DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY

VISAKHAPATNAM, A. P., INDIA.

PROJECT TITLE:
WEAKER SECTION AND LAW

SUBJECT:
SOCIOLOGY

NAME OF THE FACULTY:

PROF. M. LAKSHMIPATHI RAJU GARU.

ACKNOWLEDGEMENT :

I am highly indebted to my Hon’ble Sociology Professor, Prof. M. Lakshmipathi

RajuGaru, for giving me a wonderful opportunity to work on the topic: “WEAKER SECTION
AND LAW”, and it is because of his excellent knowledge, experience and guidance, this project
is made with great interest and effort . I would also like to thank my seniors who have guided my

1
novice knowledge of doing research on such significant topic. I would also take this as an
opportunity to thank my parents for their support at all times. I have no words to express my
gratitude to each and every person who have guided and suggested me while conducting my
research work.

PROJECT ABSTRACT / SYNOPSIS:-

TITLE OF PROJECT:
Weaker section and law
SELECTION OF PROJECT:
Weaker section and law

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REASERCH PROBLEM :
A study of problems of weaker section in the society
REVIEW OF LITERATURE :
Research review books , articles on the subject .
REASERCH DESIGN :
Doctrinal research.
IDENTIFICATION OF A VARIABLES :
Dependent Variable: weaker section
Independent Variable: Reservation
HYPOTHESIS:
Relation between weaker section and laws.
COLLECTION OF DATA:
Secondary data from books, Journals , Articles and case laws
ANALYSIS OF DATA :
Analysis of case law and legislations will done by the researcher .
INTERPRETATION OF DATA :
The case laws will revive the research findings .
CONCLUSION :
Conclusion will be drawn by the researcher findings.

CONTENTS
Introduction………………………………………………………………………………………5

Scheduled caste…………………………………………………………………………………..6

Definition……………………………………………………………………………………..6

Classification of scheduled caste……………………….......................................................7

Characteristics of scheduled caste…………………………………………………………9

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 Disabilities suffered by Scs……………………………………………………………….10

Scheduled Tribe………………………………………………………………………………..

Definition………………………………………………………………………………….11

Classification of scheduled tribe………………………………………………………….11

Characteristics of Sts……..……………………………………………………………...13

Disabilities suffered by Sts……………………………………………………………...14

Other backward caste…………………………………………………………………………..

Definition………………………………………………………………………………...15

Classification of OBCs…………………………………………………………………..16

Characteristics of OBCs……………………………………………………………........17

Disabilities of OBCs…………………………………………………………………….18

Constitutional provision for safeguard of Weaker section………………………………………18

Education for weaker section…………………………………………………………………….22

Conclusion……………………………………………………………………………………….23

Bibliography……………………………………………………………………………………..24

INTRODUCTION

The term “Weaker Section” in ordinary sense refers to the section of the population
who are socially, economically, politically and educationally backward than the other sections of
the population and have been suffering from different kinds of disabilities due to their
backwardness. According to Government of India Act, 1935 “weaker section implies to those
sections of society who are either because of traditional custom of practice of untouchability or

4
because of tribal origin, tribal way of living or other backwardness have been suffering from
educational and economic backwardness and some aspects of social life.”

On the basis of their over all status in a view to their socio-economic and cultural
life, for the convenience of effective administration of development and welfare programmes
with special focus to their socio-economic stands, the weaker sections have been grouped
basically into three distinct categories by different resolutions of Government of India. Those
groups can be serially stated here on the basis of magnitude of their problems or vulnerability to
various disabilities suffered by them.

1. Scheduled Caste

2. Scheduled Tribes and

3. Other Backward Classes

In addition to the above major groups, there are also some vulnerable groups like
women, destitute children, and handicapped people etc who are generally considered as weaker
members of the society. But here we are given with the three major groups i.e. Scheduled Caste,
Scheduled Tribes and Other Backward Classes for detailed discussion.

In Laxminarayan v. Madan Mohan, (A.I.R 1988 M.P. 142), it has been held that
“The expression ‘weaker section of society’ includes also citizens of ‘backward classes’ who are
covered by notification issued in pursuance to articles 15(4) and 16(4) of the constitution.”1

Scheduled Castes, Scheduled Tribes and socially and educationally backward

classes come under weaker sections and the elements of backwardness are illiteracy, lack of
education, poverty, exploitation of labour, non-representation in services and untouchability.

