CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

“LAW AND THE UNDERPRIVILAGED SECTIONS: A SOCIO LEGAL

STUDY”

SUBMITTED TOWARDS THE FULFILLMENT OF THE COURSE TITLED

SOCIOLOGY

SUBMITTED BY: SUBMITTED TO:

ABHINAV SWARAJ Dr. SANGEET KUMAR

ROLLNO. - 1504 FACULTY OF SOCIOLOGY

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 CONTENTS

ACKNOWLEDGEMENT .............................................................................................................. 3

I. INTRODUCTION......................................................................................................................... 4
AIMS AND OBJECTIVE OF THE PROJECT ................................................................................... 5

HYPOTHESIS ....................................................................................................................................... 6

RESEARCH QUESTION ..................................................................................................................... 6

LIMITATION OF THE PROJECT ...................................................................................................... 6

review of existing literature .................................................................................................................. 7

Research methodology ............................................................................................................................ 8

Tools of data collection ........................................................................................................................... 8

Observation............................................................................................................................................. 8

Interview ................................................................................................................................................. 9

INTERVIEW SCHEDULE FOR GOVT OFFICIAL ......................................................................................... 10

HISTORY OF UNDERPRIVILEGED SECTIONS ................................................................................ 11

II. CLASSIFICATIONS OF UNDERPRIVILAGED SECTIONS ................................................................ 14
III. LEGAL PROVISIONS FOR DIFFERENT UNDERPRIVILAGED SECTIONS..................................... 18
IV. VARIOUS DEVELOPMENT PROGRAMS BY GOVERNMENT AND ITS IMPACT ... 24
V. FIELD WORK AND DATA ANALYSIS. ............................................................................... 29
VI. CONCLUSION AND SUGGESTIONS. .................................................................................. 31
CONCLUSION AND SUGGESTIONS. .......................................................................................... 34

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 ACKNOWLEDGEMENT

I would like to show my gratitude towards my faculties Dr. SANGEET KUMAR, Faculty of
SOCIOLOGY, under whose guidance, I structured my project.

I owe the present accomplishment of my project to MR. ARVIND KUMAR, S.D.O.,

TRIBENIGANJ (SUPAUL), MR. BIRENDRA KUMAR JHA and two anonymous persons,
who helped me immensely with materials throughout the project and without whom I
couldn’t have completed it in the present way.

I would also like to extend my gratitude to my college librarian and all those unseen hands
that helped me out at every stage of my project.

THANK YOU,

ABHINAV SWARAJ

Roll No. – 1504

SEMESTER -2ND

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 I. INTRODUCTION
Underprivileged groups1 are the groups which would be vulnerable under any circumstances
(e.g. where the adults are unable to provide an adequate livelihood for the household for
reasons of disability, illness, age or some other characteristic), and groups whose resource
endowment is inadequate to provide sufficient income from any available source. In India
there are multiple socio-economic disadvantages that members of particular groups
experience which limits their access to health and healthcare. The task of identifying the
vulnerable groups is not an easy one. Besides there are multiple and complex factors of
vulnerability with different layers and more often than once it cannot be analysed in isolation.
The present document is based on some of the prominent factors on the basis of which
individuals or members of groups are discriminated in India, i.e., structural factors, age,
disability and discrimination that act as barriers to health and healthcare. The vulnerable
groups that face discrimination include- Women, Scheduled Castes (SC), Scheduled Tribes
(ST), Children, Aged, Disabled, Poor migrants, People living with HIV/AIDS and Sexual
Minorities. Sometimes each group faces multiple barriers due to their multiple identities. For
example, in a patriarchal society, disabled women face double discrimination of being a
women and being disabled. Social inequality occurs when resources in a given society are
distributed unevenly, typically through norms of allocation, that engender specific patterns
along lines of socially defined categories of persons. It is the differentiation preference of
access of social goods in the society brought about by power, religion, kinship, prestige, race,
ethnicity, gender, age, and class. The social rights include labor market, the source of income,
health care, and freedom of speech, education, political representation, and participation.
Social inequality linked to Economic inequality, usually described on the basis of the unequal
distribution of income or wealth, is a frequently studied type of social inequality. Though the
disciplines of economics and sociology generally use different theoretical approaches to
examine and explain economic inequality, both fields are actively involved in researching
this inequality. However, social and natural resources other than purely economic resources
are also unevenly distributed in most societies and may contribute to social status. Norms of
allocation can also affect the distribution of rights and privileges, social power, access to
public goods such as education or the judicial system, adequate housing, transportation, credit
and financial services such as banking and other social goods and services. Other Backward
Class (OBC) is a collective term used by the Government of India to classify castes which are
socially and educationally disadvantaged. It is one of several official classifications of the
population of India, along with Scheduled Castes and Scheduled Tribes (SCs and STs). The
OBCs were found to comprise 52% of the country's population by the Mandal Commission
report of 1980, a figure which had shrunk to 41% by 2006 when the National Sample Survey
Organisation took place.23

1
http://www.fao.org/ag/wfe2005/glossary_en.htm accessed on April 8, 2017
2
http://timesofindia.indiatimes.com/india/OBCs-form-41-of-population-Survey/articleshow/2328117.cms
accessed on April 8, 2017
3
http://articles.timesofindia.indiatimes.com/2006-11-01/india/27792478_1_obc-count-obc-numbers-nsso
accessed on April 8, 2017

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In the Indian Constitution, OBCs are described as "socially and educationally backward
classes",4 and the Government of India is enjoined to ensure their social and educational
development — for example, the OBCs are entitled to 27% reservations in public sector
employment and higher education. The list of OBCs maintained by the Indian Ministry of
Social Justice and Empowerment is dynamic, with castes and communities being added or
removed depending on social, educational and economic factors. RTI data showed in 2015
that in spite of these 27% reservations in jobs, only less than 12% OBCs are in these jobs (in
some departments only 6.67% of OBCs were given employment under these 27%
reservations).5 As of 2015, in educational institutes also funds meant for OBC student
reservation policy are not utilised properly or are underutilised in case of upgrading
infrastructure as well as violation of faculty recruitment according to OBC 27% reservation
policy.6

Law is a system of rules that are created and enforced through social or
governmental institutions to regulate behavior. Law as a system helps regulate and ensure
that a community show respect, and equality amongst themselves. State-enforced laws can be
made by a collective legislature or by a single legislator, resulting in statutes, by the
executive through decrees and regulations, or established by judges through precedent,
normally in common law jurisdictions. Private individuals can create legally binding
contracts, including arbitration agreements that may elect to accept alternative arbitration to
the normal court process. The formation of laws themselves may be influenced by a
constitution, written or tacit, and the rights encoded therein. The law shapes politics,
economics, history and society in various ways and serves as a mediator of relations between
people.

