1

HIDAYATULLAH NATIONAL LAW

UNIVERSITY

RAIPUR, CHHATTISGARH

Project Topic: „Laws relating to vulnerable sections of

community with special reference to SC‟
Date of submission:16/08/2018

Submitted By Submitted To:

Moulik Shrivastava Dr. Hanumant Yadav

Roll No. : 86 Visiting Professor

Sem:III HNLU

Section: C
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DECLARATION

I hereby declare that this project work titled “Laws relating to vulnerable sections of

community with special reference to SC” is my own work and represents my own ideas

and where others‟ ideas or words have been included, I have adequately cited and referenced

the original sources. I also declare that I have adhered to all principles of academic honesty

and integrity and have not misrepresented or fabricated or falsified and idea/data/fact/source

in my submission.

Moulik Shrivastava

B.A. LL.B.(Hons.)

Semester-III

Section “C”

Roll No.- 86
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ACKNOWLEDGEMENTS

I, Moulik Shrivastava, would like to humbly present this project to Dr. Hanuant Yadav for

his encouragement and guidance regarding several aspects of this project. I am thankful for

being given the opportunity of doing a project on “Laws relating to vulnerable sections of

community with special reference to SC”.

I am thankful to the library staff as well as the IT lab staff for the conveniences they have

provided me with, which have played a major role in the completion of this project report.

I would like to thank God for keeping me in good health and senses to complete this project.

Last but definitely not the least; I am thankful to my seniors for all their support, tips and

valuable advice whenever needed. I present this project with a humble heart.

Moulik Shrivastava

B.A. LL.B.(Hons.)

Semester-III

Section “C”

Roll No.- 86
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TABLE OF CONTENTS

INTRODUCTION 1
OBJECTIVES OF THE
2
STUDY
SCOPE OF STUDY 3
RESEARCH
3
METHODOLOGY
ORGNIZATION OF STUDY 4
VARIOUS VULNERABLE
SECTIONS OF THE 5-7
SOCIETY
LAWS RELATING TO
8-9
WOMEN IN INDIA
LAWS RELATING TO
10
CHILDREN IN INDIA
THE ADVERSARIES WITH
11
SCHEDULED CASTES
VIOLENCE AND
ATROCITIES WITH 12-13
SCHEDULED CASTES
THE PREVENTION OF
14-15
ATROCITIES ACT,1989
EMPOWERMENT OF THE
VULNERABLE SECTIONS 16-17
OF THE COMMUNITY
CONCLUSION 18
BIBLIOGRAPHY 19
 1

INTRODUCTION

Human rights and fundamental rights attach to all persons equally, by virtue of their
humanity, irrespective of race, nationality, or membership of any particular social group.
They specify the minimum conditions for human dignity and a tolerable life. These are those
which are inherent to all human beings whatever be the nationality, place of residence, sex,
national or ethnic origin, color, religion, language, or status in the society. Human rights
encompass a wide variety of rights like right to life, right to freedom of religion, right to
equality before law, economic, social and cultural rights, such as right to work, security and
education, etc. Human rights are universal and moral. All individuals re entitled to these
rights without any discrimination on any ground. All these rights are interdependent, inter-
related and indivisible.

In this project human rights have been explained in detail. Special emphasis is given to
human rights to vulnerable sections. Also the provisions of the Protection of Human rights
Act, 1993 have been discussed. In the end, working of National and State Human Rights
Commission have also been analyzed. In the end, conclusions have been drawn.
 2

OBJECTIVES OF THE STUDY

1. Critical Analysis of Law protecting vulnerable section

2. Importance of Human Rights
3. Constitutional Provisions for weaker section of community
 3

SCOPE OF STUDY

In this project, I have restricted my study to talk about the laws helping and protecting
the weaker and vulnerable sections of the community to prosper and grow, with
various governmental schemes, ramifications of the study, concluding paragraph.