SCHEDULED CASTE

The scheduled castes are the people who occupy the bottommost rung of the
Indian social ladder. They constitute a major part of the weaker sections. They are generally
regarded as „untouchables‟ and popularly known as „harijans‟. According to the census report of
2001 they constitute more than 17% of the Indian population. They are economically backward,
socially depressed and educationally neglected section of the Indian population.
1
Weaker section , pg 34

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 In the early Vedic days they were called “panchamas” or the fifth varnas
because they were out of the “chaturvana” system. During the Vedic period they were known as
“chandalas” and “asprushas” or untouchables because they were thought to be born from the
illicit relation between the man of the lower caste and a Brahmin woman. Some other times they
were called as “dalits” means broken men. The British called them as “outcastes”, “exterior
caste” and depressed caste”. Finally, the government of India Act, 1935 designated them as
“scheduled caste”. Since then they have been recognized in this name. Our constitution after
independence also recognized them in this name. But Gandhiji addressed them as “harijans”
which he meant people of God. Common people in India know them and call them as
“harijans”.2

Definition:

Defining the term „scheduled caste‟ has been a tough one for the scholars.
Nevertheless several efforts have been made to define the same. Some of them can be stated as
follows:

1. According to D.N. Majundar “scheduled caste refers to the untouchable caste people who
suffer from various social and political disabilities many of which are traditionally prescribed
and socially enforced by the higher caste.”

2. Indian constitution says “scheduled castes are the people who are at the bottom of Hindu
social order and suffer from the problem of untouchability.”

Further scheduled caste can be defined as “those socially, educationally,

economically and politically backward castes which are kept at distance by the other castes as
untouchables.”

Classification of Scheduled Castes

Social classification :

1.Highly untouchable Scs : A portion of the scheduled caste individuals are observed to be
very untouchables. For the most part, the general population who have a place with this
2
Shodganga,pg3

6
gathering participate in supposed grimy works, for example, cleaning human excreta. These
individuals are not permitted to circumvent road in the day time. since it is trusted that they
might be in contact with other individuals in people in general places and their shadow shaped by
light may fall on others and unclean others.

They are not permitted to settle in the east as well as west of the town in light of the
fact that their quality in these spots may make long shadows toward the beginning of the day
and may sullied the general population in the contrary headings.

Accordingly, the highly untouchables are entirely banished from the standard society
and are made to experience the ill effects of most noticeably awful type of socio-economic
disabilities.

2.Moderately untouchable : The decently untouchables are the general population who are
likewise the casualties of distance yet not as much as that of highly untouchables. Dissimilar to
the highly untouchables, these individuals are occupied with less debased occupations like
clearing, angling, wind beguiling, unimportant exchanging and so on, circumvent the road in the
day time.

They are confined from entering certain parts of the sanctuary yet not all. They are
permitted to serve the supposed higher position individuals in horticultural exercises and other
household works. Therefore, these individuals appreciate probably some measure of societal
position and endure less basic social handicaps when contrasted with the highly untouchables.

Geographical classification :

The Scheduled Caste individuals are gathering of individuals spread everywhere

throughout the human progress. They are so sporadically spread over the populace that no
critical exertion so far could be made to order them topographically. In any case, it very well
may be expressed that they are found to have bigger focus in certain territory, for example, Scs
in the coastal belts, city- dwellers, and in the hilly areas .3

Economoic classification : The scheduled caste people are also divided based on the work they
do .

3
Weaker section ,pg 23

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 Petty traders : This gathering individuals inhabit foot regions of the slopes and backwoods and
semi-woods regions neighboring the tribal people. They supply little shopper products in return
of woods items to the tribal people and offer in the market .They influence their living from the
little edges they to get from the trading of woods and farming item for the buyers great from the
market.

Baamboo makers and artisans : There is another financial gathering which connects with itself
in bamboo-production. It makes bushels, grain-bowls, furnitures, and different compartments and
give them in return of different products. A few people from this gathering additionally are
celebrated for their artistic skills.