AIMS AND OBJECTIVE OF THE PROJECT

THE RESEARCHER ’S AIM FOR MAKING THIS PROJECT IS TO: -

i. STUDY THE CURRENT SCENARIO OF UNDERPRIVILEGED SECTIONS OF BIHAR
ii. FIND OUT THE WELFARE MEASURE TAKEN FOR THE POORER SECTIONS OF SOCIETY IN
GENERAL
iii. FIND OUT THE IMPACT OF WELFARE MEASURES ON UNDERPRIVILEGED

4
Constitutin of India
5
http://timesofindia.indiatimes.com/india/20-years-after-Mandal-less-than-12-OBCs-in-central-govt-
jobs/articleshow/50328073.cms accessed on April 8, 2017
6
http://economictimes.indiatimes.com/news/politics-and-nation/funds-not-used-fully-in-educational-
institutions-for-obc-
reservation/articleshow/50300703.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=c
ppst&from=mdr accessed on April 8, 2017

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HYPOTHESIS

THE RESEARCHER HAS ASSUMED THAT:

(i) THE DEVELOPMENT OF UNDERPRIVILEGED SECTIONS HAS SLOWED DOWN IN
RECENT YEARS IN BIHAR

(ii) VERY FEW GOVERNMENTS AND ORGANIZATIONS ARE WORRIED FOR

UNDERPRIVILEGED SECTIONS AND ARE WORKING SERIOUSLY FOR THE
BETTERMENT

RESEARCH QUESTION

(i) WHAT ARE THE FACTORS WHICH ARE RESPONSIBLE FOR LACK OF
DEVELOPMENT OF UNDERPRIVILEGED SECTIONS IN BIHAR ?

(ii) WHAT ARE THE SPECIAL PROVISIONS UNDER LAW FOR UNDERPRIVILEGED
SECTIONS ?

(iii) WHAT ARE THE MEASURES TAKEN FOR IMPROVING THE CONDITIONS OF
UNDERPRIVILEGED SECTIONS?

(iv) WHAT HAS BEEN THE IMPACT OF LEGAL PROVISIONS AND WELFARE MEASURES
ON UNDERPRIVILEGED SECTIONS?

LIMITATION OF THE PROJECT

OWING TO THE LARGE NUMBER OF TOPICS THAT COULD BE INCLUDED IN THE PROJECT, THE
SCOPE OF THIS RESEARCH PAPER IS EXCEEDINGLY VAST. HOWEVER , IN THE INTEREST OF
BREVITY AND DUE TO CERTAIN RESTRICTIONS LIKE THAT OF AREA LIMITED TO SUPAUL ,
BIHAR AND LIMITATION OF TIME ETC , THE RESEARCHER WILL NOT BE ABLE TO DEAL WITH
THE TOPIC IN GREAT DETAIL. THE RESEARCHER WILL CONFINE HIS STUDY TO SUPAUL
DISTRICT IN BIHAR

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REVIEW OF EXISTING LITERATURE
FOR THE PURPOSE OF RESEARCH THE RESEARCHER VISITED CNLU LIBRARY AND
REVIEW VARIOUS SOURCES AVAILABLE .BOTH OF PRIMARY AND SECONDARY NATURE .

FOR PRIMARY SOURCES

I.) CONSTITUTION OF INDIA

II.) SCHEDULED CASTE AND SCHEDULED TRIBE (PREVENTION OF A TROCITIES) ACT,
1989 ETC.
III.) P M FOUNDATION 'S REPORT SHOWS THE COMPARATIVE STUDY OF SC STUDENTS '
EDUCATIONAL SCENARIO , WHERE EXACTLY THEY STANDS IN HIGHER
EDUCATIONAL STUDY AND UNFORTUNATELY THE DATA DEPICTS THAT ONLY
4.1% SC STUDENTS ARE HAVING EDUCATION OF HIGHER SECONDARY COMPARED
WITH THE GENERAL CATEGORY STUDENTS THAT IS 21.9% (THE NSSO DATA OF
61ST ROUND 2006). IT IS HIGHLIGHTED IN HIGHER EDUCATIONAL STUDY OF
MAHARASHTRA THAT THERE IS A NUMBER OF SC POPULATION AND THE STATE
GOVERNMENT EXPENSES ARE JUST RS.1500 PER SC STUDENT WHICH IS LOW
COMPARED TO THE OTHER STATES LIKE AP AND UP HAVING EXPENSES OF
RS.2194 AND RS.2393 RESPECTIVELY .

FOR SECONDARY SOURCES WE HAVE

THERE ARE VARIOUS LITERATURES AVAILABLE ON THIS TOPIC . AUTHORS LIKE SUMA
CHITINS, DR. SUKHDEO THORAT, MAMTA RAJAWAT ETC . FROM THESE LITERATURES,
RESEARCHER FOCUSED ON TWO I.E. 1) MAMTA RAJAWAT THE AUTHOR OF “S CHEDULED
CASTES IN INDIA ”, WHERE SHE HAS MENTIONED ABOUT THE VIEWS OF THE CLASS I
OFFICERS FROM SC CATEGORY . THESE CLASS I OFFICERS CONCLUDED THAT “F OR THE
UPLIFTMENT OF THE DEPRESSED CLASSES , RESERVATION IS NOT ONLY MEANS BUT
EDUCATIONAL FACILITIES ALONG WITH PROPER FINANCIAL HELP BY THE G OVERNMENT AND
IT SHOULD CONTINUE TILL THE PEOPLE OF THESE COMMUNITY CAN WALK, TALK AND SIT AT
PAR WITH THE UPPER CASTES H INDUS ”. (R AJAWAT: 2003:250).

(5). RESEARCH METHODOLOGY

(i) SOURCES OF DATA

PRIMARY SOURCES – FIELD WORK, STASTICAL DATA

SECONDARY SOURCES – BOOKS ON DEVELOPMENTS AND ECONOMICS , WEBSITES ,
JOURNALS , ARTICLES , MAGAZINES ETC .

(ii) METHOD OF DATA COLLECTION OF NON DOCTRINAL NATURE

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 FOR THE PURPOSE OF RESEARCH , THE RESEARCHER WILL BE USING
OBSERVATION , QUESTIONNAIRE , AND INTERVIEW AS PROPOSED METHOD OF
DATA COLLECTION .

(iii) TOOLS OF DATA COLLECTION

TOOLS OF DATA COLLECTION WILL INCLUDE OBSERVATION SCHEDULE ,

INTERVIEW SCHEDULE , NOTEPAD , PEN, PAPER , CAMERA ETC .

(iv) METHOD OF SAMPLING

RESEARCHER WILL USE PURPOSIVE AND CONVENIENT METHOD OF SAMPLING

DUE TO PAUCITY OF TIME AND VARIOUS LIMITATION OF RESEARCH .

(v) PILOT SURVEY

RESEARCHER WILL CONDUCT A PILOT SURVEY BEFORE GOING FOR FIELD WORK.

Research methodology
The researcher has used both doctrinal as well as the non- doctrinal method of data collection.
The use of both the methods helped the researcher in bringing to light the adjact picture of
development in Bihar. It helped in knowing the views of other thinkers and social reformist
and activists .

Now, the non- doctrinal work helped the researcher in verifying the facts and reasons laid
down in various reports read while doctrinal research. It also helped in making a contrast
between the actual picture and the theoretical picture. This proved to be the best way of
understanding things better. Although this method was a bit challenging but still it enchanted
the eagerness of the researcher to know more and deep into the topic.

