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    Law Poverty and Development Notes LPD

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    Aseem S

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    CHAPTER 1 POVERTY Poverty is one of the biggest challenges retarding the pace of development of a society. The sheer number of poor people makes it a major socio-economic problem. Poverty results in physical, social and economic regression. Conversely, the scourge of poverty is to be faced by adoption of suitable means, within the four corners of law, on divergent fronts. Meaning and Concept It is to be appreciated that one of the primary objects of development is to address and remove poverty. The Law has to deal with elimination of poverty and this alone can facilitate and accelerate development. Therefore, a need arises to find out who are poor who need to be helped. Further, what exactly is meant by poverty? Dictionary Meaning 1. The state of being poor, want of the necessities of life. 2. The state of being insufficient in amount. 3. Scarcity or lack. Another Meaning The condition or state of being poor and needing money. There are various definitions of poverty. According to Goddard, “Poverty is insufficient supply of those things which are requisites for an individual to maintain himself and those dependent upon him in his health and vigour.” Study of poverty throws up a number of relevant questions. What is poverty? Who are poor? What is the extent or magnitude of poverty? What are the major causes of poverty? How to measure poverty? What are the consequences of pe ny threat to | ty? What are its economic, social and i Law, Poverty and Development e » fair pla : ich, must have access to P Y, equi d Hf en Luther King had aptly pointed out tat Boog governance. The words © ai everywhere”. tsa denied anywhere diminishes jus are ta geet ee idle ith the problems of malnutrition, P' # a Education a are saddled Ns te are formidable challenges. A ques' a erefore come rat need ment in our country is feasible pad se Of the pone a dee a maby improved ot The Gas of Mahatma Gorge? the . Defin - 9 2 reeete it ce Sta nation’s greatness 1S Eee ra Ba it teats ee He ” Therefore, the developmental activities for “have nots’ my Ta saplamnented within the framework of law. That in Nutshell jg the outline of Law, Poverty and Development. i as We are aware that millions amongst our popula ia a elow Poverty li ey of women, children and elderly. There are sick and disabled alsa. Those suffering from absolute poverty are composed of the so called dalits and rocess of development would take shape of the ee ee — who stand deprived, neglected and backward, Le; provisions must relate to attainment of inclusive Boe The applicable Jaw carries within its ambit the constitutional mandate in the form of fundamental rights, directive principles, the fundamental duties and ue Constitutional provisions. The relevant law needs to take a stock of the provisions relating to gender discrimination, domestic violence, child abuse, child labour and plight of marginalized sections. Then alone it may be able to mitigate the problems of landless, homeless, elderly and disabled. population, whether poo! Terms Related to Poverty Absolute Poverty This implies inability to attain a minimum standard of living. This is also called subsistence poverty or destitution because it is based on assessment of minimum subsistence requirements or basic physical needs such as food, shelter, clothing, health necessities etc. However, such needs vary between and within the societies. Notions and signs of poverty in developed, developing and under developed communities are quite different, Relative Poverty standard of living. It is more 4 than a measure of absolute Poverty 3 primary Poverty : = It is earniny s insufficient to obtain the minimum necessities for the maintenance ‘of mere physical efficiency. To live in primary poverty is to have insufficient jncome to afford basic needs. “Secondary Poverty ‘ Income is sufficient but allocation is inefficient due to poor ability. It is not the lack but a problem of insufficient management. It may be illustrated as a hich has access to money but the same is frittered away. Reasons inking alcohol and inefficient housekeeping. of resources household w! could be gambling, dr Poverty Line The minimum income level needed to secure the necessities of life. Poverty line or poverty threshold is the minimum level of income ‘deemed necessary to achieve an adequate standard of living in a given country. It is a yardstick below which poverty begins and above which it ends. Another relevant term in this regard is ‘poverty stricken’ which means extremely poor The Planning Commission has specified Rs. 28.65 daily expenditure as the cut off for identifying the poor in India. The above sum for poverty line works out from the sum of Rs. 578 per capita expenditure considered ample by the Planning Commission for a city dweller to survive. This amount includes Rs. 31 a month on rent and conveyance, Rs. 18 a month on education, Rs. 25 per month on medicine and Rs. 36.50 on vegetables. Any one spending something more than this. may officially not qualify to be called a poor. This assessment would scale down India’s poverty ratio to 29.8 per cent in 2009-10. To illustrate the severe impact of poverty, according to the official data, more than half the population in Bihar lined below the poverty line in 2009-10. Poverty Trap ‘A situation in which an increase of income incurs a corresponding or greater loss of State benefits, making real aprovement impossible. Therefore, a slight or bout denial or ineligibility to materials and 7 erty tr s any self-reinforcing getting ‘public Poverty and Development Law, 4 5, Regional disparities leakages in delivery of public schemeg 6. Rampant corruption an ang programmes: i tarted, is like} f Poverty ‘h poverty once s iF ely to g Wsasel of factors or events PY Eee is a phenomenon where poor pry ide intervento ti P there is an outside int yeast there genera ions. Poor people expos ee trapped in poverty Oe a as a result carinot break out of thein eng disadvantages due to their pover a Misery Seek d poor rob one another. ¥ is the poor and Pp i Be eed ‘ceees classes: those who have more food than appetite ang & . 3 Ae have more appetite than food. : 3, 33% of the total income of the country being earned by the top 10% of jh, . 33% income group. ‘ y 4. According to Prime Minister Manmohan Singh, poverty cannot increase in © our country and it can only decrease. : 5. Poverty is the worst form of violence: Mahatma Gandhi. Indicative Figures 1. 77% of the people lived on less than Rs. 20 a day. (Data from National Commission on Enterprises in Unorganised Sector). Planning Commission during March, 2012 reduced poverty line to Rs. 28.65 per capita daily consumption in cities and Rs. 22.42 in rural areas. Based on. this estimate, an individual above a monthly consumption of Rs. 859.60 in urban and Rs, 672.80 in rural areas is not considered poor. 2. According to the Planning Commission, number of poor in India constitute 27.5 per cent. out of the total population. 3. India figured at 66 rank among 88 i i ase hEE is Poor countries and was placed in 4. India i ies i fi oa ot the sa in the world with very high number of poor. Its growth i os around two per cent. per annum. It means an every year, a figure equivalent to the on people in the world- in four of the world's Pover' i“ 5 Below Poverty Line PL is an economic benchmark and poverty threshold. It is the minimt deemed necessary to achieve an adequate standard of ee — . It is used by the authorities to identify individuals and households in need of State assistance and aid. There are no fixed parameters to determine it. Gometime poverty line is also described as starvation line. @ BPL census is being conducted by the state as per the guidelines given by the centre which involves a cut-off point of an annual household income equivalent to expenditure per family for segregating the families— (a) none poverty line and (b) below poverty line classified into four categories viz. destitute, very very poor, very poor and poor. According to a 2005 World Bank estimate, 42% of India’s population falls below the international poverty line of those earning less than $ 1.25 a day. India suffers serious deprivations in education and health. The decision to raise the BPL would mean more than 10 crore families will have access to food. (1997-2002), BPL for rural areas was set at During the Ninth Five Year Plan annual family income less than Rs. 20,000, holding of not more than two hectares Jand, and no television or refrigerator. The number of rural BPL families was 6.5 lakh during the 9th Five Year Plan. ‘A review by the World Bank of centrally sponsored social security schemes in India has found serious problems with the current BPL measure. Over a third of identified as non-poor in the 2002 the poorest 10% of the country were incorrectly i BPL census. This under coverage rises to over a half and close to two thirds for the poorest 20% and poorest 