Iron smith : A portion of the general population from booked position classes are known for
their iron works. They make and repair basic actualizes utilized in horticulture like hatchet. They
pitch these executes to the tribal people and other Scheduled caste individuals and others and
make their living.

Fishermen : This financial gathering of scheduled caste classification essentially lives in the
waterfront fields regions. They make their living from fishing. They fish from the ocean water,
streams, lakes and lakes and offer in the market and meet their monetary needs.

Tenants : Before, individuals from scheduled caste were socially precluded to claim place that
is known for their own. They were compelled to function as inhabitants in others land. This
training since the past prompted landlessness of the SCs. Still they keep on abandoning land.
Large quantities of them function as landless specialists for others, for example, agriculturists,
land masters and so on and make their living from the little profit in real money or kind. On
occasion they experience the ill effects of fortified work.

Characteristic of scheduled caste :

The greater part of the qualities have a solid reference to the past, I mean preceding
India‟s autonomy or past. At present as consequence of usage of different welfare programs,
annulment of untouchability and routine with regards to separation and advancement of

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cosmopolitan state of mind, the situation has change all things considered. Still then the majority
of the qualities keep on persevering in some rustic and remote territories of the nation.

Socio demographic characteristics:

1. They have the least rung in the social stepping stool attributable to their introduction to the
world to the supposed humiliated caste in India .

2. They are the most exceedingly bad casualties of different social incapacities like confinement
on commesaliy, inter-caste marriage, sitting in people in general gatherings and so forth.

3. The scheduled caste individuals most reduced salary gathering and frequently denied of the
monetary rights because of their social handicaps.

4. Low expectation for everyday comforts is another glaring component of the SCs

5. Because of the recorded instructive incapacity and intense destitution low education rate is
another highlight of these individuals.

6. Intense destitution and high rate lack of education among the general population have
coordinate bearing on high dreariness among them.

Economic characteristics :

a) They financially are the poorest individuals in our general public.

b) They are landless inferable from the socially endorsed confinement from property
proprietorship previously.

c) They are limited from taking the control of their own decision

d) They are not permitted to have business focuses, shops or lodgings for alternate positions.

Educational characteristics:

a) The SC kids were not permitted to take training in the schools with the offspring of other
individuals.

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b) They were limited from taking training from a Brahmin instructor

c) Very low rate of enthusiasm for instruction is found among SCs.

Disabilities suffered by Scs :

1.Social disabilities: The scheduled castes of harijans in India suffered from numbers of social
disabilies since time immemorial by lowest status in social hierarchy and prevention from public
places .

2.Religious disabilities: SCs are not allowed to enter some temples. The Brahmins deny the SCs
to offer sacrifice in the temple. In the similar way, in the past they were not allowed to read and
learn scriptures, to enter the temples. They are allowed only to use Upanishad mantras which are
considered less pure.

3.Educational disabilities: The harijans were forbidden from taking up education during the early
days. Sanskrit education was denied to them. It is for this reason that most of the SCs are4
illiterate and ignorant even today.

4.Economic disabilities: The SCs were not permitted to claim a real estate parcel and business of
their own, however today they are permitted. They were additionally not permitted to play out
their preferred occupations.

5.Political disabilities: The so called untouchables hardly participated in political matters. They
were not allowed to hold any public post. Political rights were denied to them. They were only
used as vote banks.

SCHEDULED TRIBE

A tribe is a group of people, usually staying in jungle areas, in a small locality,

absolutely illiterate poor, hardly clad in clothes, usually dark and frail, fully living within their
own community whose marriage always takes place among themselves, engaged in hunting and
searching for roots, shoots and fruits as their veg food and roasted animals as non-veg food,
completely oblivious of the country’s political and economic condition, resisting all efforts of
development and have a strong dislike for strangers and educated modern community. The
number of such tribal community is very large e.g. Santhals, Kora people, Kol, etc. Most of the
4
Shodganga,34

10
projects and efforts for uplifting their health, education and economic condition have failed both
for their own unwillingness for change and absolute non cooperation as well as lethargy,
dishonesty and corruption of the intermediaries.

