KLE Law

College, Bengaluru
(Constituent College of K L E Technological University,
Hubballi)
Name of the Student Pallavi P

Student Registration No. 03FL22MLC004

Name of the Programme with Section LLM

Semester II Semester

Name of the Course Law and Social Transformation in

India

Course Code 21LLCC104

Name of the Course Teacher Dr.Anita.M.Jalisatgi

Signature of the Student Signature of the Course Teacher

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 ACKNOWLEDGEMENT

I would like to express gratitude to my Professor Dr.Anita.M.Jalisatgi

ma’am for assigning me this topic and giving me this opportunity to do an in-
depth research on my assignment topic. I also would like to extend my sincere
gratitude to the library department of our college for facilitating remote access
to online resource without which researching would have been extremely
difficult in the given circumstances.

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 DECLARATION

I, Pallavi.P of KLE Society’s Law College, Bengaluru studying in 1st

year LLM, declare that I have completed the assignment topic on “Law an d
Empowerment of Backward Classes” and the same has not been published on
any other source. The information submitted is true and original to the best of
my knowledge.

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 CONTENTS

SL.No Particulars Page No.

1 Introduction 5

Meaning, Definition & History Of Backward

2 6
Classes

3 Empowerment as a method of Social Transformation 8

4 Laws empowering Backward classes 9

5 Judiciary’s Role in Empowering backward classes 12

8 Conclusion 14

9 Bibilography 15

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 CHAPTER - 1

INTRODUCTION

Indian society has transformed over the period of time from a society governed by
smrithi, sruti, dharma and other customary law to western conceptions of law and authority
during the colonial period .Further with the rights-based constitution and progressive law-
making which includes the codification of religious laws and affirmative action during the
post-colonial period, the Indian society has undergone tremendous transition. Pluralism
existing in the Indian society and entry of modernism into the various aspects of public and
personal life makes the task of law-monitored and law linked social changes in a developing
multicultural society like India a complex and difficult task.
Law has always been looked at as one of the important instruments that could bring
about social change. Many academicians have supported the view that law enjoys and uses
unifying power to contribute towards better social cohesion, as a tool for bringing about
homogeneity in the heterogeneous population having socio-cultural diversities. Though there
are several devices to bring about a change and reformation in society, but reformation
through law is perhaps one of the most effective and safest methods to achieve this end.
Social transformation takes place due to the presence of several factors in the
surrounding. These are the demographic structure, technological upliftment, change in the
ideologies of the people in society, increase in the welfare of the people in society and so on.
It was an American Judge named Benjamin Cardozo who said that law should not be viewed
as a definite instrument trying to bring in social change but as a flexible instrument of a
necessity to bring in the welfare of the society. This is the essence of the Indian
Constitution as well. The forefathers of the Constitution were clear with the fact that India
after receiving independence should not be subjected to the similar kind of humiliation in any
form as it has been for several years before 1947.
The Indian Constitution can, therefore, be one of the citing examples to showcase
how law can be used to bring in social transformation.

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 CHAPTER - 2

MEANING, DEFINITION & HISTORY OF BACKWARD CLASSES

The backward classes in India can be understood only when we understand the basic
character of Indian society which consists of a number of closed status groups. The
‘backward classes’ do not constitute one single whole but a multitude of social groups with
varying positions and socio-economic standing in the social hierarchy of Indian society. They
suffer from disadvantages and disabilities which are age-old and which derive their sanction
mainly from the caste system. Low status, poverty and illiteracy are social problems, which
they have inherited due to their ascribed status of being born in a low caste or tribe.
The origins of the backward class definition can be traced back to the early 20th
century when the British colonial administration introduced measures to identify and classify
communities based on their socio-economic conditions. The colonial government created
various categories such as "depressed classes" and "backward tribes" to identify marginalised
groups who were socially and economically disadvantaged. These classifications were
primarily based on occupation, social status, and traditional hierarchies prevalent in Indian
society.
The term backward classes first acquired a technical meaning in the Princely State of
Mysore, the Mysore government appointed a committee to enquire into the question of
encouraging members of the backward communities in public services.During the
Constitutional Assembly discussions, when asked as to what is backward community,
Ambedkar defending the draft explained “We have left it to be determined by each local
government. A backward community is a community which is backward in the opinion of the
government .”
Hence the term has not been defined in constitution but during both pre and post
Independence the discrimination concept based on caste, gender, class was highly prevailing
in India, hence the people who were subjected to these discriminations, inequalities etc were
presumed to the backward class.

