Invoking Fundamental Rights

6.1 Invoking Fundamental Rights

Description

Quick Overview

This section discusses how marginalized groups in India invoke their Fundamental Rights to combat discrimination and inequality.

Standard

The section highlights the significance of the Indian Constitution in empowering marginalized groups such as Dalits and Adivasis by invoking their Fundamental Rights. It details the constitutional provisions addressing issues such as untouchability and discrimination, and examines both historical struggles and modern applications of these rights in promoting social justice.

Detailed

Invoking Fundamental Rights

In this section, we explore how marginalized groups in India, including Dalits, Adivasis, and Muslims, turn to the Fundamental Rights enshrined in the Constitution as a means of empowering themselves against discrimination. The Indian Constitution's Fundamental Rights are vital for promoting equality and justice among all citizens, particularly for those who have been historically oppressed.

Key Points:

  1. Significance of the Constitution: The Constitution is seen by marginalized communities as a critical tool for claiming their rights and demanding justice from the government.
  2. Article 17 & Untouchability: Article 17 abolished untouchability, empowering Dalits to seek education and access public facilities that were previously denied to them.
  3. Article 15: This article prohibits discrimination based on religion, race, caste, sex, or place of birth, which marginalized groups invoke to fight against social inequities.
  4. Creative Expressions: The section includes poetry that critiques the notion of purity and highlights the struggles of marginalized communities, reflecting the rich cultural expressions of resistance.
  5. Government Actions: The government has enacted specific laws and policies aimed at promoting social justice, such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which aims to protect Dalits and Adivasis from violence and discrimination.
  6. Reservation Policy: This policy reserves seats in education and employment for marginalized communities, facilitating their access to opportunities they have historically been denied.
  7. Case Study of Rathnam: The example of Rathnam illustrates the personal struggles of individuals against systemic injustice and the invocation of legal rights when faced with severe societal backlash.

Through these discussions, the section emphasizes that while laws are established on paper, the actual enforcement and recognition of these rights require continuous struggle and advocacy.