minorities

In this article, Akancha Singh of New Law College, Bharati Vidyapeeth University, Pune discusses the legal framework and regulations protecting the rights of minorities and socially disadvantageous sections like Dalits, women, and tribals.

Introduction

“One great object of any Constitution should be to restrain majorities from oppressing minorities or encroaching upon there just rights.” – James K. Polk

                                                                                                                            Human rights are the basic rights that a citizen of any nation expects its country to provide him. These are the rights that relate to welfare, dignity and well-being of the citizens and protecting them from oppression.

The evolution of human rights can be traced back to the sixteenth century when jurists started propounding that natural rights are ordinated by birth and courts should not intervene in these rights.[1] It is also said that the concept to Magna Carta in AD 1215, which was basically a petition urging the King to concede rights to particular sections of the people.[2] The concept of human rights expanded from four walls after the United Nations propounded the Universal Declaration of Human Rights, 1948 which mandated various countries to form statutory enactments in order to secure the basic human rights of individuals.

Being one of the oldest civilizations, India has various manifestations where it has appreciated human rights as one of the founding stones to secure a dignified life of its citizens. Notwithstanding the fact that India has continually taken steps to secure the rights of its citizens but occurrence of certain ruptures like poverty, inadequate access to food, health, education etc. has snatched this basic right from certain sections of the society making them vulnerable to exploitation.

Pre independence, citizens of India witnessed a lot of atrocities and hardships which resulted in oppression of certain groups of people in the country. Ergo, the major concern post-independence was enactment of laws to secure the interests of socially oppressed and vulnerable groups.

Identification of vulnerable groups in India is a complex process as ‘vulnerable’ does not have an exact definition moreover; it has various layers that need to be examined together. Aurgo the major factors that are responsible for discrimination in India are to be considered while categorizing the vulnerable groups in India. The major factors of discrimination are, structural factors, age, disability and discrimination that act as barriers to health and healthcare.[3] Taking in account these factors, the groups that are considered to be vulnerable of human rights in India are SCs, STs, OBCs Minorities, Children, Aged, Disabled, refugees, Poor migrants, and women.[4]

The aim of this article is to provide a detailed description of the steps taken internationally as well as in India to protect the interests of such oppressed class as well as point out the loopholes in the framework which has led to its slow progress in the country.

Legal Framework protecting the vulnerable groups in India

The constitution of India is construed in a manner that it makes India multi-religious, multi-cultural, multi-linguistic, multi-ethnic and secular democracy.[5] It has adopted inclusive and holistic approach for the protection of human rights of the people. The rights provided by the Indian legal system for the protection of these groups are also coupled with tolerance, respect, mutual understanding, and recognition of the importance of human life and individual rights.[6]

Part III and Part IV of the constitution deal with these rights. These rights have been provided to the oppressed class in the form of fundamental rights and directive principles of state policy respectively. It is pertinent to note that the Hon’ble Supreme Court has brought a revolutionary change and acted as a catalyst in protecting these groups by interpreting the rights enumerated in the constitution and expanding the scope of these rights by various judicial pronouncements.

The rights that are available to oppressed class of the society are elaborated below-

Rights available to Women

Women enjoy a unique position in every society whether developed, developing or underdeveloped. In spite of her contribution in the every sphere of individual’s life, she still belongs to the oppressed class due to social barriers and impediments. On one hand she is held in high esteem by one and all worshipped, considered as the embodiment of tolerance and virtue in the form goddess Durga, Saraswati, Parvati, laxmi, etc. But on the other she has been the victim of untold miseries caused due to the domination of male in the society.

Considering the fact that the upliftment of this oppressed class is an essential factor in development of any nation, the issue of empowerment of women is not only a national or a state concern but has gained international importance.

