Social Inequality and Fundamental Rights

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Questions and Answers

What must the government do in cases where tribals have been evicted from their lands?

  • Ignore their situation
  • Provide them with farming tools
  • Compensate them and create rehabilitation plans (correct)
  • Help them return to their lands immediately

The existence of a law guarantees that everyone will follow it in practice.

False (B)

Name one law that provides rights to Dalits for dignity and equality.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Governments often take land from tribals for industrial projects, but must compensate them for _________.

<p>rehabilitation</p> Signup and view all the answers

Match the following groups with their respective rights or provisions:

<p>Dalits = Fundamental Rights for dignity and equality Adivasi activists = Advocating for the rights of forest dwellers Tribals = Rights to rehabilitate after eviction Government = Policy-making for displaced individuals</p> Signup and view all the answers

What does Article 17 of the Constitution state regarding untouchability?

<p>Untouchability has been abolished. (B)</p> Signup and view all the answers

Fundamental Rights are exclusively available to the privileged classes in India.

<p>False (B)</p> Signup and view all the answers

Name two ways marginalized groups have drawn on their Fundamental Rights.

<p>By insisting on their rights and influencing the government to enforce these laws.</p> Signup and view all the answers

Article 15 of the Constitution prohibits discrimination based on __________.

<p>religion, race, caste, sex or place of birth</p> Signup and view all the answers

Match the articles of the Constitution with their main focus:

<p>Article 17 = Abolition of untouchability Article 15 = Prohibition of discrimination Fundamental Rights = Equality for all Indians Article 46 = Promotion of educational and economic interests of Scheduled Castes</p> Signup and view all the answers

Which of the following is a consequence of invoking Fundamental Rights by Dalits?

<p>It brings attention to injustice faced by Dalits. (A)</p> Signup and view all the answers

The practices of untouchability are now tolerated by the government.

<p>False (B)</p> Signup and view all the answers

What is the daily wage for those working in urban municipalities?

<p>200 (B)</p> Signup and view all the answers

The practice of untouchability has been completely eradicated in India.

<p>False (B)</p> Signup and view all the answers

Name one group of manual scavengers mentioned in the content.

<p>Bhangis, Pakhis, or Sikkaliars</p> Signup and view all the answers

The Prohibition of Employment as Manual Scavengers and __________ Act came into force on 6 December 2013.

<p>Rehabilitation</p> Signup and view all the answers

Match the following groups with their locations:

<p>Bhangis = Gujarat Pakhis = Andhra Pradesh Sikkaliars = Tamil Nadu Safai Karamchari Andolan = National organization</p> Signup and view all the answers

What did the Safai Karamchari Andolan assert in their PIL filed in 2003?

<p>Manual scavenging still existed. (D)</p> Signup and view all the answers

The 1993 law completely eliminated the need for manual scavengers in India.

<p>False (B)</p> Signup and view all the answers

What did the petitioners ask the Supreme Court to enforce?

<p>Fundamental Rights</p> Signup and view all the answers

The Safai Karamchari Andolan filed a PIL in the Supreme Court to address ongoing __________ issues.

<p>manual scavenging</p> Signup and view all the answers

When was the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act passed?

<p>1993 (B)</p> Signup and view all the answers

What does the 1989 Act aim to prevent regarding land ownership?

<p>Wrongfully occupying or cultivating land owned by Scheduled Castes or Tribes (C)</p> Signup and view all the answers

The practice of manual scavenging is primarily performed by men.

<p>False (B)</p> Signup and view all the answers

List two provisions in the 1989 Act.

<p>Punishing wrongful land occupation and penalizing assaults on Dalit and tribal women.</p> Signup and view all the answers

Manual scavenging exposes workers to ______ hazards.

<p>health</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>Manual Scavenging = Practice of removing human waste Scheduled Caste = Socially disadvantaged groups in India Untouchability = A social practice relating to caste Adivasis = Indigenous tribal populations in India</p> Signup and view all the answers

What is the role of organizations like Safai Karamchari Andolan?

<p>To support manual scavengers and raise awareness (C)</p> Signup and view all the answers

The act defines morally reprehensible actions as those that are socially acceptable.

<p>False (B)</p> Signup and view all the answers

What does the term 'morally reprehensible' mean?

<p>Actions that are considered unacceptable or immoral in society.</p> Signup and view all the answers

What did Dalit groups demand to address the violence against them?

<p>New laws listing various types of violence and punishments (D)</p> Signup and view all the answers

Dalit women and young girls are primarily employed in the job of ______.

<p>manual scavenging</p> Signup and view all the answers

Adivasi people faced no violence while organizing for their rights and resources.

<p>False (B)</p> Signup and view all the answers

What type of work conditions do manual scavengers typically experience?

<p>Subhuman and hazardous (A)</p> Signup and view all the answers

What kind of crimes does the Act discussed in the content identify?

