What should be done to bring the marginal section of society to the mainstream by the government law on the practical scenario?
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This Blog is written by Rahul Chatwal from Christ University, Pune. Edited by Pranoy Singhla.
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INTRODUCTION
Article-14 of the Indian Constitution is from the very beginning is considered to be one of the most important Articles as it talks about the most important word that is equality that all people are equal in the eye of law and there should be no discrimination based on gender, caste, and community and all people should be treated equally. And henceforth several steps are taken by the government of India to bring the marginal section of the society to the mainstream so they didn’t feel that they are different from others. As we all have noticed that in the recent time of 2020 when the pandemic hit the world and especially affected many parts of India some many people and groups have to suffer a lot. Several efforts are carried out by the recent government and the organization to bring the marginal section of the society to the mainstream so that they can be treated equally. It is very sad to know that after seventy years of independence our government after so many attempts is not able to remove the gap between the marginalized section of the society and the other people. From the period of independence, the story of the marginalization of the poor remains the same after so many attempts the scenario remains the same.
It is very painful to note that after seventy years and the estimated population is 1.3 billion and more than 60% of the population has to suffer a lot after several attempts are being made to bring equality among the people. It is equally painful to see that rank of our country that has reduced by two ranks in the human development index in the recent year. And the condition of the marginalized people got worse after the effect of this pandemic. In several interviews that are several policies that are discussed by the government that they can adopt to bring marginalized people into the mainstream of the society and to promote equality henceforth. Universal health coverage in one of the recent interviews says that several methods are adopted by the health ministry to keep the check on the health index of the marginalized people. Several steps are taken by the health department during these pandemic times and help many such people who are not able to afford the money. Not only monetarily helping them but also providing them with medicine so that their health can improve as the health of the people is considered to be one of the most important factors.
SIGNIFICANCE OF THIS DEVELOPMENT
According to Article 21 of the Indian Constitution, every person has the right to life, and the right to health is also included in this Article only. Delivering quality health service that also at an affordable price is the main aim of the health department to achieve the goal of bringing the marginalized people to the mainstream so that they can get rid of several problems. During these pandemic times, there are several government bodies and several organizations that came forward in providing essential amenities and services to people who can’t afford them like there are several benefits that are given to the people like portable drinking water, sanitation, and several other things related to nutrients are given if the government want to achieve the goal of development. Senior citizens who constitute 8% of the total population also comes under the marginalized section of the society. Some several disabilities and problems are faced by the poor people and to bring them to the mainstream is the main task that the government as to look upon. There are several government policies related to health, nutrients, and diseases that should be taken to bring the old people to the mainstream. Several steps are taken for the help of the women and children to the brink the marginalization. Several steps like good nutrition, good education for children, several other gender programs are carried out to bring them into the mainstream. There should be several programs with adequate budgeting that should be adopted to bring them to the mainstream. There are several marginalized groups of people who often get neglected by the society that is LGBTQ and the old people that constitute over 8% of the world population and the tribal groups are often neglected by our society and the government should take necessary steps to bring the equality. The people who earn daily wages are always important and needed special attention to bring the people to the mainstream. There are several things that the government should do to bring the marginalized people to the mainstream the government should do various things to bring the people to the mainstream-
• Health, housing, and nutrition for the poor.
• Implementation of the pension schemes and incentives-based health care services.
• Strict punishment for the female foeticide.
• Strengthening of the labor laws.
• New laws for the transgender community.
• Introduction of the specialized health services for the tribal community.
STATUTORY PROVISIONS
Several articles are mentioned in the Indian Constitution that are related to the marginalization of society. The word marginalized means the community that is belonging to the ill section of the society. We cannot fix the marginalized category of the people not just by the caste or the religion but several other things are needed to be kept in mind like nutrition, sanitation, and many other things that are needed to be kept in mind. The root cause of this problem is only inequality and the discrimination that leads to the problem of marginalization and by this interpretation destitution also falls under the category of the marginalized section of the society. Several steps are taken by the state and the central government to get rid of this issue. The evaluation of the law is caused by the several problems that are faced by society as a whole. Equality and justice are the ground norms behind the establishment of every law. The several articles that are based on the topic of marginalization are-
• Article-16 of the Indian Constitution states that there should be equality in public employment. The Article ensures that there should be reservations for the specified classes of the people like SC/ST/OBC. Article-15 also ensures that there should be discrimination for the specified classes in the educational fields for SC/ST/OBC. The policy of the reservation is based upon the rules and regulation that are made by the government and hence it become necessary. The amendment of 1995 in the constitution of India empowers the state to make the reservation for the people who are marginalized to give them equal status. For example, few states have adopted the policy to fix the reservation for women in all the areas so that they should also get equal status for the women.