Definition:

L.M Lewis believes that tribal societies are small in scale are restricted in the spatial and
temporal range of their social, legal and political relations and possess a morality, a religion and
world view of corresponding dimensions. Characteristically too tribal languages are unwritten
and hence the extent of communication both in time and space is inevitably narrow. At the same
time tribal societies exhibit a remarkable economy of design and have a compactness and self-
sufficiency lacking in modern society.

Gillin and Gillin has given a very simple definition saying, “A tribe is a group of local
communities which lives in common area, speaks a common dialect and follows a common
culture.”

Classification of Tribe:

Ethnic classification:

Negritos: Negritos are believed to be the earliest inhabitants of the Indian peninsula who were
unable to defend themselves . These tribals took shelter in the mountains and thick forests where
a considerable number of them are still found and have been estimated to be about ten million.
They were gradually forced to recede before the invading hordes of Indo Aryans, Mongoloids,
etc. coming from the North-West and North-East. Some tracts of them are still found among the
tribals of the Andaman and Nicobar Islands known as the Onne.

Geographical classification:

The tribes live all over the country from the foot-hills of Himalayas to the land tip, of
Lakshadweep and from plains of Gujarat to the hills of North-East. There are the tribals in

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Chamba and Mahasu; and in Dehradun and Darjeeling. Tribal population of India is spread all
over the country. However, in Haryana, Punjab, Chandigarh, Delhi, Goa and Pondicherry there
exists very little tribal population. The rest of the states and union territories possess fairly good
number of tribal population Madhya Pradesh registers the largest number of tribes (73) followed
by Orissa (62), Arunachal Pradesh (56) Maharashtra (52), Andhra Pradesh (43).

Economic classification:

Agriculturists: Scheduled Tribes of India claim themselves to be the real owners of forest and
land in India. Most around 80% of the ST people are involved in agriculture. They follow
traditional and technology in agriculture.

Hunters and gatherers: Tribes are known as the aborigines or the primitive people. Hunting
and gathering is the most common feature of the primitive or tribal people. Most of the primitive
tribal groups belong to this category.5

Labours: Most of the tribal people are educationally and economically backward. They have no
or very low representation in education, service and business. For their survival, they mainly
depended on agriculture or forest product. Some tribals also continue to work in agriculture
sector as land labours.

Shepherds and cattle bearers: Some tribes are also known for their engagement in cattle-
breeding and rearing. They move from place to place in search of pasture land with their family
or without it. They meet their basic needs from the sale of animals the rear.

Black magicians: There are a few people among the tribal groups who practice black magic and
make their living from it. These groups of the tribal people are the proximate to the bahmins in
non-tribals in India . They also have some knowledge about some ayurvedic treatment. There is a
common belief among the tribes that these people possess some supernatural power to kill or
rescue the lives of common people in their community. They receive gifts and token price for
their disease detection and treatment which support their living.

Artisians: Tribal people, especially of the North-Eastern areas of India are well known for their
artistic skills and works. They create excellent art and crafts with soil, animal skin etc. They sell

5
Weaker section category,pg 45

12
these products in Indian traditional markets as well as modern market earn handsome amount of
money which supports heir livelihood.

Characteristics of scheduled caste :

Ethnic characteristics of tribe:
1.They have strong sense of unity and any stranger is attacked with bows and arrows.

2. All tribe members are related by blood, have their own political organization which has a
chief who exercises authority over all the members, even recommending marriage of young boys
with girls whom they have found suitable for marriage.

3. Kinship as an instrument of social bonds.

4. Absence of hierarchy among men and groups.

5. Absence of strong, complex, formal organization.

Economic characteristics of a tribe :

1.Communitarian basis of land holding pervades in most of the tribal communities .

2. The tribal people follow a very primitive methods of agriculture like shifting cultivation
leading to very low yield of crops.

3. Due to lack of access to market system, most of the tribes from remote areas practice barter
system which means exchange goods for goods.

4. Tribal people consider forest as their basic right and greatly depend on forest products which
constitutes the mainstay of their economic life.

Educational classification:

1.Tribal people have very less representation in education as compared to their non-tribal
counterparts .

2.Poor economic condition and family environment hinders them from taking education.