30% respectively. Relative dimensions: Measurement and discrimination jncome Understanding who are Poor 1. Dictionary meaning of poor re! person having little or no me fers to those lacking material possession, a ans to support oneself, needy, and or other means of support. Law, Poverty and Development i, ired to evaluate the success ra ig also required TO © : 2, Such a oud and also modification — . — ' programmes ath culate identification of poor and thereby selection o¢ mag ja n i a ae rebate of anti-poverty efforts. directio a ilurg “ a ici ial of access from the prevailing S0cial sys se Social excision mp sl of poverty or minority social rat tem ang its rights & privi i iris living in abject poverty lead the life of deprivation A large number o ty in their case is due to denial of equal opportun no fault of ck roups of society upon them which leads to inability i imposed by cer a oe in the basic political, economic and social fanctoning individual e rl estan may also be defined as lack of Patticipationingoe oe oa be problems such as unemployment, poor skills, low income, poor housing, high crime environments, bad health and family breakdown, ae the yardstick to label a person as poor? Identification is the me of nominating a group of people as poor. The process include Categories of activities which require inclusion and exclusion criteria, so that POOr can be separated from the non-poor. To illustrate, identification could be carried out by taking into account housing conditions, number of earners in the family, lang. access, ownership of live-stock and consumer durables etc. Determination of such norms does not find acceptance from all. It often, gives tise to a debate whether the acquisition of assets - motorized two wheelers, refrigerators, landline telephone — should be treated as a disqualification for entry on the BPL list. Not withstanding divergence of views about the identification norms, the poverty figure stands at 37% as pegged by the Tendulkar Committee. This committee had been set up after the National Development Council meeting of March, 2009 to look into the methodology for estimating poverty. Aggregation This is a method of aggregating the characteristics of a set of poor people into an overall image of poverty. Such a Process is necessary because one or two characteristics taken in isolation may otherwise lead to an erroneous finding of poverty. To explain, poverty may be associated with malnutrition, lack of education, alth i i Poverty 4, Lack of access to education and other related facilities, 5, Homelessness. 6. Unsafe environment. 7. Social exclusion and negative discrimination. Poverty typically is measured by the purchasing power or per capita expenditure made by a household. Negative Discrimination Unfair treatment of individuals on the basis of difference regarding personal characteristics or preferences, such as when a woman is not hired for a job because the employer believes women are inferior to men. This discrimination is a negative treatment to one because of belonging to a particular race, ethnicity, gender or sexual orientation. : Poverty could be broadly divided into two groups viz., income and non- income. Income poverty is the one caused due to people not having access to money or other assets. Non-income poverty is in the context of people having a little money but otherwise leading an unsatisfactory quality of life. They may not have access to education, health care, medicine, clean water and proper sanitation etc. Types of Income Poverty 1. Absolute income poverty. 2. Low income poverty. This group would reveal great variation from other types. This category is placed above those who constitute absolute poverty bracket. Generally a person is considered to fall in low income group if his total monthly income ~ does not exceed Rs. 5000. The government has framed schemes for loan, work opportunity and assistance for them. 3. Relative income poverty. Explained earlier. 4. Subjective income poverty. : This type of poverty i the notion of pe their financial i consi: ‘ople’s own opinion about of those who describe shown that men are more likely Law, Poverty and Development 8 ho are said to belong to abo to those W! : ve This group we on js not accorded the attention and focus that ey line (APL). Supreme Court had observed during July, 2919 that to i nati id be kept out of the purview of the public digs t APL popu! jai ‘tba eye , ition in early childhood is a bagi: 5 ifestation of malnutritior he SiC indi. ee — le in human development. Malnutrition and defi ca . a i fe would often result in retarding proper physical Stowth of RUey ou significantly affect their physical, mental and psychological deve pane bot Ttmay further manifest in following for id Child _ sania’ or low height for age is caused by under nutrition. Stunted chi} Y ¢ ting. It also leads to pri May in the height lost as a result of stunt C > Premature intr in ie because vital organs never fully develop during childhood, ‘ea ild baa A weight for height. These children usually look very thin ang ia very low weight while their height and head circumference are in normal range Their growth curve may show weight faltering. Such children are acuteh malnourished. They have a higher risk of dying from common diseases lie diarrhoea or pneumonia. : Underweight This denotes deficient in weight for age. This would manifest when a child can be either thin or short for his/her age. This reflects a combination of chronic and acute malnutrition. Over sixty per cent. of Indian children, according to one study, are wasted, stunted, underweight or a combination of above. Determinants of Poverty Various efforts directed towards estimation of poverty proceed to measure the extent or magnitude of poverty. In this regard important aspects are-— 1. People’s assets 2. to (c Eight Goals 1 Poverty . Eradicate extreme poverty and hunger. eran ron Universal primary education. Promote gender equality and empower women. Reduce child mortality rates. Improve maternal health. Combat HIV/AIDS, malaria and other diseases. Ensure environmental sustainability. . Develop global partnership for development. The aim of the goals is to encourage development by improving social and economic conditions in the poorest countries of the world. Comments sb 2: an FY Lack of analytical approach and justification behind the goals set up. Absence of strong objectives and indicators for equality in light of disparities of progress in poverty reduction between nations. . Lack of focus on local participation and empowerment. . Lack of emphasis on sustainability. . Difficulty in measurement of some of the goals. . Aid from developed countries is not going to the poor but to their closest allies.” Measures of Human Deprivation Devised by United Nations Development Programme . Capability Poverty Measure (CPM) . Human Poverty Index (HPI) CPM the ‘ It is a multi-dimensional measure of human deprivation. Rather than examining average state of people’s the percentage of people who OS of lack of following three CHAPTER 2 APPROACH OF THE INDIAN CONSTITUTION TOWARDS THE POOR Issues Related to Poverty in India ‘ ae The concern for the poor is reflected in the various parts of the Constitution es India. The Preamble, fundamental rights, Directive Principles of the State Policy and other provisions could be perused in this regard. Preamble pe The Preamble forms part of the basic structure of the Constitution. The Preamble reveals that people are the ultimate authority and the Constitution emerges from them. Further, it is meant to serve them. Its purpose is to take them on the path of development and progress. THE PEOPLE of India, having solemnly resolved to constitute India into a ‘SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC’ and to secure to all its citizens; JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; 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. INOUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. The key words are ‘we, the people of India’, ‘to secure to all its citizens’, justice, social’, ‘equality’, ‘among them all and ‘dignity of the individual.’ The implication of the words WE, THE PEOPLE OF INDIA is quite profound. The words obviously imply that the Constitution of India is of, for and by the people. It was designed by the people of India and not by foreigners. It was drafted for the p rho are Indians. India has a large number of its citizens who are users and beneficiaries of the Constitution Approach of the Indian Constitution Towards the Poor 15 Social justice is the signature tune of the Constitution. Its objective is to romote welfare of the vulnerable sections of community. The Planning Commission has also underlined the need to develop social, administrative, pureaucratic and other techniques which support the poor. These are vital to bring social justice into practice. The judicial system has also become an effective vehicle of social justice. The significant work of judges is both constitutive and conceptive. Their decisions influence our perceptions of Indian society and develop a theory about distribution of entitlements and powers. As conceptive ideologies they determine the manner and framework which value preferences and public policy. There also exists class of jurists who advocate strict adherence to letters of law and to administer justice logically. Thus, the judges have performed the role of creator, planner, architect and social visionary in building a new society out of old one through juridical engineering. The task of judiciary and other organisation of governance is challenging. It ig meant to be aim at the development and maintenance of effective means for achieving distributive justice. Distributive justice is directed at the proper allocation of things — wealth, power, reward, respect — among different people. Social Justice cannot be administered without inclusion of poor. It enables the courts to uphold legislation to remove economic inequalities, to provide a decent standard of living to the working people. Further, it helps framing of laws to protect the interests of the weaker sections of the society. “Equality of status and opportunity’. This objective would be attained and rendered meaningful by bringing within their ambit poor and down-trodden. Socialistic Concept The term refers to any political movement that seeks to establish an economy based on economic democracy by and for the working class. It is a broad political concept that seeks to propagate the ideas of socialism within the context of a democratic system. Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity. stitutional Provisions having a bearing on Poverty and en listed out. But the Constitution does not No penalty has been prescribed for Id remember that he owes the duties 16 Law, Poverty and Development have been institutionalized through law core Political acne a ie icipate in the exercise of political power in mn 3 naesk uae to the right to share suitable standard of living by way of welfare and educational schemes of the society. Right to Equality Equality Before Law VI Anca ee to equality before law. It mandates that the State shall nude to any person equality before the law or equal protection of the laws wit! in the territory of India.” The Preamble to the Indian Constitution speaks of equality of status and of opportunity. This articles gives effect to that principle in the text of the Constitution. Thus, rich and poor, haves and have nots are provided equality before law. Parliament and the legislatures in the country cannot transgress the basic features of the Constitution, namely the principle of equality enshrined in article 14; Indira Sawhney v. Union of India, (2000) 1 SCC 168: 1999 AIR SCW 4661: (2000) 1 SCC 168, The “creamy layer” in the backward class is to be treated ‘on par’ with the forward classes and is not entitled to the benefits of reservation. Article 14 forbids discrimination in matters of procedure also. However, discrimination in favour of Persons residing in backward areas is permissible; M.P. Oil Extraction v. State of Madhya Pradesh, AIR 1998 SC 145: 1997 AIR SCW 4104: (1997) 7 SCC 592. Article 15. Prohibition of Discrimination Prohibition of discrimination on grounds of religion, race, caste etc., provided under article 15 would afford suitable shelter to the poor, marginalised and socially unprivileged people. However, vide clause (2) of this article, the State is not to be prevented from making any special provision for women and children. Similarly, clause (3) would permit the St advancement of any socially and educati the Scheduled Castes and the Scheduled Tribes. Article 16. Equality of opportunity in matters of Public Employment / Besides the right to equali Y of opportunity in general terms, articlod6tZ) prohibits i ‘ound of religion, race, caste, sex, descent, 3 icle 16(3). The main object of Of opportunity and of publ Approach of the Indian Constitution Towards the Poor 7 liberty has been held to extend certain provisions of relevance to development. Poverty and [llustrations ei say 1, Child offenders are entitled to speedy trial. Khatri (Il) v. State of Bi TSCC 627: AIR 1981 SC 928: 1981 Cr L] 470 saw the Supreme cam cate that poor or indigent accused who were incapable of engaging lawyers ae aright to free legal aid. State is constitutionally bound to provide such aid not only at the stage of trial but also when they are first produced before the magistrate or remanded from time to time. Such right cannot be denied on the ound of financial constraints or administrative inability or that the accused did not ask for it. 2. The State and Municipal Corporations have constitutional as well as statutory duty to provide to poor and indigent weaker sections, residential accommodation. 3. Legal aid is the entitlement of poor people who cannot afford a counsel and where they are charged with an offence punishable with imprisonment. 4, Right to livelihood is an integral facet of the right to life. 5. Right to privacy is a part of Article 21. Article 21A Right to education provided under Article 21A emerges as a significant provision providing a meaningful fundamental right to education. The article ensures provision of free and compulsory education to all children of the age of six to fourteen years. Effective steps to give practical shape to this mandate are to be taken by the State, by law. Directive Principles of State Policy and Poverty in India Following Constitutional provisions would squarely apply to the efforts required to ameliorate the conditions of poor and socially disadvantaged. Article 38 — State to secure a social order for the promotion of welfare of the people. It looks for a social order in which justice, social, economic and political attainable, Further, inequalities in status, facilities and opportunities are to be to sustain and demand social welfare ct se been relied upon a the kind of society, the Constitution by the State. This article 18 Law, Poverty and Development or work of similar nature should get equal pay. The article contains one main objective, namely, the building of a welfare State and an egalitarian social order. i The word ‘egalitarian’ means asserting, resulting from, or characterized by belief in the equality of all people especially in political, economic or social life. Article 39A. Equal justice and free legal aid. The legal system should be operated on the basis of equal opportunity. Provision of free legal aid is to be ensured. Article 40. Organisation of village panchayats. The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-governance. Since poverty is mainly concentrated in the rural areas, this article is geared towards empowering villages to have a meaningful share in self-government. Article 41. Right to work, to education and to public assistance in certain cases. The term public assistance has reference to economic assistance or relief to people who are unemployed, old, sick or disabled. The tight to work has been addressed in the context of limits of economic capacity and development of the State. Article 44. Provides that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. A uniform code can be a very useful and practical tool to present a viable and common legal regime to deal with marriage, divorce, maintenance, adoption, succession and other related issues which have a direct bearing on economic means and relief, social status and tight to development of widows, single mothers, orphans, minor, old and destitute etc. However, as commented by the Supreme C has remained a dead letter. There is no evidence Article 45. Provision for cag early childhood care and education to children below ic interests of scheduled e State is expected to take Approach of the Indian Constitution Towards the Poor 19 jcle 51(AM(K) : Ae » cast on every citizen of India under Article 51A(k) is relevant in this peas Tt enjoins every parent or guardian to provide opportunities for education es child or, as the case may be, ward between the age of six and 14 years, % It would be interesting to compare and contrast between Article 21A, 41 and 1A of the C constitution. The aim and purpose of these provisions require a careful scrutiny. The following stand out. ‘ 1, Article 21A was inserted by the Constitution (Eighty-Sixth Amendment) Act, 2002 whereas article 41 was included in the Constitution original text and is to be read in the context of unemployment, old age, sickness and disablement. 2, Article 21A is aimed at children between the age of six to 14 years, it is not so under article 41. 3, Article 21A provides a fundamental right and is thus enforceable whereas article 41 finds place amongst the Directive Principles of the State Policy, which cannot be claimed as a right. 