HIMALAYAN UNIVERSITY

JOLLANG, ITANAGAR
SESSION : 2022-2023
ASSIGNMENT

Subject: Human Rights & Constitutional Law

Su bm it t ed t o: Su bm it t ed by :
Sh. L.Malem Mangal Name: Tapor Bayor
Asst. Professor, Faculty of Law Course: LLM Second Yr.
Himalayan University Reg.No: 5087101012200016
Date: 28.03.2022
Table of Contents:

Chapter Chapter Name Page

No No
I Introduction 1
II Who are the Weaker 2
Sections of the
Society
III Constitutional 3
Provisions for the
weaker section of the
Society
IV Statutory Provisions 5
for the weaker
section of the society
V Upliftment of the 6
weaker section vis-à-
vis Constitutional &
Statutory provisions
VI Conclusion 7
Bibliography 8
Bibliography:

1. Basu, D. D; Shorter Constitution, 15th edition Volume 1, LexisNexis New

Delhi, 2018

2. Basu, D. D; Shorter Constitution, 15th edition Volume 2, LexisNexis New

Delhi, 2018

3. Jain, M.P; Indian Constitutional Law, 8th Ed., LexisNexis Haryana

2019

4. Basu, D.D Dr.; Comparative Federalism, 2nd Ed., LexisNexis Haryana

2021
Chapter - I : Introduction

India is committed to the welfare and development of its people in general and of

vulnerable sections of society in particular. Equality of status and opportunity to all citizens

of the country are guaranteed by the Constitution of India which also provides that no

individual shall be discriminated against on the grounds of religion, caste or sex.

Fundamental Rights and specific provisions, namely, Articles 38, 39 and 46 in the

Constitution of India stand testimony to the commitment of the State towards its people. The

strategy of the State is to secure distributive justice and allocation of resources to support

programmes for social, economic and educational advancement of the weaker sections in

general and those of Scheduled Castes and Scheduled Tribes, Backward Classes and

Minorities in particular to avoid injustice and exploitation.

India is a caste-ridden society, where the majority of the population faces social

inequality at some of the other points. From the beginning, social and educational inequalities

can be found in society. For example, brahmins are considered to be the higher caste because

they are advanced economically, educationally, and socially.  Also, the zamindars were

socially, economically, and educationally strong, the rest of the people working in the field or

working for them were considered to be the weaker section/ backward class. As of now, India

is working to fill the gaps between the powerful and the weaker sections of society. Through

implementing different government and non-government schemes.

The idea of equality was envisioned by the Constitution's founders. Economic

fairness, active involvement with a reserved share for the upliftment of socially and
economically disadvantaged groups, including religious minorities, through governmental
and non - governmental organizations plans are all examples of socio-economic freedom.
Since the Constitution's inception, several changes have been passed to help the weaker
members of society.
Chapter – II : Who are the weaker section of the society?

The term weaker section refers to a section of the population that is socially,

economically, and politically behind the other sections of the population and has been

experiencing various forms of inabilities as a result of their backwardness. The Government

of India Act, 1935 defines “weaker sections” as class or classes of people who are suffering

from educational and economic backwardness, as well as some aspects of social life, due to

traditional customs of untouchability, tribal background, tribal way of life or other

backwardness. Different resolutions of the Indian government have divided the weaker

groups into three main categories:

1. Scheduled castes

2. Scheduled tribes 

3. Other backward classes 

But this list is not exhaustive. Women, aged persons, disabled, sexual minorities are also

deprived of the benefits and they are ill-treated. Thus, weaker sections that face

discrimination include- women, scheduled castes(SC), scheduled tribes (ST), children,

disabled, aged, poor migrants, sexual minorities, people suffering from HIV/AIDS, and other

backward classes. The Constitution has provided provisions not only for SC/STs, backward

classes but also for the other weaker sections of society.

