUTIONAL PROVISIONS
RELEVANT TO SOCIAL JUSTICE &
EMPOWERMENT OF SCHEDULE CASTES

Definition and Specification of SCs: Article 341.


Scheduled Castes
1. The President may with respect to any State
or Union Territories

Fundamental Right: Article 17. Abolition of


Untouchability

"Untouchability" is abolished and its practice


in any form is forbidden. The enforcement of
any disability arising out of "Untouchability"
shall be an offence punishable in accordance
with law.

Fundamental Right: Article 25. Freedom of


conscience and free profession, practice and
propagation of religion.

1. Subject to public order, morality and health


and to the other provisions of this Part, all
persons are equally entitled to freedom of
conscience and the right to freely profess,
practice and propagate religion.

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2. Nothing in this Article shall affect the operation


of any existing law or prevent the State from
making any law

3. Nothing in this article shall prevent Parliament


from making any law prescribing, in regard to
a class or classes of employment or appointment
to an office under the Government of, or any
local or other authority within, a State or Union
Territory, any requirement as to residence
within that State or Union Territory prior to
such employment or appointment.

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a. * * * *
b. providing for social welfare and reform or
the throwing open of Hindu religious
institutions of a public character to all classes
and sections of Hindus.

2. No citizen shall, on grounds only of religion,


race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or
discriminated against in respect of, any
employment or office under the State.

Educational, Economic, and Public Employment-related Safeguards

Fundamental Right: Article 15. Prohibition of


discrimination on grounds of religion, race, caste,
sex or place of birth

1. The State shall not discriminate against any


citizen on grounds only of religion, race, caste,
sex, place of birth or any of them ;
2. No citizen shall, on grounds only of religion,
race, caste, sex, place of birth or any of them,
be subject to any disability, liability, restriction
or condition with regard to

a. access to shops, public restaurants, hotels and


places of public entertainment; or
b. the use of wells, tanks, bathing ghats, roads
and places of public resort maintained wholly
or partly out of State funds or dedicated to
the use of general public.
3. * * * *
4. Nothing in this article or in Clause(2) of Article
29 shall prevent the State from making any
special provision for the advancement of any
socially and educationally backward classes of
citizens or for the Scheduled Castes and the
Scheduled Tribes.
5. Nothing in this Article or in Sub-Clause (g) of
Clause(1) of article 19 shall prevent the State
from making any special provision, by law, for
the advancement of any socially and
educationally backward classes of citizens or
for the Scheduled Castes or the Scheduled
Tribes in so far as such special provisions relate
to their admission to educational institutions
including private educational institutions,
whether aided or unaided by the State, other
than the minority educational institutions
referred to in Clause(1) of Article 30.

Fundamental Right: Article 16. Equality of


opportunity in matters of public employment

1. There shall be equality of opportunity for all


citizens in matters relating to employment or
appointment to any office under the State.
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4. Nothing in this article shall prevent the State


from making any 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.
A. Nothing in this article shall prevent the State
from making any provision for reservation
in matters of promotion, with consequential
seniority, to any class or classes of posts in
the services under the State in favour of the
Scheduled Castes and the Scheduled Tribes
which, in the opinion of the State, are not
adequately represented in the services under
the State.

B. Nothing in this article shall prevent the State


from considering any unfilled vacancies of a
year which are reserved for being filled up
in that year in accordance with any
provision for reservation made under
Clause(4) or Clause(4A) as a separate class
of vacancies to be filled up in any succeeding
year or years and such class of vacancies
shall not be considered together with the
vacancies of the year in which they are being
filled up for determining the ceiling of fifty
per cent reservation on total number of
vacancies of that year.

Article 46. (DPSP) Promotion of Educational


and Economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections

1. The State shall promote with special care the


educational and economic interests of the
weaker sections of the people, and, in particular,
of the Scheduled Castes and the Scheduled
Tribes, and shall protect them from social
injustice and all forms of exploitation.
[5]

Article 320.

1. Seats shall be reserved for the Scheduled Castes


and the Scheduled Tribes, except the Scheduled
Tribes in the autonomous districts of Assam, in
the Legislative Assembly of every State.

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1. Nothing in Clause(3) shall require a Public


Service Commission to be consulted as respects
the manner in which any provision referred to
in Clause(4) of Article 16 may be made or as
respects the manner in which effect may be
given to the provisions of Article 335.

Article 332. Reservation of seats for Scheduled


Castes and Scheduled Tribes in the Legislative
Assemblies of the States

Article 335. Claims of Scheduled Castes and


Scheduled Tribes to services and posts

The claims of the members of the Scheduled


Castes and the Scheduled Tribes shall be taken
into consideration, consistently with the
maintenance of efficiency of administration, in
the making of appointments to services and
posts in connection with the affairs of the Union
or of a State:

Provided that nothing in this article shall


prevent in making of any provision in favour
of the members of the Scheduled Castes and
the Scheduled Tribes for relaxation in qualifying
marks in any examination or lowering the
standards of evaluation, for reservation in
matters of promotion to any class or classes of
services or posts in connection with the affairs
of the Union or of a State.

Political Safeguards

Article 330. Reservation of seats for Scheduled


Castes and Scheduled Tribes in the House of the
People 1. Seats shall be reserved in the House of the
People for -

a. the Scheduled Castes;


b. the Scheduled Tribes except the Scheduled
Tribes in the autonomous districts of Assam;
and
c. the Scheduled Tribes in the autonomous
districts of Assam.
2. The number of seats reserved in any State or
Union territory for the Scheduled Castes or the
Scheduled Tribes under Clause(1) shall bear,
as nearly as may be, the same proportion to
the total number of seats allotted to that State
or Union Territory in the House of the People
as the population of the Scheduled Castes in
the State or Union Territory or of the Scheduled
Tribes in the State or Union Territory or part of
the State or Union Territory, as the case may
be, in respect of which seats are so reserved,
bears to the total population of the State or
Union Territory.

[6]

2. ***

3. The number of seats reserved for the Scheduled


Castes or the Scheduled Tribes in the Legislative
Assembly of any State under Clause(1) shall
bear, as nearly as may be, the same proportion
to the total number of seats in the Assembly as
the population of the Scheduled Castes in the
State or of the Scheduled Tribes in the State or
part of the State, as the case may be, in respect
of which seats are so reserved bears to the total
population of the State.

Article 334. Reservation of seats and special


representation to cease after sixty years

Notwithstanding anything in the foregoing


provisions of this Part, the provisions of this
Constitution relating to
a. the reservation of seats for the Scheduled
Castes and the Scheduled Tribes in the House
of the People and in the Legislative Assemblies
of the States; and
b. the representation of the Anglo-Indian
community in the House of the People and
in the Legislative Assemblies of the States by
nomination, shall cease to have effect on the
expiration of a period of sixty years from
the commencement of this Constitution:

Provided that nothing in this article shall affect


any representation in the House of the People or in
the Legislative Assembly of a State until the
dissolution of the existing House or Assembly, as
the case may be.

The Panchayats: Article 243D. Reservation of


seats

1. Seats shall be reserved for -

a. the Scheduled Castes; and


b. the Scheduled Tribes,

In every Panchayat and the number of seats so


reserved shall bear, as nearly as may be, the same
proportion to the total number of seats to be filled
by direct election in that Panchayat as the
population of the Scheduled Castes in that
Panchayat area or of the Scheduled Tribes in that

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and the number of seats so reserved shall bear,


as nearly as may be, the same proportion to
the total number of seats to be filled by direct
election in that Municipality as the population
of the Scheduled Castes in the Municipal area
or of the Scheduled Tribes in the Municipal
area bears to the total population of that area
and such seats may be allotted by rotation to
different constituencies in a Municipality.

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Panchayat area bears to the total population of


that area and such seats may be allotted by rotation
to different constituencies in a Panchayat.
2. Not less than one-third of the total number of
seats reserved under Clause(1) shall be reserved
for women belonging to the Scheduled Castes
or, as the case may be, the Scheduled Tribes.
3. Not less than one-third (including the number
of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of
the total number of seats to be filled by direct
election in every Panchayat shall be reserved
for women and such seats may be allotted by
rotation to different constituencies in a
Panchayat.

4. The offices of the Chairpersons in the


Panchayats at the village or any other level
shall be reserved for the Scheduled Castes, the
Scheduled Tribes and women in such manner
as the Legislature of a State may, by law,
provide: Provided that the number of offices
of Chairpersons reserved for the Scheduled
Castes and the Scheduled Tribes in the
Panchayats at each level in any State shall bear,
as nearly as may be, the same proportion to
the total number of such offices in the
Panchayats at each level as the population of
the Scheduled Castes in the State or of the
Scheduled Tribes in the State bears to the total
population of the State: Provided further that
not less than one-third of the total number of
offices of Chairpersons in the Panchayats at
each level shall be reserved for women:
Provided also that the number of offices
reserved under this clause shall be allotted by
rotation to different Panchayats at each level.

5. The reservation of seats under Clauses(1) and


(2) and the reservation of offices of Chairpersons
(other than the reservation for women) under
Clause(4) shall cease to have effect on the
expiration of the period specified in Article 334.
6. Nothing in this Part shall prevent the
Legislature of a State from making any
provision for reservation of seats in any
Panchayat or offices of Chairpersons in the
Panchayats at any level in favour of backward
class of citizens.

The Municipalities: Article 243T. Reservation of


seats

1. Seats shall be reserved for the Scheduled Castes


and the Scheduled Tribes in every Municipality
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2. Not less than one-third of the total number of


seats reserved under Clause(1) shall be reserved
for women belonging to the Scheduled Castes
or, as the case may be, the Scheduled Tribes.
3. Not less than one-third (including the number
of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of
the total number of seats to be filled by direct
election in every Municipality shall be reserved
for women and such seats may be allotted by
rotation to different constituencies in a
Municipality.
4. The offices of Chairpersons in the Municipalities
shall be reserved for the Scheduled Castes, the
Scheduled Tribes and women in such manner
as the Legislature of a State may, by law,
provide.

5. The reservation of seats under Clauses(1) and


(2) and the reservation of offices of Chairpersons (other than the reservation for women)
under Clause(4) shall cease to have effect on
the expiration of the period specified in Article
334.
6. Nothing in this Part shall prevent the
Legislature of a State from making any
provision for reservation of seats in any
Municipality or offices of Chairpersons in the
Municipalities in favour of backward class of
citizens.

Agency for monitoring safeguards: Article 338.


National Commission for Scheduled Castes

1. There shall be a Commission for the Scheduled


Castes to be known as the National Commission
for the Scheduled Castes.
2. Subject to the provisions of any law made in
this behalf by Parliament, the Commission shall
consist of a Chairperson, Vice-Chairperson and
three other Members and the conditions of
service and tenure of office of the Chairperson,
Vice-Chairperson and other Members so
appointed shall be such as the President may
by rule determine.
[7]

3. The Chairperson, Vice-Chairperson and other


Members of the Commission shall be appointed
by the President by warrant under his hand
and seal.