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 WHO ARE CONSIDERED AS BACKWARD CLASSES ?

The history of the backward class in India is deeply rooted in the country's social and
caste system. The debate in the Constituent Assembly regarding identification of backward
classes centred on certain issues, which ironically continue to be the subject of judicial
proceedings.
Firstly, the question raised was whether caste should be used as the indicator. This
raised doubts about the classification of Scheduled Castes and Scheduled Tribes.Secondly,
the question was raised as to whether economic or educational status would be a factor in
determining backwardness. The third issue which was raised dealt with the sensitive issue of
whether such protective discrimination ought to persist or should be limited. The final issue
was regarding the question of when a caste was socially, educationally and culturally
backward, but its members were economically advanced, whether they should be given
protection.Finally it was decided that Backward classes would temporarily refer to social
groups that have historically faced socio-economic disadvantages, discrimination and
marginalisation. The concept of backward classes emerged as a way to address the historical
injustices and ensure the upliftment of these communities initially.
The term has not been defined in constitution but during both pre and post
Independence the discrimination concept based on caste, gender, class was highly prevailing
in India, hence the people who were subjected to these discriminations, inequalities etc were
presumed to the backward class. The concept of backward classes gained further prominence
with the establishment of the Mandal Commission in 1979.
Various Backward Class Commissions appointed by State and Central Governments

have used the criterion of caste as one of the parameters or initial reference groups. The First
Backward Classes Commission, 1953 (Kaka Kalelkar Commission) reasoned, "A variety of
causes -social, environmental, economic and political- have operated both openly and in
subtle form for centuries to create the present colossal problem of backwardness.
Economic backwardness is the result and not the cause of many social evils." Low
social position in traditional caste hierarchy, lack of education, and inadequate representation
in government service, trade, commerce or industry were the causes for backwardness, it

said. The Second Backward Classes Commission 1978 (Mandal Commission) considered

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caste as a natural collectivity for defining backwardness. While it recognised the changes
occurred in the caste system owing to democracy, urbanisation, industrialisation and mass
education, it declined to accept any material alteration in the basic structure of caste. The
Commission reports gained significance owing to the government's reliance on them for
policy guidelines, which are subject to judicial review.
Judiciary has consistently emphasised on application of multiple factor tests in
identifying the beneficiaries of protective discrimination, and has declined to rely solely on

caste in identifying backwardness. It was said in M.R. Balaji v. State of Mysore. "Social
backwardness is on the ultimate analysis the result of poverty, to a very large extent. The
classes of citizens who are deplorably poor automatically become socially backward. They do
not enjoy a status in society and have, therefore, to be content to take a backward seat. It is
true that social backwardness which results from poverty is likely to be aggravated by
considerations of caste to which the poor citizens may belong, but that only shows the
relevance of both caste and poverty in determining the backwardness of citizens."
The Mandal Commission's report, submitted in 1980, classified the population into
Other Backward Classes (OBCs), which included various castes and communities that were
socially and educationally disadvantaged. The commission based its classification on factors
such as low literacy rates, inadequate representation in government jobs and educational
institutions, and socio-economic backwardness.

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 CHAPTER - 3

EMPOWERMENT AS A METHOD OF SOCIAL TRANSFORMATION

Empowerment is a purpose-oriented action of reinforcing the ability of the

disadvantaged group to gain self-generating power to be equal partners in the process of
development to remove vulnerability of the exploited and to prevent the perpetration of
exploitation, violence and injustice.Overcoming the impeding handicap through
empowerment is a special means chosen for social transformation in welfare democracy.
Amelioration and elevation of a social segment, which is not able to compete with an
advanced segment because of present disabilities emanating from past discriminations can be
done by providing positive advantages and assistances to the powerless. That the victims of
exploitation, whether arising from caste prejudice, gender discrimination or child abuse are
seriously marginalised because of lack of ability to withstand pressure is a factor that should
be responded by energising the deprived through affirmative action according to this
approach.•The issue of empowerment and social justice for backward classes has been a
longstanding concern in India. The country has a history of caste-based discrimination where
certain groups have been marginalised and disadvantaged for generations.
In order to address this issue, the Indian government has implemented various laws
and policies aimed at uplifting and empowering backward classes, also known as Scheduled
Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes(OBCs). These initiatives
have sought to provide them with equal opportunities, access to education, employment and
representation in decision-making bodies. In the coming slides, we shall discuss about the
laws and policies introduced to empower the backward classes in India.