Chapter-III : Constitutional Provisions for the weaker section of the society
The Indian Constitution vide Article 15 lays down that no citizen shall on the grounds
of religion, race, caste, sex or place of birth be subjected to any disability or restriction. It
also guarantees that every citizen shall have equality of status and opportunity. In a country
like India with heterogeneous groups and sub-groups, the problems of social inequality and
class divide need to be recognised and resolved by all available democratic measures
including special legislations to deal with particular Acts constituting offences against such
weaker sections of the society. `Scheduled Castes' and `Scheduled Tribes' are two such
identified social groups. Article 46 of the Constitution of India expressly provides that the
State shall promote with special care the educational and economic upliftment of the Weaker
Sections of the society, in particular of SCs & STs and shall protect them from injustice and
from all forms of exploitation.
Constitutional makers have provided different safeguards in the Constitution of India
for the upliftment and protection of the weaker section of the society. They are as follows:
 Article 14 : It provides for the equal protection of law and equality before the law.
Therefore, irrespective of class every citizen has the right to be treated equally before
the law.
 Article 15: It prohibits discrimination based on disability, restriction, or the grounds
of castes, religion, sex, or place of birth. Whereas nothing in this article will prevent
the state to make special provisions and arrangements for the betterment of : 
1. The children and women [Article 15(3)].
2. Socially and economically backward classes/ scheduled castes / scheduled
tribe [Article 15(4) & Article 15(5)].
 Article 16: It provides equal opportunities to all citizens in matters of employment or
appointment of any office under the state. States can make special provisions related
to the reservation, appointment for the backward classes, and the state has the
authority to decide whether the person falls in the definition of backward classes. This
provision helps to strengthen the weaker section in monetary terms.
 Article 17 : It abolishes untouchability and it is a punishable offence under
the Protection of the Civil Rights Act, 1955.
 Article 19(5): It provides that the state is allowed to restrict freedom of movement for
the benefits of the Scheduled tribe.
 Article 21: provides that every person is entitled to the right to life and personal
liberty except the procedure established by law. Irrespective of the castes, sex,
religion, or place of birth everyone is entitled and they can’t be deprived of his life. 
 Article 21A:  All children between the age of 6 to 14 years are entitled to free and
compulsory education. 
 Article 24:  Employment of children below the age of 14 years in factories, mines, or
any other hazardous employment are prohibited. This article prohibits: 
1. Child labour
2. Working in the construction industry 
 3. Mines 
4. Hazardous employment 
 Article 25: Every person has freedom of conscience and they are entitled equally to
profess, propagate and practise any religion subject to public order, health and
morality.
 Article 29:  It protects the interest of minorities wherein they have the right to
conserve the culture/language/script of their own. Further, any citizen based on
religion, race, or castes cannot be denied admission to any educational institution
funded by the state. 
 Article 30: Linguistic or Religion minority have the right to establish and administer
educational institutions. 
 Article 38: State must act to minimize inequalities in terms of income, status,
facilities, and opportunities available. 
 Article 39: Men and women are equally entitled to adequate means of livelihood,
equal pay for equal work for men and women, the health of the worker, no abuse
against youth, children are provided with the opportunity to develop healthily to
secure, and no citizen must be forced out of economic necessity to pursue something
which unsuited for their age or quality.
 Article 39A:  State must provide free legal aid to the people who can’t afford it
because of economically weaker sections  or due to some disabilities.
 Article 41: State must secure the right to education, the right to work within its
economic limits and the right to public assistance in certain cases including old age,
disablement, sickness, or any other condition. The Supreme Court while interpreting
this article in many cases held that the state must make effective provisions for
securing the rights of the disabled and for the people suffering from other infirmities
within the economic capacity of the state. 
 Article 42:  State must make provisions to secure any other hazardous employment in
the just and humane conditions of work and provide maternity relief protecting the
employment of women during the maternity period.
 Article 46:  The State must promote the educational and economic interests of the
scheduled castes, scheduled tribes, and the weaker sections of the society with due
care. Also, the state must protect the SC, ST & weaker sections from exploitation and
social injustice. 
 Article 330 and Article 332 : Reserve seats for scheduled castes and scheduled tribes
in the house of people and legislative assemblies of the state respectively.
 Article 338 and Article 338A : Establish National Commission for scheduled castes
and National Commission for scheduled tribes respectively. 
 Article 340:  President has the authority to investigate the condition of socially and
economically backward classes through appointing a commission to investigate. 
Chapter – IV : Statutory Provisions for the weaker section of the society
To uphold the Constitutional mandate and to safeguard the interests of this section of
the society, special social enactments have come into force from time to time including
privileges by way of reservations for them. The major legal enactment by the Centre are:
(i) Protection of Civil Rights Act, 1955: It was enacted in furtherance of Article 17
of the Constitution to abolish untouchability and its practice in any form.
This Act exclusively covers the penalties that protect untouchables from discrimination.
These provisions have contributed to reducing the gap between the upper and lower castes. It
gives lower-caste persons the ability to exercise their rights and live a normal life alongside
everyone else.

(ii) SC/ST (Prevention of Atrocities) Act, 1989: In order to check and deter crimes
against SCs/STs by persons belonging to other Communities, this Act was brought into force
from 30th January 1990. These enactments have extended the positive discrimination in
favour of SCs and STs to the field of criminal law in as much as they prescribe penalties that
are more stringent than the corresponding offences under Indian Penal Code (IPC) and other
laws. For speedy trial of cases registered exclusively under these Acts, special Courts have
been established in major States.