RESEARCH METHODOLOGY
This project report is based on Descriptive Research Methodology. Secondary
Electronic resources have been largely used to gather the informative content and fata
about the topic. Books and other references as guided by the honourable Faculty have
been primarily been very helpful in giving this project a firm structure as well as
strength. Websites, dictionaries and articles have also been referred.
 4

ORGANISATION OF STUDY

This project is divided into 3 parts:

1) Various vulnerable sections of the society

2) Numerous laws relating to those sections
3) The Prevention of Atrocities Act, 1989 and its implementation
 5

Various Vulnerable Sections of the Society

(I) Children
Children form a very vulnerable part of the human societies. They deserve to be
valued, nurtured, and have their rights protected by responsible adults. It is incumbent
upon every human being to protect and nurture his biological children. The world
shall be a better place depending on how children are treated today. Therefore, own
selfish interests, it is advisable to wake up to the plight of vast number of children
living in poverty, where they are denied their basic right to live as human beings. So
pathetic is the condition of the world children that the UN has formulated The
Convention on the Rights of the Child (CRC), in order to awaken slumbering nations
to prevent the waste of their most valuable natural resource.

India has more working children than any other nation. Despite Constitutional
guarantee of civil rights, children face discrimination on the basis of caste, religion
and ethnicity. Even the basic need for birth registration that will assure them
nationality and identity remain unaddressed, affecting children‟s right to basic
services. Everyday news of children dying of starvation, dipping sex ratio, child
marriage, child trafficking, child abuse, etc. is very common. Violations of children‟s
rights are not limited to poor and downtrodden only. They happen in middle class and
elite homes also, though in different forms. Girls in vulnerable situations such as
poverty, disability, homelessness etc. find themselves doubly disadvantaged, by their
gender and the physical, economic, political, social situation that they find themselves
in. It is therefore imperative to take a gender perspective into account in examining
the situation of children[17]. Some other examples of violations of children‟s rights
are pre-natal diagnostic techniques to determine the sex, illegal sale of babies,
imposition of corporal punishment on the child, children as victims of crimes – sexual
abuse, bonded labour, child labour, child prostitution, use by criminal gangs,
juveniles, etc. Various legislations like Juvenile Justice (Care and Protection of
Children) Act, 2000, Immoral Traffic (Prevention) Act, 1956, Child Marriage
Restraint Act, 1929, etc. have been made in addition to the Protection of Human
Rights Act, 1993, to deal with specific issues.

(II) Scheduled Castes and Scheduled Tribes

The concept of secularism is one facet of right of equality. Secularism is the basic
feature of the Indian Constitution. It envisages a cohesive, unified and classless
society. The aim of any civilized society is to secure dignity to every individual.
There cannot be dignity without equality of status and opportunity. The absence of
equal opportunities in any walk of social life is a denial of equal status and equal
participation in the affairs of the society. The condition of scheduled castes and
scheduled tribes was very bad in the society. The Scheduled castes (lower castes)
remained economically dependent, politically powerless and culturally subjugated to
the upper caste. The Scheduled Tribes like the Scheduled Castes face structural
 6

discrimination within the Indian society. Unlike the Scheduled Castes, the Scheduled
Tribes are a product of marginalization based on ethnicity. Their birth-right was the
badge of shame; degradation; lifelong poverty; and their only fault was to be born to
their parents. In India, the population of Scheduled Tribes is around 8 million and
they are socially and economically disadvantaged. They are mainly landless with little
control over resources such as land, forest and water. They constitute a large
proportion of agricultural laborers, casual laborers, plantation laborers, industrial
laborers, etc. This has resulted in poverty among them, low level of education and
reduced access to health care services. Initially as according to the hierarchy followed
in the society, the work of the lowest caste in the society was to eliminate the
pollution from the society. This caste was economically dependent on the upper caste
for existence.

One sixth of India‟s population live a precarious existence, shunned by much of

Indian society because of their rank as „untouchables‟ or Dalits – literary meaning –
broken people – at the bottom of the Indian caste system. Dalits are discriminated
against, denied access to land and basic resources forced to work in degrading
conditions and routinely abused at the hands of police and dominant caste groups that
enjoy state protection. In the case of Janki Prasad Parimoo v. State of Jammu and
Kashmir it was held that – “Article 15(4) speaks about „socially and educationally
backward classes of citizens‟, while Article 16(4) speaks only of „any backward class
of citizens‟. However, it is now settled that the expression „backward class of citizens‟
in Article 16(4) means the same thing as the expression „any socially and
educationally backward classes of citizens‟ in Article 15(4).”