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 CHAPTER - 4

LAWS EMPOWERING BACKWARD CLASSES

THE CONSTITUTION OF INDIA -

The Constitution of India serves for protecting the rights and promoting the
empowerment of backward classes. These constitutional provisions have been instrumental in
reducing socio-economic disparities and empowering these communities.
1. Article 14 : Right to Equality before the law and equal protection of laws.
2. Article 15 : Prohibition of discrimination on grounds of religion, race, caste, sex or place
of birth.
3. Article 15(4) of the Constitution allows for reservations in educational institutions, while
Article 16(4) provides for reservations in public employment. These provisions aim to
address historical disadvantages and ensure representation of backward classes in these
domains. For instance, in educational institutions, a certain percentage of seats are
reserved for SCs, STs, and OBCs, enabling increased access to quality education and
promoting social mobility. Similarly, reservations in public employment have facilitated
representation and enhanced economic opportunities for backward classes.
4. Article 17 : Abolition of Untouchability.
5. Article 23 : Prohibition of traffic in human beings and forced labour.
6. Article 29(2) : Prohibits denial of admission into educational institution maintained by
the state or receiving aid out of State funds on grounds only of religion, race, caste,
language or any of them.
7. Article 46 : Guides the state towards promotion of educational and economic interests of
SCs, STs and other weaker sections, “The State shall promote with special care the
educational and economic interests of the weaker sections of the people and in particular ,
of the Scheduled Castes and the Scheduled Tribes and shall protect them from social
injustice and all forms of exploitation.”
8. The Constitution of India has exclusively spoken about Special provisions relating to
certain classes in Part 16 – Special Provisions relating to Certain classes.
9. Article 330 & 332 : Reservation of seats for SCs and STs in the House of the People and
Legislative Assemblies of the State.
10. Article 335 : Claims of SCs and STs to services and posts.

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11. Article 338, 338 A & 338 B : National Commission for Scheduled Castes (NCSC) ,
Scheduled Tribes (NCST) & Backward Classes are statutory bodies established by the
Indian government to safeguard the rights and interests of SCs, STs and Other Backward
Classes under the above mentioned Article. These commissions work towards monitoring
the implementation of laws and policies, investigating complaints of discrimination and
atrocities, and providing recommendations for the welfare of these communities. They
play a crucial role in ensuring that the rights of backward classes are protected and their
voices are heard.

LEGISLATIVE STATUTES -

1. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
one of the most significant legislations in this regard. This act was enacted to prevent the
commission of offences against SCs and STs and to provide for special courts for the
speedy trial of such cases. The said act has provisions for stringent punishments for
offences like assault, humiliation and intimidation of SCs and STs. It also establishes
special investigative agencies to ensure fair and impartial investigations. This act has
played a crucial role in deterring crimes against backward classes and protecting their
rights.
2. The Untouchability (Offences) Act was passed in 1955. Its scope was enlarged and its
penal provisions were made more stringent by amending it in 1976. It was renamed as
Protection of Civil Right Act. This act intends to prescribe punishment for the
preaching and practice of “Untouchability”.
3. Prohibition of Employment as Manual Scavengers and their Rehabilitation
Act,2013 Manual scavenging is one of the dehumanising acts. The continuation of
unsanitary latrines and the practice of employing people belonging to certain castes due
to their backwardness have remained as a stigma of exploitation. In order to promote
human dignity, fraternity and justice enshrined in the preamble and fundamental rights
and realise the goal of uplifting the weaker sections of society including the SCs and
STs, parliament enacted this act.

Moreover, efforts have been made to enhance political representation for backward
classes. The Constitution provides for reserved seats in legislative bodies for SCs and STs,
ensuring their participation in the decision-making process. Additionally, the government has

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implemented initiatives like the Panchayati Raj system, which empowers local self-
governance at the grassroots level and encourages the participation of backward classes in
local governance. These measures have resulted in increased political representation and the
empowerment of backward classes, enabling them to voice their concerns and advocate for
their rights.Education has been a key area of focus in the empowerment of backward classes
as given under Article 16. The government has implemented several measures to enhance
educational opportunities and promote inclusivity. The Post-Matric Scholarship Scheme for
SCs and OBCs provides financial assistance to students from these communities pursuing
higher education. This scheme covers tuition fees, maintenance allowances, and other
educational expenses, ensuring access to quality education for backward classes.

