IITM SCHOOL OF MASS COMMUNICATION

CONTEMPORARY INDIA:AN
OVERVIEW
CLASS NOTES: UNIT 4 (BAJMC103)

BAL KRISHNA MISHRA, ASSISTANT PROFESSOR

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 1.Marginalization, Socio-Economic
Equality and Reservation

In the last unit we had discussed Indian Economy. In Unit 4 of the course
"Contemporary India: An Overview", we shall discuss major issues and concerns of
India as a whole. Over the four lessons of this unit we shall discuss issues such as
Marginalization, Socio-Economic Equality, Reservation; Women Safety, Gender
Equality, Activism; Public Health, Hygiene & Sanitation: Swachh Bharat Abhiyaan;
Judicial Activism.

In the present lesson of this unit we shall study about marginalization, socio-economic
equality and reservation.

_
1.0 Objectives
After reading this lesson you will be able to:
 Describe rationale behind marginalization,
 Understand socio-economic equality and reservation in India.

1.1 Introduction
Marginalisation affects millions of people throughout the world. The living
condition of marginalized population is very poor. Due to some social
circumstances, they are unable to fulfill their basic needs like shelter, even one
time of food, poor health condition. In common language, they are known as
economically weaker section or below poverty line people. This has a negative
impact on development of human beings, as well as on society at large. As the
objective of development is to create an enabling environment for people to
enjoy a productive, healthy, and creative life, it is important to address the issue
of marginalization. The government has taken number of initiatives to uplift
these population upto mainstream population. In this section we will understand
the various rationale behind the marginalization, their socio-economic condition
and reservation policies and other initiatives taken by the governments.

1.2 Marginalization
Marginality is a living condition that affects millions of people throughout the
world. People who are marginalized have relatively little control over their lives
and the resources available to them. This results in making them handicapped
in earning their share from the society. A vicious circle is set up whereby their
lack of positive and supportive relationships means that they are prevented from
participating in local life, which in turn leads to further isolation. This has a
tremendous impact on development of human beings, as well as on society at
large. As the objective of development is to create an enabling environment for
people to enjoy a productive, healthy, and creative life, it is important to address
the issue of marginalization.

Social exclusion, or social marginalization, is the social disadvantage and

relegation to the fringe of society. It is a term used widely in Europe and was
first used in France. It is used across disciplines including education, sociology,
psychology, politics and economics.

Social exclusion is the process in which individuals or entire communities of

people are systematically blocked from (or denied full access to) various rights,
opportunities and resources that are normally available to members of a
different group, and which are fundamental to social integration within that
particular group (e.g., housing, employment, healthcare, civic engagement,
democratic participation, and due process).

Alienation or disenfranchisement resulting from social exclusion can be

connected to a person's social class, race, skin color, educational status,
childhood relationships, living standards, or personal choices in fashion. Such
exclusionary forms of discrimination may also apply to people with a disability,
minorities, LGBT people, drug users, institutional care leavers, the elderly and
the young. Anyone who appears to deviate in any way from perceived norms of
a population may thereby become subject to coarse or subtle forms of social
exclusion. The outcome of social exclusion is that affected individuals or
communities are prevented from participating fully in the economic, social, and
political life of the society in which they live.

Social justice and equality are complementary to each other so that both should
maintain their vitality. The constitution commands justice liberty, equality and
fraternity as supreme values to usher in the egalitarian social economic and
political democracy. Social justice equality and dignity of person are corner
stone of social democracy.

The concept of social justice which the democracy of India engrafted consists of
diverse principles essential for the orderly growth and development of
personality of every citizen. Rule of law therefore, is a potent instrument of social
justice to bring about equality in results.
1.3 Socio-Economic Equality
Socio-economic inequality is a great issue in India. It is a hurdle in economic
development and also a cause of marginalization. The following issues can be
considered as main cause in socio-economic inequality:

1.3.1 Population Explosion

1.3.2 Illiteracy
1.3.3 Poverty
1.3.4 Caste Conflicts
1.3.1 Population Explosion

Population explosion is one of the most important problem in India. Several

solutions to control the rate of population increase have been tried by the
government, some successful, some unsuccessful. Although the rate of
increase has decreased, the rate has not reached the satisfactory level yet. The
population in India continues to increase at an alarming rate. The effects of this
population increase are evident in the increasing poverty, unemployment,
pollution and shortage of basic resources like food, health and educational
resources. Increasing demand of infrastructure like housing, transport,
sanitation, water, electricity, roads etc. are also cause of increasing population.

The main factors affecting the population change are the birth rate, death rate
and migration. The birth rate is the ratio between births and individuals in a
specified population and time. The death rate is the ratio between the number
of deaths and individuals in a specified population & Migration is the number of
people moving in (immigration) or out (emigration) of a country, place or locality.
The population change is calculated by the formula:

Population change = (Births + Immigration) – (Deaths + Emigration)

The recent increase in the population has been caused due to the following
major reasons:

1. Increase in Birth Rate

2. The decrease in death rate

3. Immigration to better developed cities

1. Increase in Birth Rate

a. Low Income: India currently faces a vicious cycle of population explosion

and economic status. One of the most important reasons for this population
increase in India is low income. The people, who have to struggle to make two
ends meet, produce more children because more children mean more earning
hands. Also, due to low income, the infant mortality rate among such families is
higher due to the lack of facilities like food and medical resources. Thus, they
produce more children assuming that not all of them would be able to survive.
The end result is a mounting increase in the population size of India. Due to the
increase in population, the problems of scarce resources, jobs, and poverty
increases. Thus the cycle continues leading to an ever-increasing population
that we see today.

b. Religious beliefs, Traditions and Cultural Norms: India‘s culture runs very
deep and far back in history. A lot of families prefer having a son rather than a
daughter. As a result, a lot of families have more children than they actually want
or can afford, resulting in increased poverty, lack of resources, and most
importantly, an increased population. Another one of India‘s cultural norms is for
a girl to get married at an early age. In most of the backward areas and
communities, families prefer to get their girls married at the age of 14 or 15.
Although child marriage is illegal in India, the culture and the society surrounding
the girls in India does not allow them to oppose such decisions taken by their
family.

2. Decrease in Death Rate: Although poverty has increased and the

development of the country continues to be hampered, the improvements in
medical facilities have been tremendous. This improvement might be
considered positive, but as far as population increase is considered, it has only
been positive in terms of increasing the population further. The crude death rate
in India in 1981 was approximately 12.5, and that decreased to approximately
8.7 in 1999. Also, the infant mortality rate in India decreased from 129 in 1981
to approximately 72 in 1999 .These numbers are clear indications of the
improvements in the medical field. This development is good for the economy
and society of India, but strictly in terms of population, this advancement has
further enhanced the increase in population. The average life expectancy of
people in India has increased from 52.9 in 1975-80 to 62.4 in 2000-05. Although
our near and dear ones would live longer, due to the increase in the population,
the resources available per person would be much less, leading to a decrease
in the curvature of the slope of development instead of a higher gradient. In
addition, abortion is not allowed by several religions that are followed in India.

3. Immigration to better developed cities: In urban areas especially

metropolitan cities like Delhi, immigration plays an important role in the
population increase. Heavy migration from rural and backward areas of the
country and even neighboring countries like Bangladesh, Pakistan and Nepal
migrate to developed cities of India has increasing demand of infrastructure and
basic amenities creating crisis before the city planners.
Available Measures to Control Population: The government of India has
been organizing several programs for limiting the population increase and has
been spending millions of dollars on controlling the birth rate. Some of the
programs have been successful, and the rate of increase has also reduced, but
has still to reach the sustainable rate. Government‘s main emphasis falls on
decreasing the birth rate. Several government-funded agencies like the Family
Planning Association of India spend lot of money on promoting family planning.
These organizations aim to promote family planning as a basic human right and
the norm of a two-child family on a voluntary basis, to achieve a balance
between the population size and resources.

1.3.2 Illiteracy

Education is the most important instrument for social and economic

transformation of the country. A well educated population, adequately equipped
with knowledge and skill is not only essential to support economic growth, but is
also a precondition for growth to be inclusive since it is the educated and skilled
person who can stand to benefit most from the employment opportunities which
growth will provide. In India, considerable emphasis has been given to literacy,
school enrolment, and networks of schools and spread of institutions of higher
education including technical education over the decades. The literacy rate has
gone up from 18.33% in 1951 to 74% in 2011.

India has a vast population and to capture the potential demographic dividend,
to remove the acute regional, social and gender imbalances, the government is
committed to make concerted efforts for improving the quality of education as
mere quantitative expansion will not deliver results in view of fast changing
domestic and global scenario.

The Ministry of Human Resource Development has exclusively two

Departments i.e. one is Department of School Education and Literacy and the
other one department is Department of Higher Education. The vision of the
Department of School Education & Literacy is to ensure education of equitable
quality for all fully harness the nation's human potential, and the vision of
Department of Higher Education is to realize India's human resource potential
to its fullest in the education sector, with equity and excellence.

To meet the objectives mentioned above, the Ministry's endeavor has been to
achieve "Education for All" with an inclusive approach. Elementary education
comprising primary and upper primary, forms the foundation of the education
pyramid. Hence, to strengthen this foundation and to achieve the goal of
universal access to quality education for all, the Right of Children to Free and
Compulsory Education (RTE) Act, 2009 became operative on April 1, 2010.
Further to enhance enrolment, retention and attendance and simultaneously
improving nutritional levels among children, the major intervention includes
'National Program of Mid-Day Meal (MDM) in schools'. At the same time, the
Sarva Shiksha Abhiyan (SSA) is being implemented to achieve the goals of
universal access and retention, bridging of gender and social gaps in enrolment
levels and enhancement of learning levels of children.

Education is not only an instrument of enhancing efficiency but also an efficient

tool for augmenting and widening democratic participation and upgrading the
overall quality of individual and society.

Education is primarily the responsibility of the individual state governments. But

the union has a clear responsibility regarding the quality and character of
education in the nation, in addition to policy formulation. The Department of
Education of the Ministry of Human Resource Development shares with the
states the responsibility for educational planning.

1.3.3 Poverty

Poverty is one of the main issues, attracting the attention of sociologists and
economists. It indicates a condition in which a person fails to maintain a living
standard adequate for a comfortable lifestyle. Though India boasts of a high
economic growth, it is shameful that there is still large scale poverty in India.
Poverty in India can be defined as a situation when a certain section of people
are unable to fulfill their basic needs. Most of them are daily wagers, landless
laborers and self-employed house holders. There are a number of reasons for
poverty in India. Poverty in India can be classified into two categories namely
rural poverty and urban poverty. It is a condition of an individual in which his
income is so low that he is unable to feed or provide shelter for himself and his
family members. Those who do not have such income are called poor. Poverty
is also an inability to earn sufficient income to arrange two square meals a day
for him as well as family members. So, they are considered to live below poverty
line. In the urban poverty is the result of migration of rural people to urban areas
for work and wages. They have in slum areas in unhygienic condition. Extensive
unemployment is also responsible for urban poverty. On the basis of human
factor, poverty cannot be measured only on economic terms, It should also be
measured terms of deprive So, human poverty can be measured on the basis
of three elements of human life- Longevity, knowledge and decent standard of
living. In this sense, human poverty is denial of tolerable life.

1.3.4 Caste conflicts

More fundamental has been the economic development and social mobility of those
groups officially designated as Backward Classes and Scheduled Castes. The
Backward Classes and Scheduled Castes, or Dalits as they prefer to be called,
constitute a diverse range of middle, lower, and outcaste groups who have come to
wield substantial power in most states.
 India‘s social structure is best understood in terms of caste system wherein the
cast is hierarchically arranged. Over the years, the caste system developed into
an elaborate system to maintain socio-economic inequalities in the society.
Individuals born in and belonging to the lower castes and the out-castes suffered
from many disadvantages and were oppressed and exploited by the upper
castes. The conditions of the outcast is (Dalits) was particularly pathetic. The
practice of untouchability epitomized their conditions.