When the Constitution of India was adopted in the year 1950, under the influence of
Dr. B.R.Ambedkar, it departed from the norms and values of the caste system in
favour of Justice, Liberty, Equality and Fraternity guaranteeing all citizens the basic
human rights regardless of caste, creed, race or ethnicity. The implementation and
enforcement of these principles has however been a dismal failure. Various
legislations and rules like Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 have also been passed.1

(III) Women
Women face double discrimination being members of specific caste, class or ethnic
group apart from experiencing gendered vulnerabilities. Women have low status as
compared to men in the Indian society. They have little control over the resources and
important decisions related to their lives. In India, early marriage and childbearing
affects the health of the women adversely. Also, maternal mortality rate is very high.
During infancy and growing years a girl child faces different forms of violence like
infanticide, neglect of nutrition needs, education and healthcare. As adults they face
violence due to unwanted pregnancies, domestic violence, sexual abuse at the

1
http://www.legalserviceindia.com/article/l431-Human-Rights-Of-Vulnerable-Sections.html
 7

workplace and sexual violence including marital rape and honor killings. The
experience of violence and its impact on health varies according to the women‟s caste,
class and ethnic identity. Women have always been exploited by the patriarchal
society. Even after more than 50 years of our independence, Indian woman wear a
pathetic look. They face an atmosphere of debilitating violence.

(IV) Other Vulnerable Sections

In India, the growing number of elderly is a matter of serious concern for government
as well as policy planners. The vulnerability among the elderly is not only due to an
increased incidence of illness and disability, but also due to their economic
dependency upon their spouses, children and other younger family members.
Vulnerability among the elderly also depends on their living arrangement since the
elderly are less capable of taking care of themselves compared to younger persons and
need the care and support of others in several aspects. Disability poses greater
challenges in obtaining the needed range of services. Persons with disabilities face
several forms of discrimination and have reduced access to education, employment
and other socioeconomic opportunities. Mental illness is a prominent form of
disability.2

2
http://www.legalserviceindia.com/article/l431-Human-Rights-Of-Vulnerable-Sections.html
 8

LAWS RELATING TO WOMEN IN INDIA

The problem of violence against women is multifaceted – Remember knowledge is power.

Given the number of crimes that are committed against women, it is pertinent that women are
aware of the laws that are in place to protect them.

The National Commission for Women was set up as statutory body in January 1992 under the
National Commission for Women Act, 1990 ( Act No. 20 of 1990 of Govt.of India) to
review the Constitutional and legal safeguards for women; recommend remedial legislative
measures, facilitate redressal of grievances and advise the Government on all policy matters
affecting women.

The Prohibition of Child Marriage Act, 2006

According to the International Research Centre for Women, almost 47 percent of girls are
married before the age of 18. Currently, India ranks 13 in the world when it comes to child
marriages. Since child marriage has been steeped in the Indian culture and tradition since
centuries, it has been tough eliminating it.

The Prohibition of Child Marriage Act was made effective in 2007. This act defines child
marriage as a marriage where the groom or the bride is underage, that is, the bride is under 18
years of age or the boy is younger than 21 years.

Parents trying to marry underage girls are subject to action under this law. Since the law
makes these marriages illegal, it acts as a major deterrent.

Special Marriage Act, 1954

The objectives of this act are to provide – a special form of marriage in certain cases, provide
for registration of certain marriages and, to provide for divorce. In a country like India and
with the diverse religions and cast, when people from different faiths and caste chose to get
married they do it under the Special Marriage Act.

Dowry Prohibition Act, 1961

According to this act, taking or giving of dowry at the time of the marriage to the bride or the
bridegroom and their family is to be penalized. Dowry system, giving and taking of dowry, is
a norm in India. Dowry is often asked of the bride and her family by the groom and his
family. The system has taken strong roots because women after marriage move in with their
spouse and in-laws. Also, over the centuries, the lack of economic independence of women
and the taboo towards divorce has resulted in bride burning. When demands for dowry even
after marriage are not met by the girl‟s families, many women are tortured, beaten and even
burnt.3

3
https://www.legalbites.in/laws-related-to-women-in-india/
 9

Maternity Benefit Act,1861

This act regulates the employment of women and maternity benefits mandated by law. It
states that a woman employee who has worked in an organization for a period of at least 80
days during the 12 months preceding the date of her expected delivery is entitled to receive
maternity benefits, which includes maternity leave, nursing breaks, medical allowance, etc.