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 CHAPTER - 5

JUDICIARY ’S ROLE IN EMPOWERING BACKWARD CLASSES

The judicial interpretation of backward classes in India has played a significant role in
shaping policies and laws related to reservations, affirmative action, and the overall
empowerment of marginalised communities. The Judiciary has been responsible for
interpreting the constitutional provisions and addressing various legal challenges related to
Backward classes. Through its judgments, the Judiciary has provided guidelines, clarified the
criteria for backwardness, and ensured the proper implementation of reservation policies.

1. In Indra Sawhney v. Union of India case, commonly known as the Mandal Commission
case. In this case, the Supreme Court in 1992 upheld the constitutional validity of
reservations for Other Backward Classes (OBCs) in government jobs and educational
institutions, while setting certain guidelines and limitations. The court held that
reservations should not exceed 50% of the total seats, and creamy layer exclusion should
be applied, meaning that individuals from the OBC category who are socially and
economically advanced should be excluded from the benefits of reservations. This
judgment provided a framework for implementing reservations and ensuring that they are
within constitutional limits.
2. In M. Nagaraj v. Union of India case in 2006, the Supreme Court laid down additional
conditions for the application of reservations in promotions for SCs and STs. The court
ruled that before granting reservations in promotions, the state must demonstrate
backwardness, inadequacy of representation and the overall efficiency of administration.
This judgment imposed a stricter standard for applying reservations in promotions and
aimed to strike a balance between promoting social justice and maintaining efficiency in
public administration.
3. In the State of Kerala v. N.M. Thomas case in 1976, the Supreme Court held that the
concept of creamy layer exclusion should also be applied to Scheduled Castes and
Scheduled Tribes. The court emphasised that reservations were meant for the upliftment
of the truly disadvantaged and that excluding the creamy layer would prevent the benefits
from being concentrated among a few privileged individuals. This judgment reinforced

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 the principle of social justice and ensured that reservations are targeted at those who
genuinely require support.
4. In E.V. Chinnaiah v. State of Andhra Pradesh case in 2004, the Supreme Court held
that states have the power to sub-categorize the OBCs based on quantifiable data and
valid reasons. The court clarified that sub-categorization should be based on the relative
backwardness of different communities and should not violate the constitutional principle
of equality. This judgment provided states with the flexibility to tailor reservation
policies to the specific needs of different OBC communities.
5. In Ashok Kumar Thakur v. Union of India in 2008, the Supreme Court upheld the
constitutional validity of reservations in central educational institutions but directed the
government to review the reservation policy periodically to ensure that it does not
perpetuate.

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 CONCLUSION

Preamble of the constitution of India commits itself to secure to all the citizen Justice,
Social, Economic and Political, equality of status and opportunity.But merely declaring that
all citizens are free and equal was not sufficient and there was need to create a mechanism of
law for achieving social change.It is really a paradoxical situation that while on one hand,
constitution is having a foundation of social transformation, but on the other hand India is
hiding the real segregation, exploitation and other forms of abuse by not allowing further
studies into the condition of backwards. Despite a large body of legislations, the laws have
benefited few and still there are a large number of people who suffers from discrimination,
social exclusion and oppression; the people are still besieged with the mind sets of superiority
and inferiority of caste.
Growing agitations by backwards and dalits for their rights are increasingly met with
large-scale violence and attempt to further remove dalits from economic self-sufficiency.
From the above study, it can be inferred that while at the social level harsh practices of caste
prejudices and untouchability caused social degradation, the intellectuals, rational thinkers
and reformists supplied motivating force for eradication of the evils experienced of caste
system. It is significant that the innate voice of reform coming from within the society
repeatedly at various stages of historical development kept alive the aspiration for justice.It is
paradoxical situation in India that it has made tremendous progress in nearly every field, but
the condition of its dalits and backward communities is still unchanged. It is doubtful to say
that the road on which India is running will eventually take it to a destination where one's
status or his claims over resources or his very human personality will not be determined by
his race and caste.

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 BIBILOGRAPHY

BOOKS:
1. P. Ishwara Bhat, Law & Social Transformation, EBC, 2nd Edition

ONLINE REFERENCES
2. www.scconline.com
3. All India Reporters(caselaws)
4. www.jstor.com

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