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4. The Commission shall have the power to


regulate its own procedure.
5. It shall be the duty of the Commission a. to investigate and monitor all matters relating
to the safeguards provided for the Scheduled
Castes under this Constitution or under any
other law for the time being in force or under
any order of the Government and to evaluate
the working of such safeguards;
b. to inquire into specific complaints with
respect to the deprivation of rights and
safeguards of the Scheduled Castes;
c. to participate and advise on the planning
process of socio-economic development of
the Scheduled Castes and to evaluate the
progress of their development under the
Union and any State;
d. to present to the President, annually and at
such other times as the Commission may
deem fit, reports upon the working of those
safeguards;
e. to make in such reports recommendations
as to the measures that should be taken by
the Union or any State for the effective
implementation of those safeguards and
other measures for the protection, welfare
and socio-economic development of the
Scheduled Castes; and
f. to discharge such other functions in relation
to the protection, welfare and development
and advancement of the Scheduled Castes
as the President may, subject to the
provisions of any law made by Parliament,
by rule specify.
g. to make in such reports recommendations
as to the measures that should be taken by
the Union or any State for the effective
implementation of those safeguards and
other measures for the protection, welfare
and socio-economic development of the
Scheduled Castes; and
h. to discharge such other functions in relation
to the protection, welfare and development
and advancement of the Scheduled Castes
as the President may, subject to the
provisions of any law made by Parliament,
by rule specify.
6. The President shall cause all such reports to be
laid before each House of Parliament alongwith
a memorandum explaining the action taken or

proposed to be taken on the recommendations


relating to the Union and the reasons for the
non-acceptance, if any, of any of such
recommendations.
7. Where any such report, or any part thereof,
relates to any matter with which any State
Government is concerned, a copy of such report
shall be forwarded to the Governor of the State
who shall cause it to be laid before the
Legislature of the State alongwith a memorandum explaining the action taken or proposed
to be taken on the recommendations relating
to the State and the reasons for the nonacceptance, if any, of any of such recommendations.
8. The Commission shall, while investigating any
matter referred to in Sub-Clause (a) or inquiring
into any complaint referred to in Sub-Clause
(b) of clause (5), have all the powers of a civil
court trying a suit and in particular in respect
of the following matters, namely:a. summoning and enforcing the attendance of
any person from any part of India and
examining him on oath;
b. requiring the discovery and production of
any documents;
c. receiving evidence on affidavits;
d. requisitioning any public record or copy
thereof from any court or office;
e. issuing commissions for the examination of
witnesses and documents;
f. any other matter which the President may,
by rule, determine.
9. The Union and every State Government shall
consult the Commission on all major policy
matters affecting Scheduled Castes.
10. In this article, references to the Scheduled
Castes shall be construed as including references
to such other backward classes as the President
may, on receipt of the report of a Commission
appointed under Clause(1) of Article 340 by
order specify and also to the Anglo-Indian
community which are injurious to health.

[8]

CONSTITUTIONAL PROVISIONS
RELEVANT TO SOCIAL JUSTICE &
EMPOWERMENT OF SCHEDULED
TRIBES

Article 15(4): Promotion of Social and Educational Interest

This article empowers "the State to make any


special provision for the advancement of

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socially and educationally backward classes of


citizens or for the Scheduled Castes and
Scheduled Tribes".
This clause has been especially incorporated to
prevent any special provision made by a State
for the advancement of socially or educationally
backward classes of citizens from being
challenged in the law courts on the ground of
discrimination.

Article 335


The claims of the members of the Scheduled


Castes and Scheduled Tribes shall be taken into
consideration in making the appointments to
services and posts in connection with the affairs
of the Union or of a State.

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of the constitution (Article 334) but after every


ten years its being extended through constitutional amendments.

Article 19(5): Safeguard of Tribal Interest

While the rights of free movement and residence


throughout the territory of India and of
acquisition and disposition of property are
guaranteed to every citizen, special restrictions
may be imposed by "the State for the protection
of the interests of any Scheduled Tribe".
For example state may impose restrictions on
owning property by non tribals in tribal areas.

Article 23: Human Trafficking:

Traffic in human beings, begar and other


similar forms of forced labour are prohibited".
This is a very significant provision so far as
Scheduled Tribes are concerned.

Article 338


It says that there shall be a special officer for


the Scheduled Castes and Scheduled Tribes
to be appointed by the President.

National Commission for Scheduled Tribes,


has been established under 338A.

Article 371 (ABC)

Provides for the special measures and provisions


with respect to the states of Maharashtra and
Gujarat (371), Nagaland (371A), Assam (371B)
, and Manipur (371C).

Besides, provisions are also made in the fifth


and the sixth Schedule of the constitution
regarding the administration of the tribal areas.

Article 29: Culture and Educational Rights

According to this article a cultural or linguistic


minority has right to conserve its language or
culture. The state shall not impose upon it
any culture other than the community's own
culture."

SPECIAL SCHEMES AND PROGRAMMES


FOR SCs AND STs

In accordance with these Constitutional provisions


and directives the government of India and all States
have been formulating and implementing various
schemes and programmes for the upliftment of SCs
and STs within the process of Planning and outside.
These programmes relate to education, skill
formation, creating job opportunities and
development of the areas in which these
people are concentrated.

In the field of education in most of the States,


education up to higher level has been made
free for SCs and STs. Seats have been reserved
for them, generally, in accordance with
percentage of population in various educational
institutions. A Book Bank scheme has been
launched to provide textbooks required for the
students pursuing medical and engineering
degrees, agricultural, veterinary and polytechnic
courses. A Girls Hostel Scheme was started in
Third GiveYear Plan and more recently
Kasturba Gandhi Balika Vidyalaya has been
opened with the purpose of providing
residential facilities to tribal girls in pursuit of

Article 164:

It provides for a Minister-in-charge of tribal


welfare in the States of MP, Chattisgarh, Orissa
and Jharkhand.

These states have substantial tribal population


and special provision of a Minister looking after
tribal welfare is an evidence of the concern of
the framers of the constitution for safeguarding
the interests of Scheduled Tribes.

Article 330, Article 332, and 334

According to these articles seats shall be


reserved for Scheduled Castes and Scheduled
Tribes in legislative bodies. There are provisions
for reservations of seats in the Parliament as
well as Legislative Assembly of every state
(Article 330, 332).

Such reservations were cease to be effective after


a period of 10 years from the commencement

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[9]

punishment for the practice of untouchability. It is


implemented by the respective State Governments
and Union Territory Administrations.
Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act-1989
The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (The POA Act)
came into force with effect from 30.01.1999. This
legislation aims at preventing commission of
offences by persons other than Scheduled Castes
and Scheduled Tribes against Scheduled Tribes
against Scheduled Castes and Scheduled Tribes.
Comprehensive Rules under this Act, titled
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities Rules, 1995) were notified
in the year, 1995, which inter-alia, provide norms
for relief and rehabilitation. The Act extends to
whole of India except Jammu and Kashmir. The
Act is implemented by the respective State
Governments and Union Territory administrations,
which are provided due central assistance under
the Centrally Sponsored Scheme for effective
implementation of the provisions of the Act.

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education. A similar scheme was started for


boys. Various schemes of scholarships have also
been started including pre-matric, post-matric,
and higher education. In addition to these there
are other schemes also for helping improve
educational levels and standards of SCs and
STs.

To help SCs and STs in employment, apart from


making reservations in jobs, specific schemes
have been started for training and skill
formation. One of these is the coaching and
allied scheme started in the Fourth Five-Year
Plan for imparting training to SCs and STs in
respect of various competitive examinations held
by recruiting bodies such as Union Public
Service Commission, Public Sector undertakings, banking service recruitment boars and
similar agencies. There are State Scheduled
Castes Development Corporations to uplift the
SC/ST population living below poverty line.

Many vocational training centers have been set


up in tribal areas to develop the skills of the
tribal youth for gaining employment or self
employment opportunities. The Tribal Cooperative Marketing Development Federation
of India was set up with the prime objective of
providing marketing assistance and remunerative
prices to ST Communities for their minor forest
produce and surplus agricultural produce and
to wean them away from exploitative private
traders.

OTHER INITIATIVES FOR SOCIAL


EMPOWERMENT OF SCHEDULED CASTES

National Commission For Safai Karmacharis

The National Commission for Safai


Karmacharis, a statutory body has, inter-alia, been
empowered to investigate into specific grievances
as well as matters relating to implementation of
programmes adn schemes for the welfare of Safai
Karmacharis.

Protection of Civil Rights Act, 1955

In pursuance of Article 17 of the Constitution


of India, The Untouchability (Offences) Act, 1955
was enacted and notified on 8 May, 1955. Subsequently, it was amended and renamed in the year
1976 as The Protection of Civil Rights Act, 1955.
Rules under this Act, viz. The Protection of Civil
Rights Rules, 1977 were notified in 1977. The Act
extends to the whole of India and provides

[10]

Rajiv Gandhi National Fellowship Scheme:

Effective from 1st April, 2010, The Scheme


provides financial assistance to Scheduled Caste
students for pursuing research studies leading to
M.Phil., Ph.D. and equivalent research degree in
universities, research institutions and scientific
institutions. University Grants Commission (UGC)
is the nodal agency for implementing the scheme.
1,333 Research Fellowships (Junior Research
Fellows) per year are awarded to Scheduled Caste
Students. In case of non-availability of adequate
number of Scheduled Caste candidates, the number
of fellowships not availed during a year will be
carried forward to the next academic session. In
case, the number of candidates exceeds the number
of available awards, the UGC selects the candidates
based on the percentage of marks obtained by the
candidates in their Post Graduation examination.

National Scheduled Castes Finance and


Development Corporation:

The National Scheduled Castes Finance and


Development Corporation (NSFDC) was set up by
the Government of India in February, 1989 under
Section 25 of the Companies Act, 1958. The broad
objective of NSFDC is to provide financial assistance
in the form of concessional loans to all the
Scheduled Caste families living below Double the

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Poverty Line [presently Rs. 40,000 per annum for


rural areas and Rs. 55,000 per annum for urban
areas] for their economic development, upliftment
and economic empowerment through the various
schemes.

b. After the enactment of the Multi-State


Cooperative Societies Act, 2002 (MSCS Act,
2002), TRIFED is deemed to be registered under
the latter Act and is also listed in the Second
Schedule to the Act as a National Cooperative
Society.
c. The Bye-laws of TRIFED were revised in April
2003 in tune with the new Multi-State Cooperative Societies Act, 2002 read with the Multi
State Co-operative Societies Rules, 2002. Under
its revised mandate, TRIFED has stopped bulk
procurement in Minor Forest Produce (MFP)
and Surplus Agricultural Produce (SAP) from
tribals. (This procurement is now done by the
State-level Tribal Cooperatives Societies/
Federations). TRIFED now functions as a
market developer for tribal products and as
service provider to its member federations. This
way, TRIFED is now striving to provide
economic benefits to a large number of this
unorganized section of the society.
d. TRIFED is now engaged in the marketing
development of tribal products (natural and
organic products, handicrafts, ratification etc.)
through its own shops (TRIBES India) and
shop selling its products on consignment basis.

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Self-Employment Scheme for Rehabilitation of


Manual Scavengers (SRMS)

the Multi-State Cooperative Societies Act, 1984


(MSCS Act, 1984).

Rehabilitation of manual scavengers and their


dependents into alternative occupations is one the
components of the three-pronged strategy for
eradication of manual scavenging. Earlier, a Scheme
called National Scheme for Liberation and
Rehabilitation of Scavengers and their Dependents
(NSLRS) was started to rehabilitation of manual
scavengers and their Dependent (NSLRS) in a time
bound manner.

Apart from schemes for education and


employment there also have been launched
programmes in empowerment of SCs and STs. An
important step in this direction was taken with the
establishment of Baba Saheb Dr. Ambedkar
Foundation. The Foundation has been entrusted
and the responsibility to manage, administer and
carry on the schemes and programmes identified
during the centenary celebrations of Dr. B.R.
Ambedkar. Some of these are Dr. Ambedkar
National Award for social understanding and uplift
of weaker sections, Dr. Ambedkar International
Award for social change, harmony for the exploited
and the under privileged; and putting up Memorial
for Dr. Ambedkar.

Tribal Research Institutions

Some States have set up Tribal Research


institutes, for research, education, collection of data,
training, seminars, workshops, professional inputs
in the preparation of tribal sub-plan, publication of
tribal littered, codification of tribal customary laws,
etc. The tribal sub-plan strategy was evolved during
the Fifth Five Year plan. It is based on the twin
objectives of (i) protection of interests of tribals
through legal administrative support; and (ii)
promotion of development efforts through plan
schemes to raise their level of living. There are now
194 integrated tribal development projects.

Tribal Cooperative Marketing Development


Federation of India Ltd. (TRIFED)

a. The Tribal Cooperative Marketing Development


Federation of India Limited (TRIFED), was set
up in 1987 as a national level apex body under
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Recognition Of Forest Rights Of Schedule


Tribes:
a. The Scheduled Tribes and other Traditional
Forest Dwellers (Recognition of Forest Rights)
Act, 2006 seeks to recognize and vest the
forest rights and occupation in forest land
in forest dwelling Scheduled Tribes and other
traditional forest dwellers who have been
residing in such forests for generations but
whose rights on ancestral lands and their
habitat were not adequately recognized in
the consolidation of State forests during the
colonial period as well as in independent
India resulting in historical injustice to them.
The Act has been notified for operation with
effect from 31 December, 2007.
b. The Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights)
Rules, for implementing the provisions of the
Act, were notified on 1.1.2008 and they
envisage the constitution of various
Committees under the Act, viz, the SubDivisional Level Committee, District Level
Committee and the State Level Monitoring
Committee, District Level Committee and the

[11]

and various plans, the poverty, illiteracy,


destitution, oppression and bondage of these
sections in large areas remain intact.
Untouchability, though banned under the law
continues to be widely practiced. Indian bonded
labourers are almost exclusively drawn from
SCs and STs. Only an elite class amongst SCs
has benefitted from the governments policies
and welfare measures. The reasons for this
apathetic status of SCs and STs are many.

