6. Confronting Marginalisation

In the previous chapter, we read about two different groups and their experiences of inequality and discrimination. Though powerless, such groups have fought, protested and struggled against being excluded or dominated by others. They have attempted to overcome their situation by adopting a range of strategies in their long history. Religious solace, armed struggle, self improvement and education, economic uplift – there appears to be no one way of doing things. In all cases, the choice of struggle has depended on the circumstances that the marginalised find themselves in.

The introduction emphasizes that marginalised groups often experience exclusion and discrimination. Despite these challenges, they have fought back in various ways, like seeking spiritual help, engaging in armed struggle, pursuing education, and striving for better economic conditions. Their strategies vary based on their unique situations.

Consider a sports team that always loses because they lack resources. Over time, they could either work harder and improve their skills, seek help from better players, or find new ways to strategise their gameplay. In the same way, marginalised groups try diverse approaches to overcome their hardships.

In this chapter, we will read about some of the ways in which groups and individuals challenge existing inequalities. Adivasis, Dalits, Muslims, women and other marginal groups argue that simply by being citizens of a democratic country, they possess equal rights that must be respected. Many among them look up to the Constitution to address their concerns.

This section introduces how different groups challenge inequalities by asserting their rights as citizens in a democracy. They refer to the Constitution, which guarantees equal rights, as a crucial tool in their struggle for justice and recognition.

Imagine a group of friends who always get left out of activities. They decide to remind their other friends that they all agreed to share everything equally. By asserting this agreement, they stand up for their right to participate just like everyone else.

The Constitution, as you have learnt in the first chapter of this book, lays down the principles that make our society and polity democratic. They are defined in and through the list of Fundamental Rights that are an important part of the Constitution. These rights are available to all Indians equally. As far as the marginalised are concerned, they have drawn on these rights in two ways: first, by insisting on their Fundamental Rights, they have forced the government to recognise the injustice done to them. Second, they have insisted that the government enforce these laws.

The section explains that the Indian Constitution outlines fundamental principles that support democracy. Marginalised groups utilize these Fundamental Rights to demand recognition of injustices against them and to push for enforcement of laws that protect their rights. This dual approach helps empower these groups.

Think of a set of house rules set by a parent. If children know these rules, they can remind their parent when they feel unfairly treated. By asserting their rights, they're not only advocating for themselves but also ensuring that the rules are followed by everyone.

Article 17 of the Constitution states that untouchability has been abolished – what this means is that no one can henceforth prevent Dalits from educating themselves, entering temples, using public facilities etc. It also means that it is wrong to practise untouchability and that this practice will not be tolerated by a democratic government. In fact, untouchability is a punishable crime now.

This statement focuses on Article 17, which abolishes untouchability in India. It guarantees that Dalits cannot be denied access to education, places of worship, or public resources anymore. The act of practicing untouchability is now illegal, illustrating a significant step toward equality.

Imagine a school where all students must share a library. If a rule is created that allows some students to use it while others can't, it creates a very unfair environment. With a rule that forbids such exclusion, every student should have equal access to resources like the library.

As part of their effort to implement the Constitution, both state and central governments create specific schemes for implementation in tribal areas or in areas that have a high Dalit population. For example, the government provides for free or subsidised hostels for students of Dalit and Adivasi communities so that they can avail of education facilities that may not be available in their localities.

This part highlights that governments develop special programs and schemes, like subsidized hostels, to assist marginalised groups, particularly in tribal and Dalit areas. These initiatives are designed to promote access to education, recognizing that many marginalized individuals face systemic barriers.

Think of a community that builds a bridge over a river that previously isolated a small town. This bridge allows people from that town to access schools, markets, and jobs on the other side. Similarly, government initiatives act as a bridge for marginalized groups to access the resources they need for progress.

One such law/policy is the reservation policy that today is both significant and highly contentious. The laws which reserve seats in education and government employment for Dalits and Adivasis are based on an important argument- that in a society like ours, where for centuries sections of the population have been denied opportunities to learn and to work in order to develop new skills or vocations, a democratic government needs to step in and assist these sections.

