Chapter 6: Confronting Marginalisation: Explore the accounts of various marginalized groups and their encounters with inequality and prejudice. Despite their lack of power, these groups have vigorously resisted exclusion and domination through acts of protest and resistance spanning generations.

Throughout history, they have employed diverse strategies such as seeking solace in religion, engaging in armed struggle, pursuing self-improvement through education, and striving for economic advancement. There is no singular approach to addressing these challenges, as the choice of struggle is contingent upon the specific circumstances faced by marginalized communities.

Chapter 6 of CBSE Class 8 Civics delves into these narratives, offering insights into the myriad ways in which groups and individuals confront existing inequalities. For comprehensive exam preparation, students are encouraged to review CBSE Notes Class 8 Civics Chapter 6, which provides a consolidated overview of the chapter’s key concepts and themes.

Chapter 6: Confronting Marginalisation| Class 8 Civics Notes

Confronting Marginalization

Explore why marginalized communities turn to the Constitution of India as a tool in their struggle for equality. Here, we delve into how fundamental rights are translated into laws to safeguard these groups from ongoing exploitation, as well as examine governmental initiatives aimed at fostering the development and inclusion of these marginalized communities.

Invoking Fundamental Rights

The Constitution delineates the foundational principles that underpin our democratic society and governance, articulated through the enumeration of fundamental rights, a cornerstone of our constitutional framework. These rights are universally applicable to all Indian citizens.

Marginalized groups have leveraged these rights in two distinct ways:

• By asserting their fundamental rights, they have compelled the government to acknowledge the injustices perpetrated against them
• By demanding the enforcement of these laws. The struggles waged by marginalized communities have exerted pressure on the government to enact new legislation in harmony with the spirit of fundamental rights.

For instance, Article 17 of the Constitution, which abolishes untouchability, ensures that Dalits are entitled to education, access to temples, and utilization of public facilities without discrimination.

Untouchability is unequivocally condemned as a punishable offense under this provision. Similarly, other articles within the Constitution prohibit discriminatory practices. Article 15, for instance, prohibits discrimination based on religion, race, caste, sex, or place of birth, safeguarding the rights of all Indian citizens.

Dalits have the prerogative to invoke fundamental rights in instances where they perceive mistreatment by individuals, communities, or governmental bodies, thereby compelling the state to address injustices.

Additionally, minority groups have invoked constitutional provisions pertaining to freedom of religion and cultural and educational rights. In the case of cultural and educational rights, distinct cultural and religious groups have been given the authority to safeguard and preserve their cultural heritage, ensuring that decisions regarding its preservation are made autonomously.

Consequently, by granting various cultural rights, the Constitution endeavors to uphold cultural justice, ensuring the protection and preservation of the cultural heritage of all groups, and affording them equal significance.

Laws for the Marginalised

In our nation, there exist specific laws and policies tailored to address the needs of marginalized communities.

Promoting Social Justice

In line with the constitutional directives, both state and central governments have instituted measures such as free or subsidized hostels catering to students from Dalit and Adivasi backgrounds, ensuring their access to educational opportunities that might be lacking in their localities. Additionally, governmental action is aimed at rectifying systemic inequalities through legislative interventions.

A prominent example of such intervention is the reservation policy, which holds significant importance while also sparking considerable debate.

Laws mandating reserved seats in educational institutions and government employment for Dalits and Adivasis rest on a fundamental premise: in a society where certain segments have historically been deprived of educational and occupational opportunities, it becomes imperative for a democratic government to intervene and provide support to these sections.

How does the reservation policy function? Individual Indian states maintain their lists of Scheduled Castes (Dalits), Scheduled Tribes, as well as backward and most backward castes. Applicants seeking admission to educational institutions or employment in government positions are required to furnish caste or tribe certificates as evidence.

If a particular Dalit caste or tribe is included in the government’s roster, candidates from these groups become eligible for reservation benefits.

In the context of college admissions, particularly in professional education institutes, governments establish specific ‘cut-off’ marks. Only Dalit and tribal candidates who surpass this threshold are considered for admission. Moreover, these students are entitled to special scholarships provided by the government.