3. They lack interest and awareness of the present education system.

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Disabilities suffered by Scheduled caste in India:

1.Disabilities of geographical separation: The tribals in India in some way or the other are
geographically separated from the rest of the population. Even some concerted effort by the
government to connect them with the civilized world has badly failed. The public services and
welfare programmes cannot reach to them. They also have very less contact with rest of the
population.6

2.Cultural disabilities: Tribal culture is a unique one. It is totally different from that of the
civilized world. They are terrified and suspicious towards the civilized world. The cultural
confusion among the tribals comes on the way of assimilation and integration of tribal people
into the mainstream society in India.

3.Social disabilities: The tribals also have their own social disabilities. Even today they are the
victims of superstitious beliefs, meaningless expensive traditional practices. They have keen
desire to maintain all these evil tribal practices which directly or indirectly impede their
development.

4.Economic disabilities: Tribal people are economically the poorest people in our country. Most
them fall prey to economic exploitation and other situations and live below the poverty line.

5.Educational disabilities: Illiteracy is a major problem of tribals in India. More than 70% of
the tribal people are functionally illiterate. Many of them are ignorant of education, schools,
colleges and universities . Problem of language also is another setback in their education.

6.Disabilities of health: Due to lack of education and awareness the tribals do not appreciate the
modern concept of health and sanitation. They believe that diseases are caused by evil spirits or
ghosts. So they follow their traditional ways of diagnosis through the help of black magic by the
tribal priests and tribal black magicians. Their contact with the outsiders created new diseases
like blood pressure, AIDS, STDs etc.

6
Weaker section and law, pg.56

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OTHER BACKWARD CASTES

The Other Backward Classes are the third worst vulnerable group of people in
Indian population. They as a category constitute roughly the largest i.e. more than one third of
the country’s population. The term “other backward class” has not been defined properly either
by sociologists or by the constitution makers. The backward classes are a large mixed group of
persons with more unclear and elastic boundaries. The other backward class consists of a large
number of educationally and economically backward people. The term “other backward classes‟
is often considered as vague in the sense that it includes a wide variety of lower castes and
classes consisting of millions of people. But it is no denying fact that those who are said to be
falling in the ambit of this group suffer from many deprivations and disabilities due to their
backwardness for whatever reasons.

Definition:

Justice K. Suba Rao defined the backward classes as “an ascertainable and
identifiable group of persons based on caste, religion, race, language, occupation and such
others, with definite characteristics of backwardness in various aspects of human existence-
social, cultural, economic, political and such others.”

We can in general sense define them as “those social groups or classes or castes
which are characterized by illiteracy, poverty, exploitation of labour and having no adequate
representation in politics and services.

The Backward Class Commission was appointed in 1953 with Kaka Kalelkar as the
Chairman according to the Article 340 of the Constitution. The Commission was asked to
determine the criteria to be adopted to provide concessions to “socially and educationally
backward classes” besides The Scheduled Castes and Scheduled Tribes.

Classification of OBC:

Classification of the other backward classes on any ground is almost impossible,

because of it‟s complex structure. People from many different religion, different castes and
different culture constitute the other backward population and no demarcation is possible

15
between them on any ground to stratify them. Even in the economic aspect a specific level of
achievement in income and defined occupation is prescribed as a criterion for identifying a other
backward class. The other important criterion for this is educational achievement of a social
group. There was an unsuccessful effort by the Kalelkar Commission to classify the other
backward classes on the basis of their economic position. The First Backward Commission
which was appointed under Article 340(1) submitted its Report in 1955. The Report presented a
list of 2399 castes and communities considered as backward. Of these, 237 were considered as
most backward, requiring special attention. Thus the category „backward classes‟ was bifurcated
into two categories – the Backwards and most Backwards. The Report was rejected by the Union
Government for having used „caste‟ and not an economic criterion for identifying Backward
Classes. Consequently, the attempt for classifying the category also went in vain. Hence, so far
as my knowledge is concern there is hardly any line has been drawn in the same.7

Characteristics of OBCS:

Socio-demograpic characteristics:

1.These people constitute the largest population among the defined categories.

2.People of this category cover wide range of social groups and communities across all the
minority religions and Hindu groups owing to their lower economic status.