4, Article 51(A)(k) is a corresponding duty cast upon every parent or guardian to provide opportunities for education to his child or ward. Other Provisions Article 243D Reservation of seats for SC and ST in every panchayat, corresponding to their population in the area concerned. Article 325 No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on grounds of religion, race, caste or sex. There has to be one general electoral roll for every territorial constituency for election to either House of Parliament or House of the Legislative of a State. Article 325 is of crucial significance for maintaining the secular character of the Constitution, a basic feature of the Constitution. Articles 330 to 342 i elating to certain classes. efined as the legal statutes, regulations and policies in their day-to-day life. < ‘As long as millions go Singh, ” ence, it is utterly unreal to talk to terial needs of men must be ‘in motivating the people of ined e t for the production of e that the wealth so produced can be achieved not by CHAPTER 3 ANTI-POVERTY PROGRAMMES Man becomes great exactly in the degree in which he works for the welfare of his fellow-men. —Mahatma Gandhi, Poverty is indeed a global issue. Its eradication is considered integral to mankind’s quest for sustainable development. Over the years the Government has taken various efforts to eradicate poverty. It was felt that the poor require special attention and assistance to help them improve their condition. Poverty alleviation has been one of the underlying principles of the planning process in India. After India attained its independence in 1947, one of its primary areas of concern was poverty alleviation. The Planning Commission was set up in 1950. Five Year Plans were started to develop the country in a systematic manner. A sum of Rs. 2378 crores was allocated in the First Five Year Plan (1951-56) for various developmental projects. The emphasis was on removal of unemployment, raising standard of living and ultimately removal of poverty. Efforts had been made by various governments during last few decades to eradicate poverty. Following were the main strategies adopted. 1. Food for Work—Programme (1977). 2. To provide work opportunities for the rural people. Twin Fold Objectives It was felt that the problem of employment in rural areas is mainly of seasonal unemployment and under-employment. Hence, the focus should be on:— (a) Work opportunities during each employment season. (b) Create durable productive assets ¢.g., roads, canal and minor irrigation favours to a particular class at the cost _ Anti-Poverty Programmes 4, Cash 2 od grains by utilisi 9. Fo a ‘ a ie surplus stock of food grains. The Integratec ural Development Project (IRD! This was first introduced in 1978-79 to provide maths t of subsidy and bank credit for productive employment oj | | 0 rural poor in the f pportunities. ak Guarantee of Employment: Section 3(2) Every person who has done the work given to him und entitled to receive wages at wage rate for each day of na eer ee Itaims at providing self employment to the rural I , poor through isitic roductive assets or appropriate skills that would generate additonal is a sustained basis to enable them to cross the poverty line. Operational since 1980 ‘Assistance is provided in the form of subsidy and bank credit. Target Group Small and marginal farmers, agricultural labourers and rural artisans living below the poverty line. Ceiling for Subsidy (a) SC/ST families Rs. 6,000 and physically handicapped (b) Others (i) Non-DPAP/non-DDP areas Rs. 4,000 (ii) DPAP or DDP areas Rs. 5,000 DPAP (Drought Prone Area Programme). DDP (Desert Development Programme) This scheme aims at mitigating the adverse effects of drought on the production of crops and livestock, besides productivity of land, water and human resources. It strives to enhance restoration of ecological balance. Also, it seeks to improve the economic and social status of the poor and the disadvantaged sections of the rural community. 2 State assistance. Allocation is to be shared Os can approach the District Rural ject Implementation Agencies. Law, Poverty and Development (d) Subsidy Rs, 9669.97 Crore (e) Credit disbursement Rs, 18377.68 Crore Actual Beneficiaries SC/ST 44.75% Women 27.07% Analysis 1. The coverage of women was lower than the target of 40%. 2. It was successful in providing incremental income to poor families. 3, Failed to enable the beneficiaries to cross the poverty line on a sustained basis because of a low per family investment. 4. In real terms, inadequate increase. Effect of inflation. National Rural Employment Programme (NREP) Significant Features 1. Formulation of a district/block level employment plan. (a) For skilled /unskilled work (b) No. of people needing work (©) Work opportunity 2. Prepare projects for each block. f Priority 1. Social forestry. 2. Pasture development. 3. Soil and water conservation. 4, Irrigation and drainage. 5. Sanitation. > 6. Village ecology and environment. Allocation 1. 10% of resources for exclusive benefit of SC/ST. 2. 10% for social forestry. Anti-Poverty Programmes Rural Landless Em, ployment G : Programme (RLEGP) (August 1963)" Objective To eradicate poverty, unemployment and und 10 ea nder employment among. rural Details 1. Guaranteed employment to at least on Se ie a ie member of every landless labourer 2. Create durable assets to strengthen rural and economic infrastructu: 3. Highest priority to labour intensive projects in backward ha the State and approved by the Centre. areas Seaway 4. Wages in form of food grain. NREP RLEGP Meant for generation of additional | To provide guaranteed employment to at employment for unemployed and | least one person of every landless labour employed shared equally by the household upto 100 days a year. It is entirel State and the Centre. financed by the Central Government. Jawahar Rojgar Yojna (JRY) The rural employment programmes NREP and RLEGP were merged into Jawahar Rojgar Yojna. This was introduced during April 1989. The intention was to help at least one member of each poorest family by providing employment for about 50 to 100 days ina year at his own work place or residential area. This scheme was implemented in about 2,20,000 villages all over the country. It is a poverty alleviation scheme, whichvfalls under the category of works programme for creation of supplementary employment opportunities. It was launched on Ist April, 1989 by amalgamating two wage employment programmes viz., NREP and RLGEP. Jawahar Rojgar Yojna includes two sub-schemes viz., Indira Avas Yojna (IAY) which is a housing scheme and the Million Wells Scheme (MWS). In April 1999, this scheme (JRY) was replaced by Jawahar Gram Samridhi Yojna (JGSY). ; elopmental schemes were launched between 1999 and ayanti Gram Swarojgar Yojna (SGSY) in 1999, ojna (PMGSY) and Pradhan Mantri Gramodaya Rojgar Yojna (SGRY) and Valmiki 001; and National Food for Work in 150 most backward districts tission in consultation with the ments. This program was in February 2006. ame covering all aspects Ip groups, thel structure and a4 Law, Poverty and Development marketing. The underlying aim is to provide sustainable income ae nae rem It is expected to succeed in setting up a large number of micro en| epNe i ie rural areas. These would be based on the potential of the locals. In a time frame of three years every family covered by the SGSY will be able to Ih across the poverty line. Its strategy is to run it as a credit-cum-subsidy scheme. Efforts would be made to involve women in each self-help-group. — Sampoorna Grameen Rojgar Yojna (SGRY) rosy Ease ; This scheme came into force in September, 2001 by merging it in the ongoing schemes of Jawahar Gram Samridhi Yojna (JGSY) and Employment Assurance Scheme (EAS). This scheme is open to all rural poor who are in need of wage employment and are prepared to do unskilled manual work in and around the rural habitat. The scheme is to be operated through Panchayat Raj institutions, The expenses are to be shared between the Centre and the States in the ratio 0f,75): 25. SGRY has the objective to ensure food security, gainful employment and in the Process strengthen rural infrastructure. It is a Centrally Sponsored Scheme (CSS) and is being implemented with a total outlay of Rs. 10,000 crores. Under the scheme, 50 lakh tonnes of food grains amounting to about Rs. 5000 crores is being provided every year, free of cost, to the State Governments and Union Territory administrations. Every worker seeking employment under the SGRY will be provided minimum five kilograms of food grains (in kind) per man per day as part of wages. 1 The balance of wages will be paid in cash so that the beneficiaries are‘assured of the notified minimum wages. The scheme is self evaluating which places more stress on the provisions of wage employment to the Scheduled Castes, Scheduled Tribes and women. Indira Awas Yojna (IAY) Indira Awas Yojna (IAY) was launched in May, 1985 as a sub-scheme of RLEGP and continued as a sub-scheme of Jawahar Rojgar Yojna. It is the flagship rural Bache AY aims at helping rural people below the poverty line n freed bonded labourers and also non-SC/ST categories in by a financial assistance worth Rs. 70,000 in plane as per unit is indicated. It also provides for widing grant in aid. The allotment of t of the ho it they reside in ruction of the contractors Anti-Poverty Programmes f Fair Price Shops (FPS) 25 or. A network o: Pp ) have been divin’ across the country. In terms of both coverage and public evn ene't Sates considered to be the most important Security network, However, jis eee it is a upplied by the ration shops are not enough to meet the consum; Aan a grains or or are of inferior quality. 