Tools of data collection

For conducting the non – doctrinal work, the tools were the most essential things. The
researcher wanted to use conventional as well as digital tools for collecting most accurate
data which could be revaluated anytime afterwards. But due to certain limitations the
researcher could only use conventional tools of data collection. The researcher collected the
datas and information by interviewing and observation.

Observation
For observation the researcher went to the villages. The researcher was accompanied with
one of his relatives who knew people there. The researcher quietly started hearing the talks of

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the villagers. This is how the researcher tried to collect the data in the most authentic and
pristine form.

Interview

Interview was done from the govt. official and common people So it helped researcher a lot

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INTERVIEW SCHEDULE FOR GOVT OFFICIAL

Section A:

What is your Name :

Age :

Sex :

Educational qualification :

 Section B:
1. WHAT DO YOU THINK ABOUT PRESENT CONDITIONS OF
UNDERPRIVILAGED SECTIONS IN BIHAR?

2. WHAT ARE THE SPECIAL PROVISION UNDER LAW FOR

UNDERPRIVILAGED SECTIONS?

3. DIFFERENT DEVELOPMENT PROGRAME BY BIHAR GOVERNMENT

FOR UNDERPRIVILAGED SECTIONS?

4. WHAT HAS BEEN THE IMPACT OF THE LEGAL PROVISION

&WELFARE MEASURE TAKEN BY GOVERNMENT?

5. WHAT SHOULD BE THE ROLE OF NGOs AND SELF HELP GROUPs

TO IMPROVE THE CONDITIONS OF UNDERPRIVILAGED SECTIONS?

7. ANY SUGGESTION WHICH YOU WOULD SUGGEST FOR

IMPROVING THE UNDERPRIVILAGED SECTIONS IN BIHAR?

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 II. HISTORY OF UNDERPRIVILEGED SECTIONS
A sound reading of the history is crucial to understand contemporary realities of any society. The
constitution does not define the term backward classes. It is up to the center and the states to specify the
classes that belong to this group. However, it is understood that classes that are not represented
adequately in the services of the state can be termed backward classes. Further, the President can, under
Art. 340,7 can constitute a commission to investigate the condition of socially and educationally
backward classes. Based on this report, the president may specify the backward classes. Structural
norms are attached to the different relationships between the subordinate and the dominant group in
every society. A group’s status may for example, be determined on the basis of gender, ethnic origin,
skin colour, etc. The norms act as structural barriers giving rise to various forms of inequality. Access to
health and healthcare for the subordinate groups is reduced due to the structural barriers. Structural
Discrimination Faced by Groups. In India, members of gender , caste, class, and ethnic identity
experience structural discrimination that impact their health and access to healthcare. Women face
double discrimination being members of specific caste, class or ethnic group apart from experiencing
gendered vulnerabilities. Women have low status as compared to men in Indian society. They have little
control on the resources and on important decisions related to their lives. In India, early marriage and
childbearing affects women’s health adversely. About 28 per cent of girls in India, get married below
the legal age and experience pregnancy.8 These have serious repercussions on the health of women.
Maternal mortality is very high in India. The average maternal mortality ratio at the national level is 540
deaths per 100,000 live births9. It varies between states and regions, i.e., rural-urban. The rural MMR
(Maternal Mortality Rate) is 617 deaths of women age between 15-49 years per one lakh live births as
compared to 267 maternal deaths per one lakh live births among the urban population In most cases the
deaths occur from preventable causes. A large proportion of women is reported to have received no
antenatal care. In India, institutional delivery is lowest among women from the lower economic class as
against those from the higher class. A major proportion of the lower castes and Dalits are still dependent
on others for their livelihood. Dalits does not refer to a caste but suggests group who are in a state of
oppression, social disability and who are helpless and poor. They were earlier referred as ‘untouchables’
mainly due to their low occupations i.e., cobbler, scavenger, sweeper. In a caste-dominated country like
India, Dalits who comprises more than one-sixth of the Indian population (160 million approx), stand as
a community whose human rights have been severely violated. Literacy

7
Constitution of India by D.D. Basu,lexis nexus
8
Reproductive And Child Health – District level Household Survey 2002-04, August 2006
9
National Family Health Survey-2, 2000

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rates among Dalits are only about 24 per cent. They have meager purchasing power; have poor housing
conditions; lack or have low access to resources and entitlements. In rural India they are landless poor
agricultural labourers attached to rich landowners from generations or poor casual labourers doing all
kinds of available work. In the city they are the urban poor employed as wage labourers at several work
sites, beggars, vendors, small service providers, domestic help, etc., living in slums and other temporary
shelters without any kind of social security. The members of these groups face systemic violence in the
form of denial of access to land, good housing, education and employment. Structural discrimination
against these groups takes place in the form of physical, psychological, emotional and cultural abuse
which receives legitimacy from the social structure and the social system. Physical segregation of their
settlements is common in the villages forcing them to live in the most unhygienic and inhabitable
conditions. All these factors affect their health status, access to healthcare, and quality of health service
received. There are high rates of malnutrition reported among the marginalized groups resulting in
mortality, morbidity and anaemia. Access to and utilization of healthcare among the marginalized
groups is influenced by their socio-economic status within the society. Structural discrimination directly
impedes equal access to health services by way of exclusion. The negative attitude of the health
professionals towards these groups also acts as a barrier to receiving quality healthcare from the health
system. In the case of women, discrimination increases by the complex mix of two factors-being a
women and being a member of the marginalized community. A large proportion of Dalit girls drop out
of primary school in spite of reservations and academic aptitude, because of poverty, humiliation,
isolation or bullying by teachers and classmates and punishment for scoring good grades (National
Commission Report for SC/ST, 2000). The scavenger community among the Dalits is vulnerable to
stress and diseases with reduced access to healthcare. The Scheduled Tribes like the Scheduled Castes
face structural discrimination within the Indian society. Unlike the Scheduled Castes, the Scheduled
Tribes are a product of marginalization based on ethnicity. In India, the Scheduled Tribes population is
around 84.3 million and is considered to be socially and economically disadvantaged. Their percentages
in the population and numbers however vary from State to State. They are mainly landless with little
control over resources such as land, forest and water. They constitute a large proportion of agricultural
labourers, casual labourers, plantation labourers, industrial labourers etc. This has resulted in poverty
among them, low levels of education, poor health and reduced access to healthcare services. They
belong to the poorest strata of the society and have severe health problems. They are less likely to afford
and get access to healthcare services when required. The health outcomes among the Scheduled Tribes
are very poor even as compared to the Scheduled Castes. The Infant Mortality Rate among Scheduled
Castes is 83 per 1000 live births while it is 84.2 per 1000 per live births among the Scheduled Tribes.