Medical Termination of Pregnancy Act, 1971

The Act came into effect into 1972, was amended in 1975 and 2002. The aim of the Act is to
reduce the occurrence of illegal abortion and consequent maternal mortality and morbidity.

It clearly states the conditions under which a pregnancy can be ended or aborted and specifies
the persons qualified to conduct the same.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013

To ensure women‟s safety at the workplace, this Act seeks to protect them from sexual
harassment at their place of work. Thirty-six percent of Indian companies and 25 percent
among MNC‟s does not comply with the Sexual Harassment Act according to a FICCI-EY
November 2015 report.

Sexual harassment at workplace also includes – the use of language with sexual overtones,
invasion of private space with a male colleague hovering too close for comfort, subtle
touches and innuendoes.

National Commission for Women Act, 1990

The National Commission for Women (NCW) is a statutory body of the Government of
India, established in January 1992. Lalitha Kumaramangalam was appointed its Chairperson
in 2014.

The NCW represents the rights of women in India and provides a voice for their issues and
concerns. The National Commission for Women Act aims to improve the status of women
and worked for their economic empowerment.4

4
https://www.legalbites.in/laws-related-to-women-in-india/
 10

LAWS RELATING TO CHILDREN IN INDIA

The increased crime rate against the children, even after enacting so many laws &
implementing them, has raised an alarming concern all over the world as children are being
misused for fulfilling some people‟s illegal purposes. So along with various laws, it is also
our social responsibility to take care of the children & to protect their rights.

There are many Acts enacted in India for the protection children rights:

The Factories Act, 1948.

The Probation of Offenders Act, 1959.

The Child Labour Act, 1986.

The Child Marriage Restraint Act, 1986.

The Juvenile Justice Act, 2000.

The Pre- Conception & Pre- Natal Diagnostic Techniques (Prohibition of Sex Selection) Act,
2002 and many others.

National Policy for Children (NCP), National Institute of public Co-operation & Child
Development (NIPCCD), The Integrated Child Development Services are polices made by
Government. Even NHRC & UNICEF are also organization, takes special efforts to protect
children rights.5

5
https://www.latestlaws.com/bare-acts/central-acts-rules/children-laws/legal-provision-related-children/
 11

THE ADVERSARIES WITH THE SCHEDULED CASTE

(A historical perspective)

Dalits- officially known as „Scheduled Castes‟ long term for SCs- constitute 16.23%
of India‟s population. They have historically occupied the lowest status in the Indian
society. A central feature of caste discrimination is the concept of „untouchability‟
based on the notion that certain caste groups are considered impure and polluting to
other caste groups, leading to social ostracism, economic exploitation and denial of
human dignity. Article 17 of the Indian Constitution outlaws the practice of
„untouchability‟. However, despite legal and constitutional provisions as well as
affirmative action schemes, SCs continue to face many forms of untouchablity
practices as well as social, economic and institutional deprivation. The Indian
Constitution vide Article 15 lays down that no citizen shall be subjected to any
disability or restriction on the ground of religion, race, caste, sec or place of birth. It
also guarantees that every citizen shall have equality of status and opportunity.

Prior to formation of NITI Aayog, the Planning Commission highlighted the fact that
nowhere else in the world has any particular section of society that has been devoid of
the basic human rights, dignity of labour and social inequality on the basis of
classification that finds its root in religious writings.

The Commission also added in furtherance: Since the caste system attains its sanctity
in religious writings, emancipation from the rigid classification has been difficult to
achieve. The consequence of these traditional restrictions in the past is to be seen,
even today.6

6
P.S. Krishnan, ‘Atrocities against Dalits: Retrospect and Prospect’, Combat Law, Vol.8
 12

VIOLENCE AND ATROCITIES AGAINST SCHEDULED CASTES

SCs face persistent discrimination and serious crimes are commited against them ranging
from abuse on caste name, murderes, rapes, arson, social and economic boycotts, naked
parading of SC women, force to drink urine and eat human excreta. As per the Crime
Statistics of India, every 18 minutes a crime is committed against SCs; every day 27 atrocities
against them(3 rapes, 11 assaults and 13 murders); every week 5 of their homes or
possestions are burnet and 6 persons kidnapped or abducted. The UN Special Rapporteur on
Violence against Women had noted that Dalit Women face targeted violence, even rapes and
death, from state actors and powerful members of dominant castes who employ these
methods to inflict political lessons and crush the dissent within the community.