Here, the reservation policy is discussed as a significant measure aimed at ensuring that Dalits and Adivasis receive opportunities in education and employment. The policy acknowledges historical injustices and aims to level the playing field so that marginalized groups can compete fairly.

Imagine a race where some runners have starting points far behind others. In order for the race to be fair, the organizers allow those at the back to start ahead of everyone else. This is similar to how reservation policies aim to give disadvantaged groups a fairer chance.

In addition to policies our country also has specific laws that guard against the discrimination and exploitation of marginalised communities. Let us read the following case-study, adapted from a real-life account, to understand how Dalits use the protection that laws provide.

This chunk emphasizes the existence of specific laws that protect marginalized communities from discrimination. It sets the stage for a case study illustrating the real-world impact of these laws, showcasing how Dalits use legal protections to assert their rights.

Think of a safety net that is placed below a trapeze artist. If they fall, the net helps protect them from harm. Similarly, laws provide a safety net for marginalized communities, allowing them to seek protection and justice when they face discrimination.

The villagers of Jakmalgur are gearing up for a big festival. Once in five years, the local deity is honoured and priests from 20 neighbouring villages come for this five-day event. The ceremony begins with a member of the Dalit community being asked to wash the feet of all the priests and then bathing in the water used for this. Rathnam, however, refuses to perform the ritual, arguing that he has no faith in this practice.

The case study follows Rathnam, a Dalit youth who refuses to continue a humiliating ritual that his community has performed for generations. His refusal not only angers traditionalists in his village but also illustrates the tensions between asserting personal agency and historical obligations rooted in caste.

Consider a teenager who chooses not to participate in a family tradition that they believe is unjust. While they face backlash from relatives for not following the tradition, their stance could open a dialogue for change and encourage others to question outdated customs.

Rathnam went to file a case in the local police station under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case was picked up by the local media that led to many journalists visiting the village. Rathnam was written about as a symbol of Dalit action.

After facing backlash for his refusal to perform the ritual, Rathnam takes a courageous step to file a legal complaint under a specific Act designed to protect Dalits from atrocities. The media coverage elevates his story, making him a symbol of resistance and raising awareness about the issues faced by Dalits.

Imagine a whistleblower at a large corporation who exposes wrongdoing. When the media covers their story, it helps shine a light on the issue, encouraging others to stand up for their rights and possibly leading to changes in corporate policies.

This Act was framed in 1989 in response to demands made by Dalits and others that the government must take seriously the ill treatment and humiliation Dalits and tribal groups face in an everyday sense. While such treatment had persisted for a long time, it had acquired a violent character in the late 1970s and 1980s.

The 1989 Act represents a formal recognition of the violence and discrimination faced by Dalit and tribal communities. It was created in response to activism and demands for law enforcement to effectively protect marginalized groups from rampant atrocities and violence during the late 20th century.

Consider the establishment of safety regulations in workplaces after a series of accidents. These laws aim to provide protection to workers, similarly, the 1989 Act was established to safeguard Dalits from violence and discrimination.

Adivasi activists refer to the 1989 Act to defend their right to occupy land that was traditionally theirs. Activists have asked that those who have forcibly encroached upon tribal lands should be punished under this law.

This section illustrates how Adivasi activists employ the 1989 Act to assert their land rights and to demand accountability for those who encroach upon their traditional lands. By leveraging this law, they advocate for justice and seek to reclaim their rightful territory.

Think about a family that has been living in a house for generations. If someone tries to take that house away, the family can use property laws to fight back and claim their right to stay there. Adivasis do something similar, claiming their historically held lands through activism and legal channels.

As we can see, the existence of a right or a law or even a policy on paper does not mean that it exists in reality. People have had to constantly work on or make efforts to translate these into principles that guide the actions of their fellow citizens or even their leaders. The desire for equality, dignity and respect is not new.

The conclusion highlights that although laws and rights exist, they must be actively defended and implemented in society. The struggle for equality, dignity, and respect is ongoing and requires continuous effort from individuals and communities to turn legislation into lived reality.

Consider planting a garden. Just because you plant seeds doesn’t mean flowers will automatically bloom. You have to nurture the plants, water them, and ensure they get sunlight. Similarly, rights and laws need constant nurturing through advocacy and action to flourish in society.

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