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State Level Monitoring Committee, by the


State Governments.
c. All the States have been requested to
nominate the nodal officer for implementing
the provisions of the Act. The State
Governments were also requested to take
necessary steps to:
 ensure the awareness is created about the
objectives, provisions and procedures of the Act
and Rules through various measures including
awareness programmes and printed material
such as posters in the regional languages;

 First of all the problem is that provisions and

representatives and non-Government organizations in the State, who can then be called
upon to assist as resource persons in the
awareness programmes;

plans for the welfare of the SCs and STs are


strong at the constitutional and planning levels,
but weak in the implementation. In many
reports of the Commissioner for Scheduled
Casts and Scheduled Tribes, the Planning
Commissioner for Scheduled Castes and
Scheduled Tribes, the Planning Commission
and other bodies, it has been pointed out that
the staff and administrative machinery provided
by the States is not adequate to carry out the
policy of welfare, even if necessary funds are
voted by the Parliament, hence, the failure in
implementation.

 Sensitize the Sub-Divisional and District Level

 Another problem is of inadequate funds and

Committees on the objectives, provisions and


procedures of the Act and the Rules.

corruption. To begin with, both adequate funds


are not allocated for the plans and programmes
or allocated funds are not made available.
Many a times a significant proportion of funds
do not reach the beneficiariesa glaring
example of the failure of land reforms. This
failure has kept SCs in particular deprived of
land and dependent on landlords and big
farmers. In case of tribal development the
bureaucrats, trained in the colonial traditional
to maintain law and order unaware of tribal
social, cultural and linguistics traditions and
values, and unconcerned with their expectations end up as exploiters of tribals rather
than their protectors.

 ensure the translation and publication of the

Act and the rules in all the regional languages


and arrange to distribute to all Gram Sabhas,
Forest Right Committees and all departments
of the Government including Panchayati Raj,
Rural Development, Tribal and Social Welfare
and Forest Departments;

 undertake the orientation of officials, civilian

 As per the Act, the responsibility for recognition

and vesting to forest rights and distribution of


land rights rests with the State Government, as
per the Rules notified for implementation of
the Act. All the State Governments have been
directed that the entire process of vesting of
forest rights as per the Scheduled Tribes and
Other Traditional forest Dwellers (Recognition
of Forest Rights) Act, 2006 should be completed
at the earliest.

State of Scheduled Castes and Scheduled Tribes

[12]

From the above discussion of Constitutional and


legal provisions and of some of the plans,
programmes and schemes started for the
welfare, development and empowerment of
Scheduled Castes and Scheduled Tribes, it
becomes clear that these people have not only
been made equal citizen of India but have also
been given special privileges, preferences and
concessions to come out of their traditional
lower and inhumane position.
At the same time if we look at the overall
conditions of the Scheduled Castes and
Scheduled Tribes, particularly in rural areas,
we find that in spite of constitutional provisions

 The problems of administrative apathy and lack

of funds is very much linked with problems in


planning itself. The planning in general has been
lopsided, piecemeal and middle class or even
elite oriented rather then mass oriented. At
the political level decision are taken more
keeping in view the immediate concern for
votes and note the long-term visions. One result
of this is, law has established commissions, and
enacted laws for preventing untouchability and
other offences against SCs and STs, these
provisions lack teeth and an effective machinery

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Commission shall define the procedure to be


followed by the Commission.
2. A Commission so appointed shall investigate
the matters referred to them and present to the
President a report setting out the facts as found
by them and making such recommendations
as they think proper.

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for imparting justice. Particularly in case of


Scheduled Tribes, planners have not
appreciated the tribal culture, language,
religion, customs and land rights. They,
therefore, formulate plans with their own
assumptions and as parts of national plans.
 A serious matter that has emerged during last

decade or so with regard to status of SCs and


STs is upper caste backlash in some areas.
Reacting to emerging consciousness among
these castes and their struggle for rights in some
rural areas upper castes have begun coercing
them violently including killing the activists and
raping the women. In some castes this violence
is being committed by organized groups like
Ranveer Sean in Bihar. In view of the nature
and orientation of bureaucracy and police, this
backlash is not crushed with that heavy hand
as it is required. Infact, in many cases there is
connivance of police and other authorities in
such cases of oppression.

 Thus, inspite of Article 17 of the Constitution,

untouchability offences Act and Protection of


Civil Rights Act untouchability is practiced
openly in many places not only in villages but
also in cities. All this is resulting in alienation
of those groups and emergence of Tribal and
Dalit movements. These movements are using
both constitutional methods to seek justice
thereby poising new issues in Indias political
process.

EMPOWERMENT OF OTHER BACKWARD


CLASSES (OBCs)

Constitutional Provisions relevant to Social


Justice & Empowerment of Backward Classes:

Article 340. Appointment of a Commission to


investigate the conditions of backward classes

1. The President may by order appoint a


Commission consisting of such persons as he
thinks fit to investigate the conditions of socially
and educationally backward classes within the
territory of India and the difficulties under
which they labour and to make recommendations as to the steps that should be taken
by the Union or any State to remove such
difficulties and to improve their condition and
as to the grants that should be made for the
purpose by the Union or any State and the
conditions subject to which such grants should
be made, and the order appointing such
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3. The President shall cause a copy of the report


so presented together with a memorandum
explaining the action taken thereon to be laid
before each House of Parliament.

Educational, Economic, and Public Employment-related Safeguards

Fundamental Rights: Article 15. Prohibition


of discrimination on grounds of religion, race,
caste, sex or place of birth:
1. The State shall not discriminate against any
citizen on grounds only of religion, race, caste,
sex, place of birth or any of them.

2. Nothing in this article or in Clause(2) of article


29 shall prevent the State from making any
special provision for the advancement of any
socially and educationally backward classes of
citizens or for the Scheduled Castes and the
Scheduled Tribes.
3. Nothing in this article or in Sub-Clause(g) of
Clause(1) of Article 19 shall prevent the State
from making any special provision, by law, for
the advancement of any socially and
educationally backward classes of citizens or
for the Scheduled Castes or the Scheduled
Tribes in so far as such special provisions relate
to their admission to educational institutions
including private educational institutions,
whether aided or unaided by the State, other
than the minority educational institutions
referred to in Clause(1) of Article 30.

Fundamental Rights: Article 16. Equality of


opportunity in matters of public employment:
1. There shall be equality of opportunity for all
citizens in matters relating to employment or
appointment to any office under the State.

2. No citizen shall, on grounds only of religion,


race, caste, sex, or place of birth, residence or
any of them, be ineligible for, or discriminated
against in respect of any employment or office
under the State.
3. Nothing in this article shall prevent Parliament
from making any law prescribing, in regard to
a class or classes of employment or appointment
[13]

to an office under the Government of, or any


local or other authority within, a State or Union
territory, any requirement as to residence
within that State or Union Territory prior to
such employment or appointment.

Inadequate representation in government


services; and
Inadequate representation in trade, commerce
and industry. The Kalelkar Commission on
this basis identified 23,999 castes and
communities as Backward Classes. However,
there were differences within the Commission.
Therefore, government did not accept the
recommen-dations of this Commission.

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4. Nothing in this article shall prevent the State


from making any 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.

(4A) * * * *
(4B) Nothing in this article shall prevent the State
from considering any unfilled vacancies of a
year which are reserved for being filled up in
that year in accordance with any provision for
reservation made under Clause(4) or
Clause(4A) as a separate class of vacancies to
be filled up in any succeeding year or years
and such class of vacancies shall not be
considered together with the vacancies of the
year in which they are being filled up for
determining the ceiling of fifty per cent
reservation on total number of vacancies of that
year.

Agency for Monitoring Safeguards: 338.


National Commission for Other Backward Classes
In this Article, references to the Scheduled
Castes shall be construed as including references
to such other backward classes as the President
may, on receipt of the report of a Commission
appointed under Clause(1) of Article 340 by order
specify and also to the Anglo-Indian community.

It is necessary to make it clear that the


Constitution uses words Backward Class. It
means not just any backward person, but a
group of people having general characteristics
of backwardness. Constitution, however, does
not use backward classes. The Government had
appointed two Backward Classes Commissions.
These commissions have given the criteria to
identify backward classes on the basis of
communities or castes.
The first Backward Classes Commission was
appointed in 1953 under the Chairmanship of
Kaka Saheb Kalelkar. This Commission used
four criteria for identifying the Backward classes:

[14]

low social position in the traditional caste


hierarchy of Hindu society;

lack of general educational advancement


among the majority of a caste/community;

The second Backward Classes Commission was


appointed in 1978 under the Chairmanship of
B.P Mandal and this was knows as Mandal
Commission. This Commission formulated 11
indicators: four on caste based social
backwardness, three on educational backwardness and four on economic back-wardness.
In the Commissions opinion backwardness was
related to Caste. Accordingly, it identified 3,743
castes as backward on the basis of above
mentioned indicators. Since then these castes
have come to be known as Other Backward
Castes (OBCs) meaning thereby backward castes
other than Scheduled Castes.

The Commission recommended reservation of 27


per cent of jobs for OBCs in central services,
public sector undertakings, nationalized banks,
universities and affiliated colleges and
government aided firms in the firms in the
private sector. Some quantum of reservations
for OBC students was recommended in all
scientific, technical and professional institutions
of education run by the Central and State
Governments. The Commission also made
recommendations for economic and occupational
development of the OBCs.

In August 1990, Government of India


announced the acceptance of Mandal
Commissions recommendations. Since then 27
per cent reservation has been made in jobs by
Central Government and various percentages by
State Governments.

National Backward Classes Finance and


Development Corporation

This body was set up by the Government of


India in January 1992 with the objective of
providing concessional loans to the members of
backward classes living below the poverty line. The
corporation has also launched a special scheme for
eligible women beneficiaries of backward classes
under the name of Swarnima.

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SCHEMES FOR OBCs


Following schemes have been launched for the
welfare of OBCs:
Pre-examination coaching: To coach
candidates belonging to OBCs whose
parents/guardians annual income is less
than Rs. one lakh.
Hostels for OBC Boys and Girls
Pre-matric Scholarships
Post-matric Scholarships
Assistance to voluntary organizations: The
scheme involves the voluntary sector to
improve educational and socio-economic
conditions of the OBCs to get them gainfully
employed.

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From the above discussion, it becomes clear that


in accordance with the commitments made
during national movement and declarations
pronounced in the Preamble of the Constitution
of India to secure to all citizens of India Justice,
Liberty and Equality. There had been provisions
in the Constitution and policies in the planning
process and otherwise for the welfare of those
sections of society who have been denied justice
and equality for thousands of year simply on
the basis of birth. This has to be done because
socio-economic justice implies rejection of the
unjust social structure and status-quo. There are
no two opinions about the fact that caste system
in India denotes a hierarchical stratification of
society based on division and gradation of people
by birth. Therefore, it implies social inequality.
For the lower caste people their lower position
has got reinforced into a low class position by
the deepening unemployment and poverty.

Apart from Scheduled Castes and Scheduled


Tribes the government has also made adequate
provisions for the welfare of Other Backward
Castes and also made adequate provisions for
the welfare of Other Backward Castes. Some,
observers, however feel that a number of castes
which act economically well off are getting
benefits in the name of OBCs for political reasons,
whereas people who are economically backward
but technically do not belong to these castes
remain neglected. According to these observers
Constitutions suggests that backwardness is to
be identified by class and not by caste or tribe.
They, therefore, suggest use of economic criteria
for backwardness.

