Professional Documents
Culture Documents
Weaker Sections of Society and The Constitution - A Socio-Legal Analysis - Ipleaders
Weaker Sections of Society and The Constitution - A Socio-Legal Analysis - Ipleaders
This article is written by Manasvee Malviya, from the University of Petroleum and Energy
Studies, Dehradun. This article talks about weaker sections of society and the role of the
constitution in uplifting the weaker sections.
Table of Contents
Introduction
The Indian society and weaker sections of the society
What are weaker sections of society?
Empowerment of weaker sections
Constitutional provisions for the protection of weaker sections
Statutory provisions for the upliftment and development of the weaker section
Scheduled Castes
Protection of Civil Rights Act, 1955
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
National Commission of Scheduled Castes
Schemes
Schedule tribes
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
The National Commission of Scheduled Tribes
Schemes
Other Backward Classes
The National Commission for Backward Classes Act, 1993
The National Backward Classes Finance and Development Corporation
The possible future of the weaker sections of the society
Conclusion
References
Introduction
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 1/1
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
At the time of drafting the constitution, the makers faced many challenges; first, India is a
caste-ridden society, thus entire population divided into sections/ communities; second,
the makers have to safeguard and protect different religions, cultures, and languages of
different sections of society and third, removing discrimination (it is the major reason for
social suffering by weaker sections). The framers of the Constitution envisaged the principle
of equality. Also, focused upon the development and welfare of the citizens in general. So
that, every individual is at the same pace, resulting in the development of the nation. Thus,
many amendments have been passed since the constitution came into effect to uplift the
weaker section of the society. This article will discuss the weaker sections of the society
and how the constitutional provisions help in the upliftment of the weaker sections.
As of now, India is working to fill the gaps between the powerful and the weaker sections of
society. Through implementing different government and non-government schemes.
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 2/1
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
1. Scheduled castes
2. Scheduled tribes
But this list is not exhaustive. Women, aged persons, disabled, sexual minorities are
also deprived of the benefits and they are ill-treated. Thus, weaker sections that face
discrimination include- women, scheduled castes(SC), scheduled tribes (ST), children,
disabled, aged, poor migrants, sexual minorities, people suffering from HIV/AIDS, and other
backward classes. The Constitution has provided provisions not only for SC/STs, backward
classes but also for the other weaker sections of society.
Article 14 of the constitution provides for the equal protection of law and equality before
the law. Therefore, irrespective of class every citizen has the right to be treated equally
before the law.
2. Socially and economically backward classes/ scheduled castes / scheduled tribe [Article
15(4) & Article 15(5)].
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 3/1
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
Article 19(5) provides that the state is allowed to restrict freedom of movement for the
benefits of the Scheduled tribe.
Article 21 provides that every person is entitled to the right to life and personal liberty
except the procedure established by law. Irrespective of the castes, sex, religion, or
place of birth everyone is entitled and they can’t be deprived of his life.
Article 21A provides that all children between the age of 6 to 14 years are entitled to free
and compulsory education.
Article 24 prohibits the employment of children below the age of 14 years in factories,
mines, or any other hazardous employment. This article prohibits:
1. Child labour
3. Mines
4. Hazardous employment
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 4/1
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
Article 25 provides that every person has freedom of conscience and they are entitled
equally to profess, propagate and practise any religion. This freedom is subjected to
public order, health and morality. Article 25(2)(b) provides that nothing in this article
will prevent the state from making or it won’t affect any pre-existing law for providing
social welfare and reform or tossing Hindu religious institutions of a public character to
all classes.
Article 29 protects the interest of minorities, any citizen residing in India having a distinct
language or a culture. They have the right to conserve the culture/language/script of
their own. Further, any citizen based on religion, race, or castes cannot be
denied admission to any educational institution funded by the state.
Article 30 minorities either based on religion or language have the right to establish and
administer educational institutions.
Article 38 states must ensure and promote the welfare of the people by promoting and
securing as effectively as may be a social order and must act to minimize inequalities in
terms of income, status, facilities, and opportunities available.
Article 39 provides the policy which is to be considered by the states. Like, men and
women are equally entitled to adequate means of livelihood, equal pay for equal work for
men and women, the health of the worker, no abuse against youth, children are
provided with the opportunity to develop healthily to secure, and no citizen must be
forced out of economic necessity to pursue something which unsuited for their age or
quality.
Article 39A states must provide free legal aid to the people who can’t afford it because of
economically weaker sections or due to some disabilities.