Some major national and international laws that help in upliftment of this oppressed class has been briefly described below-

International efforts

  1. United Nations Charter- The preamble of the UN Charter expressly strives to protect the dignity, fundamental human rights and worth of every person as well as providing equal rights to men and women.[7] The idea of removing disparity is strengthened by various articles promoting the concept of equality between men and women in economic, social, cultural, educational and health fields and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language and religion.”[8]
  2. Universal Declaration of Human Rights also adopted the Convention on Political Rights of Women, 1952 which emphasized on equality between men and women in participation in elections without any discrimination.[9]
  3. Convention of Nationality of married women adopted by the general assembly in 1957 lays emphasis on voluntary acquisition or renunciation of nationality by women after marriage.[10]
  4. Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage, 1962 stresses on mutual consent of both the parties pre-marriage which must be expressed by both the parties.[11] Thus, realizing the importance of consent of women the general assembly also adopted Elimination of discrimination against women, 1967 to promote the elimination of sex biases in nations.

The list provided above is not exhaustive. As the General Assembly has not only made conventions but also has launched various short and long term programs as well as organized various conferences like the International Women Conference which laid down emphasis on integration of women in developmental process.[12]

Efforts by India

There is no conflict on the point that India is more articulated with marked preference for boys over girls.[13] With the degrading social status of women, the hopes are pinned with law to provide protection to women as well as empowering them against the male hegemony. Government, in order to empower women, has taken a lot of initiatives which can be described below-

The law of the land i.e. The Constitution of India in the very preamble itself includes phrases like- “justice, liberty, equality and fraternity” which evidently depicts that the Preamble regards “equality of status and opportunity to all citizens” as one of the major goals of its enactment. This goal has been incorporated to give equal rights to women and men in terms of status as well as opportunity which can be visioned in a number of provisions of the constitution.

Some major provisions enshrined in the Constitution promoting the upliftment of women are

  • Fundamental Rights- Article 15(1) prohibits gender discrimination. Article 15(3) lifts that rigor and permits the state to positively discriminate in favour of women to make special provision, to ameliorate their social economic and political justice and accords them parity. The reason for making special provision for them is their physical structure and the performance of maternal functions which place them at a disadvantage in the struggle for subsistence.[14] The apex court in various judicial pronouncements has upheld the validity of various provisions like section 497, Indian Penal Code[15], Section 198(2) of the code of civil procedure[16] solely on the ground of its validity under Article 14 and 15 (3) of the constitution.
  • Provisions for reservation of Women- A major step towards gender justice is empowering the women to play their rightful part in democratic government by participating in the political process at the decision making level. For this it is important for women to hold seats in various public offices. To encourage this the government has provided reservations to them at various levels like-

73rd and 74th Amendments in the Indian constitution affected in 1992 provide reservation of seats to women in Elections of Panchayats and the Municipalities.

The 81st amendment Bill which has not been yet passed by the parliament includes the reservation of seats for women in Lok Sabha and State Assembly.

The posts of Enquiry cum Reservation Clerks in Reservation offices in metropolitan cities of Madras, Calcutta, Delhi, and Bombay have exclusively been reserved for women.[17]

  • Provisions for exploitation against women- The defect in the social and legal institutions gave birth to various malpractices abusing the integrity and dignity of women like prostitution, devsadi and treating her as a servant. Article 23 of the Constitution has prohibited trafficking in human beings and the apex court also acknowledged the fact that trafficking includes ‘devadsi system’.[18] Article 23(1) has also facilitated the formation of ‘The Immoral Traffic (Prevention) Act, 1956’.
  • The directive Principles of State policy- Directives are laid down in the constitution for promoting gender justice and women empowerment. It has led to establishment of various acts that provide some benefits to women and protects them from discrimination. Article 42 secures just and humane conditions of work and for maternity benefit. The Maternity Benefit Act, 1961 is the outcome of this provision. Article 39(d) facilitates gender justice by enshrining the objective of equal pay for equal work which led to the establishment of The equal Remuneration Act,1976
  • Schemes launched by the government for development of women are- Indira Gandhi Matritva Sahyog Yojana (IGMSY), Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG), Swadhar Yojna, STEP (Support to Training and Employment Programme for Women) (20th October 2005), Stree Shakti Puraskaar Yojna · Short Stay Home For Women and Girls (SSH), UJJAWALA : A Comprehensive Scheme for Prevention of trafficking and Rescue, Rehabilitation and Re-integration of Victims of Trafficking and Commercial Sexual Exploitation[19]
  • Economic Development of Women- Economic empowerment is an essential criterion to fight against gender discrimination.[20] The economic development of women had a major development by the enactment of Hindu Succession Act, 1956 which originated various new provisos for succession and inheritance of women. The court observed that denial of succession is denial of right to life.[21]
  • Protection against crimes relating to women- Women being the most vulnerable group in the Indian society have been subjected to a large number of crimes. Various provisions and a number of judicial pronouncements have been enacted protecting the integrity and dignity of women. They have been protected against sexual abuse, domestic violence, female feticide, prostitution etc. The apex court has also observed the fact that