The socio-religious movements of the 19th century had made the lower castes
conscious of their backward conditions and also of their rights that had been
denied to them over the centuries. As a result, many amongst them were no
longer prepared to accept their inferior status as divinely ordained. In the
backdrop of this awakening, the introduction of democratic principle of
governance, the emergence of party-centered politics and the attempt of the
British rulers to mobilize the lower and the out-castes along with the Muslims in
its support to thwart the growing national movement — all combined to prepare
the ground for the politicization of the castes. By the time India gained
Independence, the backward classes, because of politicization, had become a
force to reckon with.

1.4 Reservation
Reservation in India is always controversial, and a debate head for all aware
and educated people in India. Although, it provides facilities to a small group of
people, on the basis of caste and religion, yet it also creates dis-satisfaction in
a comparatively larger group of the discriminated people. The demand for
reservation is spreading like a viral disease among the Indian mass. The most
depressing aspect of reservation is that it is going to be a lethal risk for the unity
and dignity of India. It is shameful that political parties make it their election
agenda for their personal benefits. The demand for reserving seats in jobs, both
in government as well as private sector, on the basis of caste, religion, minority
and domicile is increasing day by day, among the Indian mass. The recent
Gurjar (Gujjar) upheaval in Rajasthan and Patel in Gujarat is one of the lustrous
examples of it.

The history of the current reservation system goes back to 1882, under the
British rule, when Jyotirao Govindrao Phule (Mahatma Jyotiba Phule) made a
demand of free and compulsory education for all along with proportionate
reservation and representation in government jobs. But The demand for
reservation of government jobs was made as early as 1891 with an agitation in
the princely State of Travancore against the recruitment of non-natives into
public service overlooking qualified native people. After that this trend started in
the princely states of Baroda, Kolhapur, Mysore and some others, one after
another.
Reservations were introduced in favour of a number of castes and communities
that had little share in the administration by the British in the year of 1908. But
the official provisions for reservation were introduced in the Government of India
Acts of 1909 and 1919. Communal Reservations were first introduced in Madras
Presidency in 1921, in which reservation of 44 percent for non-Brahmins, 16
percent for Brahmins, 16 percent for Muslims, 16 percent for Anglo-Indians and
Christians and eight per cent for Scheduled Castes were distributed. This gave
breath to communalism in India for the first time.

Provisions for clear caste-based reservations were launched by the Government

of India Act, 1935. In the same year, Indian National Congress passed a
resolution to allocate separate electoral constituencies for depressed classes.
Dr. Ambedkar also established the All India Depressed Classes federation and
demanded reservations for the Scheduled castes in government services and
education.

In 1947, the great years of Indian freedom, the newly implemented constitution
of India prohibits discrimination on the grounds caste, race, religion, sex and the
place of birth, and provide equality of opportunity to all Indian citizens. But on
the other hand, it contains special clauses for the advancement of any socially
and educationally depressed classes of citizens or for the Scheduled Castes
and the Scheduled Tribes. Separate constituencies allocated to scheduled
castes and tribes to ensure their political representation for 10 years. But
subsequently this time limit is being extended for every 10 years through various
constitutional amendments. After the independence of India, many commissions
and committees were established to review this situation in which Khalelkar
Commission (1953) and Mandal Commission (1979) are remarkable. Mandal
Commission was established to assess the situation of the socially and
educationally backward. Mandal Commission submitted a report in 1980 and
recommended changes to the existing quotas, increasing them from 22% to
49.5%.

As of 2006 number of castes in Backward class list went up to 2297 which is the
increase of 60% from community list prepared by Mandal Commission. Mandal
commission recommendations were implemented in Government Jobs in the
year of 1990, during the Congress Government. In 1991, Government
introduced 10% separate reservation for Poor among Forward Castes. In 1995,
a permitting reservation in promotions to the Schedule Castes and Schedule
Tribes was introduced through constitutional amendment.

In the year of 1998, Central Government conducted large nationwide survey for
the first time to estimate economical and educational status of various social
groups. National surveys indicated that the status of OBC is comparable to
forward castes in many areas. In 2005 reservation ensured to OBC, SC and ST
in Private Educational Institutions through the 93rd Constitutional amendment.
Reservation was introduced for other backward classes in Central Government
Educational Institutions in the year of 2006. Thus the total reservation went up
to 49.5 percent. But the Supreme Court, in 2007, gave stay on OBC reservation
in Central Government Educational Institutions. In 2008, The Supreme Court
upheld the Government‘s move for initiating 27% OBC quotas in Government
funded institutions.

The goal of reservation in India has been to bring about an improvement in the
welfare who, have been economically, socially, mentally and educational
depressed. But, in arriving at this judgement about who should be eligible for
reservation, the criterion has been a person‘s caste rather than his income or
wealth. In practice, a large number of persons, who are really backward, couldn‘t
be regarded as backward. Thus many of the benefits of reservation have been
captured by well-off groups from the depressed persons and comparatively
poorer ungrouped persons, who are not categorized in these so called
backwards, have failed to benefit. I personally know many of such persons in
my hometown, who have a rather good education and economic condition but
they are all having benefits of various government schemes for backwards.

For changing these graphs, the government, and the officials and of course, the
people should try to change their attributes towards reservations. The
government should concentrate on the modest improvements of the educational
level of Scheduled Castes, Schedule Tribes, and Other Backward Classes.
Because these backward groups would be class-educated, they will be selected
for the jobs without any Reservation, on their own behalf, both in Government,
as well as Private Sector. All political parties should prohibit the reservation as
their election agenda, as it intends to increase the communalism and tension in
between the people of various states. The only thing we need is honest effort to
solve this issue, which India is struggling with, for more than a century.

1.4.1 Reservation Policy

Keeping in mind the conditions of the backward classes, the constitution framers
made special provisions for the upliftment of the backward classes. The special
provisions are in the form of protective discrimination. The policy of reservation
is an instance of protective discrimination. Before we discuss the policy of
reservation and its constitutional provisions, let us briefly look at the
constitutional provisions relating to the backward classes. Articles 38 and 46 in
the chapter of Directive principles, enjoin upon the state the duty to strive for the
welfare of the people in general and the backward classes in particular. Article
38 states: 1) the state shall strive to promote the welfare of the people by
securing and promoting as effectively as it may a social order in which Justice
— social, economic and political shall form all institutions of national life; 2) the
state shall in particular, strive to minimize the inequalities in income, and
endeavour to eliminate the inequalities in status, facilities and opportunities not
only amongst individuals but also amongst group of people residing in different
areas and engaged in different vocations. Article 46 stipulates: ―The state shall
promote with special care the educational and the economic interest of the
weaker sections of the people and in particular, of the Scheduled Castes and
Tribes and shall protect them from injustices and all forms of exploitation.‖ The
policy of reservation is based on the principle of protective discrimination.
Protective discrimination in favour of the backward classes was felt necessary
by the constitution makers because of the realization that equality of opportunity
alone would not suffice to bring the backward classes at par with the rest of the
society. Equality of opportunity in absence of equality of conditions would result
in deepening of inequality instead of promoting equality. One must note here
that the provision of protective discrimination is not an exception to but integral
to the Right to Equality.

1.4.2 Reservation for SCS and STs

The constitution recognizes three categories of people as backward classes.
The constitution provides for three types of reservations for the SCs and STs.
These are (1) reservation of jobs in government services and in public sector,
(2) reservation in educational institutions, and (3) reservations in legislative
representations. Under Articles 16(A), 320(4) and 333, 15% and 7% of the jobs
are reserved at all levels in the public services for the SCs and STs respectively.
This reservation however, must as far as it may be, consistent with the
maintenance of efficiency of the administration (Article 35). Article 15(4) deals
with the reservation of seats in the educational institutions. Article 15(4) states:
―Nothing in Article 15 or clause (2) of Article 29 shall prevent the state from
making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and
Scheduled Tribes.‖ Accordingly, the Union and the State governments have
reserved 20% of the seats in all educational institutions maintained by public
money. Moreover, qualifications for admission have also been relaxed for the
SCs and STs so that they can get access to educational opportunities. Articles
330 and 332 provide for reservation of seats in the Lok Sabha and State
Legislative Assemblies. 78 seats for the SCs and 38 seats for the STs are
reserved in the Lok Sabha. In State Legislative Assemblies 540 and 282 seats
are reserved for SCs and STs respectively. Moreover seats are also reserved
in the Panchayati Raj institutions.

1.4.3 Reservation for OBCs

As we have already noted, the task of specifying and identifying Other Backward
Classes (OBCs) was left to the union and state government. In many States
where the backward classes movement was strong, such as in Tamil Nadu,
Andhra Pradesh, Kerala, Gujarat, Bihar and Uttar Pradesh to name a few, the
state governments have reserved jobs at all levels in the public services and
seats in educational institutions. The Union government, however, took a very
long time in deciding to provide reservation to the OBCs in the central services.

The Union government had as early as 1953 appointed Kelkar Commission

under Article 340. The Commission submitted its report in 1956, but its
recommendations were not implemented by the Union government. The second
Commission under Article 340 was appointed by the Janta Party Government in
1978. This Commission known as Mandal Commission submitted its report in
1982. It identified 3943 castes as OBC and recommended 27% reservation in
government and semi-government jobs and admission to educational
institutions. On 13th August 1990 the Union Government headed by V.P. Singh
issued an office memorandum extending reservation to the OBCs on the lines
recommended by the Mandal Commission. Soon thereafter, widespread
protests were staged. Writ petitions were filed in Supreme Court and many High
Courts questioning this measure. The Supreme Court examined the issue in
November 1992 and permitted the Union Government to reserve 27% of the
jobs for the OBCs subject to the exclusion of the ‗creamy layer‘ among the
OBCs. Ramanand Prasad committee was set up by the Union government to
identify the ―creamy layer‖. Once it had done its job, the government executed
the order of 13th August 1990 in September 1993. Thus, we can see that it took
nearly forty years for the union government to provide the benefits of
reservations to the OBCs. It also took as much time to accept caste as a valid
basis for the identification of socially and educationally backward classes. We
must also note that benefits of reservation to the OBC apply only to government
jobs but no seats have been reserved for the OBC in Lok Sabha, and State
Legislative Assemblies — a benefit which has been given to the SCs and STs.

1.4.4 Reservation for Women

Women constitute nearly half of the entire Indian population. But condition of
women in India is miserable, due to illiteracy, poverty and backward social
values. Keeping in view the prevalent circumstances, reservation for the women
was started to emancipate the women from the drudgery of household. A debate
has been going on to ensure women‘s reservation at every level of
representative system of Indian Democracy and even in the state administrative
services. Under the Panchayati Raj system women‘s seats have been reserved
at both the Panchayat level and the block & district levels. Some political parties
are also debating the issue of giving at least 30% tickets to women candidates
for contesting elections of state legislative assembly and also for the
parliamentary elections but women‘s reservation bill is still pending in the
parliament.

1.4.5 Reservation in India – An Analysis

Allocation of quotas on government job promotions for the economically
backward class of schedule tribes and schedule castes is morally wrong,
economically inefficient, filled with flaws and practically ineffective. The policy
merely promises helping the underclass but in truth they don‘t really help the
underclass and in return jeopardize both the underclass and the privileged class,
(though it‘s hard to call them privileged any longer).

India is a developing country with over 1.25 billion people living in it. The
condition of India after 65 years of independence has moved at a sluggish pace
that is considering a move. Corruption, population explosion, inefficiency,
unemployment are at its highest and now to pass a bill allowing provision for job
promotion quota to the under privileged is as good as opening another gold mine
for loot.

All economic policies give rise to gainers and losers. And ‗Pareto Improvement‖
tells us that if the gainers gain more than the losers, then it is theoretically
possible for the gainers to compensate for the losses incurred by the losers.
Thus both the gainers and losers are at a better position than before and this is
an economically efficient policy but on the other hand if the losers lose more
than the gainers have gained then the economy policy has failed and there is
an overall loss. And this is what we are heading at today.

