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Laws For Marginalized – Overview and Examples

Last Updated : 15 Jan, 2024
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The different marginal groups like Adivasis, Dalits, Muslims, and women argue by being citizens of a democratic country, they possess equal rights that ought to be respected. Many among them look as much at the Constitution to deal with their issues. Rights are translated into laws(legal guidelines) to protect these groups from continued exploitation. Policies are formulated to implement access to these groups for development.

Invoking Fundamental Rights

The Act set up the standards that assist our democracy and polity, as described in and by using the list of Fundamental Rights this is a critical part of the Constitution—rights which can be available to all Indians similarly. These rights had been utilized by the marginalized in two ways: 

  • By insisting on their Fundamental Rights, they compelled the government to apprehend the injustice performed on them. 
  • They additionally demanded that the government strictly enforce those laws.
  • Untouchability has been abolished underneath Article 17 of the Constitution, which ensures that no one will restrict Dalits from educating themselves, attending temples, having access to public services, and so forth. It is unethical to hold untouchability, and a democratic government might no longer permit it. Untouchability is likewise a punishable offense.
  • Other sections of the Constitution help the case in opposition to untouchability, together with Article 15 of the Constitution, which states that “no resident of India shall be discriminated towards on the idea of religion, color, caste, sex, or place of birth,” that is used by Dalits to demand equality wherein it has been denied to them.
  • Dalits may ‘invoke’ or ‘draw on’ a Fundamental Right (or Rights) when they believe they have been handled unfairly by someone, a society, or even the central or state authorities.
  • Draw the eye of the Indian government to the Constitution and call for whether or not it’s carried out and that justice is served to them.
  • Other minority organizations have mentioned the Fundamental Rights segment of our Constitution, claiming the proper religious freedom in addition to cultural and academic rights.
  • In the case of cultural and educational rights, wonderful cultural and spiritual agencies like the Muslims and Parsis have the right to be the guardians of the content of their tradition, in addition to the right to make selections on how great this content is to be preserved.
  • As a result, by granting numerous components of cultural freedom, the Constitution seeks to assure cultural justice for such communities. This is finished by utilizing the Constitution to ensure that the identity of these groups is not overshadowed or washed out by the way of life of the dominant populace.

Laws for the Marginalised

The government makes legal policies to protect its citizens. There are unique laws and rules for the marginalized in our country. Some policies or schemes emerge through other ways like setting up a committee or means of assigning a survey and so on. The government then attempts to implement such rules as a good way to provide possibilities to precise groups.

Promoting Social Justice

  • In a try to attain the Constitution, central and state governments provide free or discounted hostels for college students from Dalit and Adivasi groups, allowing them to take gain educational opportunities that won’t be handy in their groups. Laws are often used by the government to make sure that powerful measures are taken to get rid of inequity inside the economy.
  • Students making use of academic faculties, in addition to the ones applying for government employment, should have proof in the form of caste and tribe certificates. If an applicant belongs to a Dalit caste or a tribe that is at the government listing, he or she is qualified for reservation.
  • A set of “cut-off” marks is provided by the government for admission to colleges, specifically institutes of quality education. Only Dalit and tribal candidates who scored above the cut-off factor are qualified for access. The government additionally provides special scholarships to those students.

Protecting the Rights of Dalits and Adivasis

  • Our country has strict policies in the vicinity to guard marginalized groups from discrimination and exploitation. The Scheduled Castes and Tribes (Prevention of Atrocities) Act was enacted in 1989 to defend Dalits and Adivasis from the dominance and abuse of dominant castes.
  • A variety of aggressive Dalit organizations regarded and claimed their rights, refusing to exercise their so-referred to as caste duties and engaging in fair remedies. Adivasi’s efficaciously organized themselves within the 1970s and 1980s, demanding equal rights and the return of their land wealth. This Act differentiates among diverse kinds of violence.
  • It lists types of humiliation that might be both physically and deeply immoral. Actions that deny Dalits and Adivasis of their constrained wealth or force them to work as slaves. Crimes against Dalit and tribal women are specific, and the law pursuits to punish all people who use force against these women.
  • Manual scavenging is an approach to amassing human and animal excrement from dry latrines with brooms, tin plates, and buckets and taking it on one’s head to dump far away.
  • The Employment of Manual Scavengers and Building of Dry Latrines (Prohibition) Act was passed by the government in 1993. This regulation prohibits the employment of manual scavengers in addition to the building of Dry latrines.

Adivasi Demands and the 1989 Act

  • The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act was enacted by the government which helps Adivasis defend their right to say the land is formerly theirs. Adivasis are frequently unwilling to relocate and had been forcefully removed from their land. Activists endorse that those who have forcibly encroached on tribal lands be punished by using this regulation. 
  • They have additionally talked that this Act confirms what the Constitution already promises tribal humans – that land belonging to tribal people cannot be leased or bought by non-tribal people.
  • In such cases, tribal human beings have the right to reclaim their belongings under the Constitution’s provisions. Meanwhile, tribals who’ve already been evicted and are unable to go back to their lands should be reimbursed. That is, the government ought to develop strategies and policies to allow them to live and work elsewhere.

The existence of a right or a regulation or even a policy on paper does not mean that it exists in fact. People have to continuously work on or make efforts to decrypt those into concepts that instruct the activities of their fellow citizens or even their leaders. The passion for equality, dignity, and respect is not unknown.

Sample Questions

Question 1: How do marginalized groups confront marginalization?


The different marginal groups like Adivasis, Dalits, Muslims, and women argue by being citizens of a democratic country, they possess equal rights that ought to be respected. Many among them look as much at the Constitution to deal with their issues.

Question 2: What are the steps taken by the government to confront marginalization?


The Government affords free accommodation facilities for students of backward castes and tribes in hostels. The Government has passed a reservation coverage that reserves seats in government educational institutions and government jobs for people belonging to the SCs and the STs.

Question 3: What do you suggest by way of confronting marginalization?


Confronting marginalization means giving equal respect, and equal participation in our country, specifically to the marginalized that is the minority, to be successful in inequality. It is important to provide them with equal recognition.

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