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Need for development of the weaker sections – the SCs STs OBCs and Minorities
The SCs STs OBCs and Minorities, have been forced to remain as the Weaker Sections of India, and the
Women confined or oppressed to be the most and multiply exploited sections of the Country, for nearly
four millenniums. This bad situation, can not and should not continue anymore. Definitely not in the
Twenty-first Century of the third millennium, in an age of fast travel and mass communication. There is
a need for the Government to do something special and tangible, to free and liberate the Weaker
Sections, from the cobwebs of oppression, marginalisation and backwardness. They have to be uplifted
to the levels of normal human-beings of the World. MacDonald, trying to resolve the critical issue of
how Indians would be represented, on 4 August 1932 granting separate electorates for Muslims, Sikhs,
and Europeans in India and increased the number of provinces that offered separate electorates to
Anglo-Indians and Indian Christians. Untouchables (now known as the Dalits) obtained a separate
electorate. That outraged Gandhi because he firmly believed they had to be treated as Hindus. He and
Congress rejected the proposal, but it went into effect anyway. The Scheduled Tribes like the Scheduled
Castes face structural discrimination within the Indian society. Unlike the Scheduled Castes, the
Scheduled Tribes are a product of marginalization based on ethnicity. There are approximately two
hundred million tribal people in the entire globe, which means about four percent of the global
population. In India, the Scheduled Tribes population is around 84.3 million and is considered to be
socially and economically disadvantaged. Their percentages in the population and numbers however
vary from State to State, 50% of the India’s tribal population is concentrated in the North-eastern region
of the country, who are, geographically and culturally, are at widely different stages of social as well as
their economic development is concerned and their problems too differ from area to area within their
own groups. From the historical point of view, they have been subjected to the worst type of societal
exploitation. They are mainly landless with little control over resources such as land, forest and water.
They constitute a large proportion of agricultural laborers, casual laborers, plantation laborers, industrial
laborers etc. This has resulted in poverty among them, low levels of education, poor health and reduced
access to healthcare services. They belong to the poorest strata of the society and have severe health
problems. They are less likely to afford and get access to healthcare services when required. They are
practically deprived from many civic facilities and isolated from modern civilized way of living since so
many centuries. The health outcomes among the Scheduled Tribes are very poor even as compared to
the Scheduled Castes. The Infant Mortality Rate among Scheduled Castes is 83 per 1000 live births
while it is 84.2 per 1000 per live births among the Scheduled Tribes

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 III. CLASSIFICATIONS OF UNDERPRIVILAGED SECTIONS

1. Women – Under different economic conditions, and under the influence of specific
historical, cultural, legal and religious factors, marginalization is one of the manifestations of
gender inequality. In other words, women may be excluded from certain jobs and
occupations, incorporated into certain others, and marginalized in others. In general they are
always marginalized relative to men, in every country and culture. Women (or, men) don’t
present a homogeneous category where members have common interests, abilities, or
practices. Women belonging to lower classes, lower castes, illiterate, and the poorest region
have different levels of marginalization than their better off counterparts.

2. People with disabilities – People with disabilities have had to battle against centuries of
biased assumptions, harmful stereotypes, and irrational fears. The stigmatization of disability
resulted in the social and economic marginalization of generations with disabilities, and, like
many other oppressed minorities, this has left people with disabilities in a severe state of
impoverishment for centuries. The proportion of disabled population in India is about 21.9
million. The percentage of disabled population to the total population is about 2.13 per cent.
There are interstate and interregional differences in the disabled population. The disabled
face various types of barriers while seeking access to health and health services. Among
those who are disabled women, children and aged are more vulnerable and need attention.

3. Schedule Castes(Dalits) – The caste system is a strict hierarchical social system based on
underlying notions of purity and pollution. Brahmins are on the top of the hierarchy and
Shudras or Dalits constitute the bottom of the hierarchy. The marginalization of Dalits
influences all spheres of their life, violating basic human rights such as civil, political, social,
economic and cultural rights. A major proportion of the lower castes and Dalits are still
dependent on others for their livelihood. Dalits does not refer to a caste, but suggests a group
who are in a state of oppression, social disability and who are helpless and poor. Literacy
rates among Dalits are very low. They have meagre purchasing power and have poor housing
conditions as well as have low access to resources and entitlements. Structural discrimination
against these groups takes place in the form of physical, psychological, emotional and
cultural abuse which receives legitimacy from the social structure and the social system.
Physical segregation of their settlements is common in the villages forcing them to live in the
most unhygienic and inhabitable conditions. All these factors affect their health status, access
to healthcare and quality of life. There are high rates of malnutrition reported among the
marginalized groups resulting in mortality, morbidity and anaemia. Access to and utilization
of healthcare among the marginalized groups is influenced by their socio-economic status
within the society. Caste based marginalization is one of the most serious human rights issues
in the world today, adversely affecting more than 260 million people mostly reside in India.
Caste-based discrimination entails social and economic exclusion, segregation in housing,

14 | P a g e
denial and restrictions of access to public and private services and employment, and
enforcement of certain types of jobs on Dalits, resulting in a system of modern day slavery or
bonded labour. However, in recent years due to affirmative action and legal protection, the
intensity of caste based marginalization is reducing According to the Constitution (Scheduled
Castes) Orders (Amendment) Act, 1990, Scheduled Castes can only belong to Hindu or Sikh
or Buddhist religions.10There is no religion bar in case of Scheduled Tribes.11 The Sachar
Committee report of 2006 revealed that scheduled castes and tribes of India are not limited to
the religion of Hinduism. The 61st round Survey of the NSSO found that 90% of the
Buddhists, one-third of the Sikhs, and one-third of the Christians in India belonged to the
notified scheduled castes or tribes of the Constitution.12

Distribution of each Other

Scheduled Scheduled
religion by caste category Backward Others Total
Caste Tribe
2004/05 Classes

Hinduism 22.2 9.1 42.8 26.0 100

Muslim 0.8 0.5 39.2 59.5 100

Christians 9.0 32.8 24.8 33.3 100

Sikhs 30.7 0.9 22.4 46.1 100

Jains 0.0 2.6 3.0 94.3 100

Buddhists 89.5 7.4 0.4 2.7 100

Zoroastrians 0.0 15.9 13.7 70.4 100

Others 2.6 82.5 6.2 8.7 100

Total 19.5 8.7 41.1 30.8 100

10
http://planningcommission.nic.in/reports/sereport/ser/stdy_scmnty.pdf accessed on April 8, 2017
11
Sachar Committee Questions and Answer Archived 3 march 2016 at the Wayback Machine
12
Sachar, Rajindar (2006). "Minority Report" (PDF). Government of India. Archived from the original (PDF) on
18 December 2008. accessed on April 8, 2017

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4. Scheduled Tribes – The Scheduled Tribes like the Scheduled Castes face structural
discrimination within the Indian society. Unlike the Scheduled Castes, the Scheduled Tribes
are a product of marginalization based on ethnicity. In India, the Scheduled Tribes population
is around 84.3 million and is considered to be socially and economically disadvantaged. Their
percentages in the population and numbers however vary from State to State. They are
mainly landless with little control over resources such as land, forest and water. They
constitute a large proportion of agricultural laborers, casual laborers, plantation laborers,
industrial laborers etc. This has resulted in poverty among them, low levels of education,
poor health and reduced access to healthcare services. They belong to the poorest strata of the
society and have severe health problems.