The Supreme Court in its judgement on 16


November, 1992 while accepted the criterion of
caste as relevant for reservation felt that within
Backward castes those whose economic
advancement is so high or those who have
occupied certain posts of high social status
should be excluded from getting the reservation
benefits meant for OBCs. Once they are
advanced socially which also means economically
and educationally they no longer belong to the
Backward Classes. However, the judgement also
suggested that those who have attained sufficient
capacity to compete with others should be taken
out of the OBCs. This has been described as rule
of exclusions based on creamy layer concept.
The implication of this judgement is (i) Caste
though a necessary condition is no longer a
sufficient condition. (ii) Economic test should be
applied alongwith the already existing
identification criterion.

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It was not sufficient merely to mention in the


Constitution that all citizens of India are equal
and free. There was need to create conditions
and environment against the exploited and
oppressive system. For this various schemes and
programmes were adopted for the welfare and
development of Scheduled Castes, Scheduled
Tribes and Other Backward Castes. At present
the welfare of SCs and STs is given special
attention by both the Central and State
Governments. Special programmes for their
welfare have been undertaken in the successive
Five Year Plans and the size of investment in
these special programmes has been increasing
from Plan to Plan. A number of persons
belonging to Scheduled Castes, Scheduled Tribes
and Other Backward Castes now are in various
levels of government jobs, educational
institutions, Parliament, State Assembles and
local self government bodies. They do have
access to social institutions.

At the same time a large number of persons


belonging to these categories in different parts
of the country continue to suffer discrimination,
social exclusion, and oppression. They still live
in a pathetic situation of poverty, illiteracy and
social marginalization. Mindset of a large section
of persons in India continues to be besieged with
beliefs of superiority and inferiority of caste. In
rural areas at many places Scheduled Castes have
to live outside the village. They continue to be
engaged in traditional menial jobs. They suffer
[15]

oppression and violence in the hands of upper


caste landlords, not allowed to vote in election
and own land.

Given certain conditions, communities that are


small in number relative to the rest of society
may feel insecure about their lives, assets and
well-being. This sense of insecurity may get
accentuated if the relations between the minority
and majority communities are fraught. The
Constitution provides these safeguards because
it is committed to protecting Indias cultural
diversity and promoting equality as well as
justice. The judiciary plays a crucial role in
upholding the law and enforcing Fundamental
Rights. Every citizen of India can approach the
courts if they believe that their Fundamental
Rights have been violated. Now let us
understand marginalisation in the context of the
Muslim community.

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Reasons for this are many which include lack of


political will, faulty planning, administrative
apathy, lack of resources and widespread
corruption. At the same time because of
introduction of democracy and universal
franchise the so-called lower caste and tribal
people are becoming aware of their plight and
rights. They are asserting for justice and change
in the position. This on the one hand is forcing
the State to take effective steps for their welfare
and on the other hand is causing a backlash
from certain upper castes who do not want any
change in status quo.

protect them against any discrimination and


disadvantage that they may face.

National Commission for Backward Classes:


In pursuance of the Supreme Court Judgement
Popularly known as the Mandal Judgement
(1992), the National Commission for Backward
Classes was set up in 1993 as a permanent body
for entertaining, examining and advising the
Government of requests for inclusion and
complaints of over-inclusion and under inclusion
in the lists of other Backward Classes (OBCs) of
citizens. As per the provision of the Act, the
advice tendered by the Commission shall
ordinarily be binding upon the Government.

MARGINALISATION AMONG
MINORITIES AND STEPS FOR THEIR
EMPOWERMENT

The Constitution provides safeguards to


religious and linguistic minorities as part of our
Fundamental Rights. The term minority is most
commonly used to refer to communities that are
numerically small in relation to the rest of the
population. However, it is a concept that goes well
beyond numbers. It encompasses issues of power,
access to resources and has social and cultural
dimensions.

The Indian Constitution recognised that the


culture of the majority influences the way in
which society and government might express
themselves. In such cases, size can be a
disadvantage and lead to the marginalisation of
the relatively smaller communities. Thus,
safeguards are needed to protect minority
communities against the possibility of being
culturally dominated by the majority. They also

[16]

Muslims and Marginalisation

Muslims are 13.4 per cent of Indias population


and are considered to be a marginalised
community in India today because in comparison
to other communities, they have over the years
been deprived of the benefits of socio-economic
development. The data in the three tables below,
derived from different sources, indicate the
situation of the Muslim community with regard
to basic amenities, literacy and public
employment.

Recognizing that Muslims in India were lagging


behind in terms of various development
indicators, the government set up a high-level
committee in 2005. Chaired by Justice Rajindar
Sachar, the committee examined the social,
economic and educational status of the Muslim
community in India. The report discusses in
detail the marginalisation of this community. It
suggests that on a range of social, economic and
educational indicators the situation of the Muslim
community is comparable to that of other
marginalised communities like Scheduled Castes
and Scheduled Tribes. For example, according
to the Report the average years of schooling for
Muslim children between the ages of 7-16 is
much lower than that of other socio religious
communities.
Economic and social marginalisation experienced
by Muslims has other dimensions as well. Like
other minorities, Muslim customs and practices
are sometimes quite distinct from what is seen
as the mainstream. Somenot allMuslims may
wear a burqa, sport a long beard, wear a fez,

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Modernizing Madarsa education.

Scholarships for meritorious students from


minority communities.

Improving educational infrastructure through


the Maulana Azad Education Foundation.

Self-Employment and Wage Employment for


the poor.

Upgradation of skill through technical


training.

Enhanced credit support for economic


activities.

Recruitment to State and Central Services.

Improvement in condition of slums inhabited


by minority communities.

Prevention of communal incidents.

Prosecution for communal offences.

Rehabilitation of victims of communal riots.

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and these become ways to identify all Muslims.


Because of this, they tend to be identified
differently and some people think they are not
like the rest of us. Often this becomes an excuse
to treat them unfairly, and discriminate against
them. This social marginalisation of Muslims in
some instances has led to them migrating from
places where they have lived, often leading to
the ghettoisation of the community. Sometimes,
this prejudice leads to hatred and violence.

In the case of the Muslim community there is a


link
between
economic
and
social
marginalisation. The experiences of all these
groups point to the fact that marginalisation is
a complex phenomena requiring a variety of
strategies, measures and safeguards to redress
this situation. All of us have a stake in protecting
the rights defined in the Constitution and the
laws and policies framed to realise these rights.
Without these, we will never be able to protect
the diversity that makes our country unique nor
realise the States commitment to promote
equality for all.

Significance of the new programme

The new programmes will go a long way in


improving the conditions of minorities.

By improving education and exposing minorities


to modern education, the programme will lead
to skill development and skill improvement
among the minorities which will ultimately
make them suitable for the modern jobs available
in the country and abroad.

Their economic conditions will be improved.

They are made the victims of communal violence.

The programme clearly talks about the


rehabilitation of the victims of communal
violence, which has been a serious problem
in India.

PMs new 15 Point Programme for Minority


Welfare and their Empowerment

Initiatives taken in Pursuance of the Sachar


Committee Recommendations For Minorities:

The government has announced Prime


Ministers new 15-point programme, for the welfare
of minorities in India. The progrmmes is to be
executed by the Ministry of Minority Affairs. Under
the programme, students belonging to minority
communities in the country i.e. Muslim, Sikh,
Christian, Buddhist, and Parsis could be able to get
benefits specified under the scheme.

The Government took decision on the


recommendations of High Level Committee on
Social, Economic and Educational status of the
Muslim Community of India, pertaining to various
Ministries/Departments. The decisions of the
Government on the follow-up action on the major
recommendations of the Sac0har Committee and
the Ministry-wise status of implementation are as
under:

Problems of minorities

The level of education among the minorities


especially Muslims are very low.
The per capita income of the minorities is low
and hence they are forced to live in dismal living
conditions and to lead avocations unsuited to
them.

Economic opportunities are unavailable or when


available the skills to tap them are missing. Their
share in government services is very low.

Programmes:

Equitable availability or ICDS Services.


Improving access to school education.
Greater resources for teaching Urdu.

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- All public sector banks have been directed to


open more branches in districts having a
substantial minority population. In 2007-08, 523
[17]

branches were opened in such districts. In 200910, 743 new branches were opened and in
2010-11,308 branches have been opened
(Department of Financial Services).

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- RBI revised its Master Circular on 5th July,


2007 on priority sector lending for improving
credit facilities to minority communities. Since
2007-08 upto December 2010, Rs. 1,28,382.43
crores were provided to minorities (Department
of Financial Services).

(d) Under the Kasturba Gandhi Balika


Vidyalaya (KGBV) Scheme, criteria of
educational backward blocks has been
revised with effect from 1st April, 2008 to
cover blocks with less than 30 per cent rural
female literacy and in urban areas with less
than national average of female literacy
(53.67 per cent Census 2001). Under the
scheme, all KGBVs sanctioned for MCDs
have been operationalized.
(e) Universalization of access to quality
education at secondary stage called
Rashtriya Madhyamik Shiksha Abhiyan
(RSMA) has been approved with focus on
educationally backward minorities. State
Governments have been advised to accord
priority to setting up new/upgraded schools
in minority concentration areas.
(f) Jan Shikshan Sansthan (JSSs) are envisaged
in the revised schemes. AT present, JSSs are
imparting vocational training in 33 districts
out of the 88 Muslim-dominated districts in
the country.

- District Consultative Committees (DCCs) of


lead banks are regularly monitoring disposal
and rejection of loan applications for minorities.
(Department of Financial Services).

- To promote micro-finance among women,


4,67,082 accounts have been opened for
minority women with Rs. 3,373 crores as microcredit in 2010-11. (Department of Financial
Services).
- Lead banks have organized 313 entrepreneurial
development programmes in blocks/districts/
towns with substantial minority population.
(Department of Financial Services).

- A multi-pronged strategy to address the


educational backwardness of the Muslim
community, as brought out by the Sachar
Committee, has been adopted, as follows
(Ministry of Human Resource Development)
(a) The area intensive and Madarsas Modernization Programme has been revised and
bifurcated into two schemes. A scheme for
Providing Quality Education in Madarsas
has been launched with allocation of Rs. 325
crores during the Eleventh Five-Year Plan. It
contains attractive provisions for better
teachers salary, increased assistance for
books, teaching aids and computers, and
introduction of Vocational subjects, etc. The
other Scheme, which provides financial
assistance for Infrastructure Development of
Private aided/unaided minority institutes,
has been launched with allocation of Rs. 125
crores for the Eleventh Five-Year Plan.
(b) National Council of Educational Research
and Training (NCERT) has prepared text
books for all classes in the light of The
National Curriculum Framework-2005.

(c) Thirty five Universities have started centers


for studying social exclusion and inclusive
policy for Minorities and Scheduled Castes
and Scheduled Tribes. Besides, 1,280 Centers
of Equal Opportunities submitted their
reports on 13th March, 2008.

[18]

(g) Preference is given by the University Grants


Commission for provision of girls hostels in
University and Colleges in the areas where
there is concentration of minorities especially
Muslims. UGC has sanctioned 233 womens
hostels during 11th Plan in 19 minority
concentration districts.

(h) One model college each would set up in 374


educationally backward districts (EBDs) of
the country. Of 374 EBDs, 67 are identified
MCDs.

(i) For subsequent access to higher education,


the certificated issued by the State Madarsa
Boards, whose certificate and qualifications
have been grated equivalence by the
corresponding State Boards, would be
considered equivalent by the Central Board
of Secondary Education (CBSE), Council of
Board of School Education in India (COBSE)
or/and by any other school examination
board.

(j) Academics for professional development of


Urdu Medium teachers have been set up at
three Central Universities namely, Aligarh
Muslim University, Jamia Milia Islamia
University and Maulana Azad National
Urdu University.

(k) The Mid-day Meal scheme has been extended


to all areas in the country from the year
2008-09 and also covers upper primary

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report and submitted its report (Ministry of


Home Affairs).
(t) Dissemination of information regarding
health and family welfare schemes is being
undertaken in regional languages in minority
concentration areas (Ministry of Health and
Family Welfare).