<p>Crimes that are both physically horrific and morally reprehensible.</p> Signup and view all the answers

Kabir's poem challenges the idea of untouchability by asking the priest where it came from, urging him to look in his ______ for knowledge.

<p>heart</p> Signup and view all the answers

Match the groups with their respective demands or actions:

<p>Dalit groups = Demanded new laws against violence Adivasi people = Sought equal rights and return of their land Kabir = Questioned the origins of untouchability The Act = Lists modes of humiliation and punishments</p> Signup and view all the answers

Which of the following describes a method of humiliation listed in the Act?

<p>Forcing a member of a Scheduled Caste to eat inedible substances (C)</p> Signup and view all the answers

Laws such as the one mentioned aim only to punish offenders, without influencing societal attitudes.

<p>False (B)</p> Signup and view all the answers

In what way do the laws aim to influence societal thinking?

<p>By making people aware of the dreadful deeds human beings are capable of.</p> Signup and view all the answers

The content mentions a law that seeks to punish acts derogatory to human ______.

<p>dignity</p> Signup and view all the answers

Match the terms with their definitions:

<p>Untouchability = Social practice of discrimination Scheduled Caste = Legally recognized marginalized group Moral reprehensibility = Lack of ethics in behavior Violence = Physical force used to harm</p> Signup and view all the answers

Flashcards

Fundamental Rights in India

Fundamental rights are enshrined in the Indian Constitution and apply equally to all citizens, including marginalized groups.

Marginalized Groups and Fundamental Rights

Marginalized groups have used fundamental rights to challenge discrimination and demand justice from the government.

Article 17: Abolition of Untouchability

Article 17 of the Indian Constitution abolished untouchability, making it illegal to discriminate against Dalits in areas like education, temple entry, and public facilities.

Article 15: Prohibition of Discrimination

Article 15 prevents discrimination on the basis of religion, race, caste, sex, or place of birth, protecting citizens from unequal treatment.

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Dalits and Article 15

Dalits have utilized Article 15 to fight for their rights and gain equality when they have been denied it.

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Minority Groups and Fundamental Rights

Minority groups have leveraged the Fundamental Rights section of the Indian Constitution to address their concerns and seek legal protection.

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Government's Responsibility towards Fundamental Rights

The government is obligated to uphold the Constitution and ensure justice for all citizens, responding to demands based on their fundamental rights.

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Fundamental Rights against Discrimination

The legal right to demand equal treatment and respect, preventing discrimination based on caste. It ensures that all individuals, regardless of their social standing, have the same opportunities and access to resources.

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

The 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act aims to prevent and punish crimes against Dalits and Adivasis, providing legal protection against discrimination and violence.

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Right to Compensation for Displacement

The right to be compensated when displaced from one's land for development projects, ensuring that those affected receive fair treatment and resources to rebuild their lives.

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Forest Rights Act, 2006

The Forest Rights Act, 2006, recognizes the rights of forest-dwelling communities to land and forest resources, including the right to manage and conserve these lands.

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Beyond Legal Rights to Real Equality

The concept that legal rights are not enough to ensure true equality and justice, highlighting the need for continuous activism and advocacy to translate legal provisions into real-world practices.

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What is manual scavenging?

The practice of removing human and animal waste from dry latrines using brooms, tin plates and baskets and carrying it on the head to disposal grounds.

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Who are manual scavengers?

People who are employed to do manual scavenging, mainly Dalit women and young girls.

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Manual Scavenging

The practice of manually cleaning human excrement from dry latrines, often with limited safety measures.

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What is the Safai Karamchari Andolan?

An organization dedicated to working with and supporting manual scavengers. They are based in Andhra Pradesh, India.

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Right to Equality

The right to equality ensures equal treatment for all citizens, regardless of their caste or profession. Manual scavenging perpetuates the caste system, which violates this right.

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What is 'wrongfully occupying or cultivating' land in the context of the Act?

The act of wrongfully taking or using land that belongs to or has been allotted to a member of a Scheduled Caste or Scheduled Tribe. This includes transferring the land to another person.

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Right to Life

The right to life guarantees the protection and safety of all individuals. Unsafe manual scavenging risks life and health, violating this right.

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What actions are considered 'dispossessing Dalits and Adivasis'?

Any action that dispossesses Dalits and Adivasis of their resources or forces them into slave labor.

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What is 'untouchability' as defined by Kabir?

A state of being free from narrow-minded ideas and limitations. It's a state of higher knowledge and understanding.

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Safai Karamchari Andolan

An organization aiming to liberate and rehabilitate manual scavengers, advocating for their rights and working to end the harmful practice.

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What is the specific nature of crimes against Dalit and tribal women?

Crimes against Dalit and tribal women are seen as having a unique nature, requiring specific legal attention.

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Public Interest Litigation (PIL)

A public interest litigation (PIL) is a legal action filed in the court to protect public interests. The Safai Karamchari Andolan filed a PIL to address manual scavenging in 2003.