5. Elderly or Aged People – Ageing is an inevitable and inexorable process in life. In India,
the population of the elderly is growing rapidly and is emerging as a serious area of concern
for the government and the policy planners13. According to data on the age of India’s
population, in Census 2001, there are a little over 76.6 million people above 60 years,
constituting 7.2 per cent of the population. The number of people over 60 years in 1991 was
6.8 per cent of the country’s population. The vulnerability among the elderly is not only due
to an increased incidence of illness and disability, but also due to their economic dependency
upon their spouses, children and other younger family members. According to the 2001
census, 33.1 per cent of the elderly in India live without their spouses. The widowers among
older men form 14.9 per cent as against 50.1 per cent widows among elderly women. Among
the elderly (80 years and above), 71.1 per cent of women were widows while widowers
formed only 28.9 per cent of men. Lack of economic dependence has an impact on their
access to food, clothing and healthcare. Among the basic needs of the elderly, medicine
features as the highest unmet need. Healthcare of the elderly is a major concern for the
society as ageing is often accompanied by multiple illnesses and physical ailments.14

6. Children – Children Mortality and morbidity among children are caused and compounded
by poverty, their sex and caste position in society. All these have consequences on their
nutrition intake, access to healthcare, environment and education. Poverty has a direct impact
on the mortality and morbidity among children. In India, a girl child faces discrimination and
differential access to nutritious food and gender based violence is evident from the falling sex

13
Aging in India: Its Socioeconomic and Health: By H.B. Chanana and P.P. Talwar, ImplicationsAsia-Pacific
Population Journal, Vol. 2, No. 3 37
14
http://www.oldagesolutions.org/Facilities/ConstProv.aspx accessed on March 10, 2016

16 | P a g e
ratio and the use of technologies to eliminate the girl child. The manifestations of these
violations are various, ranging from child labor, child trafficking, to commercial sexual
exploitation and many other forms of violence and abuse. With an estimated 12.6 million
children engaged in hazardous occupations (2001 Census), for instance, India has the largest
number of child laborers under the age of 14 in the world. Among children, there are some
groups like street children and children of sex workers who face additional forms of
discrimination. A large number of children are reportedly trafficked to the neighboring
countries. Trafficking of children also continues to be a serious problem in India. While
systematic data and information on child protection issues are still not always available,
evidence suggests that children in need of special protection belong to communities suffering
disadvantage and social exclusion such as scheduled casts and tribes, and the poor (UNICEF,
India).

7. Sexual Minorities – Another group that faces stigma and discrimination are the sexual
minorities. Those identified as gay, lesbian, transgender, bisexual, kothi and hijra; experience
various forms of discrimination within the society and the health system. Due to the
dominance of heteronomous sexual relations as the only form of normal acceptable relations
within the society, individuals who are identified as having same-sex sexual preferences are
ridiculed and ostracized by their own family and are left with very limited support structures
and networks of community that provide them conditions of care and support. Their needs
and concerns are excluded from the various health policies and programs.

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 IV. LEGAL PROVISIONS FOR DIFFERENT UNDERPRIVILAGED
SECTIONS
1. Constitutional Provisions for the SC/ST/OBC and minorities
 Art. 15(4) : Clause 4 of article 15 is the fountain head of all provisions regarding
compensatory discrimination for SCs/STs. This clause was added in the first amendment
to the constitution in 1951 after the SC judgement in the case of Champakam Dorairajan
vs State of Madras. It says thus, "Nothing in this article or in article 29(2) shall prevent
the state from making any provisions for the advancement of any socially and
economically backward classes of citizens or for Scheduled Castes and Scheduled
Tribes." This clause started the era of reservations in India.

In the case of Balaji vs State of Mysore, the SC held that reservation cannot be more than
50%. Further, that Art. 15(4) talks about backward classes and not backward castes thus caste
is not the only criterion for backwardness and other criteria must also be considered.

Finally, in the case of Indra Sawhney vs Union of India, SC upheld the decision given under
Balaji vs State of Mysore that reservation should not exceed 50% except only in special
circumstances. It further held that it is valid to sub-categorize the reservation between
backward and more backward classes. However, total should still not exceed 50%. It also
held that the carry forward rule is valid as long as reservation does not exceed 50%.

 Art. 15 (5) : This clause was added in 93rd amendment in 2005 and allows the state to
make special provisions for backward classes or SCs or STs for admissions in private
educational institutions, aided or unaided.
 Art. 16(4): This clause allows the state to reserve vacancies in public service for any
backward classes of the state that are not adequately represented in the public services.
 Art. 16 (4A): This allows the state to implement reservation in the matter of promotion
for SCs and STs.
 Art. 16(4B): This allows the state to consider unfilled vacancies reserved for backward
classes as a separate class of vacancies not subject to a limit of 50% reservation.
 Art. 17: This abolishes untouchability and its practice in any form. Although the term
untouchability has not been defined in the constitution or in any act but its meaning is to
be understood not in a literal sense but in the context of Indian society. Due to the varna
system, some people were relegated to do menial jobs such as cleaning toilets. Such
people were not to be touched and it was considered a sin to even touch their shadow.

18 | P a g e
 They were not even allowed to enter public places such as temples and shops. The
constitution strives to remove this abhorring practice by not only making the provision a
fundamental right but also allows punishment to whoever practices or abets it in any
form. Towards this end, Protection of Civil Rights Act 1955 was enacted. It has
implemented several measures to eradicate this evil from the society. It stipulates up to 6
months imprisonment or 500 Rs fine or both. It impresses upon the public servant to
investigate fully any complaint in this matter and failing to do so will amount to abetting
this crime. In the case of State of Kar. vs Appa Balu Ingle, SC upheld the conviction for
preventing a lower caste person from filling water from a bore well.

In Asiad Projects Workers case, SC has held that right under Art 17 is available against
private individuals as well and it is the duty of the state to ensure that this right is not
violated.

 Art. 19(5): It allows the state to impose restriction on freedom of movement or of

residence in the benefit of Scheduled Tribes.
 Art. 40: Provides reservation in 1/3 seats in Panchayats to SC/ST.
 Art. 46: Enjoins the states to promote with care the educational and economic
interests of the weaker sections, specially SC and STs.
 Art. 164: Appoint special minister for tribal welfare in the states of MP, Bihar, and
Orrisa.
 Art. 275: Allows special grant in aids to states for tribal welfare.
 Art. 330/332: Allows reservation of seats for SC/ST in the parliament as well as in
state legislatures.
 Art. 335: Allows relaxation in qualifying marks for admission in educational institutes
or promotions for SCs/STs.

In the case of State of MP vs Nivedita Jain, SC held that complete relaxation of qualifying
marks for SCs/STs in Pre-Medical Examinations for admission to medical colleges is valid

 Art. 338/338A/339: Establishes a National Commission of SCs and STs. Art. 339
allows the central govt. to direct states to implement and execute plans for the
betterment of SC/STs.
 Art. 340: Allows the president to appoint a commission to investigate the condition of
socially and economically backward classes and table the report in the parliament.

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 2. Constitutional Provisions for Women
 Art. 15(3): It allows the state to make special provisions for women and children.
Several acts such as Dowry Prevention Act have been passed including the most
recent one of Protection of women from domestic violence Act 2005.
 Art. 23: Under the fundamental right against exploitation, flesh trade has been
banned.
 Art. 39: Ensures equal pay to women for equal work.

