Class: SYBCom Semester-III Subject: Foundation Course-III

INTRODUCTION TO HUMAN RIGHTS

Human rights are essentially the rights of people. They are the rights that an individual can
avail and enjoy, by virtue of being born as a human being. In legal terms, 'human rights'
means 'the rights relating to life, liberty, equality and dignity of an individual guaranteed by
the Constitution or embodied in the international covenants and which are enforceable by
courts in India.

The Universal Declaration of Human Rights (UDHR 1948) defines 'human rights' as "Rights
derived from the inherent dignity of the human person."

Human rights can be broadly classified into three groups - civil rights, political rights and
economic and social rights.

Civil Rights

In India, civil rights are the fundamental rights guaranteed to all the citizens under the
Constitution of India. They are rights to fight against unfair treatment by the State and the
Society. They are the rights that uphold humanitarian values with the purpose of nurturing
human dignity.

The civil rights include – right to equality, right to freedom of speech and expression, right to
freedom of movement and residence, right to freedom of peaceful association, right to
freedom of religion, right to fair trial, right to privacy, right to life, right to own property, etc.
Political Rights

The political rights are guaranteed only to citizens of the State. They enable the citizens to
participate directly or indirectly in the working of the State. These rights enable citizens to
live in a society with law and order. The political rights can also be classified as civil rights as
they ensure freedom to live in a society. Some of the political rights include - right to
nationality, right to criticize the Government, right to hold public office, right to vote, right to
represent or stand in election, etc. Special political rights are provided to SC and ST
communities. For instance, seats shall be reserved for SCs and STs in the Lok Sabha (Article
330) and in the Legislative Assemblies (Article 332).

Economic and Social Rights

The economic and social rights make an individual self-sufficient and self- reliant in his/her
basic needs - food, clothing and shelter. These rights enable members of the society to attain
economic and social equality.

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The economic and social rights focus on economic and social upliftment of the poor and
weaker sections of the society. Some of these rights include right to work, right to just
conditions of work, right to equal pay for equal work, right to social security, right to health,
right to education, etc.

Normally, persons belonging to SC community are called as 'Dalits'. The word “Dalit” comes
from the Sanskrit root dal- and means "broken, ground-down, downtrodden, or oppressed."
Those previously known as Untouchables, Depressed Classes, and Harijans are today
increasingly adopting the term "Dalit" as a name for themselves. "Dalit” refers to one's caste
rather than class; it applies to members of those menial castes which have born the stigma of
"Untouchability” because of the extreme impurity and pollution connected with their
traditional occupations,

FORMS OF VIOLATION OF RIGHTS OF VULNERABLE GROUPS

Vulnerable groups are those sections of the society that experience economic and social
backwardness and other forms of social exclusion as compared to the general population. The
vulnerable groups face the problem of discrimination, deprivation, exploitation, neglect and
violence.

In India, there are at least 12 vulnerable groups, which include Women, Children, Elderly,
Disabled, Migrants, HIV Positive Persons and AIDS Victims, Refugees, Linguistic and
Religious Minorities, Sexual Minorities, Scheduled Castes (SC), Scheduled Tribes (ST) and
Internally Displaced Persons.

Forms of Violation of Human Rights

The vulnerable groups are treated unfairly by some of the members of the general society.
There are shocking acts of communal violence, child abuse, gender bias, caste-related
atrocities, and so on, mainly due to poor enforcement of laws, poor governance, and cheap
politics.

The unfair treatment meted out to vulnerable groups can take different forms such as:

1. Discrimination: It refers to unjust or unequal or prejudicial treatment of different

categories of people on the grounds of race, religion, caste, age, gender, economic status and
so on. For instance, in India, in some societies, girls are given unjust treatment as compared
to boys in terms of food, facilities, education, etc.

2. Deprivation: It refers to lack of basic resources and facilities, which are necessary for a
pleasant life such as enough money for food, clothing, and shelter or for good living

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conditions. For instance, in some families, the disabled and elderly are deprived of good food
and clothing

3. Exploitation: It refers to the action of treating someone unfairly in order to benefit from
their work. In other words, someone or group may take undue advantage of the weaker
sections in the society. For instance, in certain states, uneducated people especially belonging
to weaker sections are exploited by landlords, money lenders and others.

4.Neglect: It refers to lack of care and attention or disregard to certain weaker sections of the
society. For instance, in some families, elderly persons are neglected in terms of health care
and other facilities.