According to the National Crime Records Bureau, Ministry of Home Affairs Compendium-
2011 report the registered cases under SC/ST Prevention of Atrocities Act agasinst Scheduled
Castes in:

1) 2007 – 9819
2) 2008 – 11602
3) 2009 – 11143

A total of 11,342 cases were reported under this Act during the year 2011 as compared to
10,513 cases in the year 2010 thereby reporting as increase of 7.9%.

And now around 47,000 cases against the Scheduled Community in 2017.7

7
https://cybercrime.gov.in/cybercitizen/home.htm
 13

8
http://ncrb.gov.in/
 14

THE PREVENTION OF ATROCITIES ACT, 1989

Meaning of Atrocity:

1. Atrocity is an “expression commonly used to refer to crimes against the SCs

and STs in India”.
2. It “denotes the quality of being shockingly cruel and inhumane, whereas the
term crime relates to an act punishable by law”.
3. It implies “any offence under the Indian Penal Code committed against SCs
and STs by non-SC and ST persons. Caste consideration as a motive is not
necessary to make such an offence of atrocity”

Rations of the Act:

The rations of Atrocities Act and Rules is generally a division into three
different categories, which covers a list of problems or issues related to
atrocities against SC/ST people and their position in society.

 The first category contains provisions related to criminal law. This category in
generally establishes criminal liability for a number of specifically defined
crimes, and also extends the scope of certain categories of penalizations
given in the Indian Penal Code (IPC).
 The second category contains provisions for relief and compensation for
victims of atrocities.
 The third category contains provisions that set up special authorities for the
exertion and monitoring of the Act.

Implementation:

Preventive and precautionary measures are to be taken by the State government is

listed out in Rule 3. Under this rule the government is under a duty to identify the area
where it has reason to believe that atrocity may take place or there is an apprehension
of reoccurrence of an offence under the Act; set up awareness centers and organize
workshops; encourage NGOs; deploy special police force in the identified area
 15

etc. Rule 4 requires the government to effectively supervise the prosecution by

preparing a district wise panel of eminent senior advocates (at least seven years
practice) for conducting the cases under this Act in the special courts and pay them
fees on a scale higher than the other panel advocates of the state. Rule 5 is about
information to police on commission of offence under this Act. Rule 6 requires the
district Magistrate etc. to conduct spot inspection on any information of atrocity
within his jurisdiction. Investigating officers shall be appointed after taking into
account his past experience, sense of ability etc. provides Rule 7. Rule 8 requests the
state to set up a SCs & STs Protection Cell to be responsible for reviewing the
identified area & maintaining tranquility there, enquiring as to refusal to lodge
complaint, negligence by public servant, etc. Under Rule 9, State shall nominate a
Nodal Officer who shall coordinate the functioning of the officers appointed to
implement this Act. Rule16 requires constitution of state-level vigilance & monitoring
committee with chief minister as head & Rule17 requires such a committee at the
district level.9

9
https://blog.ipleaders.in/prevention-atrocities/
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EMPOWERMENT OF VULNARABLE SECTIONS OF THE

COMMUNITY

1) National Scheduled Castes Finance and Development Corporation (NSFDC):

Set up under the Ministry, to finance income generating activities of Scheduled Caste
beneficiaries living below double the poverty line limits (presently Rs 98,000/- per annum for
rural areas and Rs 1,20,000/- per annum for urban areas). NSFDC assists the target group by
way of refinancing loans, skill training, Entrepreneurship Development Programmes and
providing marketing support through State Channelizing Agencies, RRBs, Public Sector
Bank and Other Institutions

2) Scheme of Assistance to Scheduled Castes Development Corporations (SCDCs):