Protecting the Rights of Dalits and Adivasis

In addition to policy measures, our nation has enacted specific legislation aimed at preventing discrimination and exploitation against marginalized communities. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, was enacted in response to the persistent demands from Dalit and tribal groups regarding the mistreatment and indignities they endure.

The intensity of such mistreatment escalated into violence during the late 1970s and 1980s, particularly in certain regions of southern India. During this period, several Dalit groups vehemently opposed the imposition of their traditional caste duties and demanded equal treatment.

In response, dominant castes unleashed violent reprisals against them. Advocating for new laws that would explicitly enumerate various forms of violence against Dalits and prescribe severe penalties for perpetrators became a focal point for Dalit advocacy groups.

The Act categorizes offenses into several types.

Firstly, it addresses acts of humiliation, both physically degrading and morally reprehensible, seeking to penalize those who

(i) compel a member of a Scheduled Caste or a Tribe to consume inedible or repugnant substances, or

(ii) forcibly strip or publicly shame a member of a Scheduled Caste or Tribe by parading them naked or with painted faces or bodies, or any similar act that degrades human dignity.

Secondly, it addresses actions aimed at depriving Dalits and Adivasis of their limited resources or coercing them into forced labor.

Accordingly, the Act aims to punish individuals who

(iii) unlawfully occupy or cultivate land owned by or allotted to a member of a Scheduled Caste or Tribe, or facilitate the transfer of such allotted land to themselves.

(iv) assaults or uses force against a woman belonging to a Scheduled Caste or Tribe with the intent to dishonor her.

Adivasi Demands and the 1989 Act

The significance of the 1989 Act extends to its role in safeguarding the land rights of Adivasis, which are inherently intertwined with their cultural identity and sustenance. Adivasis have frequently resisted relocation and have been forcibly uprooted from their ancestral lands.

Advocates assert that individuals or entities encroaching upon Adivasi territories should face legal repercussions under this legislation. They highlight that the Act essentially reaffirms the constitutional commitment to protect tribal land from being transferred to non-tribal entities.

In instances where such transfers have occurred, the Constitution guarantees Adivasis the right to reclaim their land. Moreover, for cases where Adivasis have been displaced and are unable to return to their original lands, adequate compensation is warranted. That is, the government must draw up plans and policies for them to live and work elsewhere.

Chapter 6: Confronting Marginalisation- FAQs

Why do marginalized communities resort to the Constitution of India in their fight for equality?

Marginalized groups turn to the Constitution as a tool for equality because it enshrines fundamental rights applicable to all Indian citizens. By invoking these rights, marginalized communities compel the government to recognize injustices and enforce laws that protect their interests. Moreover, these struggles influence the formulation of new legislation in alignment with the spirit of fundamental rights.

How do marginalized groups assert their fundamental rights?

Marginalized communities assert their fundamental rights by demanding recognition of injustices and urging the enforcement of laws designed to protect them. For instance, Article 17 of the Constitution abolishes untouchability, ensuring access to education and public facilities without discrimination. Additionally, minority groups invoke freedom of religion and cultural rights to preserve their heritage autonomously.

What legislative interventions address the needs of marginalized communities in India?

Legislative measures aimed at promoting social justice include the reservation policy, which reserves seats in educational institutions and government employment for Dalits and Adivasis. Additionally, laws such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, safeguard marginalized communities from discrimination and exploitation.

How does the reservation policy function in India?

The reservation policy allocates reserved seats in educational institutions and government positions for Dalits and Adivasis based on caste or tribe certificates. Candidates meeting specified criteria qualify for reservation benefits, including admission to colleges and access to special scholarships.

How does the 1989 Act protect the land rights of Adivasis?

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, safeguards Adivasi land rights by penalizing individuals or entities encroaching upon their territories. If Adivasi lands are unlawfully transferred, the Constitution guarantees their right to reclaim them or receive adequate compensation for displacement, requiring the government to devise resettlement plans.