3. They have very low social status next to the SCs and STs in the Indian social hierarchy.

4. They have abysmal level of performance in economy and education.

5.In terms of health indicators, these people have very low health status next to the SCs and STs.

Economic characteristics:

1.These people belong to lower income groups.

2. They have very low representation higher posts in job sector and they are mainly very low
profile occupation petty business, basket making, performing magic, agriculture, industrial
labour etc.

7
Weaker section , pg 89

16
3.The incidence Unemployment, including underemployment is the highest among all social
groups OBCs in rural areas and not significantly less than the STs.

4.Asset ownership (including land) per household of OBCs is double that of SCs and STs, but
only about two-thirds of „Others‟ in both rural and urban areas.

5.The incidence of indebtedness, and consequently the debt to asset ratio, is highest among
OBCs of all social groups. It also appears that OBCs borrow a lower proportion of their debt
from institutional sources and have higher dependence on informal sources as compared to all
the other social groups.

6. The incidence if Bonded labour and Child labour is higher among these people.

Disabilities of other Backward caste:

The disabilities or injustices suffered by them are not significantly visible like those of the SCs
and SCs, nevertheless, somewhere down the line there are some hints why they lagged behind in
the race towards development.

1.Inheritance of poor education after the independence made them almost handicapped.

2. Failure on the part of the successive governments to correctly identify them and make them
get into the mainstream of the society.

3.Lacks of a comprehensive package for them like that of the SCs and STs, so that they could
come forward for a better life.

4. They were close to the higher economic class who exploited them for own interest.

5. Administrative negligence has kept them away from the process of development.

CONSTITUTIONAL PROVISIONS FOR PROTECTION OF WEAKER SECTION:

Constitutional makers provided the different safeguard in the Constitution of India to these
depressed classes. They are:

Article 14 provides that States shall not deny any person equality before law or the equal
protection of laws within the territory of India.

17
 Article 15 operationalizes the concept of equality in a manner which specifically touches upon
the conditions of the Scheduled Castes, Scheduled Tribes and other backward classes.

Article 38 State to secure a social order for the promotion of welfare of the people: The State
shall strive to promote the welfare of the people by securing and protecting as effectively as it
may a social order in which justice, social, economic and political, shall inform all the
institutions of the national life. The State shall, in particular, strive to minimize the inequalities in
income, and endeavour to eliminate inequalities in status.8

Article 39 The State shall, in particular, direct its policy towards securing- that the citizen, men
and women equally, have the right to an adequate means of livelihood; that there is equal pay for
equal work for both men and women;

Article 17, untouchability is abolished and its practice in any form is forbidden. The enforcement
of any disability arising out of “untouchability has been made an offence punishable in
accordance with the law.”

Article 24 provides that no child below the age of 14 years shall be employed to work in any
factory or mine or engaged in any hazardous employment. There are central and State Laws to
prevent child labour practices and providing relief to those engaged as child labour.

Other safeguards for weaker section :

Economic safeguard:

The provisions of Articles 23, 24 and 46 from part of economic safeguards for Scheduled Castes
and the Scheduled Tribes. Article 46 provides that State shall promote with special care the
educational and economic interests of weaker sections of the people and, in particular, Scheduled
Castes/Scheduled Tribes and shall protect them from social injustice and all forms of
exploitation.

Education and culture safeguards:

Article 15(4) empowers the State to make special provisions for advancement of any socially and
economically backward classes or citizens and for Scheduled Castes and the Scheduled Tribes.

8
Articles constitution , pg 56

18
Article 29(1) provides that “Any section of the citizens residing in the territory of India or any
part thereof, having a distinct language, script or culture of its own shall have the right to
conserve the same”

Political safeguard:

Article 164(1) provides that in the specific States there shall be a Minister in charge of tribal
welfare who may, in addition be in charge of welfare of Scheduled Castes, Backward Classes or
any other work.

Article 330 provides for reservation of seats for Scheduled Castes and the Scheduled Tribes in
Lok Sabha.

Under Article 243(D), reservation of seats in Village Panchayats, Zilla Parishads has been made
for Scheduled Castes and the Scheduled Tribes in proportion to their population at respective
level in direct election. It has also been provided that the reserved seats for Scheduled Castes and
the Scheduled Tribes shall be allotted by rotation to different constituencies in Panchayat at each
level.