Share Capital contribution is released to the State Scheduled Castes Development

Corporations (SCDCs) under a Centrally Sponsored Scheme in the ratio of 49:51 between
Central Government and State Governments. There are in total 27 such State-level
Corporations which are working for the economic development of Scheduled Castes,
although some of these Corporations are also catering to the requirements of other weaker
sections of the Society, e.g. Scheduled Tribes, OBCs, Minorities etc. The main functions of
SCDCs include identification of eligible SC families and motivating them to undertake
economic development schemes, sponsoring the schemes to financial institutions for credit
support, providing financial assistance in the form of the margin money at a low rate of
interest, providing subsidy out of the funds made available to the States under the Scheme of
Special Central Assistance to Scheduled Castes Sub Plan of the States to reduce the
repayment liability and providing necessary tie up with other poverty alleviation
programmes. The SCDCs are playing an important role in providing credit and missing inputs
by way of margin money loans and subsidy to the target group. The SCDCs finance the
employment oriented schemes covering diverse areas of economic activities which inter-alia
include (i) agriculture and allied activities including minor irrigation (ii) small scale industry
(iii) transport and (iv) trade and service sector

3) Venture Capital Fund for Scheduled Castes:

The objective of the fund is to promote entrepreneurship amongst the Scheduled Castes who
are oriented towards innovation and growth technologies and to provide concessional finance
to the scheduled caste entrepreneurs. The fund has been launched on 16.01.2015. During
2014-15, Rs.200 Crore were released initially for the Fund to IFCI Limited, which is a Nodal
agency to implement it. 10

10
https://www.civilserviceindia.com/subject/General-Studies/notes/welfare-schemes-for-vulnerable-
sections.html
 17

4) Credit Enhancement Guarantee Scheme for Scheduled Castes:

The objective of this Scheme is to provide credit guarantee facility to Young and start-up
entrepreneurs, belonging to Scheduled Castes, who aspire to be part of neo middle class
category, with an objective to encourage entrepreneurship in the lower strata of the Society
resulting in job creation besides creating confidence in Scheduled Castes. The Scheme has
been launched on 06.05.2015. Initially, Rs.200 Crore has been released under the Scheme to
IFCI Limited, which is a Nodal agency to implement it.11

11
https://www.civilserviceindia.com/subject/General-Studies/notes/welfare-schemes-for-vulnerable-
sections.html
https://www.civilserviceindia.com/subject/General-Studies/notes/welfare-schemes-for-vulnerable-
sections.html
 18

CONCLUSION

Traditionally, the different Scheduled Castes were employed in the various types of
occupations and with their varying social and economic positions, were assigned different
ranks in the overall ritual and social hierarchy of the caste system. One might think of these
castes, not as part of the organization of a village society contrary that the Scheduled Castes
were associated in certain ways with social organization but their touch either with a person
or a commodity belonging to a Caste Hindu was avoided as far as possible. Thus, there
existed strata of castes on the basis of their farness from the clean castes. What governs the
daily life of a Scheduled Caste is discrimination on the basis of caste manifests itself through
visible practices such as a separate drinking water wells, segregated housing colonies,
separate burial grounds, segregated places of worship, separate seating of children during
mid-day meals at school, denial of taking food from scheduled caste cooks in mid-day meals
at schools, prohibition of dressing like others do, prohibition of intercaste dining and
marriages, or mounting a horse during a wedding, amongst scores of other forms.
Discrimination also manifests itself through non-visible forms in the shape of caste prejudices
that can be heard in the spoken language through idioms and phrases. The failure of the
Indian state and its instruments to cope with the problems arising in the process of socio-
economic change in a society with adult suffrage and equality of opportunity and status,
among other similar objectives provided in our constitution, has led to rising expectations on
the one hand, and growing consciousness of the exploitation and indignity in social relations,
on the other. Such a combination has inevitably led to strong resentment expressing itself in
violence. Unless these infirmities are removed and progress made towards the creation of a
truly just society and non-exploitative social order, violence is not only likely to continue but
may get aggravated.
 19

BIBLIOGRAPHY

www.jstor.com

www.crimestatsindia.com

www.legalservicesindia.com

ncrb.gov.in

Atrocities Against Scheduled Castes And Scheduled Tribes; G.S. Narwani

Reservation : Policy, Practice and Its Impact on Society : Scheduled Castes and Scheduled
Tribes (1st Vol); Professor Upendra Baxi