Article 41 provides that the state has the power/capacity to make provisions within the
economic limits to secure the right to education, the right to work, and the right to public
assistance in certain cases. For this Article, certain cases include old age, disablement,
sickness, or any other condition. The Supreme Court while interpreting this article in
many cases held that the state must make effective provisions for securing the rights of
the disabled and for the people suffering from other infirmities within the economic
capacity of the state.
Article 42 provides that the state must make provisions to secure any other hazardous
employment in the just and humane conditions of work and maternity relief.
Protecting the employment of women during the maternity period.
Article 46 under the Directive Principles of State Policy provides that the State must
promote the educational and economic interests of the scheduled castes, scheduled
tribes, and the weaker sections of the society with due care. Also, the state must protect
the SC, ST & weaker sections from exploitation and social injustice.
Part XVI of the Constitution deals with special provisions relating to certain classes. This
part provides political empowerment to the scheduled castes, scheduled tribes, and other
classes. Article 330 and Article 332 reserve seats for scheduled castes and scheduled
tribes in the house of people and legislative assemblies of the state respectively.
National Commission for scheduled castes and scheduled tribes have been established
under Article 338 and Article 338A respectively.
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 5/1
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
Article 340 provides that the president has the authority to investigate the condition of
socially and economically backward classes through appointing a commission to
investigate.
Scheduled Castes
Schemes
Scheduled castes suffer extreme social and economic backwardness due to the practice of
untouchability. The government has implemented schemes for social, educational, and
economical empowerment of the scheduled tribes. For example, the Scheme of
Upgradation of Merit of SC Students was established to upgrade the merit of SC students in
class 9th to 12th by providing educational facilities.
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 6/1
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
Schedule tribes
Schemes
The government is committed to the welfare and ensuring equal opportunities in education
and employment for scheduled castes and scheduled tribes. Various schemes have been
implemented particularly for the upliftment of scheduled tribes. For example, the National
Overseas Scholarship for Scheduled Tribe Students, this scheme provides financial
assistance on merit to ST students for pursuing higher studies in foreign universities.
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 7/1
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
Preferential treatment must be continued to raise the weaker sections from the
backwardness. The constitution has provided many provisions regarding the upliftment of
the weaker sections, and they have been utilizing the opportunities provided to the fullest.
The weaker sections are combating all the educational and economic barriers faced by them
but few are still suffering and the Covid pandemic has worsened the situation. Not only for
the economically weaker section but also the general public. The nationwide lockdown
imposed by the government has impacted the right to livelihood- to earn the basic necessity
of life enshrined under Article 21. These restrictions have especially impacted the weaker
sections to earn necessities of life. Therefore, it is the constitutional duty of the state to
protect the weaker sections of society.
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 8/1
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
Conclusion
Over the past years, the government has effectively worked to protect, promote and
uplift the weaker sections of the society and measures have been taken to fill the gap
between the weaker populations and the remaining population. The empowerment of
weaker sections of society has become an important point of discussion for politicians,
policymakers, socialists, etc. Strengthening of the weaker sections involves social,
educational, economic, and political strengthening. The state must be exceptionally careful
while implementing the provisions related to instructive and monetary upliftment of the
weaker population.
References
http://data.conferenceworld.in/ICSSR/97.pdf
https://ddceutkal.ac.in/Syllabus/MSW/Paper-8.pdf
https://core.ac.uk/download/pdf/144509506.pdf
https://shodhganga.inflibnet.ac.in/handle/10603/237787
LawSikho has created a telegram group for exchanging legal knowledge, referrals, and
various opportunities. You can click on this link and join:
https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA
Follow us on Instagram and subscribe to our YouTube channel for more amazing
legal content.
Did you find this blog post helpful? Subscribe so that you never miss another post! Just complete this form…
Name
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 9/1
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
Email Address
10-6=?
SUBSCRIBE!
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 10
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
Register now
Name
Email
Your Name
Your Email
Which country are you from?