Service safeguards:

Article 16, which provides equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State and prohibits any discrimination on
grounds of religion, race, caste, sex, decent, place of birth, residence or any or all of them, has
made a very special provision which permits Parliament to make any provision for reservation of
appointments or posts in favour of any backward class of citizens which, in the opinion of the
State, in not adequately represented in the services under the State.

Article 16(4)(a), this benefits of reservation in the matter of promotion has been extended to
Scheduled Castes and the Scheduled Tribes to overrule the judgment of the Supreme Court.
Article 16(4)(b) has further made provisions to permit backlog vacancies as a separate category
in any year for determining the ceiling of 50% reservation on total number of vacancies that
year.

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Article 338 of the Constitution provides for a National Commission for Scheduled Castes and the
Scheduled Tribes and specifies the functions it would discharge and the report it is required to
present to the President.

Article 335 provides that the reservation provisions shall be made taking into consideration
efficiency of administration. Through a specific amendment to the Constitution, the State has
been empowered to make any relaxation for qualifying mark in any examination or lowering the
standards of evaluation for enforcing reservation in matters of promotion to any class or classes
of service or posts in connection with the affairs of the Union or of the State. In addition to the
protections referred to above, which deal with both Scheduled Castes and the Scheduled Tribes,
special safeguards have also been made for Scheduled Tribes.

Article 275(1) provides that specific allocations may be made from the Consolidated Funds of
India to give as grant-in aid for each such area for meeting the cost of schemes of development
and for promoting the welfare of Scheduled Tribes in the State. Similar provision exits for such
special grants for the 6th Scheduled area.

Enforcing Equality and Removing Disability Untouchability offences act, 1955

Through Article 17 of the Constitution, untouchability was abolished and its

practice in any form had been abolished. Untouchability means the practices evolved as social
restrictions in sharing food, access to public places, offering prayers and performing religious
services, entry in temple and other public places and denial of access to drinking water sources,
etc. Within 5 years of adoption of Constitution of India, the Untouchability (Offences) Act, 1955
was enacted by Parliament. The Act contained a significant provision that where any of the
forbidden practices “is committed in relation to member of Scheduled Caste” the Court shall
presume, unless the contrary is proved, that such act was committed on the ground of
Untouchability. This implied that the burden of the proof lies on the accused and not on the
prosecution.9

Preventing control over fruits of labour :

Bonded Labour System (Abolition), Act 1976

9
System act, pg 93

20
 The Bonded Labour System (Abolition) Act, 1976 abolished all agreements
and obligations, including customary sanctions which permit bonded labour system in various
forms. The Act also released all such labourers from these obligations, cancelled their
outstanding debts and prohibited creation of any new bodage agreement. Keeping a bonded
labour is a violation of law and is punishable with sentence of 3 years imprisonment and a fine of
Rs. 2,000/-.

Minimum wage act ,1948

This Act provides for fixing of minimum rates of wages in different employments
and appointment of Committees or Subcommittees for this purpose. The Act also fixes the norms
of hours of work, rest and overtime rates.

Equal Remunaration Act, 1976

The Act mandates that there shall be no discrimination in the payment of wages to
women workers performing same or similar nature of work as men.

Child Labour (prohibition and regulation) Act, 1986

The Act prohibits the engagement of children in certain employments and

regulates the conditions of work of children in certain others. It outlines severe penalties for
those violating its provisions.

National Human Rights Commission

The Human Rights Act, 1993 seeks to provide regulatory framework for
protection of rights related to life, liberty, and quality, dignity of individuals guaranteed by the
constitution or embodied in the International Covenants and enforceable by courts in India.
Section 3 of the Act provides for constitution of National Human Rights Commission and section
21 provides for constitution of State Human Rights Commission. As atrocities on SCs are
violation of Human Rights, it intervenes in complaints relating to them also.

National Commission For women

Section 3 of National Commission for Women Act, 1990 provides for the
constitution of National Commission for Women to investigate and examine all matters relating

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to safeguards provided for the women under the Constitution and various other laws. The First
National Commission was constituted on 31st January, 1992. It takes up Social Justice.
Accordingly, problems of SC women including those of physical violence against them are also
dealt with by it.