Implementing of quotas in government job promotions is now going to replace

deserving candidates up for promotions with undeserving candidates who will
be promoted because they belong to a particular under privileged class. Here
an undeserving person is defined as that person who is unable to benefit as
much as a deserving candidate would. The schedule caste and schedule tribe
category people within an organization will climb the quick ladder of promotion
and will definitely be looked down upon by their colleagues as there will be
people who would have earned their position at the top because of their own
merit and not with some quota.

Any policy which is based on differentiation will give rise to two distinct groups,
one who will benefit from the policy which in this case are the people belonging
to the scheduled tribe and scheduled class and the others who feel they are
losing out on their natural birth rights and their opinions are going to clash
against each other. And to judge the effectiveness of this policy one just cannot
see the benefits incurred by one group and the losses by another but also from
a neutral point of view and how the change is going to affect the economy of the
country.

We can also see how the recently passed women‘s bill, providing a certain fixed
number of women representatives in the parliament has proved to be ineffective.
There are now constituencies that are only reserved for women. Hence if there
is a well deserving male candidate for the same post he will not be selected
because it has been reserved for women. Here we again see, the big picture is
 lost amidst much cry and hype. Yes women representation is required within the
parliament, but not at the cost of quality functioning of the parliament.

We can see how reservation policies have gone all wrong. Today there are
reservations for schedules castes, scheduled tribes, Muslims, Christians and
the percentage seems to be increasing. One can see this as a deliberate attempt
of the government to keep the people of India from uniting and maintaining of
communal differences. It is through standing on our shoulders they seem to be
noticed among the crowd.

1.5 Summing Up
Keeping in mind the backward conditions of the backward classes, the
constitution makers also made special provisions for the upliftment of the
backward classes. The special provisions are in the form of protective
discrimination. The policy of reservation is an instance of protective
discrimination. The goal of reservation in India has been to bring about an
improvement in the welfare who, have been economically, socially, mentally and
educational depressed. But, in arriving at this judgement about who should be
eligible for reservation, the criterion has been a person‘s caste rather than his
income or wealth. In practice, a large number of persons, who are really
backward, couldn‘t be regarded as backward.

1.6 Assignments
Class Assignment: Write short notes on:
(1) Poverty (2) Reservation for OBCs.
Home Assignment: Write a brief on reservation policy of India.

1.7 Self-check questions

1. Poverty in India is estimated by .

2. Human poverty can be measured on the basis of three elements namely

, & .

3. The Union govt. has reserved jobs for people belonging to OBCs.

4. The constitution recognizes categories of people as backward

classes.

1.8 Terminal questions

Explain the concept of reservations for equal progress of all sections of the
society.
1.9 Possible answers of self-check questions

1. Planning Commission.
2. Longevity, knowledge and decent standard of living.
3. 27%.
4. Three.

1.10 Keywords

1. Poverty: It is a condition of an individual in which his income is so low that

he is unable to feed or provide shelter for himself and his family members.

2. Population change = (Births + Immigration) – (Deaths + Emigration)

1.11 References

1. India.gov.in
2. Jagranjosh.com

1.12 Suggested further readings

1. India 2014: India‘s year book by Ministry of I&B, Publications Division

2. Competitionreview.in
 2. Women Safety, Gender Equality
and Activism

In the last lesson we had studied the Lesson 1: Marginalization, Socio-economic

equality and reservation. In which had discussed about concept of marginalized
population, issues of socio-economic equality and reservation provisions in Indian
Constitution.

In this lesson we will study the Lesson 2: Women Safety, Gender Equality and Activism.

2.0 Objectives
After going through this lesson you should be able to:
• Describe Gender Inequality
• Describe measures to resolve Gender Inequality