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What is 'morally reprehensible'?

A state of being morally wrong or objectionable. Something that is considered to be fundamentally wrong.

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Complaints in the 2003 PIL

The 2003 PIL filed by the Safai Karamchari Andolan aimed to highlight the continued practice of manual scavenging despite the 1993 law prohibiting it.

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Supreme Court Intervention in 2005

The Supreme Court directed all government departments to verify the existence of manual scavenging and take action to end it.

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What is the purpose of the 1989 Act?

The 1989 Act seeks to punish individuals who commit crimes against Scheduled Castes and Scheduled Tribes.

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What are the health risks associated with manual scavenging?

The practice of manual scavenging exposes individuals to severe health risks, including eye, skin, respiratory, and gastrointestinal infections.

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2013 Act against Manual Scavenging

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, passed in 2013, aimed to completely abolish manual scavenging and offer rehabilitation to those involved.

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Violation of Fundamental Rights

The practice of manual scavenging violates fundamental rights such as the Right to Equality and the Right to Life.

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Government Action against Manual Scavenging

The government, through the Safai Karamchari Andolan and the 2013 Act, has been taking steps to eradicate manual scavenging and ensure its victims are rehabilitated.

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Dalits

A group of people facing systematic discrimination and social exclusion based on their perceived 'impurity' or hereditary occupation, often subjected to violence and denied basic rights.

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Untouchability

A systematic social practice that designates certain groups as 'impure' and places them outside the bounds of 'normal' society, often leading to segregation, violence, and denial of basic rights.

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Adivasi people

Groups of people who are Indigenous to India, often facing land dispossession, cultural marginalization, and violence, demanding their rights and resources be restored.

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The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

In the context of India, these acts refer to a set of laws designed to protect the rights and dignity of Scheduled Castes (Dalits) and Scheduled Tribes (Adivasi people) and punish perpetrators of violence and discrimination against them.

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Modes of Humiliation

The use of humiliation and degrading acts as a form of violence and social control. It can include forced consumption of inedible substances, public nudity, or other acts that violate human dignity.

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Demanding New Laws

A form of protest and social activism where marginalized groups demand legal recognition and protection from violence and discrimination by advocating for new laws that address their specific needs.

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A very long list of crimes

This refers to the inclusion of a detailed and extensive list of criminal acts in the law, encompassing even the most horrific and unimaginable forms of violence, aiming to deter such acts and create awareness about the extent of human cruelty.

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Punish as well as influence

The process of seeking justice for past offenses and advocating for changes in societal attitudes and behaviors to prevent future instances of violence and discrimination.

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Free from delusion

A core philosophy of social justice, where individuals and communities strive to overcome biases and prejudice, promoting equality and fairness for all.

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Study Notes

Confronting Marginalisation

  • The chapter discusses different groups and their experiences of inequality and discrimination.
  • These groups have historically fought against exclusion and domination by others.
  • Strategies for overcoming these situations include religious solace, armed struggle, self-improvement, and economic uplift, adapting to specific circumstances.
  • The chapter explores how various groups and individuals challenge existing inequalities.
  • Adivasis, Dalits, Muslims, women, and other marginalized groups assert their equal rights under a democratic constitution.

Invoking Fundamental Rights

  • The Constitution defines the principles that make society democratic.
  • Fundamental Rights are available to all citizens equally.
  • Marginalised groups use Fundamental rights in two ways:
    • Insisting on rights to force the government to acknowledge injustice.
    • Insisting on their enforcement.
  • Article 17 abolishes untouchability.
    • Prohibiting the practice.
    • Making it a punishable crime.
  • Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth.

Protecting the Rights of Dalits and Adivasis

  • Specific laws protect marginal communities from discrimination and exploitation.
  • Case studies demonstrate how Dalits use these legal protections.
  • In the case of Jakmalgur, a Dalit villager refused to perform a traditional ritual because of his faith.
  • The refusal angered powerful castes in the village.
  • The villager sought help under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

  • This Act was passed in response to demands from Dalits and other marginalized communities.
  • It addresses issues of ill-treatment and humiliation faced by marginalised communities.
  • The Act outlines and punishes the violence against, and discrimination of, marginalised communities.

Adivasi Demands and the 1989 Act

  • Adivasi activists use the 1989 Act to protect their traditional lands.
  • They argue that the Act confirms rights to land already promised in the constitution.
  • The Act also addresses issues of exploitation of tribal land, removal from traditional land, and compensation for displacement.

Exercises

  • Students are asked to list two Fundamental Rights that Dalit people can use to insist on dignity and equality.
  • They need to explain why a particular law was used to file a complaint.
  • The exercise also prompts students to explain why Adivasi activists believe they can use the 1989 Act to fight dispossession.

Glossary

  • Definitions of key terms and phrases used in the chapter, including assertive, confront, dispossessed, ostracise, morally reprehensible, policy.

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