5. Violence: It refers to behaviour involving physical force intended to hurt, damage or

destroy or kill someone or something. For instance, there are cases of domestic violence,
violence against migrants, violence against dalits, and so on.

SCHEDULED CASTES

Meaning of Scheduled Castes :

Article 341 and 342 of the Constitution of India have reference to Scheduled Castes (SC) and
Scheduled Tribes (ST) with respect to any State or Union Territory. The SC/ST are the
backward class of citizens disadvantaged people in India.

The SCs belong to religions - Hinduism, Neo-Buddhism, and Sikhs. There is no religious bar
as far as ST is concerned, i.e., ST can belong to any religion.

As per Census 2011, SCs comprise about 16.6% of India's population. The highest percent of
SC population, 31.9% of the State's total number, is in Punjab. The highest number of SCs
are in UP at 4.1 crore.

The Constitution of India, Article 366 (24) defines "Scheduled Castes” means such castes,
races or tribes or parts of or groups within such castes,races or tribes as are deemed under
Article 341 to be scheduled castes for the purposes of this Constitution."

CONSTITUTIONAL AND LEGAL RIGHTS OF SCHEDULED CASTES

I. Constitutional Rights:

The Constitution of India provides various constitutional rights in the form of safeguards to
Scheduled Castes (SC). The safeguards are grouped into six categories as follows:
● Social Safeguards

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● Economic Safeguards
● Educational and Cultural Safeguards
● Political Safeguards
● Service Safeguards
● Other Safeguards

1. Social Safeguards

Article 15 of the Constitution of India provides for social equality and equal access to public
places.

It includes:
Ø Article 15 (1) states that “the State shall not discriminate against any citizen on
grounds of religion, race, caste, sex or place of birth."
Ø Article 15 (2) states that every person shall have equal access to public places like
public parks, museums, wells, bathing ghats, temples, etc., maintained out of State
funds.

Article 17 of the Constitution of India has abolished the practice of untouchability. Practice
of untouchability is an offence and anyone doing so is punishable by law.

Article 25(2)(b) provides for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and sections of Hindus (including
SC/ST). The term Hindu includes persons professing Sikh, Jain, and Buddhist religion.

2. Economic Safeguards

Article 23 provides for abolition of traffic in human beings and 'begar (forced labour, usually
without payment or bonded labour) and other forms of forced labour. Begar which was
practiced by the landlords has been declared as a crime and punishable by law.

Although, there is no specific mention about SC/ST in this Article, but majority of the forced
labour (in certain states) come from SC/ST. Therefore, this Article has significance for SC.
According to one estimate, 87% of bonded labourers belong to SC and ST.

Article 24 states “No child below the age of 14 years shall be employed to work in any
factory or mine or engaged in any other hazardous employment." Although, there is no
specific mention about SC in this Article, but majority of the child labour (in certain states)
come from SC. Therefore, this Article has significance for SC.

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3. Educational and Cultural Safeguards

Article 15 (4) empowers the State to make any special provisions for the advancement of
backward classes of citizens including SC/ST. Under Article 15(4), Government can reserve
seats or provide fee concessions for backward classes of citizens in State run institutions or
institutions receiving aid from the State.

Article 15(5) was introduced by the Constitution (Ninety-third Amendment) Act, 2005, so as
to bring private unaided institutions into the ambit of reservations.

Article 46 of Constitutional provisions directs the State to protect the educational interests of
the weaker section of society especially the Scheduled Castes and Scheduled Tribes.

Article 335 allows relaxation in qualifying marks for admission in educational institutes or
promotions for SCs/STs.

4. Political Safeguards

The Constitution of India provides reservation of seats for SC/ST to local bodies (municipal
corporations/panchayats) of the States/Union Territories, Legislative Assemblies of the
States, and Lok Sabha

Article 243D states that seats shall be reserved for SC/ST in the village panchayats and out of
such seats, 1/3rd of the seats to be reserved for women belonging to SC/ST.

Article 243T states that seats shall be reserved for SC/ST in the Municipal
Councils/Corporations and out of such seats, 1/3rd of the seats to be reserved for women
belonging to SC/ST. Under Article 243D and 243T - the offices of chairpersons in the village
panchayats and in the municipalities shall be reserved for SC/ST.

Article 330 states that seats shall be reserved for SC/ST in the Lok Sabha.

Article 332 states that seats shall be réserved for SC/ST in the State Assemblies.

In the case of Lok Sabha and State Assemblies, the number of seats reserved in any
State/Union Territory for the SC/ST shall be in the proportion of population of SC/ST in the
State/UT.