2.1 Introduction
Man and woman are both equal and both plays a vital role in the creation and
development of their families in a particular and the society in general. Indeed,
the struggle for legal equality has been one of the major concerns of the
women‘s movement all over the world. In India, since long back, women were
considered as an oppressed section of the society and they were neglected for
centuries. During the national struggle for independence, Gandhi gave a call of
emancipation of women. He wrote – I am uncompromising in the matter of
women‘s rights. The difference in sex and physical form denotes no difference
in status. Woman is the complement of man, and not inferior‖. Thus, the first
task in post-independent India was to provide a constitution to the people, which
would not make any distinctions on the basis of sex. The preamble of
constitution promises to secure to all its citizens- ―Justice - economical, social,
and political‖.
The constitution declares that the equality before the law and the equal
protection of laws shall be available for all. Similarly, there shall be no
discrimination against any citizen on the ground of sex. Article 15(1) guarantees
equalities of opportunities for all citizens in matters of employment. Article 15(3)
provides that the state can make any special provisions for women and children.
Besides, directive principle of state policy which concern women directly and
have a special bearing on their status directly and have a special bearing on
their status include Article 39(a) right to an adequate means of livelihood; equal
pay for equal work both men and women, protection of health and strength of
 workers – men, women, children and Article 42 provides for just and humane
conditions of work and maternity relief.
2.2 Women Safety
The condition of women in India has always been a matter of grave concern.
Since the past several centuries, the women of India were never given equal
status and opportunities as compared to that of their male counterparts. 99
Even in today's times of modernization of society, many working women are still
subjected to immense pressure to shoulder the dual responsibility of a
housewife and a working woman simultaneously with little or no help from their
husbands.
It is the same mentality which, some generations ago, used to think of women
as mere objects of attaining sexual pleasure and a servant of the husband, who
was considered "parameshwar" which literally translates to "supreme God".
The recent incident in which a 23 year old paramedical student was gang-raped
by 6 men inside a moving bus near a posh Delhi locality and thrown off the bus
naked after herself and her male friend were beaten and assaulted with an iron
rod has undoubtedly shocked the nation to its core.
This was reflected in the massive protests that followed the incident, demanding
justice for the victim, who unfortunately succumbed to the damage caused by
her body by the assault (a major part of her intestines had to be removed due to
the spread of gangrenous infection) in a hospital in Singapore.
Although it was a most heinous case of cruelty, it is ironical to note that such
incidents are not actually rare in our country. There are several such cases
happening everyday where females (from infants to old ladies, from upper
middle class women in metro cities to women in villages….the list can be
endless) are subjected to horrendous sexual torture by lustful men who are, in
most cases, known to the victims. One cannot generalize the victims or those
guilty of sexual crimes in India; they come from all strata of society and from
every part of India and belong to all the age groups.
Making stringent laws is necessary to ensure that the guilty in such cases get
the punishment that they deserve and don't walk freely due to the weak
provisions or loopholes of the existing laws. But asserting that stringent laws will
be able to curb male sexual overdrive in India cannot be justified.
Unlike the cases of sexual molestation registered in police stations, there is a
large portion of women in India who are subjected to rape and other forms of
sexual assault on a daily basis and still their cases go unnoticed.
Another category of such women who are bound to indulge in sexual activities
against their wishes are the hundreds of thousands of sex workers in India who
are visited by numerous men every day and even tortured by many of their
clients. They are compelled to do as their clients say as they have no other
 means of feeding themselves and their children other than selling their bodies
to the sex-hungry men of India.
If we take account of all these women and then collectively see the scenario of
sexual crimes against women, it can be easily seen that stringent laws alone
cannot do much. What really needs to be done is the moral overhauling of the
minds of the masses by means of education and awareness.
Strong and stringent laws are definitely necessary as the existing laws have
proved to be inefficient in ensuring swift justice and appropriate punishment to
the guilty. But the actual need of the hour is a revolutionary change in the
mindsets and conscience of Indian men so that they stop seeing women as
objects of sexual pleasure.
2.3 Gender Equality and Activism
‗Gender‘ is a socio-cultural term referring socially defined roles and behaviors
assigned to ‗males‘ and ‗females‘ in a given society; whereas, the term ‗sex‘ is
a biological and physiological phenomenon which defines man and woman. In
its social, historical and cultural aspects, gender is a function of power
relationship between men and women where men are considered superior to
women. Therefore, gender may be understood as a man-made concept, while
‗sex‘ is natural or biological characteristics of human beings.
The word gender refers to the socio-cultural definition of man and woman, the
way societies distinguish men and women and assign them social roles. The
distinction between sex and gender was introduced to deal with the general
tendency to attribute women's subordination to their anatomy. For ages it was
believed that the different characteristics, roles and status accorded to women
and men in society are determined by sex, that they are natural and therefore
not changeable.
Gender is seen closely related to the roles and behavior assigned to women and
men based on their sexual differences. As soon as a child is born families and
society begin the process of gendering. The birth of the son is celebrated, the
birth of a daughter filled with pain; sons are showered with love, respect, better
food and proper health care. Boys are encouraged to be tough and outgoing;
girls are encouraged to be homebound and shy. All these differences are gender
differences and they are created by society. Gender inequality is therefore a
form of inequality which is distinct from other forms of economic and social
inequalities. It dwells not only outside the household but also centrally within it.
It stems not only from pre-existing differences in economic endowments
between women and men but also from pre-existing gendered social norms and
social perceptions.
Gender inequality has adverse impact on development goals as reduces
economic growth. It hampers the overall wellbeing because blocking women
from participation in social, political and economic activities can adversely affect
the whole society. Many developing countries including India have displayed
gender inequality in education, employment and health. It is common to find girls
and women suffering from high mortality rates. There are vast differences in
education level of two sexes. India has witnessed gender inequality from its early
history due to its socio-economic and religious practices that resulted in a wide
gap between the position of men and women in the society.
The origin of the Indian idea of appropriate female behavior can be traced to the
rules laid down by Manu in 200 B.C.: "by a young girl, by a young woman, or
even by an aged one, nothing must be done independently, even in her own
house". "In childhood a female must be subject to her father, in youth to her
husband, when her lord is dead to her sons; a woman must never be
independent." Women's lives are shaped by customs that are centuries old.
"May you be the mother of a hundred sons" is a common Hindu wedding
blessing.
Women face discrimination right from the childhood. Gender disparities in
nutrition are evident from infancy to adulthood. In fact, gender has been the most
statistically significant determinant of malnutrition among young children and
malnutrition is a frequent, direct or underlying, cause of death among girls below
age 5. Girls are breast-fed less frequently and for a shorter duration in infancy.
In childhood and adulthood, males are fed first and better. Adult women
consume approximately 1,000 fewer calories per day than men according to one
estimate. Nutritional deprivation has two major consequences for women: they
never reach their full growth potential, and suffer from anemia, which are risk
factors in pregnancy. This condition complicates childbearing and results in
women and infant deaths, and low birth weight infants.
The tradition also requires that women eat last and least throughout their lives
even when pregnant and lactating. Malnourished women give birth to
malnourished children, perpetuating the cycle. Women receive less healthcare
facilities than men. A primary way that parents discriminate against their girl
children is through neglect during illness. As an adult they tend to be less likely
to admit that they are sick and may wait until their sickness has progressed far
before they seek help or help is sought for them. Many women in rural areas die
in childbirth due to easily preventable complications. Women's social training to
tolerate suffering and their reluctance to be examined by male personnel are
additional constraints in their getting adequate health care.
2.3.1 Provision in Indian Constitution
The Constitution of India ensures gender equality in its preamble as a
fundamental right but also empowers the state to adopt measures of positive
discrimination in favor of women by ways of legislation and policies. India has
also ratified various international conventions and human rights forums to
secure equal rights of women, such as ratification of Convention on elimination
of all forms of discrimination against women in 1993. Women have been finding
place in local governance structures, overcoming gender biases. Over one
million women have been elected to local panchayats as a result of 1993
amendment to the Indian Constitution requiring that 1/3 rd of the elected seats
to the local governing bodies be reserved for women. The passing of Pre-natal
Diagnostic Tech Act in 1994 also is a step in removing gender discrimination.
This Act seeks to end sex-determination tests and female foeticide and prohibits
doctors from conducting such procedures for the specific purpose of determining
the sex of the fetus.
2.3.2 Government Policies
The Government also announced the National policy for empowerment of
women in 2001 to bring out advancement, development and empowerment of
women. The Government has also drawn up a draft National policy for the
empowerment of women which is a policy statement outlining the state's
response to problems of gender discrimination. As persistent gender inequalities
continue we need to rethink concepts and strategies for promoting women's
dignity and rights. UN Secretary General Kofi Annan has stated, "Gender
equality is more than a goal in itself. It is a precondition for meeting the challenge
of reducing poverty, promoting sustainable development and building good
governance." There is a need for new kinds of institutions, incorporating new
norms and rules that support equal and just relations between women and men.
Today women are organizing themselves to meet the challenges that are
hampering their development.
It is really important to note that though the Constitution of India is working since
more than fifty-seven years – the raising of the status of women to one of
equality, freedom and dignity is still a question mark In India, since
independence, a number of laws have been enacted in order to provide
protection to women. For instance the Dowry prohibition Act 1961, The Equal
Remuneration Act 1986, The Hindu Marriage Act 1956, The Hindu Succession
Act 1956, The Muslim Women (Protection of Rights on Divorce) Act, 1986, the
commission of Sati (prevention) Act 1987, Protection of the Women from
Domestic Violence Act 2005, etc. But, the laws have hardly implemented in their
letter and spirit.
The sense of insecurity, humiliation and helplessness always keep a women
mum. Our whole socialization is such that for any unsuccessful marriage which
results in such violence or divorce, it is always the woman, who is held
responsible. Cultural beliefs and traditions that discriminate against women may
be officially discredited but they continue to flourish at the grass root levels.
Family relations in India are governed by personal laws. The four major religious
communities are – Hindu, Muslim, Christian and Parsi each have their separate
personal laws. They are governed by their respective personal laws in matters
of marriage, divorce, succession, adoption, guardianship and maintenance. In
the laws of all the communities, women have fewer rights than that of man in
corresponding situations. It is really that women of the minority communities in
 India continue to have unequal legal rights and even the women of the majority
community have yet to gain complete formal equality in all aspects of family life.
This is basically the problem of gender inequality. But what is this problem and
how this can be solved.
2.4 Gender Inequality
Gender Inequality, in simple words, may be defined as discrimination against
women based on their sex. Women are traditionally considered by the society
as weaker sex. She has been accorded a subordinate position to men. She is
exploited, degraded, violated and discriminated both in our homes and in
outside world. This peculiar type of discrimination against women is prevalent
everywhere in the world and more so in Indian society.
Gender Inequalities refers to the obvious or hidden disparities among individuals
based on the performance of gender. This problem in simple term is known as
Gender Bias which in simple terms means the gender stratification or making
difference between a girl and a boy i.e. a male or a female. In making biasness
among the gender India is ranked 10th out of 128 countries all over the world
which is shameful for us. But this problem is increasing although government
has banned the pre-natal sex examination. In India (in the older times) this
problem is mainly seen in the rural areas because many rural people think that
the girl child is burden on them.
But now this is also being seen in the urban areas i.e. in offices, institutions,
schools and in society. However, inequality between men and women can take
very many different forms. Indeed, gender inequality is not one homogeneous
phenomenon, but a collection of disparate and interlinked problems. The issue
of gender inequality is one which has been publicly reverberating through
society for decades. The problem of inequality in employment being one of the
most pressing issue today.
As a result of this gender bias, the mortality rates of females often exceed those
of males in these countries. In some regions in the world, inequality between
women and men directly involves matters of life and death, and takes the brutal
form of unusually high mortality rates of women and a consequent dominance
of men in the total population, as opposed to the preponderance of women found
in societies with little or no gender bias in health care and nutrition. Mortality
inequality has been observed extensively in North Africa and in Asia, including
China and South Asia.
2.4.1 Types of Gender Inequality
There are many kinds of gender inequality or gender disparity which are as
follows:
1. Nativity inequality: In this type of inequality a preference is given for boys
over girls that many male-dominated societies have, gender inequality can
 manifest itself in the form of the parents wanting the newborn to be a boy
rather than a girl.
2. Professional or Employment inequality: In terms of employment as well as
promotion in work and occupation, women often face greater handicap than
men. A country like Japan and India may be quite egalitarian in matters of
demography or basic facilities, and even, to a great extent, in higher
education, and yet progress to elevated levels of employment and
occupation seems to be much more problematic for women than for men.
The example of employment inequality can be explained by saying that men
get priority in seeking job than women.
3. Ownership inequality: In many societies the ownership of property can also
be very unequal. Even basic assets such as homes and land may be very
asymmetrically shared. The absence of claims to property can not only
reduce the voice of women, but also make it harder for women to enter and
flourish in commercial, economic and even some social activities. This type
of inequality has existed in most parts of the world, though there are also
local variations. For example, even though traditional property rights have
favored men in the bulk of India.
4. Household inequality: There are often enough, basic inequalities in gender
relations within the family or the household, which can take many different
forms. Even in cases in which there are no overt signs of anti-female bias in,
say, survival or son-preference or education, or even in promotion to higher
executive positions, the family arrangements can be quite unequal in terms
of sharing the burden of housework and child care.
5. Special opportunity inequality: Even when there is relatively little difference
in basic facilities including schooling, the opportunities of higher education
may be far fewer for young women than for young men. Indeed, gender bias
in higher education and professional training can be observed even in some
of the richest countries in the world, in India too.
2.4.2 Causes of Gender Inequality
The root cause of gender inequality in Indian society lies in its patriarchy system.
According to the famous sociologists Sylvia Walby, patriarchy is ―a system of
social structure and practices in which men dominate, oppress and exploit
women‖. Women‘s exploitation is an age old cultural phenomenon of Indian
society. The system of patriarchy finds its validity and sanction in our religious
beliefs, whether it is Hindu, Muslim or any other religion.
For instance, as per ancient Hindu law giver Manu: ―Women are supposed to
be in the custody of their father when they are children, they must be under the
custody of their husband when married and under the custody of her son in old
age or as widows. In no circumstances she should be allowed to assert herself
independently‖.
The above described position of women as per Manu is still the case in present
modern day social structure. Barring few exceptions here and there, women
have no power to take independent decisions either inside their homes or in
outside world. In Muslims also the situation is same and there too sanction for
discrimination or subordination is provided by religious texts and Islamic
traditions. Similarly in other religious beliefs also women are being discriminated
against in one way or other. The unfortunate part of gender inequality in our
society is that the women too, through continued socio-cultural conditioning,
have accepted their subordinate position to men. And they are also part and
parcel of same patriarchal system.
Extreme poverty and lack of education are also some of the reasons for
women‘s low status in society. Poverty and lack of education derives countless
women to work in low paying domestic service, organized prostitution or as
migrant laborers. Women are not only getting unequal pay for equal or more
work but also they are being offered only low skill jobs for which lower wages
are paid. This has become a major form of inequality on the basis of gender.
Educating girl child is still seen as a bad investment because she is bound to
get married and leave her paternal home one day. Thus, without having good
education women are found lacking in present day‘s demanding job skills;
whereas, each year‘s High School and 10+2 standard results show that girls are
always doing better than boys. This shows that parents are not spending much
after 10+2 standard on girl child and that‘s why they lack in job market.
So the inequality or discrimination against women is at various levels in the
society, either in home or outside home.
The meaning and Definition of social justice in the reference of the equality:
Socialist writer-define, social justice, in term of need. Need these two criteria
can be put under to concepts of equality -
1. Formal equality means that law is treats everyone equal and does not favour
anyone either because he belongs to the advantage section of the society or
disadvantage section of the society.
2. Concept of proportional equality - Expects the state to take affirmative action
in favors of disadvantage section of the society within the frame work of liberal
democracy. Constitution of India, articles 14 & 16 equality-violation gives grant
of discretionary powers. The basic principal under laying Art.14 is that the law
must be operating all people equally on all people under like circumstances.
Every discretionary power is not necessarily discriminatory. Equality is not
violated by mere conferment of discretionary power. It is violated by arbitrary
exercise by those whom it conferred. In M. Nagraj vs. Union of India, Supreme
Court held that, Social justice is one of the sub-divisions of the concept of justice.
It is concerned with the distribution of benefits
2.4.3 Measures to Resolve Gender Inequality
1. Changes at District level mechanism: A clear cut administrative should be
made available at the district level for monitoring and reviewing the incidence of
inequality against women. This district level machinery headed by District
Magistrate should consist of representatives of police, prosecution machinery,
judiciary and the representatives of prominent individuals of women‘s
organizations in the Districts. This committee should review progress of
investigation and prosecution. At least one special cell should be created at the
district level for ensuring better registration and progress of investigation and
monitoring of crimes against gender equality. This special cell should network
with community groups and women‘s organizations and help to create an
atmosphere in which people would feel encouraged to freely report the cases of
gender injustice. At present, most, non-reporting of the cases is due to lack of
confidence in enforcement machinery.
The reporting of violence against women from the Thana to the district level and
from district level to the state level gets obscured in the overall mass and
complexities of the currently prescribed reporting system. Specific format should
be created and implemented for reporting on gender-related crimes.
2. Changes at State level Mechanism: Similarly, like District level mechanism
there should be State level machinery at the State level in which there should
be special entry for those cases which needs prompt actions. This institution will
make a full control over the district level machinery. To rule out the possibility of
corruption or fraud involved innocent persons.
3. Sensitization of Criminal Justice system: The police officers, prosecutors, and
judges at all levels of hierarchy need to be exposed to the gender equality
education which would enlighten them on existing assumptions, myths and
stereotypes of women and how these can interfere with fair and equitable
administration of justice. Judicial system should comprise of all types of officers
i.e. from judiciary i.e. judges, police officers and which should take immediate
action in serious cases.
4. Family Law: Another of wrong is family law also. In this accused can be
punished under Domestic Violence Act, 2005 and Dowry Prohibition Act, 1987
other laws relating to family disputes. The suit/ case can be filed for domestic
violence or any other household wrong.
It has been shown that law is strictly restricted in it capacity to deliver gender
justice, which in itself is contingent on the nature of law and it‘s functioning. In
this connection it is worthwhile to recall that the law itself is not a monolithic
entity, which simply progresses or regresses. Historically, the development of
law has been an uneven one. That is to say, more than not, what law promises
on paper cannot carry through in reality. That is why law-as-legislation and law-
in-practice are most of the time in contradiction with each other. To cite an
 example, the Indian constitution explicitly enshrines formal equality for women.
However, the lives and experiences of India women relentlessly continue to be
characterized by substantive inequality, inequity and discrimination.
Gender justice may not be then that much of a caste in the sky. Finally, one
must at least clearly suggest what ought to be done. The present feminist
analysis is such a modest endeavour which not only attempts to understand the
reality but also tries to explain how to change it.
―Fight for gender equality is not a fight against men. It is a fight against traditions
that have chained them – a fight against attitudes that are ingrained in the
society – it is a fight against system – a fight against proverbial Laxshman Rekha
which is different for men and different for women. The society must rise to the
occasion. It must recognize & accept fact that men and women are equal
partners in life. They are individual who have their own identity‖.
2.4.4 Leading measures taken by the government for reducing gender
inequality
1. Focused implementation of Prime Minister Jan Dhan Yojana

2. Organizing women SHGs (Self- Help Groups) and their skill

development/ upgradation

3. Effective implementation of 'Beti Bachao Beti Padhao' campaign

4. Promoting education in girl child.

5. Creating hostel facilities for girls and working women

6. Corporate sector in education

7. Plantation of saplings

8. Liquor vends away from habitation

9. Proper implementation of existing women welfare/development

schemes

10. Sanitation and hygiene in women

11. Enforcement of existing legal provisions

2.5 Summing Up
Man and woman are both equal and both plays a vital role in the creation and
development of their families in a particular and the society in general. Indeed,
the struggle for legal equality has been one of the major concerns of the
women‘s movement all over the world. In India, since long back, women were
considered as an oppressed section of the society and they were neglected for
centuries. During the national struggle for independence, Gandhi gave a call of
 emancipation of women. He wrote – I am uncompromising in the matter of
women‘s rights. The difference in sex and physical form denotes no difference
in status. Woman is the complement of man, and not inferior‖. Thus, the first
task in post-independent India was to provide a constitution to the people, which
would not make any distinctions on the basis of sex. The preamble of
constitution promises to secure to all its citizens- ―Justice - economical, social,
and political‖.
The patriarchal nature of Indian society, which even though gives respect to
women as they are our mothers and sisters, has greatly hampered both the
independence as well as the safety of women.
One of the main reasons of violence against women is the mentality which
deems women inferior of men and merely limits their importance to the
maintenance of the household, the upbringing of children and pleasing their
husbands and serving other members of the family.
Gender Inequalities refers to the obvious or hidden disparities among individuals
based on the performance of gender. This problem in simple term is known as
Gender Bias which in simple terms means the gender stratification or making
difference between a girl and a boy i.e. a male or a female.