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(l)

schools. Books with a concentration of


Muslim population are being covered under
this scheme.
An expert group constituted to study and
recommend the structure and functions of
an Equal Opportunity Commission submitted
its report on 13th March, 2008. This has been
processed, as per approved modalities, along
with the report of the expert group on
diversity index. (Ministry of Minority Affairs)
A National Data Bank to compile data on
the various socio-economic and basic
amenities parameters for socio-religious
communities has been set up in the Ministry
of Statistics and Programme Implementation.
An autonomous Assessment and Monitoring
Authority (AMA), to analyses data collected
for taking appropriate and corrective policy
decisions, has been set up in the Planning
Commission.
A comprehensive institutional structure for
fostering skill development has been set up in
Planning Commission to address the skill
development needs of the country including
minorities. It includes National Council on
Skill Development, National Skill Development
Coordination Board and National Skill
Development Corporation.
A training module has been developed by
the Indian Institute of Public Administration,
for sensitization of government officials. The
module has been sent to the Central/State
Training Institutes for implementation and
it has been included in their training
calendar. The Lal Bahadur Shastri National
Academy of Administration (LBSNAA) has
prepared a module for sensitization of
organized civil services and its has been
incorporated in their training programme
(Department of Personnel and Training).
Under Urban Infrastructure Development
Scheme for Small and Medium Towns
(UIDSSMT), additional Central assistance of
Rs. 2620.31 crores has been sanctioned for
108 towns having substantial minority
population. (Ministry of Urban Development).
An Act has been passed by the Parliament
for providing social security to workers in
the unorganized sector, which inter-alia,
includes home-based workers (Ministry of
Labour and Employment).
A High Level Committee, set up to review
the Delimitation Act, has considered the
concerns expressed in the Sachar Committee

(m)

(n)

(o)

(p)

(q)

(r)

(s)

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(u) Revised Guidelines on communal Harmony


have been issued. The Communal violence
(prevention, control and rehabilitation of
victims) Bill, 2005 has been introduced in
the Rajya Sabha. (Ministry of Home Affairs)

(v) State Governments and Union Territory


Administrations have been advised by
Department of Personnel and Training for
posting of Muslim police personnel in thanas
and Muslim health personnel and teachers
in Muslim concentration areas.

(w) State Governments have been advised by


Ministry of Panchayati Raj and Ministry of
Urban Development, to improve representation of minorities in local bodies.

(x) A bill to amend Wakf Act, 1995 was


introduced in the Lok Sabha on 27th April,
2010 and passed on 7th May, 2010. The Bill
has been referred to the Select Committee of
the Rajya Sabha (Ministry of Minority
Affairs).
(y) The Government has accorded in principle
approval for restructuring of National
Minorities Development and Finance
Corporation. A consultancy firm has been
appointed to work out the details for
restructuring of NMDFC. The firms has
submitted its draft reports which have been
examined in the Ministry. (Ministry of
Minority Affairs).
(z) An Inter-ministerial Task Force constituted
to devise an appropriate strategy and action
plan for developing 338 identified towns,
having substantial minority population,
rapidly in a holistic manner submitted its
report on 8th November, 2007. The concerned
Ministries/Departments have been advised
to give priority in the implementation of their
schemes in 338 towns (Ministry of Minority
Affairs).

(aa) Three scholarship schemes for minority


communities viz., Pre-matric, Post-matric
and Merit-cum-means were launched and
49.87 lakh scholarships were awarded to
students belonging to minority communities

[19]

(65%), the share of State Govts. is Rs. 390.00


crores (26%) and the remaining Rs. 135.00 crores
(9%) is to be contributed by institutions/
individuals having interest in minorities.
Under SCA programme, projects costing up to
Rs. 5.00 lakh to individual beneficiaries are
financed. Funds for this purpose are made
available to the SCAs at an interest rate of 3%
for further loaning to the beneficiaries at 6%.
The Corporation is also implementing schemes
of Vocational Training & Educational Loan
through the SCAs for capacity building of the
target groups for self as well as wage
employment. During the financial year 2010-11
an amount of Rs. 233.26 crores has been
disbursed to assist 1,58,510 beneficiaries.

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in 2010-11 and 78.68 lakh scholarships upto


31st March, 2011 (Ministry of Minority
Affairs).
(bb) The corpus of Maulana Azad Education
Foundation, which stood at Rs. 100 crore,
was doubled to Rs. 200 crore in December,
2006. Now, the corpus stands at Rs. 700
crores. Under the Scheme of MAEF, since
2007-08, 1063 NGOs have been given grantsin-aid for infrastructure development of
educational institutions and 52,317 scholarships were awarded to meritorious girls in
classes XI and XII. (Ministry of Minority
Affairs).
(cc) A revised free Coaching and Allied Scheme
was launched and 4,845 candidates
belonging to minority communities were
provided assistance in 2010-11. 20,686
students have been benefited under this
scheme upto 31.03.2011. (Ministry of
Minority Affairs).
(dd) A Multi-sectoral Development Programme
was launched in 90 identified Minority
concentration districts in 2008-09. Plans of
89 minority concentration districts in
Haryana, Uttar Pradesh, West Bengal, Assam,
Manipur, Bihar, Meghalaya, Jharkhand,
Andaman and Nicobar Islands, Maharashtra,
Jharkhand, Odisha, Karnataka, Kerala, Uttrakhand, Mizoram and Jammu and Kashmir,
Delhi, Madhya Pradesh, Sikkim and
Arunachal Pradesh have been approved and
Rs. 2,162 crores released to State Governments
and Union Territory administrations upto 31st
March, 2011 since inception (Ministry of
Minority Affairs).

National Minorities Development and Finance


Corporation

National Minorities Development and Finance


Corporation (NMDFC) was incorporated on
30th, September 1994, with the objective to
promote economic and development activities for
backward sections among minorities. To achieve
its objective. NMDFC is providing concessional
finance for self-employment activities to eligible
beneficiaries belonging to minority communities
having family income below double the poverty
line which at present is Rs. 55,000 per annum
and rural areas respectively.
NMDFCs authorized share capital as on 31st
March, 2011 is Rs. 1,500 crores out of which,
the share of the Govt. of India is Rs. 975.00 crores

[20]

EMPOWERMENT OF WOMEN

The extent of empowerment of women in the


national hierarchy is determined largely by the
three factors her economic, social and political
identity and their weightage. These factors are
deeply intertwined and interlinked with many cross
cutting linkages which imply that if efforts in even
one dimension remain absent or weak, outcomes
and momentum generated by the other components
cannot be sustained as they will not be able to
weather any changes or upheavals. It is only when
all the three factors are simultaneously addressed
and made compatible with each other can the
woman be truly empowered. Therefore for holistic
empowerment of the woman to happen - social,
economic and political aspects impacting a
womans life must converge effectively.

The importance of women as a important


human resource was recognised by the Constitution
of India which not only accorded equality to women
but also empowered the State to adopt measures
of positive discrimination in their favour. A number
of Articles of the Constitution specially reiterated
the commitment of the constitution towards the
socio-economic development of women and
upholding their political right and participation in
decision making.
Article 14 Men and women to have equal rights
and opportunities in the political, economic and
social spheres.
Article 15(1) Prohibits discrimination against
any citizen on the grounds of religion, race, caste,
sex etc.

Article 15(3) Special provision enabling the State


to make affirmative discriminations in favour of
women.

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Article 16 Equality of opportunities in matter


of public appointments for all citizens.
Article 39(a) The State shall direct its policy
towards securing all citizens men and women,
equally, the right to means of livelihood.

To effectively meet problems of infant and


maternal mortality, and early marriage the
availability of good and accurate data at micro
level on deaths, births and marriages is required.
Strict implementation of registration of births and
deaths should be ensured and registration of
marriages should be made compulsory.

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Article 39(d) Equal pay for equal work for both


men and women.

malaria, TB, and waterborne diseases as well as


hypertension and cardio-pulmonary diseases. The
social, developmental and health consequences of
HIV/AIDS and other sexually transmitted diseases
should be tackled from a gender perspective.

Article 42 The State to make provision for


ensuring just and humane conditions of work and
maternity relief.

Article 51(A)(e) To renounce the practices


derogatory to the dignity of women.

Social Empowerment of Women


Education

Equal access to education for women and girls


should be ensured. Special measures should be
taken to eliminate discrimination, universalize
education, eradicate illiteracy, create a gendersensitive educational system, increase enrolment and
retention rates of girls and improve the quality of
education to facilitate life-long learning as well as
development of occupation/vocation/technical
skills by women. Reducing the gender gap
in secondary and higher education should be a focus
area. Sectoral time targets in existing policies should
be achieved, with a special focus on girls and
women, particularly those belonging to weaker
sections including the Scheduled Castes/Scheduled
Tribes/Other Backward Classes/Minorities. Gender
sensitive curricula should be developed at all levels
of educational system in order to address sex
stereotyping as one of the causes of gender
discrimination.
Health

A holistic approach to womens health which


includes both nutrition and health services should
be adopted and special attention should be given
to the needs of women and the girl at all stages of
the life cycle. The reduction of infant mortality and
maternal mortality, which are sensitive indicators
of human development, is a priority concern. This
policy reiterates the national demographic goals for
Infant Mortality Rate (IMR), Maternal Mortality
Rate (MMR) set out in the National Population Policy, 2000. Women should have access
to comprehensive, affordable and quality health care.
Measures should be adopted that take into
account the reproductive rights of women to enable
them to exercise informed choices, their vulnerability
to sexual and health problems together with endemic,
infectious and communicable diseases such as
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In accordance with the commitment of the


National Population Policy (2000) to population
stabilization, this Policy recognizes the critical need
of men and women to have access to safe, effective
and affordable methods of family planning of their
choice and the need to suitably address the issues
of early marriages and spacing of children.
Interventions such as spread of education,
compulsory registration of marriage and special
programmes like BSY should impact on delaying
the age of marriage so that by 2010 child marriages
are eliminated.
Womens traditional knowledge about health
care and nutrition should be recognized through
proper documentation and its use should be
encouraged. The use of Indian and alternative
systems of medicine should be enhanced within
the framework of overall health infrastructure
available for women.
Nutrition

In view of the high risk of malnutrition and


disease that women face at all the three critical
stages viz., infancy and childhood, should
adolescent and reproductive phase, focussed
attention should be paid to meeting the nutritional
needs of women at all stages of the life cycle. This
is also important in view of the critical link between
the health of adolescent girls, pregnant and lactating
women with the health of infant and young
children. Special efforts should be made to tackle
the problem of macro and micro-nutrient
deficiencies especially amongst pregnant and
lactating women as it leads to various diseases and
disabilities.

Intra-household discrimination in nutritional


matters vis--vis girls and women should be sought
to be ended through appropriate strategies.
Widespread use of nutrition education should be
made to address the issues of intra-household
imbalances in nutrition and the special needs of
[21]

pregnant and lactating women. Womens participation should also be ensured in the planning,
superintendence and delivery of the system.
Drinking Water and Sanitation

Women in Difficult Circumstances


In recognition of the diversity of womens
situations and in acknowledgement of the needs of
specially disadvantaged groups, measures and
programmes should be undertaken to provide them
with special assistance. These groups include
women in extreme poverty, destitute women,
women in conflict situations, women affected by
natural calamities, women in less developed regions,
the disabled widows, elderly women, single women
in difficult circumstances, women heading households, those displaced from employment, migrants,
women who are victims of marital violence,
deserted women and prostitutes etc.

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Special attention should be given to the needs


of women in the provision of safe drinking water,
sewage disposal, toilet facilities and sanitation
within accessible reach of households, especially in
rural areas and urban slums. Womens participation
should be ensured in the planning, delivery and
maintenance of such services.

like communication and information technology.


Efforts to develop appropriate technologies suited
to womens needs as well as to reduce their
drudgery should be given a special focus too.