5. Service Safeguards

Article 16 (4) states that the State may reserve posts for members of backward castes
(SC/ST) which are not adequately represented in the services under the State, so as to uplift
the weaker sections of the society.

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Article 16 (4A) allows the state to implement reservation in the matter of promotion for SCs
and STs.

Article 320(4) states that while taking into consideration the claims of SC/ST in making
appointments to the public services of the Centre/ States, the consultation with the respective
Public Service Commission (UPSC/SPSC) shall not be required.

Article 335 states that the claims of SC/ST shall be taken into consideration in making
appointments to public services of Centre/ States.

6. Other Safeguards

Article 338/338A/339: Establishes a National Commission of SCs and STs. Article 339
allows the central govt. to direct states to implement and execute plans for the betterment of
SC/STs.

Article 340: Allows the president to appoint a commission to investigate the condition of
socially and economically backward classes and table the report in the parliament.

II. Legal Rights:

The Scheduled Castes have certain legal rights as stated in various Acts passed by the
Government of India. The various Acts that confer legal rights on SC are as follows:

1. The Untouchability Offences Act, 1955 (renamed as 'Protection of Civil Rights Act,
1976) provides penalties for preventing a person from entering a place of worship or from
taking water from a public well.

2. The Parliament enacted the Bonded Labour System (Abolition) Act, 1976 for
identification, liberation and rehabilitation of bonded labour.

3. The Parliament has introduced The Child Labour (Prohibition and Regulation) Act,
1986 to prohibit the employment of children in certain occupations and processes.

4. The Government of India enacted the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 to prevent atrocities against SC/ST. This Act also aims
at the social inclusion of SC/ST into the mainstream of the society. Penalty is imposed on the
offenders which shall not be less than 6 months but which may extend to 5 years and with a
fine. The Act contains provisions for relief and compensation for the victims of atrocities.

5. An Act‘Employment of Manual Scavengers and Construction of Dry Latrines

(Prohibition) Act, 1993 was passed to provide for the prohibition of employment of manual

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scavengers as well as construction or continuance of dry latrines and for the regulation of
construction and maintenance of water-seal latrines and for matters connected therewith or
incidental thereto.

FORMS OF VIOLATIONS OF RIGHTS OF SCs

Despite the Constitutional Framework, there are gross violations of human rights of SCs,
especially by the upper caste people. Some of the violations are as follows:

1. Problem of Untouchability: According to Article 17 of Constitution of India,

Untouchability is abolished and its practice in any form is forbidden. This means practice of
Untouchability is an offence and anyone doing so is punishable by law. To make
Untouchability law stricter, Parliament passed Untouchability (Offences) Act, 1955, which
was amended and renamed as Protection of Civil Rights Act, 1955.

Despite the Untouchability Act, some of the SCs still feel the sting of Untouchability, which
affects their development.

2. Economic Exploitation: The SCs also face the problem of economic exploitation. In rural
India, SCs face economic exploitation on account of their illiteracy, and poverty. The
landlords exploit the weaker sections by making them work for longer hours at low wages.
The money lenders also exploit the weaker sections by charging higher interest rates on
loans.

3. Bonded Labour: Forcing the SCs to work as a 'begar' or other forms of forced or bonded
labour. For instance, most bonded laborers are low-caste, illiterate, and extremely poor, while
the employers are usually higher-caste, literate, comparatively wealthy, and relatively more
powerful members of the society. According to one estimate, 87 percent of bonded laborers
are Scheduled Castes and Scheduled Tribes.

4. Discrimination at School : Discrimination at School of children belonging to members of

SCs. There are instances in which SC children were forced to sit at a distance from upper
caste students. There are cases, where some teachers pay no attention towards their education.

SC students are forced to do work like cleaning school, wash utensils etc. instead of learning.
Such frequent discrimination in the school compels the SCs children to leave education.

5. Assault on Women : Assault on women belonging to the SCs with an intention to

dishonour or outrage her modesty. For example: In April 2001 Ashamma, a 40-year-old Dalit
Jogini from Mahabubnagar district, Andhra Pradesh was physically attacked and verbally
abused after she entered into the village temple as part of the State Government's
anti-untouchability drive.

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The temple was initially washed with milk, and later destroyed due to her allegedly
"polluting" the temple. She received no government compensation, and the new temple
remains barred to Dalits.

