Law as a Tool for Empowerment of Vulnerable Communities

Imagine a human world where there are no laws or rules. That is no less than a haunted
dream. To ensure that everyone has access to freedom and equal protection, every civilization
has its own set of laws and regulations. Since laws are designed to support, shield vulnerable
people against stronger individuals, and maintain public order. Because of law, even the
weakest members of society today benefit. Do these laws actually aid the weak or do they
only help the strong to get even stronger?

In our country, much has been done to strengthen vulnerable communities, but much more
must be done to improve these communities as a whole if vulnerable communities are to have
lives on par with those of the society's members who have had privileges and power for
centuries. A substantial portion of the population, who are women, children, disable and other
disadvantaged groups like schedule castes and schedule tribes, are heading towards the goal
and aspiration to enjoy equal opportunities and protection in society and this all is possible
because of laws for them; yet, we may say that much needs to be done.

The legal system plays an important role in supporting vulnerable communities by giving
them access to the appropriate mix of rights and remedies. In such context, law reforms can
provide the foundation to build protections and incentives to enable them to realize the full
value of their human and physical capital. However, all of this is possible by the proper
implementation of the laws on ground because the objective of any legislation can be
achieved only when things show change on ground and not just bringing the change only on
paper. We have constitutional protection as well as statutory enactments for the protection
and empowerment of vulnerable communities which are there keeping in view the historical,
social, economical and political background of these communities.

The advocacy for anti-discrimination laws, reservation and other special laws can be traced to
the innate provisions in the Indian Constitution with the apparent objective of empowering
the vulnerable communities who received less attention in the past and wielding them with
the power and prestige in modern society. Moreover, Indian judiciary has generally been
found to be alive to the needs of vulnerable communities. The courts always brought new
dimensions to the law. As rightly quoted by Justice P N Bhagwati “It is judge who infuses
life blood into the dry skeleton provided by the legislature and creates a living organism
appropriate and adequate to meet the needs of the society”.
Our constitution has envisaged special provisions for the empowerment of vulnerable classes.
Article 15 prohibits the state from discriminating on the grounds of religion, race, caste, sex
and place of birth in various day-to-day activities. The Constitution does not, however,
prevent positive discrimination or affirmative action that is based on discrepancies in gender,
social or financial background or traditional caste-based disadvantage. It is for this reason
that Article 15 also provides that the state can make special reservation for women and
socially and educationally backward classes of citizens including scheduled castes/tribes in
educational institutions. Art. 15(3): It permits the state to make special provisions for women
and children. Several legislations for the welfare of women are currently in vogue drawing
their authority from Art. 15(3). Art.15(4) is the fountain head of all provisions regarding
compensatory discrimination for SCs/STs. This clause started the era of reservations in India.
The objective of giving Scheduled Castes (SCs) and Scheduled Tribes (STs) reservations in
services is not just to provide employment to some members of these communities. It
primarily attempts to empower them and ensure their involvement in the State's decision-
making process. Also it undeniably focuses on advancement and adequate representation of
these disadvantages people. Besides, the state is also keen to end practices such as
untouchability. Along with these groupings, the 103rd constitutional amendment in 2019
added a brand-new, economically disadvantaged group of people known as the EWS, or
Economically Weaker Section. With this classification, the law has effectively ended
suffering for those who previously received no special care and were considered to be
members of the privileged class.

Further, Article 16 empowers the state to make reservations with respect to appointment for
posts in favour of any backward classes of citizens if the state is of the opinion that such
classes are under-privileged. Art. 17: This eradicates untouchability and its practice in any
form. The constitution struggles to remove this abhorring practice by not only making the
provision a fundamental right but also allows punishment to whoever practices or abets it in
any form. Towards this end, Protection of Civil Rights Act 1955 was enacted. It has
implemented several measures to eradicate this evil from the society.

Heading towards the goal of universalisation of education at elementary level Article 21A
was brought into. Art. 21 A: Education up to 14 yrs has been made a fundamental right. Thus,
the state is required to provide school education to children. In the case of Unni Krishnan vs
State of AP, SC held that right to education for children between 6 to 14 yrs of age is a
fundamental right as it flows from Right to Life. After this decision, education was made a
fundamental right explicitly through 86th amendment in 2002. To protect the most significant
asset of the society from exploitation in their tender ages, Article 24 ensures that protection.
Art. 24: Children have a fundamental right against exploitation and it is prohibited to employ
children below 14 yrs of age in factories and any hazardous processes. In recent times, the list
of hazardous processes has been updated to include domestic, hotel, and restaurant work. In
MC Mehta vs State of TN, SC has held that children cannot be employed in match factories
or which are directly connected with the process as it is hazardous for the children.

There are also numerous statutory enactments that have passed the test of our constitution
intended for the empowerment of vulnerable communities. For the welfare of the children
initially, The Factories Act,1881 was introduced which prohibit the employment of the Child
below the age of 14 and also working hours were limited. After that Child Labour
(Prohibition and Regulation) Act, 1986 was brought into which generalises child age upto 14
years for the purpose of prohibition of child labour. Very recently, Juvenile Justice (care and
protection of children) Act, 2015 was introduced which focuses on the welfare of the CICL
and the Child in Need and Care of Protection in order to reintegrate them into society as
better citizens.

There have been a number of laws passed, including the most recent, the Protection of
Women from Domestic Violence Act of 2005, as well as the National Commission for
Women Act of 1990, the Dowry Prevention Act and the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013. The protection offered by
these laws is advantageous for women who were previously viewed as weak, enabling them
to live lives in which they are equal to the powerful parts of society.

In 1995, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act the (‘PWD Act’) was passed to provide equal opportunities in education,
employment, social security and an unbiased atmosphere for the disabled.

The Scheduled Castes and Tribes have become one of India's most advanced populations due
to their empowerment in the areas of education, business, and society. Numerous offences
against the Scheduled Castes and Scheduled Tribes have been stopped with the
implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989. The special courts (established under the Act) work to protect the rights and privileges
of the victims and assist them in receiving relief. In December 2006, the Forest Rights Act
was passed which accords legal recognition to the rights of Scheduled Tribes and other
traditional forest dwelling communities and partially corrects the injustice caused by
colonial-era forest laws.

There is a need for a legal and judicial system that is accessible to them and that can make
their legal entitlements feasible, enforceable, and relevant because the various rights and
protections provided to disadvantaged communities are always vulnerable to various
encroachments. In order to address this scenario, constitutional provision Art. 39A offers free
legal aid to ensure that no one is denied justice. Above all, it is important to remember that
laws do not empower individuals on their own; rather, laws must be implemented and
enforced on the ground for real empowerment to occur. Thus, we might conclude that the law
is a more effective weapon for empowering and uplifting society's most vulnerable groups.
Legislation is undoubtedly a means toward a goal where everyone can live in dignity and
have access to all the opportunities available in our society, even though it may not be the end
in itself.