Housing and Shelter

Womens perspectives should be included in


housing policies, planning of housing colonies and
provision of shelter both in rural and urban areas.
Special attention should be given for providing
adequate and safe housing and accommodation for
women including single women, heads of
households, working women, students, apprentices
and trainees.
Environment

Women should be involved and their


perspectives reflected in the policies and
programmes for environment, conservation and
restoration. Considering the impact of environmental factors on their livelihoods, womens
participation should be ensured in the conservation
of the environment and control of environmental
degradation. The vast majority of rural women still
depend on the locally available non-commercial
sources of energy such as animal dung, crop waste
and fuel wood. In order to ensure the efficient use
of these energy resources in an environmental
friendly manner, the Policy should aim at promoting
the programmes of non-conventional energy
resources. Women should be involved in spreading
the use of solar energy, biogas, smokeless chulahs
and other rural application so as to have a visible
impact of these measures in influencing ecosystem
and in changing the lifestyles of rural women.
Science and Technology

Programmes should be strengthened to bring


about a greater involvement of women in science
and technology. These should include measures to
motivate girls to take up science and technology
for higher education and also ensure that
development projects with scientific and technical
inputs involve women fully. Efforts to develop a
scientific temper and awareness should also be
stepped up. Special measures should be taken for
their training in areas where they have special skills

[22]

Violence against women

All forms of violence against women, physical


and mental, whether at domestic or societal levels,
including those arising from customs, traditions or
accepted practices shall be dealt with effectively
with a view to eliminate its incidence. Institutions
and mechanisms/schemes for assistance should be
created and strengthened for prevention of such
violence , including sexual harassment at work
place and customs like dowry; for the rehabilitation
of the victims of violence and for taking effective
action against the perpetrators of such violence. A
special emphasis should also be laid on programmes
and measures to deal with trafficking of women
and girls.
Rights of the Girl Child

All forms of discrimination against the girl child


and violation of her rights shall be eliminated by
undertaking strong measures both preventive and
punitive within and outside the family. These should
relate specifically to strict enforcement of laws
against prenatal sex selection and the practices of
female foeticide, female infanticide, child marriage,
child abuse and child prostitution etc. Removal of
discrimination in the treatment of the girl child
within the family and outside and projection of a
positive image of the girl child should be actively
fostered. There should be special emphasis on the
needs of the girl child and earmarking of substantial
investments in the areas relating to food and
nutrition, health and education, and in vocational
education. In implementing programmes for
eliminating child labour, there should be a special
focus on girl child.

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Institutional Mechanisms

Media should be used to portray images


consistent with human dignity of girls and women.
The Policy should specifically strive to remove
demeaning, degrading and negative conventional
stereotypical images of women and violence against
women. Private sector partners and media networks
should be involved at all levels to ensure equal access
for women particularly in the area of information
and communication technologies. The media should
be encouraged to develop codes of conduct,
professional guidelines and other self regulatory
mechanisms to remove gender stereotypes and
promote balanced portrayals of women and men.

Institutional mechanisms, to promote the


advancement of women, which exist at the Central
and State levels, should be strengthened. These
should be through interventions as may be
appropriate and should relate to, among others,
provision of adequate resources, training and
advocacy skills to effectively influence macropolicies, legislation, programmes etc. to achieve the
empowerment of women.

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Mass Media

Operational Strategies:

All Central and State Ministries should draw


up time bound Action Plans for translating the
Policy into a set of concrete actions, through a
participatory process of consultation with Centre/
State Departments of Women and Child Development
and National/State Commissions for Women. The
Plans should specifically including the following: i) Measurable goals to be achieved by 2010.
ii) Identification and commitment of resources.
iii) Responsibilities for implementation of action
points.
iv) Structures and mechanisms to ensure efficient
monitoring, review and gender impact
assessment of action points and policies.
v) Introduction of a gender perspective in the
budgeting process.

In order to support better planning and


programme formulation and adequate allocation
of resources, Gender Development Indices (GDI)
should be developed by networking with specialized
agencies. These could be analyzed and studied in
depth. Gender auditing and development of
evaluation mechanisms should also be undertaken
alongside.

Collection of gender disaggregated data by all


primary data collecting agencies of the Central and
State Governments as well as Research and
Academic Institutions in the Public and Private
Sectors should be undertaken. Data and information
gaps in vital areas reflecting the status of women
should be sought to be filled in by these immediately.
All Ministries/Corporations/Banks and financial
institutions etc should should be advised to collect,
collate, disseminate and maintain/publish data
related to programmes and benefits on a gender
disaggregated basis. This should help in meaningful
planning and evaluation of policies.
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National and State Councils should be formed


to oversee the operationalisation of the Policy on a
regular basis. The National Council should be headed
by the Prime Minister and the State Councils by the
Chief Ministers and be broad in composition having
representatives from the concerned Departments/
Ministries, National and State Commissions for
Women, Social Welfare Boards, representatives of Non
Government Organizations, Womens Organizations,
Corporate Sector, Trade Unions, financing institutions, academics, experts and social activists etc. These
bodies should review the progress made in
implementing the Policy twice a year. The National
Development Council should also be informed of the
progress of the programme undertaken under the
policy from time to time for advice and comments.
National and State Resource Centres on women
should be established with mandates for collection
and dissemination of information, undertaking
research work, conducting surveys, implementing
training and awareness generation programmes,
etc. These Centers should link up with Womens
Studies Centres and other research and academic
institutions through suitable information
networking systems.

While institutions at the district level should be


strengthened, at the grass-roots, women should be
helped by Government through its programmes to
organize and strengthen into Self-Help Groups
(SHGs) at the Anganwadi/Village/Town level. The
womens groups should be helped to institutionalize
themselves into registered societies and to federate
at the Panchayat/Municipal level. These societies
should bring about synergistic implementation of all
the social and economic de0velopment programmes
by drawing resources made available through
Government and Non-Government channels,
including banks and financial institutions and by
establishing a close Interface with the Panchayats/
Municipalities.
Resource Management

Availability of adequate financial, human and


market resources to implement the Policy should
[23]

be managed by concerned Departments, financial


credit institutions and banks, private sector, civil
society and other connected institutions. This
process should include:

Effective implementation of legislation should


be promoted by involving civil society and
community. Appropriate changes in legislation
should be undertaken, if necessary.

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a) Assessment of benefits flowing to women and


resource allocation to the programmes relating
to them through an exercise of gender
budgeting. Appropriate changes in policies
should be made to optimize benefits to women
under these schemes.
(b) Adequate resource allocation to develop and
promote the policy outlined earlier based on
(a) above by concerned Departments.
(c) Developing synergy between personnel of
Health, Rural Development, Education and
Women & Child Development Department at
field level and other village level functionaries.
(d) Meeting credit needs by banks and financial
credit institutions through suitable policy
initiatives and development of new institutions
in coordination with the Department of Women
& Child Development.

should be widened to include other stakeholders


too.

The strategy of Womens Component Plan


adopted in the Ninth Plan of ensuring that not less
than 30% of benefits/funds flow to women from all
Ministries and Departments should be implemented
effectively so that the needs and interests of women
and girls are addressed by all concerned sectors. The
Department of Women and Child Development being
the nodal Ministry will monitor and review the
progress of the implementation of the Component
Plan from time to time, in terms of both quality
and quantity in collaboration with the Planning
Commission.
Efforts should be made to channelize private
sector investments too, to support programmes and
projects for advancement of women.
Legislation

The existing legislative structure should be


reviewed and additional legislative measures taken
by identified departments to implement the Policy.
This should also involve a review of all existing
laws including personal, customary and tribal laws,
subordinate legislation, related rules as well as
executive and administrative regulations to eliminate
all gender discriminatory references. The process
should be planned over a time period 2000-2003.
The specific measures required should be evolved
through a consultation process involving civil
society, National Commission for Women and
Department of Women and Child Development.
In appropriate cases the consultation process

[24]

In addition, following other specific measures


should be taken to implement the legislation
effectively.
(a) Strict enforcement of all relevant legal
provisions and speedy redressal of grievances
should be ensured, with a special focus on
violence and gender related atrocities.

(b) Measures to prevent and punish sexual


harassment at the place of work, protection
for women workers in the organized/
unorganized sector and strict enforcement
of relevant laws such as Equal Remuneration
Act and Minimum Wages Act should be
undertaken.
(c) Crimes against women, their incidence,
prevention, investigation, detection and
prosecution should be regularly reviewed at
all Crime Review fora and Conferences at
the Central, State and District levels.
Recognised, local, voluntary organizations
should be authorized to lodge Complaints
and facilitate registration, investigations and
legal proceedings related to violence and
atrocities against girls and women.

(d) Womens Cells in Police Stations, encourage


Women Police Stations, Family Courts,
Mahila Courts, Counselling Centers, Legal
Aid Centers and Nyaya Panchayats should
be strengthened and expanded to eliminate
violence and atrocities against women.
(e) Widespread dissemination of information on
all aspects of legal rights, human rights and
other entitlements of women, through
specially designed legal literacy programmes
and rights information programmes should
be done.

Gender Sensitization

Training of personnel of executive, legislative


and judicial wings of the State, with a special focus
on policy and programme framers, implementation
and development agencies, law enforcement
machinery and the judiciary, as well as nongovernmental organizations will be undertaken.
Other measures will include:

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(a) Promoting societal awareness to gender


issues and womens human rights.

Economic Empowerment of women

(b) Review of curriculum and educational


materials to include gender education and
human rights issues.
(c) Removal of all references derogatory to the
dignity of women from all public documents
and legal instruments.

Poverty Eradication

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Since women comprise the majority of the


population below the poverty line and are very
often in situations of extreme poverty, given the
harsh realities of intra-household and social
discrimination, macro-economic policies and
poverty eradication programmes should specifically
address the needs and problems of such women.
There should be improved implementation of
programmes which are already women oriented
with special targets for women. Steps should be
taken for mobilization of poor women and
convergence of services, by offering them a range
of economic and social options, along with
necessary support measures to enhance their
capabilities.

(d) Use of different forms of mass media to


communicate social messages relating to
womens equality and empowerment.

Panchayati Raj Institutions

The 73rd and 74th Amendments (1993) to the


Indian Constitution have served as a breakthrough
towards ensuring equal access and increased
participation in political power structure for
women. The PRIs should play a central role in the
process of enhancing womens participation in
public life. The PRIs and the local self Governments
should be actively involved in the implementation
and execution of the National Policy for Women at
the grassroot level.
Partnership with
organizations

the

voluntary

sector

The involvement of voluntary organizations,


associations, federations, trade unions, nongovernmental organizations, womens organizations,
as well as institutions dealing with education,
training and research should be ensured in the
formulation, implementation, monitoring and review
of all policies and programmes affecting women.
Towards this end, they should be provided with
appropriate support related to resources and
capacity building and facilitated to participate
actively in the process of the empowerment of
women.
International Cooperation

The Policy should aim at implementation of


international obligations/commitments in all sectors
on empowerment of women such as the
Convention on All Forms of Discrimination Against
Women (CEDAW), Convention on the Rights of
the Child (CRC), International Conference on
Population and Development (ICPD+5) and other
such instruments. International, regional and subregional cooperation towards the empowerment of
women should continue to be encouraged through
sharing of experiences, exchange of ideas and
technology, networking with institutions and
organizations and through bilateral and multilateral partnerships.

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Micro-Credit

In order to enhance womens access to credit


for consumption and production, the establishment
of new, and strengthening of existing micro-credit
mechanisms and micro-finance institution should
be undertaken so that the outreach of credit is
enhanced. Other supportive measures should be
taken to ensure adequate flow of credit through
extant financial institutions and banks, so that all
women below poverty line have easy access to
credit.
Women and Economy

Womens perspectives should be included in


designing and implementing macro-economic and
social policies by institutionalizing their
participation in such processes. Their contribution
to socio-economic development as producers and
workers should be recognized in the formal and
informal sectors (including home based workers)
and appropriate policies relating to employment
and to her working conditions should be drawn
up. Such measures could include:

Reinterpretation
and
redefinition
of
conventional concepts of work wherever necessary
e.g. in the Census records, to reflect womens
contribution as producers and workers. Preparation
of satellite and national accounts. Development of
appropriate methodologies for undertaking (i) and
(ii) above.
Globalization

Globalization has presented new challenges for


the realization of the goal of womens equality, the
[25]

policies should also be drawn up to encourage


women to participate effectively in the
developmental process.