'ption needs of the The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) e National Rural Employment Guarantee Act, 2005 (NREGA) was notifi rented 2005. This legislation deals with a plan hee alsohiagael mad National Rural Employment Guarantee Scheme (NREGS). The scheme provides a legal guarantee for one hund: in every financial year to adult members of any rural accrues to them, if they are willing to do public work related unskilled manual work at the statutory minimum wage of Rs. 100 per day. The daily wages rates have been enhanced by the Central Government from 1 April, 2013. Under the recent wage revision, workers in Haryana will be paid the maximum daily wage of Rs. 214 whereas on the lower side those in Sikkim, Tripura and Nagaland will be paid Rs. 135 per day. Aim To improve the purchasing power of the rural people by way of primarily semi or unskilled work provided to people living in rural India. Such an arrangement distributes work to all persons whether or'not they are below the poverty line. Nodal Agency Ministry of Rural Development, Government of India. red days of employment household. The benefit Implementation _ This is left to the State Governments. MGNREGA aims at enhancing the livelihood security of people in rural areas by guaranteeing 100 days of wage employment in a financial year to a rural household whose adult member volunteer to do unskilled manual work. STATE 1, Cost of unemployment allowance i jurth of material cost trative cost of State Council. ‘ es sage manual work rd within 15 days. - 26 Law, Poverty and Development ‘ i the Otherwise their daily unemployment allowance to be given as per the Act 4. Work to be given within 5 km radius of the village. a. Equal Wages to both men and women. 4 6. Wages to be Paid according to piece rate or daily rate. Rural Area section 2(0) Any area in a State except those areas covered by any en avec 7 oe Cantonment Board established or constituted under any law for the time being in force. History and Funding 1. Commenced on 2 February, 2006 2s Eventually covered all 593 districts by1 April, 2008 3. Outlay rose from Rs. 110 billion in 2006-07 to Rs. 391 billion in 2009-10; a 140% increase. 4. As of 30 June, 2010, a total of 1.79 crore families in the country have been Provided employment under MGNREGA. Section 2(f) Members of a family related to each other by blood, marriage or adoption and normally residing together and sharing meals or holding a common ration card. Criticisms : 1. Financial - The budget has risen sharply three times from 0.3% of the GDP. Funding was expected to be met by improved tax administration and reforms. However, the tax GDP ratio has been falling. The programme is likely to cost 5% of the GDP. } 2. Likeh ver of Gains by Wealthier Segment — The completed product a on, land development, afforestation, improved irrigation by the wealthier section of the society. to this, specific sections of the society Anti-Poverty Programmes 7 3. Continuous line of credit rather than one-time loan. 4, Package Approach (a) Access to credit (b) Training () Upgradation of technology (d) Delivery of essential inputs (e) Marketing tie-ups. 5. Rationalise. It was felt that undermentioned JRY and Employment Assurance (EAS) schemes should be reviewed and reshaped. EAS was launched in October, 1993 covering 1,778 drought prone desert, tribal and hill area blocks. Later it was extended to all the blocks in 1997-98. The scheme was meant to provide employment in the form of manual work in the lean agricultural season. Objectives The main focus has been to strive for 1. Rural development 2. Employment opportunities Developmental Activities 1, Water conservation and harvesting 2. Afforestation 3. Rural connectivity 4. Flood control and protection * 5. Construction and repair of embankment . Digging of new tanks and ponds . Percolation tanks ic Needs and Welfare. = Law, Poverty and Development Panchayat Raj Institutions 73rd Amendment Act, 1992 ui What was sought to be done by the 73rd Amendment was that Conettnonal Status to the local self-government was conferred to the Pee ‘anchayats, Taluka Panchayats and Village Panchayats. This amendment ae At cee force on 24 April, 1993 to give effect to one of the Directive Principles of the State Policy, namely, article 40 of the Constitution. : Article 243 provides for the people's participation in the process of planning, decision making, implementation and delivery system. ; Gram Panchayats (GP) and Gram Sabhas (GS) are required to identify, approve, allocate, supervise, monitor and be accountable for the operation of rural programmes. The significance of the PRI lies in the fact that a State Legislature cannot do away with these democratic bodies at the local level nor claim their normal tenure be curtailed otherwise than in accordance with law nor can the State Government delay elections of these bodies. The one-third reservation for women in all PRIs is indeed a progressive, even revolutionary step. It could in the long run bring about a grass-roots transformation especially in the rural areas. Criticism 1. The functions and powers of PRIs have been left to the discretion of State Governments. 2. These are not yet clearly specified and defined. A review by the World Bank has found large inter-State differences in spending and outcome in anti-poverty schemes. Even though the poorest States are allotted the highest proportions of Central Funds, they have the lowest administrative capacity to spend the funds effectively. 4 The World Bank review in 2011 of eleven Centrally sponsored social security schemes has confirmed vast leakages and structural inefficiencies in delivery mechanisms. Only 40% of the targeted poor benefit from the schemes. A fresh 2 eviation is the need of the hour. bie Anti-Poverty Programmes Self Help Groups Self Help Groups (SHG) are groups of people who provide mutu each other. The members share a common problem, often ddiction. The movement can be a handy instrument f eViati programmes like the SGSY. The SHG concey tchg the ioe pt has been catching the imaginati of the rural poor gradually, but definitely. SHG involveme: ig the imagination 29 al support for a common disease or I " aca nt encourages and develops thrift and credit activities among the rural poor. It helps the poor to be self reliant to face emergency situations and to free themselves from the likely exploitation by the vested interests. Social mobilization is an integral part of SHG movement. It improves collective bargaining power of the poor. The progress of the SHG initiatives have been noteworthy, particularly in the south and among women. The involvement of self help groups in programmes relating to right to freedom from malnutrition came before the Supreme Court in Ekta Shakti Foundation y. Government of NCT of Delhi, (2006) 10 SCC 337: ATR 2006 SC 2609: 2006 AIR SCW 3601. Right to Food The right to food implies the right of all human beings to be free from hunger, food insecurity and malnutrition. It is a human right protecting the right for people to feed themselves in dignity. It conveys that sufficient food is available, that the people have the means to access it, and that it adequately meets the individual dietary needs. The right rests on the belief that primary responsibility for guaranteeing basic entitlements rests with the state. National Food Security Act, 2013 aims to provide subsidized food grains to approximately two-thirds of India’s 1.2 billion people. The statute entitles the beneficiaries to purchase five kilograms per eligible per month of cereals at the indicated prices. The states are responsible for determining eligibility. At Rs. 1,30,000 crore government support the food security programme will be largest in the world. Direct cash transfer i; etween the market price and subsidized price is in the form of cash in proportion to the leme aims at direct credit of the subsidy is a poverty reduction measure in siven directly to the poor in xc CHAPTER 5 ABOLITION OF UNTOUCHABILITY Constitution of India Article 17 ‘Untouchability’ is abolished and its Practice in ; scabs] Pr, any form is forbi enforcement of any disability arising out of ‘antouchability’ halls ee punishable in accordance with law. ence The Untouchability (Offences) Act, 1955 was ena aad cted and notified on 8 May, Subsequently, it was amended and renamed in the year 1976 as ‘Protecti Civil Rights Act, 1955’ i mS oa The Protection of Civil Rights Act, 1955 Supreme Court held in the case of State of Karnataka v. Appa Balu Ingale, 1995 Supp (4) SCC 469, that the provisions of the Constitution as well as the Act serve threefold purposes: (i) outlawed the disabilities to which Dalits are subjected to; (ii) they are made an offence under the Act; and (iii) provides rights enforceable as civil rights. Preamble An Act to prescribe punishment for the preaching and practice of untouchability for the enforcement of any disability arising therefrom and for matters connected therewith? Definitions - Section 2 Civil Rights ht accruing to a person by reason of the abolition of , Constitution. d other structure and premises, and also 1955 Offences. These are dealt $2: ba offences mentioned against : 36 Law, Poverty and Development Refusing to admit persons to hospitals etc. or render services. 