• Article-17 of the Indian Constitution states that false practices such as untouchability and practicing it in any should be abolished. And several laws are made which make untouchability a serious offense and make the act of untouchability a serious crime. Untouchability is a serious crime that should be adopted that’s why article 17 is considered to be one of the most important Articles. Every person in this world has the right to express their feelings and the importance of their religions should be understood. untouchability and practicing it in any manner should be abolished.
• Article-21A was inserted through the 2002 amendment in the constitution of India which is the biggest step towards the upliftment of the marginalized section of the society. The article ensures that there should be free and compulsory education for children from 6-14 years. Several other parts are added as the directive principle of the state policy that is the equal pay to the workers, protection of the childhood and living wages are inserted in the Constitution of India for the protection and the upliftment of the marginalized people of the society. Certain acts are beyond the scope of fundamental rights. Taking a small example of the very controversial rule of the state of Himachal Pradesh that is based upon the fact that no one is allowed to buy the land if he is not belonging to the state of Himachal Pradesh. This rule is against the rule that is stated under Article-14 that everyone is equal in the eye of law. Hence there forth several laws are protected under the scheduled 9 of the constitution of India. The main purpose of this is to uplift the marginalized section of society. The unfortunate part is that the marginalized section of the society is used as a tool to achieve political agendas.
• Many such acts are passed by the imperial legislative council between 1861 and 1947 as per the changes in the society. Several schemes are inaugurated by the government from time to time for the benefit of Dalits, the poor, and minorities. For example, several acts are adopted by the government for the benefit of the people who are marginalized like the national commission for backward classes act, MGNREG, food security act, central skill board act, policy on the upliftment of tribe and development of the human index, Baba Ambedkar Scheme, minimum wages act, labor laws, and several other schemes are adopted to increase the female ratio that is the scheme of Beti Bachao Beti Padhao. But the only unfortunate part is that whatever is done for the help of the marginalized people or any help that is done is only seen as the political aspect but they are never appreciated. If anyone is helping someone they are seen as they are doing so for any benefit or they have some purpose behind it.
These are the laws that are adopted by the government and are given special importance in the Indian Constitution regarding the marginalized section of the society and there are several ways in which the government can help the marginalized people and can bring them to the main section of the society.
CASE LAWS
Several landmarks judgments are related to the issue that the marginalized people in our society should be uplifted and should be given equal rights and should be uplifted to the mainstream the cases are as follows-
• Hussainara Khatoon V. Home Secretary, Bihar– this is the landmark judgment case that is related to Article-39A of the directive principle of the state policy. Article-39A says that the state should ensure that the legal system should promote justice and the legal aid should be provided by the state that also free of cost to that person who is economically weak or disabled so that the justice should be given equal and there should be no discrimination of any kind. In the case of Hussainara Khatoon V. Home Secretary, Bihar is a landmark judgment on the most serious issue that is based upon the speedy trial of the cases that are related to the fundamental rights of every accused person. The constitutional obligation upon the state to undertake the protection of rights under Article-21 is inclusive of the duty to ensure there is a speedy trial of cases. It also ensures the right to access free legal service to the poor as an essential part of Article-21 of the Indian Constitution.
• H. Hoskot V. The State of Maharashtra– this is the landmark judgment case that is related to Article-21 and the Legal Aid. Legal aid means the free representation of somebody who is economically weak and to present their case in the court of law on the expenses of the State. The main aim of doing this is to provide equal status to the people who are economically weak and to provide them with equal protection by the law as per the Article-14 that says that all people are equal in the eye of law and there should be no discrimination on the bases of caste, gender, and religion. In the case of M.H. Hoskot V. The State of Maharashtra, the case is considered to be one of the important landmark judgments as it is related to Article-21 and the legal aid is used as precedent in many of the cases. It states the right to provide the prisoners with free legal aid and it was the first attempt where the request has been made by the prisoner regarding the free legal aid services. This attempt of free legal service is made under the personal liberty that is mentioned in Article-21 of the Indian Constitution. And the court came out with the important judgment of all time that the economically weak people should be provided with free legal service. This case broadened the scope of Article-21, Article-19 along with Article-14 of the Indian Constitution.
CONCLUSION
Several efforts are carried out by the recent government and the organization to bring the marginal section of the society to the mainstream so that they can be treated equally. It is very sad to know that after seventy years of independence our government after so many attempts is not able to remove the gap between the marginalized section of the society and the other people. Yes, several things are mentioned above should be adopted by the government of India to bring the marginalized section of the society to the mainstream.