2.6 Assignment
Class Assignment: Explain the measures to resolve gender inequality in India
Home Assignment: Explain types of gender inequalities.

2.7 Self-Check Questions

1. An area of civil wrong is called .
2. & are both equal and play a vital role in the
creation and development of their families in a particular and the society in
general.
2.8 Terminal Question
Explain women safety in India. What measures can be done for women safety.

2.9 Possible answers to self-check questions

1. Tort law.
2. Man and woman.

2.10 Keyword
Nativity inequality: In this type, a preference is given for boys over girls that
many male-dominated societies have, gender inequality can manifest itself in
the form of the parents wanting the newborn to be a boy rather than a girl.
 3. Public Health, Hygiene and Sanitation:
Swachh Bharat Abhiyan
In the last session we had studied the Lesson 2 Women Safety, Gender Equality and
Activism. In which had discussed about various issues and causes related to women
safety, gender equality and measures taken by the government for reducing gender
inequality.

In the present session we will study the Lesson 3 Public Health, Hygiene and
Sanitation: Swachh Bharat Abhiyan

3.0 Objective

After going through this lesson you should be able to:

 Describe the issues of public health & health care in India
 Describe key achievements in health sector
 Describe the public practices on hygiene and sanitation

3.1 Introduction

Public Health programs are primarily the responsibility of the state government,
but the union government provides the finance for improvements in public health
services. The structure of the health system is based on a network of primary
health centers.

The value of healthy choices has been known to people living in Indian
subcontinent since antiquity. Ayurveda (science of life) is one of the oldest
healthcare systems that take a holistic view of the physical, mental, spiritual and
social aspects of human life, health and disease. While Indian systems have
been effective in preventing healthcare, there are emergency situations where
one require surgical procedures. Management of diseases and patient care may
need different approach and solutions.

3.2 Public Health

Public Health is the science of protecting and improving the health of

communities through education, promotion of healthy lifestyles, and research
for disease and injury prevention. Public health professionals analyze the effects
on health of genetics, personal choice and the environment in order to develop
programs that protect the health of your family and community. Overall, public
health is concerned with protecting the health of entire populations. These
populations can be as small as a local neighborhood, or as big as an entire
country.

Public health professionals try to prevent problems from happening or re-

occurring through implementing educational programs, developing policies,
administering services, regulating health systems and some health professions,
and conducting research, in contrast to clinical professionals, such as doctors
and nurses, who focus primarily on treating individuals after they become sick
or injured. It is also a field that is concerned with limiting health disparities and
a large part of public health is the fight for health care equity, quality, and
accessibility.

3.2.1 Public Health in India

Public health in India suffers from many problems which includes insufficient
funding, shortage of facilities leading to overcrowding and severe shortage of
trained health personnel. There is also lack of accountability in the public health
delivery mechanisms. These are some of the reasons which have placed India
at the lowest rank in the Human Development Index. India however holds top
position in migration of physicians to developed countries like UK and the US.
According to Planning Commission the country has a shortfall of six lakh doctors,
10 lakh nurses and two lakh dental surgeons. This has led to a dismal patient-
doctor ratio in the country. For every 10,000 Indians, there is just one doctor.

At the time of the independence, very few modern health care services were
available. People depended on locally available traditional knowledge. State of
public health was very low. All the population based health indicators, i.e. life
expectancy, IMR, MMR, morbidity and mortality due to infectious and
communicable diseases were highly unsatisfactory.

India is facing with the triple burden of diseases. Communicable diseases

continue to be a major public health problem in India. Many communicable
diseases are endemic. There is always a threat of new emerging and re-
emerging diseases like, influenza, SARS, H1N1 influenza etc. Local or
widespread outbreaks of these diseases result in high morbidity & mortality.

India is witnessing a rising incidence of non-communicable diseases (NCDs),

and old age diseases. Mental Health is another area which needs urgent
intervention.

Health-damaging behaviours such as smoking, drinking, consuming unhealthy

diets (rich in salt, sugar and fats).
The child sex ratio (0-6 years) was 927 girls per thousand boys (in 2001 census).
The figures are alarming in prosperous states like Punjab (798), Haryana (819),
Chandigarh (845), Delhi (868), Gujarat (883) and Himachal Pradesh (896).

Poor nutrition, unsafe drinking water, poor hygiene and living conditions
contributed to poor state of public health.

Road traffic injuries are increasing sharply. Injuries and diseases of the
musculoskeletal system account for more than 20% of patient visits to primary
care.

3.2.2 Prevention and Control of Diseases

The dramatic achievements of Public Health in the 20th century have improved
our quality of life: an increase in life expectancy, worldwide reduction in infant
and child mortality, and the elimination or reduction of many communicable
diseases.

In 1999, the Centers for Disease Control and Prevention named the ten greatest
public health achievements of the 20th century. These advances have been
largely responsible for increasing the lifespan of populations; over twenty-five of
the 30 years can be accredited to public health initiatives, while medical
advances account for less than 4 years.

Today, Public Health leaders continue to strengthen their roles as advocates for
improved population-based health in an international, global community through
various measures taken by the government of India such as:

1. Vaccination Programs of population - Wide vaccinations resulted in the

eradication of smallpox; elimination of polio in the Americas; and control of
measles, rubella, tetanus, diphtheria, Haemophilus influenzae type B, and other
infectious diseases in the United States and other parts of the world.

2. Motor-vehicle safety - Improvements in motor-vehicle safety have

contributed to large reductions in motor-vehicle-related deaths. These
improvements include engineering efforts to make both vehicles and highways
safer and successful efforts to change personal behavior (e.g., increased use of
safety belts, child safety seats, and motorcycle helmets and decreased drinking
and driving).

3. Safer workplaces - Work-related health problems, such as coal workers‘

pneumoconiosis (black lung), and silicosis. Common at the beginning of the
century -- have been significantly reduced. Severe injuries and deaths related to
mining, manufacturing, construction, and transportation also have decreased;
since 1980, safer workplaces have resulted in a reduction of approximately 40%
in the rate of fatal occupational injuries.
4. Control of infectious disease - Control of infectious diseases has resulted
from clean water and better sanitation. Infections such as typhoid and cholera,
major causes of illness and death early in the 20th century, have been reduced
dramatically by improved sanitation. In addition, the discovery of antimicrobial
therapy has been critical to successful public health efforts to control infections
such as tuberculosis and sexually transmitted diseases (STDs).

5. Decline in deaths from coronary heart disease and stroke - Decline in

deaths from coronary heart disease and stroke have resulted from risk-factor
modification, such as smoking cessation and blood pressure control coupled
with improved access to early detection and better treatment.

6. Safer and healthier food - Safer and healthier foods have resulted from
decreases in microbial contamination and increases in nutritional content.
Identifying essential micronutrients and establishing food-fortification programs
have almost eliminated major nutritional deficiency diseases such as rickets,
goiter, and pellagra in the United States.

7. Healthier mothers and babies - Healthier mothers and babies are a result
of better hygiene and nutrition, availability of antibiotics, greater access to health
care, and technologic advances in maternal and neonatal medicine. Today
infant mortality has decreased 90%, and maternal mortality has decreased 99%.

8. Family planning - Access to family planning and contraceptive services

has altered social and economic roles of women. Family planning has provided
health benefits such as smaller family size and longer interval between the birth
of children; increased opportunities for preconception counseling and screening;
fewer infant, child, and maternal deaths; and the use of barrier contraceptives to
prevent pregnancy and transmission of human immunodeficiency virus and
other STDs.

9. Fluoridation of drinking water - Fluoridation of drinking water began in

1945 and in 1999 reaches an estimated 144 million persons in the United States.
Fluoridation safely and inexpensively benefits both children and adults by
effectively preventing tooth decay, regardless of socioeconomic status or access
to care. Fluoridation has played an important role in the reductions in tooth decay
(40%-70% in children) and of tooth loss in adults (40%-60%).

10. Recognition of tobacco use as a health hazard – Recognition of tobacco

use as a health hazard in 1964 has resulted in changes in the promotion of
cessation of use, and reduction of exposure to environmental tobacco smoke.
Since the initial Surgeon General's report on the health risks of smoking, the
prevalence of smoking among adults has decreased, and millions of smoking-
related deaths have been prevented.
India has banned tobacco consumption in public places but only 12 states have
started implementing the ban. More than 10 lakh people at present die in India
every year due to tobacco consumption. At present more than 57% male and
10.9% female consume tobacco while 15% children consume tobacco.

3.2.3 National Health Policy 1983 and 2003

India's first 'National Health Policy' was formulated in 1983 and second in 2003.
The main objective of this policy was to achieve an acceptable standard of good
health. The NHP 2002 noted that the Central Government will have to play a
key role in augmenting public health investments as the State Governments
were in difficult fiscal situation. This policy further envisaged a key role for the
Central Government in designing national programs with the active participation
of the State governments.

3.2.4 National Urban Health Mission (NUHM)

National Urban Health Mission to focus on the health challenges of people in

towns and cities is needed. The NUHM will focus on health needs of the urban
poor, particularly the slum dwellers by making available essential primary health
care services.

The much publicized National Urban Health Mission (NUHM) is yet to see the
light of day. The scheme plans to monitor and improve the health of 22 crore
people living in urban slums in 429 cities and towns. It was to be launched mid
2008 but the mission is yet to become functional. NURM is aimed at providing
accessible, affordable, effective and reliable primary health care facilities
especially to urban poor.

3.2.5 National Rural Health Mission (NRHM)

NRHM was launched in April 2005 with the objective of providing accessible,
affordable and quality healthcare to the rural population. Most prominent
features of NRHM are involvement of communities in planning and monitoring,
provision of untied grants to the health facilities and the communities annually,
placing a trained female health activist in each village for 1000 population known
as Accredited Social Health Activist (ASHA) to act as a link between the public
health system and the community and bottom-up planning. Under the NRHM
the following interventions have been initiated:

• Janani Suraksha Scheme (JSY): JSY is a conditional cash transfer resulted in

dramatic increases in institutional delivery. The JSY encourages women to
make use of public health facilities for safe delivery.

• Janani-Shishu Suraksha Karyakram (JSSK): JSSK is a new initiative to make

available better health facilities for women and child. All pregnant women
delivering in public health institutions will have absolutely free and no expense
delivery, including caesarean section. The scheme is estimated to benefit more
than 12 million pregnant women who access government health facilities.

• Mother and Child Tracking System (MCTS): Tracking of pregnant mothers and
children has been recognized as a priority area for providing effective healthcare
services. Mother and Child Tracking system (MCH) is a name based pregnant
mother and child tracking system.

• Universal Immunization Programme (UIP): Routine Immunization. The UIP

protects infants against six vaccines preventable diseases i.e. tuberculosis,
diphtheria, pertussis, tetanus, poliomyelitis and measles.

3.2.6 Pradhan Mantri Swasthya Suraksha Yojana (PMSSY)

PMSSY was launched in 2006 with the objective of correcting the imbalance in
availability of affordable/reliable tertiary level healthcare in the country in-
general and to augment facilities for quality medical education in the under-
served states.