5. 6. Refusing to sell goods 7. Other offences arising out of untouchability. 7A. Unlawful compulsory labour when deemed to be a practice of untouchability. 8. Cancellation or suspension of licence in certain cases. Section 10 deals with abetment of offences. Further, a public servant who wilfully neglects the investigation of any offence punishable under this Act shal] be deemed to have abetted an offence punishable under this Act. Abolition of Untouchability Power of State Government to impose co 10A. Presumption by Courts in Certain Cases, Section 12 Where any act constituting an offence under this Act is committed in relation to a member of a Scheduled Caste, the Court shall presume, unless the contrary is proved that such act was committed on grounds of “untouchability’. Offences by Companies are covered under section 14. Where an offence under this Act has been committed by a company, every person who was in-charge of and was responsible to the company for the conduct of its business shall be deemed to be guilty of the offence. Section 15 points out that the offences are to be cognii i i te ‘cognizable and tried Section 15A Structure and mechanism for impl tatii itori PCRA, 1955. plementation and monitoring of lection fine is provided for under section, A duty has been cast upon each State Government which is to ens : uty st is to ensure that the rights fr 4 ili i = eae ‘om abolition of ‘untouchability’ are made available and are availed Measures be taken by the State Governments for ensuring tha‘ 9 er for ensurin t the ti arising from the abolition of untouchability are made available . and sibel of by are enumerated in section 15A(2). These are in regard to:— 1. Legal Aid Abolition of Untouchability 7 special Section _ Mobile Courts _ Designated Courts ts Special Courts s, Section 15(A)(2)(iv) Setting up of Committees at such appropriate levels as the State Governments may think fit to assist them in formulating or implementing such measures. Special Police Stations are visualized for registration of complaints of offences against SC and ST. Incentives for Inter-Caste Marriage vary from Rs. 2000 to Rs. 50,000 Section 16 states that this Act is to override other laws. Section 16A makes it clear that the Probation of Offenders Act, 1958 is not to apply to persons above the age of fourteen years. Supreme Court expounded in State of Karnataka v. Appa Balu Ingale, 1995 Supp (4) SCC 469, that the thrust of article 17 and the Act is to liberate the society from blind and ritualistic adherence and traditional beliefs which have lost all legal or moral base. It seeks to establish a new ideal for society equality to the Dalits, at par with general public, absence of disabilities, restrictions or prohibitions on grounds of caste or religion, availability of opportunities and sense of being participants in the mainstream of national life. Courts 45(A)(2)(ii). Different States have set up. Committee: Constitutional Bodies 1, National Commission for Scheduled Castes (NCSC) (article 338). The Constitution, composition, duties and powers are all indicated in the article. 2. National Commission for Scheduled Tribes (NCST) (article 338A). Similarly, the Constitution, composition, duties and powers of the NCST are provided for under the said article. ui i slami: Iniversity, as a minority institution, has a pr to class quota to only OBCs and SCs among Muslims. about its legality. If implemented, the legali of nay be questionable because the Constitution limits national laws banning it. ges; excommunicated from ‘not allowed to draw water violence, if any form of reluctant to register their el a long way to address the a Orde | - CHAPTER 9 RENDITION OF LEGAL AID There is a higher court than courts of justice and that is the court of conscience, ere Tt supercedes all other courts. Sa Corrective Steps National Mission for Delivery of Justice and Legal Reforms (Strategic Initiatives) 2009-12 is geared towards meaningful improvements in justice diepenraten, ‘A few notable steps have been taken at times towards timely delivery of justice to all. 1543 under-trials released across the country on Republic Day 2010. Further, a demand exists for out of turn and fast track disposal of cases filed by: * senior citizens * terminally ill * cases pertaining to pretrial and juvenile prisoners * women who are victims of violence. Law is an important instrument of social and political change. For the rule of law to be a reality, it would be imperative to maintain the faith of the society in the legal system of our country. There is an urgent need to reduce the pendency of cases in courts and also to shorten the average life span of litigation. The time for change is now. Preamble of Constitution We, the people of India, having solemnly resolved to constitute India into a [Sovereign Socialist Secular Democratic Republic] and to secure to all its citizens: Justice, social, economic and political. The word ‘secure’ means to fix or fasten securely, succeed in obtaining, protect against threats. The framers of the Constitution did not make use of words like provide, give, render and deliver etc. The word This word conveys greater certainty or a definite action, efore, it is the Will of the people to is indicative of a firm resolve or uld be within reach of all its Rendition of Legal Aid 51 Article 39A, one of the Directive Principles of th sity, in this context. It relates to equal justice ae free fosal eae is of relevance t the State shall secure that the operation of the legal s 4 ie Article lays down ona basis of equal opportunity, and shall, in particular B Pe promotes justice, suitable legislation or schemes or in any other wa i Provide free legal aid, by for securing justice are not denied to any citizen ra reel af a ie disabilities. of economic or other Significance : 1. Free legal aid has been mentioned in the heading of the Article along side equal justice. The obvious implication is that the two go side by side. 2. It is to be appreciated that equal justice cannot be provided itativ It is a notion and principle. Pee aaee 3, The reference to equal justice is in the sphere of equal opportunity to seek justice. 4 Framing of suitable legislation is indicated as a mechanism for providing equal justice. Thus a road or way has been pointed out for the State to obtain equal justice. 5, Use of words ‘in any other way’ is a device to introduce any innovation any time in future. This could be a legislation, or an executive scheme or take any other shape. 6. Other disabilities could relate to physical, medical, caste, social or regional aspects. The Legal Services Authority Act, 1987 Preamble ‘An Act to constitute legal services authorities to provide free and competent legal service to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organise Lok Adalats to secure that the operation of the legal system promotes justice on the basis of equal oppertunity. ervice to the weaker sections of the society. Free ity. The quality has to be competent in grade ified person. ing justice are not denied. This lity mechanism w! ich would 1 Legal Services Authority Law, Poverty and Development re amed by the Central Authori , Scheme section 2(1)(g). It means any, ate bie eo giving effect to any o¢ a State Authority or a District Authority the provisions of this Act. National Legal Services Autho: Supreme Court Legal Services — oe ee : been mentioned in section 3(1) Working of Free Legal Service Schemes has een soaviateaceie which States that the Central Government shall constitute a es . the National Legal Services Authority to exercise the owes a fog ie, the functions conferred on, or assigned to, the Central Authority amy er this ct, Central Authority. Its composition has been shown ix section 3(2). This is % have-— 1. CJl- Patron-in-Chief 2. Serving or Retired Judge to be appointed by the President in consultation with the CJI to be Executive Chairman. 3. Members to be nominated by the President in consultation with CJI. r under section 3. ity is provided fo pean ated in section 3A. Committee is indic Supreme Court Legal Services Committee Supreme Court Legal Services Committee has been dealt with under section 3A. It is to be constituted by the Central Authority and is to have:-— 1. Sitting Judge of the Supreme Court - Chairman. 2. Members — All to be nominated by the CJI. Functions of the Central Authority Functions of the Central Authority are enumerated in section 4. These include-— 1. Frame policies, principles and schemes. 2. Utilisation of funds. 3. Social justice litigation for consumer protection, environmental protection. 4. Organise legal aid camps. 5. Undertake and promote research. Rendition of Legal Aid 5. Victims of mass disasters, ethnic violence earthquakes or industrial disasters. i 6. Industrial workmen. 