In the case of Randhir Singh vs Union of India, SC held that the concept of equal pay for
equal work is indeed a constitutional goal and is capable of being enforced through
constitutional remedies under Art. 32.

 Art. 40: Provides 1/3 reservation in panchayat.

 Art. 42: Provides free pregnancy care and delivery.
 Art. 44: It urges the state to implement uniform civil code, which will help improve
the condition of women across all religions. It has, however, not been implemented
due to politics. In the case of Sarla Mudgal vs Union of India, SC has held that in
Indian Republic there is to be only one nation i.e. Indian nation and no community
could claim to be a separate entity on the basis of religion. There is a plan to provide
reservation to women in parliament as well.

3. Constitutional Provisions for children

 Art. 19 A: Education up to 14 yrs has been made a fundamental right. Thus, the state
is required to provide school education to children.

In the case of Unni Krishnan vs State of AP, SC held that right to education for children
between 6 to 14 yrs of age is a fundamental right as it flows from Right to Life. After this
decision, education was made a fundamental right explicitly through 86th amendment in
2002.

 Art. 24: Children have a fundamental right against exploitation and it is prohibited to
employ children below 14 yrs of age in factories and any hazardous processes.
Recently the list of hazardous processes has been update to include domestic, hotel,
and restaurant work.

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Several PILs have been filed in the benefit of children. For example, MC Mehta vs State of
TN, SC has held that children cannot be employed in match factories or which are directly
connected with the process as it is hazardous for the children. In the case of Lakshmi Kant
Pandey vs Union of India, J Bhagvati has laid down guidelines for adoption of Indian
children by foreigners.

 Art. 45: Urges the state to provide early childhood care and education for children up
to 6 yrs of age.

Age, and high levels of economic dependence and/or disability combine to create high levels
of vulnerability to chronic poverty. While old age pension schemes are in place neither the
small amounts made available nor the hassle of accessing them make this a solution to the
problem of chronic poverty among the elderly. With the high incidence of chronic ailments
and health care needs of the elderly, declining family size, migration and breakdown of
traditional family structures that provided support, this group of the population is extremely
vulnerable to poverty. The 1991 census showed that approximately 7.6% of India's rural and
6.3% of India's urban population was above the age of 60. 7.8% males and 7.4% females in
rural and 6.2% males and 6.6% females in urban areas were in the category of the aged. The
proportion of old-old (70 plus) in India is expected to increase from 2.40 percent in 1991 to
3.75 percent by 2021. The total number of elderly persons in India is projected to increase to
136 million by 2021 from the current level of 55 million in 1991. This has significant
implications for social security policies. The NSS data show that in both rural and urban
areas, roughly 50% of aged persons were fully dependent on others, 13 to 16 % were partially
dependent and only 30% were economically independent. Economic independence was far
greater among males than among females. Close to half the elderly males and only 12% of
elderly females were economically independent. In contrast, more than 70% of older females
and only about 30% of older males were fully dependent on others. High levels of economic
dependence at low household income levels mean that meager resources need to be stretched
thinner and thereby increase vulnerability to poverty of physically and financially dependent
older persons. Inadequate financial resources are a major concern of the Indian elderly (Desai
1985 cited in Rajan et. al., 2000) and more so among the female elderly (Dak and Sharma
1987 cited in Rajan et. al., 2000). In many situations, the rural elderly continue to work
though their number of working hours comes down with increasing age (Singh, Singh and
Sharma 1987 cited in Rajan et.al.,2000). Financial problems are more common among
widows and among the elderly in nuclear families. Economic insecurity was the sole concern

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of the elderly in barely sustainable households in rural India (Punia and Sharma 1987 cited in
Rajan et. al.,2000).

4. Constitutional provisions for aged- In Constitution of India, entry 24 in list III of

Schedule IV deals with the “Welfare of Labour, including conditions of work,
provident funds, liability for workmen’s compensations, invalidity and Old age
pension and maternity benefits. Further, Item No. 9 of the State List and Item No. 20,
23 and 24 of the Concurrent List relates to old age pension, social security and social
insurance, and economic and social planning. Article 41 of the Directive Principle of
the State Policy has particular relevance to Old Age Social Security. According to this
Article, “the State shall, within the limits of its economic capacity and development,
make effective provision for securing the right to work, to education and to public
assistance in case of undeserved want.”

5. Constitutional Provisions for disabled persons-The Constitution of India ensures

equality, freedom, justice and dignity of all individuals and implicitly mandates an
inclusive society for all including the persons with disabilities. The Constitution in the
schedule of subjects lays direct responsibility of the empowerment of the persons with
disabilities on the State Governments Therefore, the primary responsibility to
empower the persons with disabilities rests with the State Governments. Under Article
253 of the Constitution read with item No. 13 of the Union List, the Government of
India enacted “The Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995”, in the effort to ensure equal opportunities
for persons with disabilities and their full participation in nation-building. The Act
extends to whole of India except the State of Jammu and Kashmir. The Government
of Jammu & Kashmir has enacted “The Persons with Disabilities (Equal
Opportunities, Protection of Rights & Full Participation) Act, 1998”. A multi-sectoral
collaborative approach, involving all the Appropriate Governments i.e. Ministries of
the Central Government, the State Governments/UTs, Central/State undertakings,
local authorities and other appropriate authorities is being followed in implementation
of various provisions of the Act. India is a signatory to the Declaration on the Full
Participation and Equality of People with Disabilities in the Asia Pacific Region.

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 India is also a signatory to the Biwako Millennium Framework for action towards an
inclusive, barrier free and rights based society. India signed the UN Convention on
Protection and Promotion of the Rights and Dignity of Persons with Disabilities on
30TH March 2007, the day it opened for signature. India ratifies the UN Convention on
1ST October 2008.

6. Constitutional Provisions for sexual minorities

 Art. 15(1) : The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them.

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 V. VARIOUS DEVELOPMENT PROGRAMS BY GOVERNMENT
AND ITS IMPACT

1.) SCHEDULED CASTES/TRIBES WELFARE SCHEMES-

 Central Sector Scheme of 'Rajiv Gandhi National Fellowship' for Providing
Scholarships to Scheduled Caste Students to persue Programmes in Higher Education
such as M.Phil and Ph.D (Effective from 01-04-2010)
 Interviews for final Selection of awardees under the Scheme of National Overseas
Scholarship for SC etc. Candidates for the Selection Year 2009-10.
 Centrally-sponsored Pilot Scheme of PRADHAN MANTRI ADARSH GRAM
YOJANA (PMAGY)
 State, District and Block wise abstract of villages selected under PMAGY
 Babu Jagjivan Ram Chhatrawas Yojana (Letter, Annexures, and National Allocation
for 2009-10)
 Post-Matric Scholarship for SC Students
 Pre-Matric Scholarships for the Children of those Engaged in Unclean Occupations
 Central Sector Scholarship Scheme of Top Class Education for SC Students
(Effective from June 2007)
 Self Employment Scheme for Rehabilitation of Manual Scavengers
 National Overseas Scholarships for Scheduled Castes (SC) etc. Candidates for
selection Year 2010-2011
 Form for the Scheme of National Overseas Scholarship for SC etc. Candidates for the
Selection Year 2010-11.
 Special Educational Development Programme for Scheduled Castes Girls belonging
to low Literacy Levels
 Upgradation of Merit of SC Students
 Scheme of free Coaching for SC and OBC Students
 National Scheduled Castes Finance & Development Corporation (NSFDC)
 National Safaikaramcharis Finance & Development Corporation (NSKFDC)
 Assistance to Scheduled Castes Development Corporations (SCDCs)
 Supporting Project of All India Nature of SCs
 National Comission for Safai Karamcharis