3.2.7 Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy

(AYUSH)

AYUSH has presence in all parts of the country. It has near universal
acceptance, available practitioners and infrastructure. The strength of AYUSH
system lies in preventive & promotive health care, diseases and health
conditions relating to women and children, non-communicable diseases, stress
management, palliative care, rehabilitation etc. AYUSH has very little side effect,
has a soft environmental footprint and is engrained in local temperament.

3.2.8 Achievements and Areas of Concern

During 1980-2012 (about 32 years), India registered significant progress in

improving life expectancy at birth, reducing mortality due to communicable
diseases, as well as reducing infant and materal mortality. One of the major
achievements during this period is non-reporting of polio cases from any part of
the country for more than 12 months.

The rural and urban both public health care system in many States and regions
is in an unsatisfactory state leading to victimization due to expensive private
sector health care.

Infant Mortality Rate (IMR) and Maternal Mortality Rate (MMR) have shown
downward trend, yet the rate of improvement has to be two to three times that in
the past so as to attain the monitorable goals.
 Health is a state subject. All stakeholders need to co-operate and communicate
for efficient and effective management of the program. Managerial capacity of
the Health program managers need to be strengthened, upgraded and
modernized.

Fully functional health care facility at a reasonable distance and location is a

dream for most of the population. All the three connectivity i.e. Road, Mobile and
Internet are essential for efficient functioning. To address issue of large inter-
district variations, decentralized district-based health planning is essential.

The respective role of the public and private sectors in health care has been a
key issue in debate over a long time. With the overall swing to the Right after the
1980s, it is broadly accepted that private provision of care should take care of
the needs of all but the poor. By doing so, risk pooling arrangements should be
made to lighten the financial burden on theirs who pay for health care. As regards
the poor with priced services. Taking into account the size of the burden, the
clinical and public health services cannot be shouldered for all by government
alone. To a large extent this health sector reform m India at the state level
confirms this trend.

The distribution of the burden, between the two sectors would depend on the
shape and size of the social pyramid in each society. There is no objection to
introduce user fees, contractual arrangements, risk pooling, etc. for mobilization
of resources for health care. But, the line should be drawn not so much between
public and private roles, but between institutions and health care run as
businesses or run in a wider public interest as a social enterprise with economic
dimensions.

3.3 Hygiene and Sanitation: Swachh Bharat Abhiyan

Sanitation is more important than independence‘, Mahatma Gandhi famously

pronounced. India‘s battle with total sanitation is an ongoing saga with
successive governments working to provide and safeguard this basic human
right for a few decades now.

Following the Gandhian ideal of ‗sanitation for all‘, in its biggest and most recent
cleanliness drive, the Government of India launched the ‗Clean India Campaign‘,
popularly known as the ‗Swachh Bharat Mission‘ to make India open defecation
and filth free by 2019.

The Abhiyan was launched by Prime Minister Narendra Modi on 2nd of October,
2014 at Rajghat, New Delhi with an aim to make India clean. Aim is to provide
sanitation facilities to every family, including toilets, solid and liquid waste
disposal systems, village cleanliness, and safe and adequate drinking water
supply by 2nd October, 2019. It will be a befitting tribute to the Father of the
Nation on his 150th birth anniversary. It is significant that the PM himself is
taking very proactive role in making the campaign a success; at Rajghat he
started the campaign by cleaning the street himself.

However, it has been clearly declared that the campaign is not only the duty of
the Government but each and every citizen of the country is equally responsible
to keep the nation clean or swachh.

The core intent of the Swachh Bharat Mission is to make India open defecation
free by 2019. Keeping public spaces clean, constructing and maintaining both
individual and community toilets are all part of the ‗Swachh‘ agenda.

The Swachh Bharat Mission (Gramin) is the successor of the erstwhile Nirmal
Bharat Abhiyan (NBA). The aim of the NBA, earlier known as the Total
Sanitation Campaign, was to make India open defecation free by 2017.

The campaign of clean India movement is the biggest step taken ever as a
cleanliness drive till date. On the day of launch of campaign around 3 million
government employees including students from schools and colleges had
participated in the event to make it popularize globally and make common public
aware of it. This event was organized at Rashtrapati Bhavan on 2nd of October
in 2014 in the presence of 1500 people. This event was flagged off by the Indian
President, Pranab Mukherjee.

Prime Minister, Narendra Modi, had nominated the name of nine famous
personalities from business industries, sports and Bollywood to drive the clean
India campaign. He also had requested from all nine personalities to invite
another nine personalities individually and requested to continue the chain nine
people to take this campaign to every Indian living in any corner all around the
country.

Narendra Modi has said that this campaign should be taken as the big challenge
and must pass the request to invite other nine people individually (just like
branching of tree) so that this vision of cleanliness may be completed till 2019
and may India become a clean country forever in the history.

By getting inspired from this Indian campaign, the Indo Nepal Doctors
Association has launched a campaign called ―Swachh Bharat Nepal – Swasth
Bharat Nepal Abhiyan‖ on 3rd of January in 2015. It was started from the Indo-
Nepal Border Region, Sunauli – Belihiya (near birth place of Lord Buddha, holy
city of Lumbini, Nepal).

3.3.1 History of Swachh Bharat Mission

Cleanliness in India such as Central Rural Sanitation Program (CRSP) was

started in 1986 all over the country which had focused to construct the individual
sanitary latrines for the personal use of the people living below the poverty line.
It had focused to convert the dry latrines to the low cost sanitary latrines, to
construct latrines especially for rural women with other facilities of hand pump,
bathing room, sanitation, washing hands, etc. It was targeted that all the
provided facilities should be properly maintained by the village Panchayats.
Proper sanitation of the village such as drain systems, soakage pits, disposal of
solid and liquid wastes, awareness of health education, awareness for social,
personal, household and environmental sanitation etc.

Total Sanitation Campaign (TSC) of cleanliness in India was started in 1999 by

the Government of India in order to restructure the Rural Sanitation Programme.
Nirmal Gram Puraskar was started in the month of June in 2003 as a sanitation
programme to boost the Total Sanitation Campaign. It was an incentive scheme
launched by the Government of India in 2003 to award people for total sanitation
coverage, maintaining clean environment as well as making villages open
defecation-free villages by the Panchayats, Blocks and Districts.

Nirmal Bharat Abhiyan (NBA) was started in 2012 and then Swachh Bharat
Abhiyan in 2014 on 2nd of October. However, all the sanitation and cleanliness
programmes run by the Indian government earlier were not as effective as the
current Swachh Bharat Abhiyan of 2014.

3.3.2 Components of Swachh Bharat Mission

The Swachh Bharat Mission is split into two sub-Missions –

a) Swachh Bharat Mission (Gramin)

b) Swachh Bharat Mission (Urban).
While the Union Ministry of Drinking Water and Sanitation is the nodal agency
for the rural mission, the Ministry of Urban Development will take care of the
budgetary concerns of the urban component.
Keeping the needs of the rural populace in mind, 1.34 lakh crore rupees has
been earmarked for the rural mission, compared to the Rs. 62,009 crore budget
for the urban mission.
Apart from this, the mission will also be supported through the Swachh Bharat
Kosh while is set up to channelize philanthropic contributions for the cause,
Corporate Social Responsibility (CSR) contributions and funding from other
multilateral sources.
• Swachh Bharat Mission for Urban Areas: The focus is on establishing close to
2.6 lakh individual toilets and 2.5 lakh community toilets across 4,401 towns and
cities in India. Eradicating manual scavenging and improved municipal solid
waste management is part of the agenda.
• Swachh Bharat Mission for Gramin Areas: Gram Panchayats and Zilla
Parishads will work on war footing to make sure that all households in all villages
have functional water supply and toilet facilities. Productive use of night soil as
bio-fertilizers is also on the cards.

3.3.3 Swachh Bharat: Swachh Vidyalaya

The ‗Clean India: Clean Schools‘ campaign aims to ensure that all schools in
India have functional and hygienic water supply and sanitation facilities. Through
this mission, children are expected to be educated about the benefits of hand
washing and the positive effects good personal hygiene has on health and
wellness.

Improved levels of hygiene in schools directly impacts the health and wellbeing
of children, which in turn is responsible for improved attendance and
performance in school. The initiative hopes to showcase children as agents of
change, inspiring parents and relatives to adopt hygienic practices at home and
in the community as a whole.

3.3.4 Activities Planned

Clean neighborhoods: Apart from decimating open defecation, the Swachh

Bharat Mission looks to spread the message of hygiene, personal and public, in
both rural and urban settings.

Toilets: As a logical extension of getting rid of open defecation, constructing both

individual household as well as community toilets top the priority list. Insanitary
toilets will be converted into pour flush latrines and manual scavenging is
expected to be done away with by 2019. The Mission aims at putting in place
over 11 crore toilets within a span of 5 years. Around 20 million of them are
expected to be constructed in the mission‘s first year.

3.3.5 Modus Operandi – Changing behaviour

Defecating in the open is more a cultural thing than issues relating to access in
India. Millions of Indians are used to answering nature‘s call out in the open for
decades. Equipped with a brass vessel filled with water, men and women start
their day scouting for fresh ground away from their tenements to relieve
themselves. The task is a bit more arduous for women as they have to either go
just before dawn or after sun down to avoid being spotted while squatting.
A study conducted by Diane Coffey and associates in North India has revealed
that people prefer going out in spite of having access to functional toilets in the
vicinity. Women score better than men when it comes to toilet use, though
notions of pollution and purity have kept many from constructing latrines near
their living quarters.
 Breaking this pattern has proven to be difficult in the past. Despite investing over
18,000 crores in the past two decades, results of India‘s total sanitation
endeavour have been dismal. Learning from failures, the government has
resorted to spending more time, money and effort into changing people‘s
mindset and behavior, before installing toilets in villages and towns.
8% of the total project cost has been assigned for Information, education and
communication (IEC) campaigns. It will mainly focus on hygiene education
emphasizing on the health impacts of defecating in the open. The attempt is to
generate a demand from within the community by interacting closely at the
grassroots level rather than flushing money down the drain by constructing
defunct toilets no one wants.

3.3.6 Skepticism (Uncertainty)

From the Central Rural Sanitation Program of the 80‘s to the Nirmal Bharat
Abhiyan of the previous UPA regime, sanitation and water supply schemes have
managed to capture and hold the attention of the governments, both at the
center and the state level. Despite being a national obsession, most schemes
have come and gone with very little to show on the ground.
Census 2011 revealed that only 30.7% of households in rural areas had access
to toilets. A 2008 UNICEF study sets the number even lower at a mere 21%.
India tops the list of countries with the maximum number of people defecating
out in the open. The TSC and NBA‘s central goal was to improve the toilet
coverage in the country. In the past decade, the increase in toilet coverage
across India has just been 1% per year.
The Swachh Bharat Mission aims to make India open defecation free by 2019.
Now, all stakeholders, both government and non- government, have close to
five years to make sure that every citizen squats in the privacy of a toilet. Five
years to accomplish what it would have ordinarily taken close to fifty years, going
by current figures.

3.4 Summing Up

Health programs are primarily the responsibility of the state government, but the
Union government provides the finance for improvements in public‘s health
services. The structure of the health system is based on a network of primary
health centers. The value of healthy choices has been known to people living in
Indian subcontinent since antiquity. Ayurveda (science of life) is one of the oldest
healthcare systems that take a holistic view of the physical, mental, spiritual and
social aspects of human life, health and disease. While Indian systems have
been effective in preventing healthcare, there are emergency situations where
one requires surgical procedures. Management of diseases and patient care
may need different approach and solutions. Health is best understood as the
indispensable basis for defining a person's sense of wellbeing. The health of
 populations is a distinct key issue in public policy discourse in every mature
society often determining the deployment of huge society. They include its
cultural understanding of ill health and well-being, extent of socio-economic
disparities, reach of health services and quality and costs of care.

3.5 Assignments
Class Assignment: Describe the Public Health in India.
Home Assignment: Explain Swachh Bharat Abhiyan and its components.