EDUCATION OF WEAKER SECTION

Indian Society is known for its unity in diversity, but it lacks quality in education,
employment, and income based on caste and  ethnicity despite India being economic country.
The Indian Government does not provide free education as most of the schools were private
schools, weaker sections could not afford higher education. As result, weaker section suffers
from low educational attainment. Even if they are able to afford, they are discriminated.
Language poses another challenge for tribals education. Tribals normally speak local dialect
rather than the main language of the state in which they reside, and tribal students feel alienated,
when the teachers are not well trained to communicate in their tribal dialects.
The Indian Government  has started providing scholarships and other forms of
financial aid to reduce the cost of education, special schools and remedial tutoring  increase
college preparedness and reserved quotas in competitive colleges are encouraging parents to
educate their children, thereby reducing middle and secondary school dropout, Reservations in
Govt. employment enhance returns to educate weaker sections, even primary education can
substantially enhance the earning potential for weaker section because they become eligible for
lower level Govt. Jobs instead of relying on sporadically available manual labour in private
sectors.
Children from the disadvantaged sections of society will now have access to
private schools as the Supreme Court has upheld the constitutional validity of the right of
children to free and compulsory education Act, 2009. The Act makes it mandatory for all
schools, except minority unaided, to reserve 25 percent of seats for children from the
disadvantaged sections, the burden of which will be brone by  the Government. Many private
schools had opposed the move saying that since they did not take  grants from the Government
they could not be legally bound to reserve and also the per-child cost as suggested by the

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Government was very low the Government spends between Rs.6,000 and Rs.18,000 a child
annually on elementary education and this will form the broad basis for  reimbursement under
the RTE, though the final amount will vary from state to state. However, the Supreme Court up
held all provisions of the Act and this will now help the Government  in enforcing the  law
effectively so that disadvantaged students can also have access to good quality education at the
elementary level.

Education is one primary area that needs focus as it is crucial to the development of a
country. A higher percentage of educated individuals contribute more towards the economy of
the country that in turn leads to blossoming of the nation. Since it is a subject that  has multiple
dimensions attached to it, some aspects relating to it  fall under the union list where as the rest
under the concurrent list of the constitution of India. As a result, both the union and the state are
empowered to make legislation with respect to it. 

Education was made fundamental right by the 86th constitutional amendment which
introduced section 21-A in the constitution of India. India joined the list of 135 countries that
have legislation in place to implement it as a fundamental right to education Act which finally
came in to force in 2010.  Education has now been made compulsory and free for children in the
age bracket of 6 years to 14 years which is further stretched to 18 years for children with
disabilities. In order to enforce the fundamental rights all the private and Government  schools
are required to reserve atleast 25 percent of their seats for the disadvantaged groups and the
weaker sections.

CONCLUSION

The position of weaker sections is said be vulnerable. The ancient period people
from Panchama varna were not been treated as human being. They had to stay in the outs-cuts of
villages. No specialties have been extended to them. After emergence of British Christians
missionaries have changed their position to some-extent. The efforts of Jhotibha Phule and
Ambedkar are met with partial success. The enforcement of Constitution of India has brought
remarkable change in the lives of weaker sections. Part III and Part IV have provided social
equality, economic equality political justice for development of these people. Reservation policy
though not successful completely, but is helpful to same extent for development of weaker
sections. The atrocities committed against weaker section are being dealt with by SC and ST

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Commission, which has been existed with legal powers. Similarly, the atrocities committed on
women including the women from weaker sections being monitor by National Commission for
women. The labour sections also protect by various legislations, but after introduction of the
globalization the implementation of labour laws are liberalized. All these efforts are meager for
upbringing weaker sections. Having awareness would be the main criteria for maintain equality
in societies.

BIBLIOGRAPHY:

Books and treaties:

1.Social Policy, Law and Protection of Weaker Sections of Society,by D.N. Saraf .

2.Constitutional safeguard foe weaker section, by Bindeshwar Pathak .

Online Sources :

1. http://data.conferenceworld.in/ICSSR/97.pdf

2. http://shodhganga.inflibnet.ac.in/bitstream/10603/23295/11/12_chapter%206.pdf

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