58 caste atrocities, floods, droughts, Free Legal Services ~ Free legal services would include within its ambit:— Payment of court fee, process fee and other charges. Services of Advocates. 1 Access to certified true copies and other documents . Preparation and filing of appeal, paper book. . Pre-litigation settlement. The location where free legal services are to be accessible at are as undermentioned. j. Supreme Court Legal Services Committee. 2. State Legal Services Authority. 3. High Court Legal Services Committee. 4. District Legal Services Authority. The term in custody would include custody in protective home or a juvenile home at a psychiatric hospital or psychiatric nursing home. Free legal services are meant to be given to those in receipt of annual income less than Rupees Nine Thousand. In Rajoo v. State of Madhya Pradesh, (2012) 8 SCC 553 it was held that free legal services shall be provided at all stages of the proceedings, trial as well as appellate. Lok Adalats A forum where the disputes or cases pending in the court of law or at a pre- litigation stage are settled /compromised amicably. Section 19 s k Adalats are to be organised at such intervals and places and for exercising iction as decided by: Vg FeENE | abit Legal Services Committee. in section 192). This would ts are usually presided over J Law, Poverty and Development Proviso - It is not to have any jurisdiction in respect of any case or Matte, relating to an offence not compoundable under any law. 54 ugk Lok Adalats carry statutory status under LSAA, 1987. 2. Anaward made by it is deemed to be a decree of a civil court and is fj "and binding on all parties. No appeal lies before any court against it, Connotation of Terms Used fo? : Case means a trial. A statement of facts and documents, raising a point of law, submitted for the opinion of a counsel. Means a case, ‘suit’ or proceeding in court or tribunal. Dispute means a controversy having both positive and negative aspects, [t postulates the assertion of a claim by one party and its denial by the other. Fo, example, an action to seek a succession certificate is a case when it may not involve any dispute. Compromise An agreement that is reached by each side making concessions. To settle a dispute by mutual concessions. Settlement j It is an official agreement intended to resolve a dispute or conflict. Trigger mechanism for Lok Adalat. It could come about in any of the following ways. 1. Where the parties agree. 2. One of the parties makes an application to the court. 3. Where the court is satisfied that the matter is appropriate. Procedure to be followed by a Lok Adalat. It is to be guided by principles of justice, equity, fair play and other legal principles. If no award is made, Lok Adalat is expected to advise the parties to seek remedy in a court. The matter would then go back to the same stage. Refund of Court Fees It is provided for under section 21 that the court-fee paid in a case where a compromise or settlement is reached or arrived at by a Lok Adalat should be refunded. — ABBE. overed under section 22B which lays down that is envisaged for public utility service. CHAPTER. 7 DEVELOPMENT i individuals as well as community, ty calls for upgradation of individual! A n ee _ from lower and undesirable economic, social and maa strata to a higher echelon would be attainable only through a Process of inet This upgradation is to be viewed not as a favour or bounty given but as their valuable right. Richt ce ; : A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim Development It is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom. Background The Constitution of India proclaims ‘dignity of individual’ as a core value in its Preamble. The aim of human rights is empowerment of people through human development. United Nations Charter The salient points to be noted are as follows: 1. Member States undertook to “promote social Progress and better standards of life in larger freedom’. 2. To non-discrimination 3. To participate in public affairs 4. To an adequate standard of living y one’s entitlement to a social and international order, d that human rights are a subject of international, and ights. Its eradication is vital for ly developmental project but n dignity. The agenda must using, safe drinking watet, ) apabilities alg gh the process 0 Development i ina stage of evolution. Supreme Court has opined that i igni rere and right to development are inherent oe in come : of pe a mental Core Element ral The human person is at the centre of the development. (a) The process of development should be respectful of all human tights o Development should promote social justice. é tainable development is a pattern of resource use that aims to meet human ads while preserving the environment so that these needs can be met not only 4 ie present, but also for generations to come. It has been defined as development that meets the needs of the present without compromising the ability of future erations to meet their own needs. Sustainable development is a means to eereve the object and purpose of Environment (Protection) Act as well as ? rotection of ‘life’ envisaged under article 21. N.D. Jayal v. Union of India, (2004) § SCC 362. Inter-generational equity means the present generation is answerable tothenext generation by giving to the next generation a good environment. Thus, the doctrine of sustainable development also forms part of article 21 of the Constitution. Glanrock Estate (P) Ltd. v. State of Tamil Nadu, (2010) 10 SCC 96: 2010 ‘AIRSCW 6045. Right to Development (RTD) Proclaimed by the United Nations in 1986 in the Declaration on the Right to Development. It was adopted by the United Nations General Assembly resolution No. 41/128. Right to Development is a Group Right 25th June, 1993 The Vienna Declaration and Programme of Required Action. The Right to Development was reaffirmed as a universal and inalienable right and an integral part of fundamental human rights. The development facilitates the enjoyment of all human rights. The Rio Declaration, 1992 Human beings are at the centre of concerns for sustainable development. Environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from sustainable development. iples of the RIO Declaration x of 27 principles intended to guide future sustainable inciple No. 5 deals with eradication of poverty. it in standards of living and better meet the vorld. yment must be fulfilled so as to needs of present and future 3 Law, Poverty and Development Copenhagen Declaration, 1995 nan Social devel snt is central to the needs and aspirations of people throughout Social development is central to Sn depekaeell the world, We commit ourselves to ensure struc ate It pledged to make the conquest of poverty, the including social development goals. ‘ Wit ae Boal of fal santo! and the fostering of social integration overriding objectives of development. Right to Development Includes 1, Full sovereignty over natural resources. . Self determination. . Popular participation in development. . Equality of opportunity. . Creation of favourable conditions for the enjoyment of economic, social and cultural rights. Declaration on the Right to Development It is one of the universal and inalienable rights. The concept is based on RTD to be an integral part of fundamental human rights. Alienation is to make a thing another man’s. It imports an actual transfer of title. 1, Least developed countries should be supported by international community in their transition to democracy and economic development. 2. States should co-operate with each other in ensuring development and eliminating obstacles to development. other civil, political, Vr wn Recognition To meet equitably the developmental and environmental needs of present and future generations. Certain Advances Notably in the biomedical and life sciences as well as in Information technology may have potentially adverse consequences for the integrity, dignity and human rights of individuals. and dangerous substances and waste. al agenda. Hence, any interpretation of pear weak. , Women, Children and those with Special Need: leeds i Rights of the di Declaration of the of the disabled persons (ad 85 jncludes persons with mental illness. It proclaimed ati by the UN in 1975) ithe disabled people to an inherent right to resp vil and political rights ect their human digni atemational Year of Disabled Persons 1981 ie Mental Health Act, 1987 Mental Health Act, 1987 is a Civil Rights legislation with focus ards in mental health institutions. on regulating stand preamble if d idate and amend the | i An Act to consolida' e law relating to the treatment mentally ill persons, to make better provisions with respect to their fe hi affairs and for matters connected therewith or incidental thereto. pee Case Law 1, Admission of non-criminal mentally ill persons to jails was held to be illegal and unconstitutional by the Supreme Court in ic of India, (1993) 4 SCC 204: 1993 AIR CW 2908. anab- vee 2. The practice of tying up the patients who were unruly or not physically controllable with iron chains. Was ordered to be discontinued by the Supreme Court in Chandan Kumar Banik v. State of West Bengal, 1995 Supp (4) SCC 505. The court ordered medical treatment of these patients. 