In addition, in pursuance of the Constitution 65th Amendment Act, 1990, National

Commission for SCs and STs was constituted w.e.f. 12th March 1992 with wide functions
and powers of Civil Court to take up matters which are of vital importance for socio-
economic development of SCs and STs. The National Commission for Scheduled Caste
was established with the goal to protect Scheduled Castes and Anglo Indian communities
from exploitation and promoting and protecting their social, educational, economic, and
cultural interests. It is governed by Article 338 of the Indian Constitution. The National
Commission for Scheduled Tribe was established to protect the marginalized communities
against discrimination and atrocities which prevented SC/ST from social disabilities and
aimed to give a life of dignity, self-esteem, and life without fear, violence, and suppression
from dominant communities. It safeguards the interest of scheduled tribes, promote socio-
economic development and oversee various implementation of provisions in the interest of
scheduled tribes under the constitution or any other law for time being in force. The National
Commission for Scheduled Tribe is a constitutional body governed by Article 338A inserted
by 89th Constitutional Amendment.
The National Commission for Backward Classes Act, 1993 lays down the remedy
for protection and upliftment for the socially and educationally backward classes. The
National Commission for Backward Classes was set up under the act. The commission is an
outcome of Indra Sawhney & Ors v. Union of India (1992). The purpose of the commission is
to bring social equality to society.
Chapter-V: Upliftment of weaker section vis-a-vis Constitutional &
Statutory provisions:

New classes have been added but no group has been taken out so far from backward

class. Govt survived always on vote support. If any privileged class is taken out from the list,

it damage the prospect of party coming back. Political compulsion & vote bank policy have

not permitted the caste to fade away.

The period of reservation has been repeatedly extended many times but unfortunately

still it is being felt that the inequalities, social, political and economic have not yet been

removed and that they need this reservation for some time more so that their conditions are

ameliorated and they are enabled to come on par with the rest of the nation. The truth remains

that even today the lower layers of the weaker sections of people are where they were two

centuries ago baring a few who have monopolized all the benefits designed for the weaker

sections of the society.

The general opinion is that the benefits of reservation policy by and large have been

snatched away by the top creamy layer of the Scheduled Castes and Scheduled Tribes and

Backward Classes. Thus, keeping the weakest of the weak always weak and leaving the

fortunate layers to consume the whole booty.

The device of reservation has virtually become a tool of aggrandizement in the hands

of politically dominant people, who always try to strike political bargain to retain the political

privilege even at the cost of deserving. Therefore, it is incumbent upon to examine the impact

of reservation policy on the weaker sections of the Indian society and see whether these poor

brethren have really reaped the benefits of the reservations mechanism in the light of

Constitutional philosophy, which envisioned an egalitarian society of preambular concept

thereof.
Chapter-VI : Conclusion
The Constitution of any country or nation is primarily made to shape and reform the
society of that country. Our Constitution has also been made for this purpose, which
envisages constructing a society wherein every individual is able to get his needs and
maintain a uniform social standard. Every individual is treated at an equal level, their
interests are protected to build themselves and provide an opportunity to participate in nation
building programme. No one is left behind to achieve this aim. This is only possible when
opportunities are made available to all persons without any consideration based on caste,
creed, race, language or religion.
The Supreme Court of India has handed down a series of landmark judgements in
relation to social justice by interpreting the Constitutional provisions upholding the cherished
values of the Constitution and thereby had often shaped the course of the national stream of
social and economic justice. Notwithstanding a catena of expository decisions with
interpretive semantics the naked truth is that on stretch of light or no ray of hope of attaining
the equality of status of opportunity is visible.
After the judgement of Mandal Case, providing 27% reservations in the Central
Services and public sector undertaking to Other Backward Classes as per the
recommendations of the Mandal Commission Report has created tension between meritorious
principle and the compensatory principle (principle of redress). Many castes that have been
left out of this protective net have started claiming that they are in no way economically
socially and educationally better than those preferred on the basis of Mandal Commission
Report. In the 50 years of constitutional experience in India in the post independence era,
their position has also not improved under the conditions of scarcity.
The reservation policy requires urgent restructuring so that the downtrodden get
assimilated in the national mainstream. What is required therefore is not to scrap the policy
but to make it judicious. The major thrust at the moment should be to help the downtrodden
on the economic basis. The fact that the benefits of reservation for 50 years have not been
able to ameliorate the lot of the SCs and STs and other Backward Classes.
Even though more women focused and friendly laws and cultural spaces are being
constructed every day, the present world is far from being a women friendly space. In India
itself, while the GDP rate was at 6% in the last two decades, the participation of women in
labour force reduced 23% (in 2019) from 34% (in 2001), as per World Bank. In past 50 years,
85 countries have not had a female head of state. When a woman is raped or becomes a
victim of acid attack or dowry related violence or honour killing, the culprit gets life
imprisonment or death sentence in rarest of rare cases. Even this takes decades to serve
justice to the victim who may never recover from the pain of the atrocities she is subjected to.
In case of life imprisonment, the culprit is free after serving 14 years in prison, sometimes
even less. Gender justice is still a big question mark in a world that aims to settle the first
human colony on Mars by 2024. In order to truly empower women, our country and the
world needs to work harder in order to achieve the Sustainable Development Goal of gender
equality by 2030. Gender equality, gender justice, women empowerment, women safety – all
of these begin at home and in community. Inculcating behavioural change towards girls and
women in their communities, sensitising boys as they grow up towards girls, and promoting
equality between a girl and a boy child are the start line of the journey to make the world a liveable
place for women.