3.6 Self-check questions

1. AYUSH stands for
2. NRHM stands for

3.7 Terminal Questions

Explain the measures taken for prevention and control of diseases by the
government.

3.8 Possible answers of self-check questions

1, Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy.
2. National Rural Health Mission.

3.9 Keywords
MMR: Maternal Mortality Rate.
IMR: Infant Mortality Rate
CSR: Corporate Social Responsibility

3.10 Suggested further readings

1. Annual book published by Ministry of Health, Govt. of India
2. Competitionreview.in
 4. Judicial Activism

In the last session we had studied the Lesson 3 Public Health Hygiene and Sanitation:
Swachh Bharat Abhiyan. In which we had discussed about various issues of public
health in India, awareness on hygiene and sanitation especially Swachh Bharat
Abhiyan initiated by Pradhan Mantri Narendra Modi.

In the present session we will study the Lesson 4 Judicial Activism.

4.0 Objectives
After going through this lesson you should be able to:
• Describe Judicial Activism
• Describe Indian Judicial System

4.1 Introduction

We already know that the India is a democratic country and is based on the
strong three pillars such as Legislative body, Executive body and Judiciary.
Indian constitution provides well defined rights and duties to all the three bodies
mentioned. But now it is seen that Indian Judiciary undertaken number of such
cases, which are normally comes under legislative or executive body‘s
jurisdiction. This lesson will discuss on judicial activism which is a burning issue
in these days.

4.2 Judicial Activism

Judicial activism has acquired so many different meanings as to obscure more

than it reveals. But at the same time it cannot be discarded as an intellectual
void for the vagueness of the definition of the word for at the heart it speaks
about the survival of law. Abandonment of this word not being a viable option,
clarification needed as to what judicial activism is. Judicial activism is different
from the judicial review or other process of jurisdiction in the sense that under
the gamut of judicial review the judiciary can extend its influence to the spheres
of executive and the legislative. Judicial activism simply means a pro-active
judiciary which does no limit itself to the interpretation of law only but also sees
if the law affects people adversely.
To understand the concept of the judicial activism two theories has been
expounded. The first theory ―Power vacuum filling‖ theory says if in a system
there is a vacuum because of the lack of any particular organ or the inaction of
it, then other organs extend their influence to the vacuum created. Nature does
not allow the vacuum to remain as such. In the government in certain areas
vacuum is created due to the lack of interest in executive or legislative or simply
due to the inaction and indifference in their part. This vacuum is filled by a
dynamic judiciary. This is called the judicial activism.

The other theory of ―social want‖ says that people want something which is
neither provided by the executive or the legislative. So judiciary took it upon
itself to provide the wants of the people. So it became proactive and this pro-
activeness is called as judicial activism. Judicial activism has its genesis in the
American system. The American system of governance has favored an active
judiciary because they follow the principle of judicial supremacy unlike our
constitutional supremacy. So in America the judiciary has the supreme power
to review any act of legislature. This favored for a proactive judiciary. But in
India, though there is no favorable scope of judiciary being proactive, of lately,
it is seen that judiciary is taking interest in many issues which hitherto were not
in its interest.

Judicial activism describes judicial ruling suspected of being based on personal

or political considerations rather than on existing law. It is sometimes used as
an antonym of judicial restraint. The definition of judicial activism and specific
decisions are activist, is a controversial political issue particularly in the United
States.

This simply means that Judiciary in India is becoming activist. The question of
judicial activism is closely related to constitutional interpretation, statutory
construction, and separation of powers. But the point of analysis is how it is
going to affect our democratic principle?

4.2.1 Some noticeable cases of Judicial Activism in India

When one talks about the judicial activism in India the following Supreme Court
judgments come to mind –

1. Golaknath vs. the state of Punjab

2. Keshabananda Bharti vs. the state of Kerala

3. Minnerva Mills vs. the union of India

4. Sunil Batra Vs. Delhi Government

5. M.C. Mehta Vs. the state of Tamil Nadu

1. Golaknath Vs. the state of Punjab: In a land mark judgment Supreme Court
made it clear that no constitutional amendments can be made on the part III of
the constitution and there by fundamental rights cannot be abridged by the
legislature. By this pronouncement the Supreme Court has retraced its own
judgment in Shankari Prasad case and Sajjan Singh vs. state of Rajasthan case
that the fundamental rights can be amended. To remove the difficulties in the
process the government in the 24th amendment amended article 368
empowering the legislature the power to amend the constitution.

2. Keshavananda Bharti Vs. the state of Kerala: In this landmark judgment

Supreme Court first kicked the Hornet‘s nest in the name of the basic structure
of constitution. In this case the Golaknath case was over ruled and parliament
regained the power of amending but Supreme Court explicitly said that the
legislature by virtue of the amending power cannot change the basic structure
of the constitution. But what constitutes the basic structure was not specified.
To remove the constitutional hurdles in an amendment the government inserted
clause 4 and 5 in the article 368 which mentions that limited power of
amendment is a basic structure of constitution.

3. Minerva Mills vs. the union of India and other states: In this case the supreme
court over ruled that amending power is a basic structure of constitution. By this
time the legislative and the judiciary in India were at loggerheads.

4. Sunil Batra vs. Delhi government: In this case Supreme Court reinterpreted
the writ of Habeas corpus as not only producing a person in the court but also
preventing a person jailed from the inhuman treatment in the prison.

5. M. C. Mehta vs. the state of Tamil Nadu: In this case Supreme Court not only
pronounced that deployment of children in hazardous factories is unlawful but
also provided various guidelines for the children welfare.

Apart from the above cases in many landmark judgments Supreme Court
categorically mentioned about environment issues, gender issues and issue
related to dalits etc. The beauties of these cases are all against the legislature.
In each of the cases either some constitutional amendments have been made
void or the law has been reinterpreted differently. In the brief period when
judiciary has been active in India it has garnered the wrath of the legislative and
the executive.

4.2.2 How Judicial Activism has affected Indian Democracy

Indian constitution in article 246 speaks about the separation of power between
executive, legislative and judiciary. The idea envisaged in the separation of the
power is not to give rise to a dictatorial regime, because, these three branches
are independent of each other. The separation of power is the essence of Indian
democracy. But an active judiciary in some way or other infringes on the power
of the legislative. One can take the case of the Golaknath case. The
government has made some changes which abridge the fundamental rights and
those changes have been made to enter into the ninth schedule also which is
free of judicial purview. No doubt any law making is the function of the legislative
and as per convention judiciary is to interpret the laws made by the legislative.
But in Golaknath case the Supreme Court quashed the amendment itself. That
means it did not recognize the law made by constitution. No doubt such a law
was to some extent the spirit of the fundamental rights but the act of judiciary
is a clear encroachment upon the legislature. The Kehsavananda Bharti case
is a very important verdict in defining the ambit of judicial activism.

4.2.3 What constitutes the basic structure

The Supreme Court remains surprisingly silent; of course various justices have
included different things under the basic structure of constitution but there is no
specific benchmark. If one examines all the above cases it is pretty clear that
judicial activism is against the legislative hegemony but the question may arise
is it against democracy? Legislative is a democratic body. It gains the authority
from the people. On the other hand judiciary has no popular mandate backing
it. It is an independent authority. So by principle judiciary ratifying the legislature
is against the principle of democracy. But arriving any such conclusion is not
an easy task. There are many a loopholes in such straight forward criticism.
Suppose the legislature makes the law which affects the liberty of people and
which is a gross violation of human rights.

There is no absolute solution for this. Democracy is a form of government where

people surrender some of their rights to a small elite body who are elected by
people to rule over themselves. This elite body or the public representatives
make law for the betterment of people. Once elected the public representatives
remain all powerful till the end of the term by constitutional provision or
otherwise because the constitution does not provide ―call back‖ power to the
people.

The assumed principle is that these public representatives should make laws
for the benefit of the people. The loophole in our administration is that it is not
very transparent and popular participation is bare minimum. The prescribed
methods of control on government have been largely unsuccessful. So in such
a situation a vacuum is created in governance i.e. who shall see the validity of
a law. The judiciary as such and by principle cannot act unless an aggrieved
party does not knock its door. Hence this vacuum is substantial. As per the
theory of ―Power vacuum filling‖ some organ has to extend its influence and it
is only natural for judiciary to extend its influence in the sphere.
Many argue that it is against the principle of democracy. May be it is true. But
there is a widening gap between the principle of democracy and the essence
of democracy. Sometimes the hegemonic growth of the form and procedure of
democracy become so vast that they make the spirit of democracy in danger.
Now it is important to decide what is more important the procedure and
principles of democracy like the legislative supremacy or the spirit of democracy
i.e. welfare of people. The principle and procedure may be a means to an end
but the end is always the spirit of democracy. So if means are abridged to attain
the ends then democracy will be more successful than anything else. Judiciary
under the veil of activism serves as a watch dog for preserving this basic spirit
of democracy.

The executive and legislative is always at disadvantage with the increasingly

proactive judiciary. But the judicial activism has been beneficial to the public in
many situations. For example, in the field of basic human rights, the judiciary
has been consistently building new linkages of a new egalitarian democratic
and free society in consonance with new universal socio-political and economic
order by raising some rights as Fundamental Rights under Part III of the
Constitution. Some of them are worth mentioning e.g. right to information, right
to work (provided under Article 23 of the Universal Declaration on Human
Rights, 1948), right to get minimum wages, right to speedy trial (Article 8 of the
above mentioned Declaration), right to secrecy (Article 12 of the Declaration),
right against inhuman treatment (Article 5 of the Declaration) etc. Above all the
judicial activism itself is the savior of one basic human right. As Justice Krishna
Iyer states that ‗the access to justice is the first among human rights.‘ Judicial
activism has removed the iron curtain of rigid procedure that stood between
public justice and the court. Besides in gender issues, in environment issues
especially after the Bhopal gas tragedy and issues relating to public safety the
judiciary has given some far reaching pronouncements which are for the direct
benefit of people.

The Public Interest Litigations (PIL) is one of the important tools through which
judicial activism become popular and effective. Earlier a case can be filed by a
person only if he had a locus standi in the court. But with the provision of PILs
people now know that judiciary has constitutional power of intervention and can
ameliorate their miseries arising out of lawlessness or repression by the
government. To this effect many people and groups have acting pro bono public
has filed PILs on various issues and judiciary has taken steps to mend those
problems. And an active judiciary has gained popular support. Once speaking
about the judicial activism one of the retired Supreme Court judges has said a
proactive judiciary is successful if it draws its support from people.

So much said about the benefits of the active judiciary one cannot entirely
neglect the harmful effects of it as hinted earlier in the present article. An active
judiciary many times infringes upon the legislative and judiciary and that is
strictly against the principle of separation of power. And an active judiciary
disrupts the balance between a democratically elected bodies i.e. the
legislature. There are many criticisms against the active judiciary. The chief
among them are:

1. This erodes the trust on legislature

2. Secondly it shows the loopholes in our judiciary. Many critics are of the
opinion that the judges become proactive to come to limelight because they
are devoid of limelight compared to the legislature and the executive.

3. There is a great chance of PILs being misused. Anybody can file PILs for
any petty reasons and thereby there will be such huge volumes of litigations
pending on the floor of court that it will one day become unwieldy.

To some extent the above criticisms are correct. But they are fairly
exaggerated. It is argued that judicial activism has made a victim of legislature.
But in a sense it has not only resulted in a pro-active judiciary but also it has
made the legislature and the judiciary more active. Several new legislations
have appeared after the involvement of judiciary. It has also unearthed many
scams like hawala scam, St Kitties scam, scam on distribution of houses and
petrol pumps etc. It has created an environment of transparency and
accountability in the government. It has made the government more responsive
to people. PILs have served as a tool of popular participation in government.

The second criticism that judges crave for limelight also has little credibility,
because as such judges occupy a revered position in the society. However if
ever any judge wants to be in lime light then there is not major sin because after
all he is also a human being, s there is no need to get this problem exaggerated.
Regarding the abuse of PILs the apex court in several of its pronouncements
has categorically mentioned about some guidelines regarding the PILs and their
usages.

