|Demand of the question |
Body.Need of social revolution for weaker sections. Constitutional provisions.
The UN Human Rights Commission in October 2009 declared casteism as a form of human rights abuse and has begun the process of criminalising casteism. Caste plays an important role in every facet of life. Everyday humiliations faced bysocial weaker sections, demand asocial revolution. It can be done by bringing them into the wider Indian democratic experience. Our constitution has many provisions regarding weaker sections, but there are many challenges.
Why social revolution is needed?
- The linguistic accessibility of the Constitution and its reach to the oppressed is extremely limited. Few peasants would consider the Constitution as a written word that would guarantee them protection from the landlord’s real and financial whipcord. Similarly, beggars who are living on the mercy of donors’ charity would think that this document guarantees them equality and access to freedom. Thus, it creates gaps while considering constitutional morality as a common virtue.
- One has to pierce through the agenda of casteism by injecting a radical antidote to set a tone of mutuality and respectability. Unless this is settled, no further conversation can be foreseen that will yield real results.
- Day to day mob lynching, atrocities against Dalits, especially women, demand a deeper look into society and prejudices.
- The landmark case of Surya Narayan Chaudhury v. State of Rajasthan prohibited temples from discriminating against Dalits’ right to worship and enter the sacrosanct spaces as a rule of law. But ‘mere enactment of such a law or guaranteeing a right in the Constitution of India is not enough and the change needed is really in our hearts and not elsewhere.Inadequacies of legal provisions in the absence of society’s willingness to acknowledge its prejudices is an issue.
Constitutional provisions for protection of weaker section: Constitutional makers provided the different safeguard in the Constitution of India to these depressed classes.
- Article 14 gives that States might not deny any individual uniformity under the steady gaze of law or the equivalent insurance of laws inside the region of India.
- Article 15 operationalises the idea of equity in a way which particularly touches upon the states of the Scheduled Castes, Scheduled Tribes and other in backward classes.
- Article 38 State to secure a social request for the advancement of welfare of the general population: The State might endeavor to advance the welfare of the general population by securing and ensuring as viably as it might a social request in which equity, social, monetary and political, should educate every one of the foundations of the national life. The State might, specifically, endeavor to limit the disparities in pay, and attempt to take out imbalances in status, offices and openings, among people as well as among gatherings of individuals dwelling in various territories or occupied with various occupations.
- Article 39 Certain standards of strategy to be taken after Article by the State : The State might, specifically, coordinate its approach towards securing:
- that the national, men and ladies similarly, have the privilege to a satisfactory methods for job;
- that the proprietorship and control of the material asset of the group are so appropriated as best to sub-servethe benefit of all;
- that the activity of the financial framework does not bring about the grouping of riches and methods forcreation to the regular inconvenience;
- that there is equivalent pay for break even with work for the two men and ladies;
- that the wellbeing and quality of laborers, men and ladies, and the young periodof youngsters are notmishandled and that residents are not constrained by monetary need to enter side interests unsuited to theirage or quality;
- that youngsters are given open doors and offices to create in a solid way and in states of the opportunityand pride and that adolescence and youth are secured against abuse and against good and material deserting.
- Article 46 under the Directive Principles of State Policy gives that “The State should advance with exceptional care, the instructive and financial enthusiasm of weaker areas of the general population and specific of Scheduled Castes and Scheduled Tribes and might ensure them social bad form and all types of misuse”.
- Article 366characterizes Scheduled Castes and Article 34 distinguishes the procedure through which such gatherings will be recognized.
- According to Article 17, untouchability is annulled and its training in any shape is illegal. The authorisation of any inability emerging out of “untouchability has been made an offence culpable as per the law.” Two critical enactments have been established to offer impact to substance of this Article. The Protection of Civil Rights Act, 1955 has been ordered with the target of giving discipline to lecturing and routine with regards to untouchability, in the implementation of any incapacity emerging there from and for issues associated therewith.
- Article 24 gives that no kid beneath the age of 14 years should be utilised to work in any manufacturing plant or mine or occupied with any dangerous business. There are focal and State Laws to avert kid work hones and giving alleviation to those drew in as kid work. The Central law is The Child Labor (Prohibition and Regulation) Act, 1986.