3, All mental asylums located in the State of Tamil Nadu which were housed in thatched shed were ordered to be closed immediately. Whenever mentally ill patients were to be found in chains, they were to be unchained immediately. Those with violent tendencies would be admitted in government mental institutions for further care. In re: Union of India, (2002) 3 SCC 31. Child Labour A binding piece of international legislation presents an instrumen' global reach. Article 24 of the Constitution of India is the relevant policy in this regard. It enforces prohibition of employment of children in factories etc. No child below the teen years shall be employed in work in any factory or mine or engaged dous employment. modest estimates, the it having re are a few million children who not ight to childhood but also have been saddled with eir households. Across the country militancy, and road accidents render several lakh our means any kind of work for Law, Poverty and Development different forms of abuse such ag gp. It ees tl cit exploitation. It keeps them vad forced involves use of children to lower labo, emotional ee aan aaa Further, ee. inues, it would be difficult to __Ttis felt that as long a Ree “lish it through a legal mae leis cen proposition. Hence, a viable'opHon'is to beng child laboy, ae pa Further, to regulate and ameliorate their conditions of Wor} in other areas. Daven. employed as labour to work in unsafe environment, 2. Their childhood is a life of poverty, illiteracy and prolonged misery, 3. Child labourers usually receive only meager wages, Sectors Involved Following industries employ children in Beedi manufacture Diamond industry Domestic labour » Fireworks making . Silk manufacture . Construction 7. Brick kiln, The estimate of numbe: A child labour is usually 07 jobs which are often hazardous in Nature Bene au t of child labour in India varies from 20 to 50 million, verworked, underfed and underpaid. Child Labour (Prohibition and Twin Objective 1. Prohibits engagement of children in certain employments, 2. Regulates the conditions of work. The Act prohibits employ t yment of children in 13 i: Contained in Part A & B of the lt Regulation) Act, 1986 a ‘ omen, Children and those with Special Ne 7. Hazardous process - , 8. Brick kilns etc. section 4 ‘ The list of hazardous occupations and Processes i i on the recommendations of Child Labour Technical Acie ee cepanded address health and safety concerns. eh) a The violation of the Act carries punishm: i ent rangin; aa simp ranging from one month to two Challenges 1, There is no law to regulate the workin; iti i ig conditions of children i: the employment where they are not prohibited to work. The Ads ig protect children who perform domestic or unreported labour. : 2. Girls are unr i ee. ah ecognised labourers because they are seen as helpers and not Since poverty is the root cause of child labour, general development programmes are being directed to cover child labour and their families. They are to be given benefit of poverty alleviation schemes and opportunities of employment generation. The other efforts involve setting up of special schools for the education of child labour withdrawn from work. Right to Education Education is the most effective mechanism for development of human beings. Ithas the potential to emancipate them and lead to their liberation from ignorance and poverty. Education is the minimum essential for all round development of an individual personality. As pointed out by the Supreme Court in Unni Krishnan v. State of Andhra Pradesh, AIR 1993 SC 2178: 1993 ‘AIR SCW 863: (1993) 1 SCC 645, “That is education which leads to liberation - liberation from ignorance, which shrouds the mind; liberation from superstition Ww: ich paralyses effort, liberation from prejudices which blind the vision of the Truth”. Education alone is the ] key for emancipation from poverty and would lead to development. The access to ation is to be ensured through law. education emanates from the Preamble, the Constitution. Articles 14, 15(4), 16, 21, compulsory education to all children between the Y jaw determine. 7 ildren fall in above age group, out 0 a the case of Unnikrishnan v. State of right to education is implicit in r py article 21 and must be Policy ined in Articles obligation to provide the , 88 Law, Poverty and Development 1. Every citizen of India has a right to free education until he completes age of 14 years. the 2. Beyond that stage his right to educ economic capacity of the State. The Right of Children to Free and Compulsory Education Act, 2009 Provig, for free and compulsory education to all children of the age of six to fourteen yon 1. No donation or capitation fee. S 2. No interview of the child or parent for admission. All private schools to reserve 25% of seats for children from poor familie be reimbursed by the State as part of public private-partnership plan). Definition — Section 2 (a) Child belonging to disadvantaged group. (b) Child belonging to weaker section. No child shall be held back, expelled or required to pass a board examination until the completion of elementary education. Special training of school drop outs to bring them at par with students of the same age. Surveys will monitor all neighbourhoods, identify children requiring education and set up facilities for providing it. The Right to Education of persons with disabilities until 18 years of age has also been made a fundamental right. State Commission for Protection of Child Rights. ation is subject to the limits of te (to Criticism 1. Quality of education questionable. According to Dr. Karan Singh, “our system of education should be designed to inculcate in the young an awareness of the primacy of the spirit without in any way belittling the importance of the material foundations upon which any dynamic civilization must rest.” (a) Shortage of teachers (b) Infrastructural gaps. 2. A discriminatory step because those studying in private schools are atan advantage. 3. No provision for children in age group of 0-5 years. t prc or education till the age of 14 years. But education upt? cae hild with the basic skills needed either for ga) on with a basic level of self reliance Women, Children and those with Special Needs 89 The word ‘neighbourhood’ has not been defined in the Act. The Stat thereby interpret in the manner convenient to hide their inefficiencies, As of now, the teachers are not able to identify students with special needs. students who suffer from mild to moderate form of disability like autism or dyslexia have no special educators, in majority of the schools, to teach them. Street Children A street child is one “for whom the street (in the widest sense of the world including unoccupied dwellings, wastelands, etc.) has become his or her habitual abode and/or source of livelihood, and who is inadequately protected, supervised, or directed by responsible adults.” According to one estimate, there are more than 4 lakh street children in India. ‘A study by the UNICEF has reported that 72 per cent of the street children were in the age group of 6 to 12. According to a study conducted in all nine districts of Delhi State in July- August 2010, nearly 70 per cent. of street children have to find for themselves though their parents, siblings or other relatives also live in the city. Most of the children are engaged in rag picking, vending, begging, working in road side stalls, repair shops and manufacturing units. More than half of them spoke of some kind of abuse - verbal, physical and even sexual, sometimes at the hands of policemen. ites may One suggestion calls for amendment of sections 53 and 54 of the Code of Criminal Procedure to make a medical examination mandatory when a street child is detained. Further, the provisions of Juvenile Justice Act could be changed in order to introduce a mechanism for complaints and prosecutions for abuse. Street children suffer from many denials and vulnerabilities. These include, deprivation of responsible adult protection, coercion to work to eat each day, work on unhealthy occupations on streets like rag picking and begging etc. While dealing with the plights of shelterless persons in Delhi, in the matter of People’s Union for Civil Liberties v. Union of India, (2010) 5 SCC 318, the Supreme Court ruled that street children also need shelter and rehabilitation. Rights of Elderly s who ill treat their old parents or fail to provide for their d against under the Maintenance and Welfare of Act, 2007. This Act seeks to have provisions for the rents and senior citizens, guaranteed and object is to ensure the maintenance of dren. The Act grants them right to get ti under the Act. A refusal or to pay maintenance upto 5,000 and also a prison term of ‘one of the components of PS provides a monthly ‘of 65. This scheme is Panchayats and j 90 Law, Poverty and Development

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