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 2.) MAJOR SCHEMES FOR WOMEN-
 Indira Gandhi Matritva Sahyog Yojana (IGMSY)
 Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG)
 Swadhar Yojna
 STEP (Support to Training and Employment Programme for Women) (20th October
2005)
 Stree Shakti Puraskaar Yojna
 Short Stay Home For Women and Girls (SSH)
 UJJAWALA : A Comprehensive Scheme for Prevention of trafficking and Rescue,
Rehabilitation and Re-integration of Victims of Trafficking and Commercial Sexual
Exploitation
 General Grant-in-Aid Scheme in the field of Women and Child Development.
3.) Schemes for children
 The Integrated Child Protection Scheme (ICPS)
 National Awards For Child Welfare
 National Child Awards For Exceptional Achievements
 Rajiv Gandhi Manav Seva Award For Service To Children
 Balika Samriddhi Yojana (BSY)
 Kishori Shakti Yojana (KSY)
 Nutrition Programme for Adolescent Girls (NPAG)
 Early Childhood Education for 3-6 Age Group Children Under the Programme of
Universaliation of Elementary Education.
 Scheme for welfare of Working Children in need of Care and Protection
 Central Adoption Resource Agency (CARA)
 Rajiv Gandhi National Creche Scheme For the Children of Working Mothers

Major scheme for aged-

 National Social Assistance Programme (NSAP)

The National Social Assistance Programme (NSAP) which came into effect from 15th
August, 1995 represents a significant step towards the fulfillment of the Directive Principles
in Article 41 and 42 of the Constitution. It introduces a National Policy for Social Assistance

25 | P a g e
benefit to poor households in the case of old age, death of primary bread-winner and
maternity. The Programme has three components, namely:-

 National Old Age Pension Scheme (NOAPS)

 National Family Benefit Scheme (NFBS)
 National Maternity Benefit Scheme (NMBS)

These Schemes were partially modified in 1998 based on the suggestions received from
various corners and also on the basis of the feedback received from the State Governments.

 S.G.S.Y(SWARN JAYANTI GRAM SWAROJGAR YOJNA):-

Swarnajayanti Gram Swarojgar Yojana (SGSY) is an initiative launched by the
Government of India to provide sustainable income to poorest poor people living in
rural & urban areas of the country. The scheme was launched on April 1, 1999.
The SGSY(Swarnajayanti Gram Swarojgar Yojana) aims at providing self-
employment to villagers through the establishment of self-help groups. Activity
clusters are established based on the aptitude and skill of the people which are
nurtured to their maximum potential. Funds are provided by NGOs, banks and
financial institutions.
Since its inception, over 2.25 million Self-help groups have been established with an
investment of ₹14,403 crore (US$2.1 billion), profiting over 6.697 million people.
The Swarnajayanti Gram Swarojgar Yojana (SGSY) was launched as an integrated
programme for self-employment of the rural poor with effect from April 1, 1999.
Government provide funds as per individual is 30% of the total capital investment if
the total investment is less than Rs. 7,500 and 50% of the investment for SC/STs if the
investment is less than Rs.10,000. For self-help groups, the government offers a
subsidy of 50% if the total investment is less than Rs. 1.25 lakhs. There are no
monetary ceilings on subsidy in the case of irrigation projects.
The SGSY concentrates on the marginalized sections of society. Accordingly, SC/STs
comprise 50 percent, women 40% and the physically challenged make up 3% of the
total beneficiaries from the scheme.
Government funding for the scheme is divided between the Center and State on a 75-
25 basis.
 M.G.N.R.E.G.A: -National Rural Employment Guarantee Act 2005 (or, NREGA No
42) was later renamed as the "Mahatma Gandhi National Rural Employment

26 | P a g e
 Guarantee Act" (or, MGNREGA), is an Indian labour law and social security measure
that aims to guarantee the 'right to work'. It aims to enhance livelihood security in
rural areas by providing at least 100 days of wage employment in a financial year to
every household whose adult members volunteer to do unskilled manual
work.Starting from 200 districts on 2 February 2006, the NREGA covered all the
districts of India from 1 April 2008. The statute is hailed by the government as "the
largest and most ambitious social security and public works programme in the world".
In its World Development Report 2014, the World Bank termed it a "stellar example
of rural development". The MGNREGA was initiated with the objective of
"enhancing livelihood security in rural areas by providing at least 100 days of
guaranteed wage employment in a financial year, to every household whose adult
members volunteer to do unskilled manual work". Another aim of MGNREGA is to
create durable assets (such as roads, canals, ponds, wells). Employment is to be
provided within 5 km of an applicant's residence, and minimum wages are to be paid.
If work is not provided within 15 days of applying, applicants are entitled to an
unemployment allowance. Thus, employment under MGNREGA is a legal
entitlement. MGNREGA is to be implemented mainly by gram panchayats (GPs). The
involvement of contractors is banned. Labour-intensive tasks like creating
infrastructure for water harvesting, drought relief and flood control are
preferred.Apart from providing economic security and creating rural assets, NREGA
can help in protecting the environment, empowering rural women, reducing rural-
urban migration and fostering social equity, among others."The law provides many
safeguards to promote its effective management and implementation. The act
explicitly mentions the principles and agencies for implementation, list of allowed
works, financing pattern, monitoring and evaluation, and most importantly the
detailed measures to ensure transparency and accountability
 I.A.Y (INDIRA AWAS YOJNA):- Pradhan Mantri Gramin Awaas Yojana (PMAY),
previously Indira Awaas Yojana (IAY), is a social welfare flagship programme,
created by the Indian Government, to provide housing for the rural poor in India. A
similar scheme for urban poor was launched in 2015 as Housing for All by 2022.
Indira Awaas Yojana was launched by Rajiv Gandhi, the then Prime Minister of
India, as one of the major flagship programs of the Ministry of Rural Development to
construct houses for BPL population in the villages. Under the scheme, financial
assistance worth ₹70,000 (US$1,000) in plain areas and ₹75,000 (US$1,100) in
27 | P a g e
 difficult areas (high land area) is provided for construction of houses. The houses are
allotted in the name of the woman or jointly between husband and wife. The
construction of the houses is the sole responsibility of the beneficiary and engagement
of contractors is strictly prohibited. Sanitary latrine and smokeless chullah are
required to be constructed along with each IAY house for which additional financial
assistance is provided from "Total Sanitation Campaign" and "Rajiv Gandhi Grameen
Vidyutikaran Yojana" respectively. This scheme, operating since 1985, provides
subsidies and cash-assistance to people in villages to construct their houses,
themselves.