Select your country Select your country
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 11
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 12
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 13
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
+962 - JO (Jordan)
+81 - JP (Japan)
+254 - KE (Kenya)
+996 - KG (Kyrgyzstan)
+855 - KH (Cambodia)
+686 - KI (Kiribati)
+269 - KM (Comoros)
+1869 - KN (Saint Kitts And Nevis)
+850 - KP (Korea Democratic Peoples Republic Of)
+82 - KR (Korea Republic Of)
+965 - KW (Kuwait)
+1345 - KY (Cayman Islands)
+7 - KZ (Kazakstan)
+856 - LA (Lao Peoples Democratic Republic)
+961 - LB (Lebanon)
+1758 - LC (Saint Lucia)
+423 - LI (Liechtenstein)
+94 - LK (Sri Lanka)
+231 - LR (Liberia)
+266 - LS (Lesotho)
+370 - LT (Lithuania)
+352 - LU (Luxembourg)
+371 - LV (Latvia)
+218 - LY (Libyan Arab Jamahiriya)
+212 - MA (Morocco)
+377 - MC (Monaco)
+373 - MD (Moldova, Republic Of)
+382 - ME (Montenegro)
+1599 - MF (Saint Martin)
+261 - MG (Madagascar)
+692 - MH (Marshall Islands)
+389 - MK (Macedonia, The Former Yugoslav Republic Of)
+223 - ML (Mali)
+95 - MM (Myanmar)
+976 - MN (Mongolia)
+853 - MO (Macau)
+1670 - MP (Northern Mariana Islands)
+222 - MR (Mauritania)
+1664 - MS (Montserrat)
+356 - MT (Malta)
+230 - MU (Mauritius)
+960 - MV (Maldives)
+265 - MW (Malawi)
+52 - MX (Mexico)
+60 - MY (Malaysia)
+258 - MZ (Mozambique)
+264 - NA (Namibia)
+687 - NC (New Caledonia)
+227 - NE (Niger)
+234 - NG (Nigeria)
+505 - NI (Nicaragua)
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 14
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
+31 - NL (Netherlands)
+47 - NO (Norway)
+977 - NP (Nepal)
+674 - NR (Nauru)
+683 - NU (Niue)
+64 - NZ (New Zealand)
+968 - OM (Oman)
+507 - PA (Panama)
+51 - PE (Peru)
+689 - PF (French Polynesia)
+675 - PG (Papua New Guinea)
+63 - PH (Philippines)
+92 - PK (Pakistan)
+48 - PL (Poland)
+508 - PM (Saint Pierre And Miquelon)
+870 - PN (Pitcairn)
+1 - PR (Puerto Rico)
+351 - PT (Portugal)
+680 - PW (Palau)
+595 - PY (Paraguay)
+974 - QA (Qatar)
+40 - RO (Romania)
+381 - RS (Serbia)
+7 - RU (Russian Federation)
+250 - RW (Rwanda)
+966 - SA (Saudi Arabia)
+677 - SB (Solomon Islands)
+248 - SC (Seychelles)
+249 - SD (Sudan)
+46 - SE (Sweden)
+65 - SG (Singapore)
+290 - SH (Saint Helena)
+386 - SI (Slovenia)
+421 - SK (Slovakia)
+232 - SL (Sierra Leone)
+378 - SM (San Marino)
+221 - SN (Senegal)
+252 - SO (Somalia)
+597 - SR (Suriname)
+239 - ST (Sao Tome And Principe)
+503 - SV (El Salvador)
+963 - SY (Syrian Arab Republic)
+268 - SZ (Swaziland)
+1649 - TC (Turks And Caicos Islands)
+235 - TD (Chad)
+228 - TG (Togo)
+66 - TH (Thailand)
+992 - TJ (Tajikistan)
+690 - TK (Tokelau)
+670 - TL (Timor-leste)
+993 - TM (Turkmenistan)
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 15
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
+216 - TN (Tunisia)
+676 - TO (Tonga)
+90 - TR (Turkey)
+1868 - TT (Trinidad And Tobago)
+688 - TV (Tuvalu)
+886 - TW (Taiwan, Province Of China)
+255 - TZ (Tanzania, United Republic Of)
+380 - UA (Ukraine)
+256 - UG (Uganda)
+1 - US (United States)
+598 - UY (Uruguay)
+998 - UZ (Uzbekistan)
+39 - VA (Holy See (vatican City State))
+1784 - VC (Saint Vincent And The Grenadines)
+58 - VE (Venezuela)
+1284 - VG (Virgin Islands, British)
+1340 - VI (Virgin Islands, U.s.)
+84 - VN (Viet Nam)
+678 - VU (Vanuatu)
+681 - WF (Wallis And Futuna)
+685 - WS (Samoa)
+381 - XK (Kosovo)
+967 - YE (Yemen)
+262 - YT (Mayotte)
+27 - ZA (South Africa)
+260 - ZM (Zambia)
+263 - ZW (Zimbabwe)
No results
Phone
I want to know more about the lawsikho courses
Your
Yes Phone
Register now
No
Bootcamp starting in
0
Days
1
HRS
21
MIN
56
SEC
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 16
6/18/22, 4:38 PM Weaker sections of society and the Constitution : a socio-legal analysis - iPleaders
https://blog.ipleaders.in/weaker-sections-society-constitution-socio-legal-analysis/#What_are_weaker_sections_of_society 17