Political Empowerment of Women


Judicial Legal Systems

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gender impact of which has not been systematically


evaluated fully. However, from the micro-level
studies that were commissioned by the Department
of Women & Child Development, it is evident that
there is a need for re-framing policies for access to
employment and quality of employment. Benefits
of the growing global economy have been unevenly
distributed leading to wider economic disparities,
the feminization of poverty, increased gender
inequality through often deteriorating working
conditions and unsafe working environment
especially in the informal economy and rural areas.
Strategies will be designed to enhance the capacity
of women and empower them to meet the negative
social and economic impacts, which may flow from
the globalization process.
Women and Agriculture

In view of the critical role of women in the


agriculture and allied sectors, as producers,
concentrated efforts will be made to ensure that
benefits of training, extension and various
programmes will reach them in proportion to their
numbers. The programmes for training women
in soil conservation, social forestry, dairy
development and other occupations allied to
agriculture like horticulture, livestock including
small animal husbandry, poultry, fisheries etc. will
be expanded to benefit women workers in the
agriculture sector.
Women and Industry

The important role played by women in


electronics, information technology and food
processing and agro industry and textiles has been
crucial to the development of these sectors. They
should be given comprehensive should in terms of
labour legislation, social security and other support
services to participate in various industrial sectors.
Women at present cannot work in night shift
in factories even if they wish to. Suitable measures
should be taken to enable women to work on the
night shift in factories. This should be accompanied
with support services for security, transportation
etc.
Support Services

The provision of support services for women,


like child care facilities, including crches at work
places and educational institutions, homes for the
aged and the disabled should be expanded and
improved to create an enabling environment and
to ensure their full cooperation in social, political
and economic life. Women-friendly personnel

[26]

Legal-judicial system should be made more


responsive and gender sensitive to womens needs,
especially in cases of domestic violence and personal
assault. New laws should be enacted and existing
laws reviewed to ensure that justice is quick and
the punishment meted out to the culprits is
commensurate with the severity of the offence.

At the initiative of and with the full


participation of all stakeholders including
community and religious leaders, the Policy should
aim to encourage changes in personal laws such as
those related to marriage, divorce, maintenance and
guardianship so as to eliminate discrimination
against women.

The evolution of property rights in a patriarchal


system has contributed to the subordinate status of
women. The Policy should aim to encourage
changes in laws relating to ownership of property
and inheritance by evolving consensus in order to
make them gender just.
Decision Making

Womens equality in power sharing and active


participation in decision making, including decision
making in political process at all levels should be
ensured for the achievement of the goals of
empowerment. All measures should be taken to
guarantee women equal access to and full
participation in decision making bodies at every
level, including the legislative, executive, judicial,
corporate, statutory bodies, as also the advisory
Commissions, Committees, Boards, Trusts etc.
Affirmative action such as reservations/quotas,
including in higher legislative bodies, should be
considered whenever necessary on a time bound
basis. Womenfriendly personnel policies should
also be drawn up to encourage women to
participate effectively in the developmental process.
Mainstreaming a Gender Perspective in the
Development Process

Policies, programmes and systems should be


established to ensure mainstreaming of womens
perspectives in all developmental processes, as
catalysts, participants and recipients. Wherever
there are gaps in policies and programmes, women
specific interventions should be undertaken to

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nutrition for all out-of-school girls (11-18 years)


and in-School girls (14-18 years).
Besides this, there is a crucial non-nutrition
component to the Scheme wherein the AGs are
given education and Counseling on nutrition and
health, family welfare, adolescent reproductive
and sexual health, child care practices, and life
skills which will serve to empower the AGS to
have greater control over life situations, grow
up to be healthier, more confident and truly
empowered women, equipped to make informed
choices as well as take decisions on their own.
This will also help them better cherish their girls
children.

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bridge these. Coordinating and monitoring


mechanisms should also be devised to assess from
time to time the progress of such mainstreaming
mechanisms. Womens issues and concerns as a
result should specially be addressed and reflected
in all concerned laws, sectoral policies, plans and
programmes of action.
Conclusion

There are different reasons for each of these


communities being marginalised. Each experiences
marginalisation in different ways. Marginalisation
is linked to experiencing disadvantage, prejudice
and powerlessness. Marginalisation results in
having a low social status and not having equal
access to education and other resources. Yet, the
lives of marginalised people can and do change.
Thus, no one is marginalised all the time in
exactly the same way. Marginalised communities
want to maintain their cultural distinctiveness
while having access to rights, development and
other opportunities.
It is important for us to understand that there is
no religious, scientific or other rationality behind
hierarchy of caste system. The rigidity of caste
system is not only against the principles and
ideals of justice, equality and freedom but also a
big hindrance in the path of nations
development. We have to come out of our
mindsets, appreciate the values and norms of a
democratic, welfare state and society and work
for a harmonious, equality based just system. In
this State alone cannot do much. What is
required is both support and pressure from
enlightened and educated sections of society.

SCHEMES FOR WOMEN

Rajiv Gandhi Scheme for Empowerment of


Adolescent Girls (RGSEAG)- SABLA:

Government of India in the year 2010-11 has


launched a new scheme Rajiv Gandhi Scheme
for Empowerment of Adolescent Girls (RGSEAG)SABLA on a pilot basis in 200 districts across
the country using the ICDS platform. It is being
implemented through the State Governments/
UTs with 100% financial assistance from the
Central Government for all inputs other than
nutrition provision for which 50% Central
assistance to State is provided by Government
of India, SABLA aims towards self-development
and empowerment of the Adolescent Girls (AGs)
in the age group of 11-18 years by providing

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According to the baseline survey conducted by


the State Governments/Administration of Union
Territories, there are nearly 100 lakh Adolescent
Girls eligible to avail benefits under the Sabla
Scheme.

Indira Gandhi Matriva Sahyog Yojana (IGMSY)CMB Scheme:


A new Scheme for Pregnant and Lactating
women has been introduced by the Government
of India for implementation on a pilot basis in
52 districts in 2010-11. It is a Conditional Cash
Transfer Scheme under which cash incentive of
Rs. 4000 in 3 instalments is provided to pregnant
women of 19 years and above, for their first two
live births, between the second trimester of
pregnancy till the infant completes six months
of age, subject to fulfillment of specific maternal
and child health conditions.

The scheme aims to provide part compensation


for wage loss so that the women are not under
economic compulsion to work upto the last days
of pregnancy and immediately after delivery.
Further, it is an effort to improve the health
status of the mother and infant. IGMSY is being
implemented in 52 districts across the country.
According to the baseline survey conducted by
States/UTs, 12.5 Lakh pregnant and lactating
women are expected to avail services under the
IGMSY annually. Rs. 117 crores were releases to
States/UTs under the Scheme.

Support to Training and Employment Programme


for Women (STEP):

With a view to ensure employment and income


generation of marginalized women through
training the skill up gradation for self
employment, the scheme Support to Training
[27]

and Employment Programme for Women


(STEP) was launched as a Central Sector
Scheme in 1986-87.
The scheme seeks to provide updated skills and
new knowledge to poor and asset less women
in 10 traditional sectors i.e., Agriculture, Animal
Husbandry, Dairying, Fisheries, Handlooms,
Handicrafts, Khadi and Village Industries and
Sericulture and Waste Land Development and
Social Forestry for enhancing their productivity
and income generation. The objective of the
scheme is provide training for skill upgradation.

Swadhar:

The Swadhar Scheme was launched by the


Ministry during the year 2001-2002 as a Central
Sector Scheme for providing holistic and
integrated services to women in difficult
circumstances such as destitute widows,
deserted by their families in religious places
like Vrindavan and Kashi, women prisoners
released from jails and without family support,
women survivors of natural disasters who have
been rendered homeless and are without any
social and economic support, trafficked
women/girls rescued or runaway from
brothels, women victims of terrorist violence
who are without any family support and
without any economic means for survival,
mentally challenged women who are without
any support of family or relatives and women
with HIV/AIDS deserted by their family and
without social/economic support etc.

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building. The total project cost is Rs. 147 crores.

To enable groups of women to enhance their


earning capacity by employment cumincome generation programmes.

To train them in managerial entrepreneurship


and marketing skill so that both backward
and forward linkages can be established.
To help in asset formation in income
generation, and

To provide support services like legal


awareness, gender sensitization health,
education etc.
The target groups include marginalised,
assetless rural and urban poor women with
special focus on SC/ST households and families
below the poverty line. The scheme is being
implemented
through
Public
Sector
Organizations, District Rural Development
Agencies (DRDAs), Federations, Cooperatives
and Voluntary Organisations (Registered).

The package or services made available under


the Scheme include provision of food, clothing,
shelter, health care counseling and legal
support, social and economic rehabilitation
through education, awareness generation, skill
upgradation and behavioral training. The
scheme also supports a Helpline for women in
distress.

The Scheme is implemented through Social


Welfare/Women and Child Development
Department, Womens Development Corporation. Urban Local Bodies, reputed Public/
Private Trust or Voluntary Organizations etc.
provided they have the needed experience and
expertise in the rehabilitation of such women
on a project to project basis.

Women Empowerment and Livelihood Programme


in Mid-Gangetic Plains-Priyadarshini:

The Ministry is administering this IFAD assisted


pilot project in 13 blocks spread over four
districts viz, Shravasti, Bahraich, Rae Bareli and
Sultanpur in Uttar Pradesh and two districts
viz, Madhubani and Sitamarhi in Bihar.

Ujjawala:

The Programme aims at holistic empowerment


(economic and social) of vulnerable groups of
women and adolescent dirls in the project area
through formation of womens Self Help Groups
(SHGs) and promotion of improved livelihood
opportunities.

Ujjawala is Comprehensive Scheme for


Prevention of trafficking with five specific
components Prevention, Rescue, Rehabilitation,
Reintegration and Repatriation of victims of
Trafficking. It was launched on 4th December,
2007.

Over 1,00,000 households are to be covered


under the project and 7200 CHGs will be
formed during the project period ending 201617. Though the focus of project is on livelihood
enhancement, the beneficiaries will be
empowered to address their political, legal and
health problems though rigorous capacity

The Scheme comprises of five components :

[28]

(i)

Prevention, which includes formation of


Community Vigilance Groups /adolescents
groups, awareness and sensitization of
important functionaries like policy,
community leaders and preparation of

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ment using a convergence approach. Similarly,


at the State level, there would be a State
Mission Authority (SMA) and State Resource
Centre for Women (SRCW).

awareness generation materials, holding


workshops, etc.
(ii) Rescue, for safe withdrawal of the victim
from the place of exploitation.

The Government of Andhra Pradesh, Uttarakhand, Chhattisgarh, Mizoram, Bihar, Madhya


Pradesh, Jharkhand, Tripura, Rajasthan,
Gujarat, West Bengal, Punjab and Union
Territory of Chandigarh Administration has
informed about the setting up of SMAs. Gujarat
and J&K have set up SRCW also. The other
States are also in the process of setting up of
SMAs and RSCWs.

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(iii) Rehabilitation, which includes providing safe


shelter for victims with basic amenities such
as food, clothing, counselling, medical care,
legal aid, vocational training and income
generation activities etc.
(iv) Reintegration, for restoring the victim into the
family/community (if she so desires) and the
accompanying costs.

(v) Repatriation, to provide support to cross


border victims for their safe repatriation to
their country of origin.

An allocation of Rs. 10 crores has been made for


2011-2012 under the Scheme.
National Mission for Empowerment of Women

The Ministry of Women and Child Development


has launched on 8th March, 2010 a new
programme, namely, the Mission for Empowerment of Women (NMEW) with the objective to
empower women socially, economically and
educationally by securing convergence of
schemes/programmes of different Ministries/
Departments of Government of India as well as
State Governments. At the apex level, policy
direction will be laid down by National Mission
Authority (NMA), which is headed by Honble
Prime Minister and 13 Ministers are members
of NMA. NMA will be assisted by Central
Monitoring Committee and Inter-Ministerial
Coordination Committee (IMCC).
At the Central level, the National Resource
Centre for women (NRCW) Shall provide
technical support to the Mission Directorate.
NRCW will comprise experts in identified
domain areas. The NRCW would undertake
research, impact assessment studies of policies,
programmes and schemes of the Government,
and liasoning with existing structures/
institutions relating to womens empowerment.
The NRCW would also devise media strategties
to highlight the programes and schemes of the
Governments as well as awareness generation
programmes and schemes of focus on
retrograde social practices affecting the society.
It will assist the National Mission Authority
and the participating Ministries in planning,
implementing, monitoring and reviewing the
programmes relating to womens empower-

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The key functions of the National Mission are:

Economic empowerment of women.