6.Insulting Human Dignity: Parading nude or with a painted face or body, thereby, insulting
the human dignity of SCs. In Oct. 2006, a mob of 60 upper caste villagers stormed the house
of Bhotmanges in Kherlangi Village in Bhandara District of Maharashtra. 40 year old
Surekha, her daughter Priyanka, and sons Roshan and Sudhir were dragged from their home,
stripped naked, beaten and taken to the village square. At the village square both women
were raped for over an hour, after which all four family members were hacked to death.

7. Forceful Eviction : Forcibly evicting the SCs from his/her land or premises and/or
interfering with the enjoyment of his/her rights over any land, premises or water.

8. In-human Acts : In-human acts with the intention to cause injury, insult or annoyance to
the members of SC community such as dumping of excreta, waste matter, carcasses of dead
animals, etc. in their premises or neighbourhood.

There are cases of forcing a member of SCs to drink or eat any inedible or obnoxious
substance such as urine, dead animals, rotten vegetables/foodgrains, etc.

9. Denial from Voting : Forceful voting in favour of a particular candidate in a manner other
than that provided by the law. At times, SCs are/facing denial from voting. For instance,
Munna Lal (belonging to SC) was beaten to death in Agra in March 2012 reportedly for
refusing to vote for a particular party candidate during the elections to the State Assembly of
UP.

10. Humiliation : Insulting a member of SCs with the intention to humiliate in any place
within public view including at the workplace. Although the Constitution of India does not
permit such activities, such cases do happen in certain parts of India.

11. Destruction of Property : Burning of houses or property belonging to the members of

SCs. For instance, Caste atrocity in Lathor, Bolangir district of Orissa; more than 50 houses
were burnt by upper castes in January 2012.

12. Murders : Murders and Killings of the members of SCs. For instance, Chief of Ranvir
Sena, a private militia of upper caste landlords, is allegedly responsible for perpetrating
several killings including the Laxmanpur Bathe massacre of 61 Dalits way back in December
1996. His hand was also suspected in carnage that took place in the districts of Jahanabad,
Aurangabad and Nawada in the 1990s. The Chief of Ranvir Sena - Brahmeshwar Singh was
shot dead on June 1, 2012.

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REDRESSAL MECHANISMS FOR SCs

The Constitution by Article 32 and Article 226 has recognized every individual's rights to
seek redressal from the court if his/her rights are violated.
l Article 32 states that when an individual is deprived of his fundamental rights, he
can move the Supreme Court and seek justice. Under Article 32, the Parliament
can also empower any other court to exercise the power of Supreme Court
'within the local limits of its jurisdiction.’
l Article 226 empowers every high court to issue the writs. The courts are empowered to
accept/entertain writ petition from person or persons whose rights are violated.

The Government of India has set up Redressal Mechanisms at national level and at state
level. The redressal mechanisms are in the form of commissions such as National Human
Rights Commission, State Human Rights Commission (set up State Governments), National
Commission for Women, etc.

With special reference to Scheduled Castes, the Government has set up National Commission
for Scheduled Castes.

NATIONAL COMMISSION FOR SCHEDULED CASTES

The statutory National Commission for Scheduled Castes and Scheduled Tribes came into
being, consequent upon passing of the Constitution (Sixty fifth Amendment) 1990. The first
Commission under the Constitution (65th Amendment) was constituted in March 1992.
Subsequently another three such commissions were constituted.

Consequent upon the Constitution (Eighty-Ninth Amendment), 2003 coming into force on
19-2-2004, the erstwhile National Commission for Scheduled Castes & Scheduled Tribes has
been replaced by:

(1) National Commission for Scheduled Castes, and

(2) National Commission for Scheduled Tribes.

Functions of the National Commission for SCs:

The functions and responsibilities of the Commission are as follows:

(a) To investigate and monitor all matters relating to the safeguards

provided for the Scheduled Castes under this Constitution of India or under any other law or
under any order of the Government and to evaluate the working of such safeguards;

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(b) To inquire into specific complaints with respect to the deprivation of rights and
safeguards of the Scheduled Castes;

(c) To participate and advise on the planning process of socio-economic development of

the Scheduled Castes and to evaluate the progress of their development under the functions of
Union and any State;

(d) To present to the President, annual reports and other reports, upon the working of
those safeguards;

(e) To make in such reports recommendations as to the measures that should be taken by
the Union or any State for the effective implementation of those safeguards and other
measures for the protection, welfare and socio-economic development of the Scheduled
Castes; and

(f) To discharge such other functions in relation to the protection, welfare and
development and advancement of the Scheduled Castes as the President may, subject to the
provisions of any law made by Parliament, by rule specify.

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