So much said, judicial activism is no God. It has its own inherent problems; the
chief among them is any institution usurping the independence of legislature
(albeit to a small extent). However one also needs to see the fact that it also
sees that legislature does not become undemocratic or despotic and the spirit
of democracy that is mass-welfare is achieved. The position of judiciary with
reference to the principle of judicial activism has been quite complex. An active
judiciary is always welcome in a democratic state but there should be a fine
balance between the popularly elected bodies.
4.3 Indian Judicial System

4.3.1 Structure of Indian Courts

India has a quasi-federal structure with 29 States further sub-divided into about
601 administrative Districts. The Constitution of India is the supreme legal
document of the country. The Indian judiciary is independent of the executive
and legislative branches of government according to the Constitution.

The Judicial system however has a unified structure. There are various levels
of judiciary in India — different types of courts, each with varying powers
depending on the tier and jurisdiction based upon them. They form a strict
hierarchy of importance in order of the courts. The Indian judiciary has a
reputation of being independent and non-partisan. Judges are not appointed on
political considerations. They enjoy a high standing in society.

Supreme Court of India at the top, followed by High Courts of respective states
with district judges sitting in District Courts and Magistrates of Second Class
and Civil Judge (Junior Division) at the bottom. Courts hear criminal and civil
cases, including disputes between individuals and the government.

Besides, a number of judicial Tribunals have been set up in specialized areas.

The significant Tribunals are: Company Law Board; Monopolistic and
Restrictive Trade Practices Commission; Securities Appellate Tribunal;
Consumer Protection Forum; Board for Industrial and Financial Reconstruction;
Customs and Excise Control Tribunal; Tax Tribunal; etc. These Tribunals
function under the supervisory jurisdiction of the High Court where they may be
situated.

4.3.2 The Supreme Court of India

The Indian Judicial System has the Supreme Court of India at its helm, which
at present is located only in the capital city of Delhi, without any benches in any
part of the nation, and is presided by the Chief Justice of India.

The Supreme Court of India has many Benches for the litigation, and this apex
court is not only the final court of permissible Appeal, but also deals with
interstate matters, and matters comprising of more than one state, and the
matters between the Union Government and any one or more states, as the
matters on its original side. The President of India can always seek consultation
and guidance including the opinion of the apex court and its judges. This court
also has powers to punish anybody for its own contempt.

The largest bench of the Supreme Court of India is called the Constitution
Bench and comprises of 5 or 7 judges, depending on the importance attached
of the matters before it, as well as the work load of the court. The apex court
comprises the full benches of 3 or 5 judges and the divisional benches of 2 and
3 judges.

The Appeals to this court are allowed from the High Court, only after the matter
is deemed to be important enough on the point of law or on the subject of the
constitution of the nation, and is certified as such by the relevant High Court.

In the absence of any certificate from the High Court, a person may, with the
leave of the apex court, appeal to this court, by filing a Special Leave Petition
before the court. A person or body may also file a Writ against the violation of
Fundamental Rights granted under the Constitution of India, with the
permission of the apex court. Certain writs are allowed to be instituted in the
apex court directly, against the orders of the Courts of the Court Martial, and
the Central Administrative Tribunals.

The Supreme Court has original, appellate and advisory jurisdiction. Its
exclusive original jurisdiction extends to any dispute between the Government
of India and one or more States or between the Government of India and any
State or States on one side and one or more States on the other or between
two or more States, Article 32 of Constitution gives jurisdiction to the Supreme
Court in regard to enforcement of Fundamental Rights. It is empowered to issue
directions, orders or writs, to enforce them. The Supreme Court conferred with
power to direct transfer of any civil or criminal case from one State High Court
to another State High Court or from a Court subordinate to another State High
Court.

Parliament is authorized to confer on the Supreme Court any further powers to

entertain and hear appeals from any judgment final order or sentence in a
criminal proceeding of a High Court.

The Supreme Court has special advisory jurisdiction in matters which may
specifically be referred to it by the President of India under Article 143 of the
Constitution.

4.3.2.1 Public Interest Litigation (PIL)

Proceedings in the Supreme Court arise out of the judgments or orders made
by the Subordinate Courts including the High Courts, but of late the Supreme
Court has started entertaining matters in which interest of the public at large is
involved and the Court can be moved by any individual or group of persons
either by filing a Writ Petition at the Filing Counter of the Court or by addressing
a letter to Hon'ble the Chief Justice of India highlighting the question of public
importance for invoking this jurisdiction. Such concept is popularly known as
'Public Interest Litigation' and several matters of public importance have
become landmark cases.
4.3.3 High Courts of India

The High Court stands at the head of a State's judicial administration. There
are 18 High Courts in the country, three having jurisdiction over more than one
State. Among the Union Territories Delhi alone has a High Court of its own.
Other six Union Territories come under the jurisdiction of different State High
Courts. Each High Court comprises of a Chief Justice and such other Judges
as the President may, from time to time, appoint. The Chief Justice of a High
Court is appointed by the President in consultation with the Chief Justice of
India and the Governor of the State. The procedure for appointing Judges is the
same except that the Chief Justice of the High Court concerned is also
consulted. They hold office until the age of 62 years and are removable in the
same manner as a Judge of the Supreme Court. To be eligible for appointment
as a Judge one must be a citizen of India and have held a judicial office in India
for ten years or must have practiced as an Advocate of a High Court or two or
more such Courts in succession for a similar period.

Each High Court has power to issue to any person within its jurisdiction
directions, orders, or writs including writs which are in the nature of habeas
corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of
Fundamental Rights and for any other purpose. This power may also be
exercised by any High Court exercising jurisdiction in relation to territories within
which the cause of action, wholly or in part, arises for exercise of such power,
notwithstanding that the seat of such Government or authority or residence of
such person is not within those territories.

Each High Court has powers of superintendence over all Courts within its
jurisdiction. It can call for returns from such Courts, make and issue general
rules and prescribe forms to regulate their practice and proceedings and
determine the manner and form in which book entries and accounts shall be
kept. The following Table gives the seat and territorial jurisdiction of the High
Courts.

4.3.3.1 Jurisdiction and Seat of High Courts

Name Year Territorial establishment jurisdiction Seat

Allahabad 1866 Uttar Pradesh Allahabad (Bench at Lucknow)

Andhra Pradesh 1956 Andhra Pradesh Hyderabad

Bombay 1862 Maharashtra, Goa, Dadra and Nagar Haveli and

Daman and Diu (Benches at Nagpur, Panaji and

Aurangabad)
 Calcutta 1862 West Bengal Calcutta (Circuit Bench at Port Blair)

Delhi 1966 Delhi Delhi

Guwahati 1948 Assam, Manipur, Meghalaya, Nagaland, Tripura,

Mizoram and Arunachal Pradesh Guwahati (Benches at

Kohima, Aizwal & Imphal. Circuit Bench at Agartala &
Shillong)

Gujarat 1960 Gujarat Ahmedabad

Himachal Pradesh 1971 Himachal Pradesh Shimla

Jammu & Kashmir 1928 Jammu & Kashmir Srinagar & Jammu

Karnataka 1884 Karnataka Bangalore

Kerala 1958 Kerala & Lakshadweep Ernakulam

Madhya Pradesh 1956 Madhya Pradesh Jabalpur (Benches at

Gwalior and Indore)

Madras 1862 Tamil Nadu & Pondicherry Madras

Orissa 1948 Orissa Cuttack

Patna 1916 Bihar Patna (Bench at

Ranchi)

Punjab & Haryana 1975 Punjab, Haryana & Chandigarh Chandigarh

Rajasthan 1949 Rajasthan Jodhpur (Bench at Jaipur)

Sikkim 1975 Sikkim Gangtok

4.3.4 District Courts of India

The District Courts of India are the district courts established by the State
governments in India for every district or for one or more districts together taking
into account the number of cases, population distribution in the district. They
administer justice in India at a district level. These courts are under
administrative control of the High Court of the State to which the district
concerned belongs. The decisions of District court is subject to the appellate
jurisdiction of the High court.
The highest court in each district is that of the District and Sessions Judge. The
district court is also a court of Sessions when it exercises its jurisdiction on
criminal matters under Code of Criminal procedure. The district court is
presided over by one District Judge appointed by the state Government. In
addition to the district judge there may be number of Additional District Judges
and Assistant District Judges depending on the workload. The Additional
District Judge and the court presided have equivalent jurisdiction as the District
Judge and his district court.

The district judge is also called "Metropolitan session judge" when he is

presiding over a district court in a city which is designated "Metropolitan area"
by the state Government. Appointment of district judge and other Additional and
Assistant district judges is done by the state Government in consultation with
the High court of the state. A minimum of seven years of practice as a lawyer
at bar is a necessary qualification. Upon a written examination and oral
interview by a committee of High court judges, the appointment of district judges
is notified by the state Government.

4.3.5 The Bar

India has a unified all India Bar and an advocate enrolled with any State Bar
Council can practice and appear in any court of the land including the Supreme
Court of India. However for doing any acting work in the Supreme Court a
qualifying examination (called an ‗Advocate on Record‘ exam) needs to be
cleared.

Foreign lawyers are not permitted to appear in Courts (unless qualified), though
they can appear in arbitrations.

4.3.6 Practice and Procedure

The influence of the British Judicial System continues in significant aspects.

The official language for Court proceedings in the High Court & the Supreme
Court is English. Lawyers don a gown and a band as part of their uniform and
Judges are addressed as ―My Lord‖.

The procedural law of the land as well as most commercial and corporate laws
are modeled on English laws. English case law is often referred to and relied
upon both by lawyers and judges. As in England, a certain class of litigation
lawyers are designated as ―Senior Advocates‖ (equivalent to QCs). They do
not deal with clients directly and take instructions only through
solicitors. Certain lawyers however, follow a mixed practice i.e., both plead and
act in relation to court matters.

There is a great tradition and emphasis on oral arguments. Counsels are

seldom restrained in oral arguments and complex hearings may well take days
 of arguments to conclude. Specialization is relatively a new phenomenon. Most
lawyers have a wide-ranging practice.

4.3.7 Arbitration

In 1996, arbitration got an impetus with the enactment of the Arbitration and
Conciliation Act. This is based on the UNCITRAL Model Rules. The earlier
enactment of 1940 was widely considered ineffective. With the enactment of
the new law, arbitration has gained in popularity and is fast becoming the
preferred route for settlement of commercial disputes.

India does not have a separate Arbitration Lawyers Bar. Generally, court
lawyers are engaged for arbitrations that are conducted over the weekends or
after court hours. Often retired High Court or Supreme Court Judges are
appointed as arbitrators.

The Indian Council of Arbitration, promoted by the Ministry of Commerce is a

leading Institute for administration of arbitrations. However, due to its low
payment scales for arbitrators, it is not suitable for large international
arbitrations.

4.4 Summing up

Judicial activism is different from the judicial review or other process of

jurisdiction in the sense that under the gamut of judicial review the judiciary can
extend its influence to the spheres of executive and the legislative. Judicial
activism simply means a pro-active judiciary which does not limit itself to the
interpretation of law only but also sees if the law affects people adversely.

4.5 Assignments

Class Assignment: Write short notes on The Supreme Court of India

Home Assignment: Write short notes on Golaknath vs. the state of Punjab
case

4.6 Self-check Questions

1. PIL stands for .

2. Article of the Indian Constitution speaks about the separation
of power between executive, legislative and judiciary.
4.7 Terminal Questions

"The legal system of a country reflects social' political, economic and culture
characteristics of society." Explain the statement by highlighting Indian Judicial
System.

4.8 Possible answers of self-check questions

1. Public Interest Litigation.

2. Article 246.

4.9 Keywords

Judicial Activism: It simply means a pro-active judiciary which does no limit

itself to the interpretation of law only but also sees if the law affects people
adversely.

4.10 Further suggested readings

1. AS Narang: Indian Government & Politics

2. India 2014: India‘s year book by Ministry of I&B, Publications Division