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 VI. FIELD WORK AND DATA ANALYSIS.

This research on LAW AND THE UNDERPRIVILAGED SECTIONS was done with the
aim of understanding the trends and patterns of underprivileged sections, studying the
demand situations and the vulnerability factors, and looking into the response by the various
concerned agencies. The preceding chapters have presented the data collected by the
researcher.

The researcher went to villages of TRIVENIGANJ, SUPAUL, BIHAR.

The researcher also got an opportunity of interviewing Arvind Kumar, S.D.O,

TRIVENIGANJ. He is an accomplished scholar. He was posted in Hajipur before division of
Bihar. He has a rich experience of causes of lack of development. The researcher gained a lot
from his experience and tried to benefit this research work from that information.

The researcher, after going through the facts collected from the interviewing the scholarly
people, villagers understood the basic reason behind the poor conditions of minorities. There
are several reasons of lack of development of underprivileged in Bihar . It may be lack of
socio economic structure ,superstation, old thought etc. . But the most prevalent reason is lack
of knowledge and high corruption. When talking to common people the researcher founded
that many people are not aware about either the development programme and rights and if
they are knowing corruption is there so it is not easy to avail that benefits which is given to
the lower section of society specialy. when the researcher was talking to the rural people they
told that whenever they go to any govt. office the workers which is working there do not
respond to them properly do not help them.

The researcher after analysing the information say that the life of poor people is miserable. It
is totally uncertain that the condition of these people will improve in future or not. The
organisations working in this regard says that the corruption is the main cause. The menace
always fluctuates in numbers. The government always shows that the numbers are dwindling.
But after analysing the data available, it can easily be made certain that the method of
collecting the data changes each time. This makes fluctuation in numbers. The information
collected brings to light to life of poorer people and their development an astonishing fact
that to decrease the numbers the state government officials show that development is being

29 | P a g e
done on the paper. It raises finger over all the data and surveys collected by the government
machinery.

So, there are a lot of reasons for lack of development of underprivileged and their poor
conditions. The solution are meagre in this regard. The agencies working in this field is also
seems to be dwarf in from of the giant problems.

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 VII. CONCLUSION AND SUGGESTIONS.

The Research on LAW AND THE UNDERPRIVILAGED SECTIONS has been

multidimensional, addressing different aspects and dimensions of development. The
focus of the research has been on the conditions of underprivileged sections in rural
area rather than in the urban area. The study, carried out by the concerned researcher ,
has proposed excellent initiatives which will start making desirable and positive
impacts in addressing the problem. These good practices are indicators of what needs
to be done in situations where things go wrong. This study has also taken up several
issues which remained unacknowledged and has exposed many shortcomings, rights
violations, and insensitivity in the response system. Since the research has collected
data and identified a spate of problems and challenges, and a host of good and bad
practices, it is a Herculean task to compile and analyse them in a holistic manner. The
suggestions and recommendations included in this chapter are not exhaustive, though
efforts have been made to identify the important issues and list out the suggestions
and recommendations that are required to address them. The readers have the added
advantage of going back to the chapters in this research work and identifying areas for
further action, as per their priority, orientation and requirement. This research and the
related action programmes will create a lot of momentum in the anti-trafficking
initiatives, which need to be sustained with vigour, speed and commitment. These
things should be researched and improved in order to achieve the desired result.
Suggestions:
 Improved Access To Agricultural Land-

The reasons for the high incidences of poverty and deprivation among the marginalized social
groups are to be found in their continuing lack of access to income-earning capital assets
(agricultural land and non-land assets), heavy dependence on wage employment, high
unemployment, low education and other factors.

Therefore, there is a need to focus on policies to improve the ownership of income-earning

capital assets (agriculture land, and non-land assets), employment, human resource & health
situation, and prevention of discrimination to ensure fair participation of the marginalized
community in the private and the public sectors.

 Active Role of the State in Planning-

It is necessary to recognize that for the vast majority of the discriminated groups, State
intervention is crucial and necessary. Similarly, the use of economic and social planning as an

31 | P a g e
instrument of planned development is equally necessary. Thus, planned State intervention to
ensure fair access and participation in social and economic development in the country is
necessary.

 Improved Access to Capital-

The poverty level among the SC and ST cultivators is 30% and 40% respectively, which is
much higher compared with non-scheduled cultivators (18%). Similarly, the poverty
incidences of those in business is very high 33% for SC and 41% for ST compared with only
21% among non-scheduled businesses. The viability and productivity of self-employed
households need to be improved by providing adequate capital, information, technology and
access to markets. It is a pity that though the STs do own some land, they lack the relevant
technological inputs to improve the productivity of their agriculture.

 Improved Employment in Public and Private Sectors-

There is a need to review and strengthen employment guarantee schemes both in rural and
urban areas, particularly in drought-prone and poverty-ridden areas. Rural infrastructure and
other productive capital assets can be generated through large-scale employment
programmes. This will serve the duel purpose of reducing poverty and ensuring economic
growth through improvement in the stock of capital assets and infrastructure.

 Education and Human Resource Development-

Firstly, lower literacy/level of education and the continual discrimination of SC/STs in

educational institutions pose a major problem. The government should take a second look at
the Education Policy and develop major programmes for strengthening the public education
system in villages and cities on a much larger scale than today. There is a necessity to
reallocate government resources for education and vocational training. For millions of poor
students located in rural areas, the loan schemes do not work. We should develop an
affordable, uniform and better quality public educational system up to the university level.
Public education system is our strength and needs to be further strengthened. Promotion of
such private education systems that creates inequality and hierarchy should be discouraged.

 Food Security Programs-

The public distribution system should also be revived and strengthened. In distributing Fair
Price Shops in villages, priority should be given to the SC/ST female and male groups, as a
number of studies have pointed out that they are discriminated upon in the Public Distribution
System and in Mid-day Meal schemes.

 Public Health System-

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The public health system in rural areas has also been by and large neglected. Therefore, the
primary health system for rural areas and public health system in urban areas must be revived
and more funds should be allocated for the same.

 Untouchability and Discrimination-

The practice of untouchability and the large number of atrocities inflicted on Dalits continue
even today mainly because of hidden prejudices and neglect on the part of officials
responsible for the implementation of Special Legislations; i.e. the Protection of Civil Rights
Act (PCRA) and the Prevention of Atrocities Act (POA). The Government should make a
meaningful intervention in this regard so as to mitigate the sufferings of Dalits due to practice
of untouchability and atrocities inflicted upon them and should also treat this matter on a
priority basis to ensure that the officials and the civil society at large are sensitized on this
issue.

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 VIII. BIBLIOGRAPHY.

BOOKS: -
1. Kagzi, M.C. Jain The Constitutional of India Vol.1 & 2., New Delhi: India Law
House, 2001.
2. Pylee, M.V. Constitutional Amendments in India ,Delhi : Universal Law,2003.
3. Bakshi, P.M. The Constitution of India, Delhi: Universal Law Publishing, 2002.
4. Basu, Durga Das Commentary on the Constitution of India Volume E, Delhi
:Universal Book Traders,1992
5. ANTROLIKAR, K B : Antrolikar Committee Report, 1950 : (Report of the Ex-
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