Ensure that violence against women is


eliminated progressively.

Ensure social empowerment of women with


particular emphasis on health and education.

Oversee gender mainstreaming of programmes,


policies, institutional arrangements and
processes of participating Ministries, institution
and organizations.

Undertake awareness generation as well as


advocacy activities to fuel the demand for benefits
under various schemes and programmes and create,
if required, structures at district, tehsil and village
level with the involvement of Panchayats for their
fulfillment.
Integrated Child Protection Scheme (ICPS)

Ministry of Women and Child Development is


implementing this comprehensive Centrally
sponsored scheme since 2009-10 through the
State Government/UT Administrations on a
predefined cost sharing financial pattern. The
objectives of the Scheme are to contribute to the
improvement in the wellbeing of children in
difficult circumstances, as well as reduction of
vulnerabilities to situation and actions that lead
to abuse, neglect, exploitation, abandonment and
separation of children from parents.

ICPS provides preventive, statutory care and


rehabilitation services to children who are in need
of care and protection and children in conflict
with law as defined under the Juvenile Justice
(Care and Protection of Children) Act, 2000 and
its Amendment Act 2006 and any other
vulnerable child. It provides financial support to
State Governments/UT Administrations for
running services for children either themselves
[29]

or through suitable NGOs. These services include


(a) Homes of various types for children;
(b) Emergency
Childline;

outreach

service

through

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(c) Open shelters for children in need of care


and protection in Urban and Semi Urban
Areas;

existing administrative, enforcement and


monitoring provisions under the Pre Conception
and Pre-Natal Diagnostic Techniques (Prohibition
of Sex Selection) (PNDT) Act, 1994 and put in
place such mechanisms that can address the
problem of sex determination and foeticide in a
more effective manner. In addition, the onus
should be placed on all concerned to harness
available resources to arrest this decline. Besides,
strict enforcement of the PC & PNDT Act a
nation-wide campaign to close all unregistered
clinics should be initiated. Stringent action
should be initiated against violators of the law.
The role of advocacy for womens
empowerment and the drawing up of a
concerted plan of action for awareness
generation activities has also been emphasized.
Raising awareness and advocacy is also
important. Some of initiatives taken by MWCD
are: To create national awareness on issues
relating to girl child. In 2009, MWCD declared
January 24 as the National Girl Child Day; In
2010, as part of the celebrations, a panel
discussion was organised on Valuing the Girl
Child: Meeting the Challenges of Sex Selective
Abortion and Child Marriage; In 2011,
Empowerment of Adolescent girls with special
focus on the newly launched SABLA scheme
was the theme adopted for the National Girl
Child Day. States were also requested to
undertake programmes for raising awareness
on issues relating to girl child. Further, State
Governments have been regularly asked to take
appropriate advocacy measures to improve the
status of girl child in their respective States.

(d) Family Based Non-Institutional Care through


sponsorship foster care and adoptions.
In 2010-11, the Ministry assisted 1199 Homes,
143 Specialised Adoption agencies and 104
open shelters through State Governments/UT
Administrations.

Financial assistance under this Scheme is also


provided for setting up to statutory bodies under
the JJ Act namely, (a) Child Welfare Committees
(CWCs) and Juvenile Justice Boards (JJBs). As
reported by the State Governments/UT
Administrations, 548 CWCs and 561 JJBs have
so far been set-up across the country.

To ensure effective implementation of the


scheme and provide quality services to children,
ICPS also provides financial assistance to set
up service delivery structures with dedicated
staff at State and District levels. Prior to the
release of grants under the scheme, the State
Governments/UT Administrations are required
to sign a Memorandum of Understanding (MoU)
and commit their share of funds for
implementation of this scheme. The scheme had
been very successful in building an understanding on child protection issues amongst State
Government/UT Administrations functionaries.
The subject has now been placed high on priority
by all stakeholders which will lead to emergence
of an environment that is safe for all children.

The Girl Child

The results of Census 2011 show that the sex


ratio (Female/1000 males) in the country in country
increased from 933 in 2001 to 940 in 2011.
However, the sex-ratio in the age group 0-6 years
has shown decline from 927 in 2001 to 914 in 2011.
The Ministry has taken various initiatives to tackle
the falling sex-ratio of girl child as follow;
Prevention of female foeticide:
Crime and violence against the girl child starts
even before she taken birth. This is evident from
falling child sex-ratio from 945 in 1991 to 914.
The Ministry recommends strengthening the

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DhanlakshmiConditional Cash Transfer for Girl


Child with Insurance Cover:

A Pilot Scheme Dhanlakshmi-Conditional


Cash Transfer for Girl Child with Insurance Cover
(CCT) was launched on 3rd March, 2008 by the
Ministry of Women and Child Development. The
Scheme provides cash transfer to the family of the
girl child (preferably the mother) on fulfilling certain
specific conditionalities.
(i) At birth and registration of birth.

(ii) On progress of Immunization (6 monthly


transfer).

(iii) On completion of full immunization.

(iv) On enrolment and retention in school


(MWCD will provide cash transfer till class
8 and MHRD will provide cash incentives
from class 9 to 12).

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couples through reconciliation process. A major


function of the project is also to handle cases
of Violence Against Women (VAW), provision
of police assistance on criminal complaints,
referral to family service agencies, counselling,
legal aid and generating awareness of VAW.
NCW was nominated as the coordinating
agency at the National level for dealing with
issues pertaining to NRI marriages. NRI cell of
NCW deals with complaints received from
deserted women in India and abroad due to
cross-country marriages.

CH
IA R
S ON
AC I
C
AD L
E
EM
Y

The objective of the Scheme is two fold: (i) The


direct and tangible objective is to provide a set of
staggered financial incentives for families to
encourage them to retain the girl child and educate
her; (ii) to change the attitudinal mindset of the
family towards the girl. This will force the family
to look upon the girl as an asset rather than a
liability since her very existence has led to cash
inflow to the family. The Scheme is being
implemented in 11 blocks across seven States of
Andhra Pardesh, Chhattisgarh, Odisha, Jharkhand,
Bihar, Uttar Pradesh and Punjab.
UN Convention on the Rights of the Child

National Commission for Protection of Child


Rights (NCPCR) The Commission for Protection
of Child Rights Act, 2005 was notified in the
Gazette of India on 20th January, 2006. A
National Commission for Protection of Child
Rights was set up on 5th March, 2007 in
accordance with the provisions of the Act for
proper enforcement of childrens rights and
effective implementation of laws and
programmes relating to children. Its Mision is
to protect, promote and defend child rights in
India. Its mandate is to ensure that all laws,
policies, programmes, practices and administrative structure in the country are in
consonance with the child rights perspective
as enshrined in the Constitution of India and
also the UN Convention on the Rights of the
Child (CRC). State Commission have been set
up in Delhi, Sikkim, Goa, Maharashtra,
Karnataka, Madhya Pradesh, Rajasthan,
Punjab, Assam, Bihar, Chhattisgarh and
Odisha.

Rashtriya Mahila Kosh (RMK): The National


Credit Fund for Women or the Rashtriya Mahila
Kosh (RMK) was set-up in March 1993 as an
independent registered society with an initial
corpus of Rs. 31 crore which has increased to
Rs. 100 crores over the year. Its main objective
is to provide micro-credit to poor, assetless
women for income generation activities for asset
creation and for tiding over contingent
consumption needs, as also to act as an
instrument of socio-economic change and
development of women. Government has
proposed to restructure and strengthen RMK
to scale up their activities including that of
background and forward linkages to function
as a single window facilitator and service
provider for women Self Help Groups (SHGs).

India acceded to the UN Convention on the


Rights of the Child on 11 December, 1992 to
reiterate its commitment to the cause of children.
The objective of the Convention is to secure the
right of every child to survival, education,
protection, growth and development in a healthy
and congenial environment. The two Optional
Protocols to the Convention on the Rights of the
Child (CRC) on (i) Involvement children in armed
conflict; and (ii) sale of children, child prostitution
and child pornography, have also been signed and
ratified by the country in the year 2005. The third
and fourth combined Periodic Report on the
UNCRC and the initial Reports on the two Optional
Protocols have been presented to the Office of High
Commissioner for Human Rights on 26.08.2011.

STATUTORY AND AUTONOMOUS


ORGANIZATIONS

National Commission for Women (NCW) is a


statutory body constituted on 31.1.1992 under
the National Commission for Women Act, 1990.
The main task of the Commission is to study
and monitor all matters relating to the
constitutional and legal safeguards provided for
women and to review the existing legislations
and suggest amendments, wherever necessary.

(a) The Commission also ensures speedy redressal


of grievances of women. The NCW has
formulated a scheme titled Scheme for Relief
and Rehabilitation of Victims of Rape, 2005. It
envisages compensation to the victims of rape
up to a maximum amount of Rs. 2 lakhs for all
rehabilitation measures. The National
Commission for Women has also initiated a
pilot project with Delhi Police in May, 2008.

(b) The project is called Save Home, Save Family.


The intention is to settle disputes of married
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[31]

CONSTITUTIONAL PROVISIONS
RELATING TO PERSONS WITH
DISABILITY AND THE OLD

CH
IA R
S ON
AC I
C
AD L
E
EM
Y

Article 41. (DPSP) Right to work, to education


and to public assistance in certain cases -

for Older Persons (NCOP) to advise and aid the


Government on developing policies and
programmes for older persons. It provides feedback
to the Government on the implementation of the
National Policy on Older Persons and the specific
initiatives for older persons. The NCOP is the
highest body to advise and coordinate with the
Government in the formulation and implementation
of policy and programmes for the welfare of the
aged.

The State shall, within the limits of its


economic capacity and development, make
effective provision for securing the right to
work, to education and to public assistance
in cases of unemployment, old age, sickness
and disablement, and in other cases of
undeserved want.

OTHER INITIATIVES

National
Handicapped
Finance
and
Development Corporation: The National Handicapped Finance and Development Corporation
(NHFDC) is an apex-level financial institution for
extending credit facilities to persons with disabilities
for their economic development. Funds assistance is
disbursed through the channelising agencies
authorized by the State Governments/UT.
Administrations and Non-Government Organisation.
It also extends loans for pursuing education at
graduate and higher levels. Besides, it assists in the
upgradation of technical and entrepreneurial skills
to enable beneficiaries to manage their production
units efficiently.
National Policy for Older Persons: The
National Policy for Older Persons (NPOP) was
announced in January 1999, with the primary
objective to encourage individuals tomake provision
for their own as well as their spouses old age; to
encourage families to take are of their older family
members; to enable and support voluntary and nongovernmental organizations to supplement the care
provided by the family; to provide care and
protection to the vulnerable elderly people, to
provide health care facility to the elderly; to
promote research and training facilities to train
geriatric caregivers and organizers of services for
the elderly; and to create awareness regarding
elderly persons to develop them into fully
independent citizens.
National Council for Older Persons (NCOP):
The Government has reconstituted National Council

CONSTITUTIONAL PROVISIONS
RELATING TO PREVENTION OF
SUBSTANCE ABUSE

Article 47 (DPSP) Duty of the State to raise


the level of nutrition and the standard of living
and to improve public health -

The State shall regard the raising of the level of


nutrition and the standard of living of its people
and the improvement of public health as among its
primary duties and, in particular, the State shall
endeavour to bring about prohibition of the
consumption except for medicinal purposes of
intoxicating drinks and of drugs.

Rehabilitation Council of India: The Rehabilitation Council of India is a statutory body set
up under the Rehabilitation Council of India Act,
1992. The Council is responsible for regulating the
training policies and programme for various
categories of professionals in the area of
rehabilitation and special education. Its functions
include: (i) standardization and regulation of
training courses at different levels in all the training
institutions throughout the country, (ii) recognition
of institutions/universities running training courses
in the area of rehabilitation of the disabled within
and outside the country on a reciprocal basis, (iii)
promotion of research in rehabilitation and special
education, (iv) maintenance of a Central Rehabilitation Register for professionals possessing the
recognised rehabilitation qualifications in the area
of rehabilitation, and (v) encouragement of
Continuing Rehabilitation Education programmes
in collaboration with organizations working in the
area of disability.


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