“Gender equality includes protection from sexual harassment and right to work with dignity which is a universally recognized basic human right.”[22]

A stylized description of women being treated equally to men is a paradox still today. The desired results of women empowerment which many speak about, will only be achieved when changes are made not only in the legal parlance but also in cultural assumptions. Since the dawn of civilization, India has continuously strived to protect this oppressed class by enacting laws that give them possession over assets or control over market forces[23] but has failed to acknowledge the fact that this will only help a few women to progress and will provide no help to the mass. It is pertinent to note that although money is a source of development social reform is a necessary step that has to be taken before launching money and assets to the road of development.

For the development of women in India, it is very essential to prioritize sectors that can encourage change in the society and permeate to both formal and informal institution. The main sectors that need to be improvised are education, poor health, malnutrition and limited access to resources.[24]

The major sector necessary for development is education at the primary and secondary level. Looking at the legal framework it is miserable to note that no law expressly governs education of women in India. Rather reservation for women in educational institutions also evolved by judicial precedents. In Sarita Samvedi v. Union of India[25], the Hon’ble Supreme Court upheld the validity of reservation for women in educational institutions as well as local bodies. The court also validated reservation to the extent of 30 percent.[26] Although not specifically for women but article 21 by the 86th amendment, 2002 makes it mandatory for children from 6 to 14 years to have free and compulsory education.

The government has also tried to spread awareness among the society by some campaigns like ‘Beti Bachao Beti Padhao Yojna’ which aims at educating all women irrespective of religion, caste, creed etc. The ‘Sukanya Yojna’ also aims at strengthening the condition of females. Bihar Government also came up with the scheme of donating cycles to girls, which would attract the females towards schools. Despite these steps taken by the government there’s a long way to go. Statues expressly describing detailed reservation for women as well as compulsory primary and secondary education for women are the need of the hour.

Educating women will act as a catalyst which shall be followed by investment in health, agriculture, infrastructure and industry.[27] Education will help women in becoming policymakers and agents of social change. In the present scenario there is absolutely no concrete framework in law protecting these chief areas of development.

Minorities

The preamble of the Indian constitution enshrines the word ‘secular’. The object of inserting this phrase by the 42nd amendment was to provide equal status to all religion without any favour or discrimination to any of them.[28] India is a birthplace for several religions like Hinduism, Buddhism, Jainism, and Sikhism, and home for thousands of years to Jewish, Zoroastrian, Muslim, and Christian communities.[29]

According to the 2001 census, Hindus constitute 80.5 percent of the population, Muslims 13.4 percent, Christians 2.3 percent, and Sikhs 1.9 percent and Buddhists, Jains, Parsis (Zoroastrians), Jews, and Bahais constitute less than 1.1 percent of population.[30]

Minorities do not only restricts itself to religious minorities but also includes sexual minorities. The apex court has widened the scope of Article 15 to include atrocities faced by sexual minorities in it.[31]

The efforts made by the government for the protection of minorities are-

  1. Article 14, 15 and 16 of the constitution of India provide equality between all the citizens of the country and also provide reservation to the minority and other oppressed class.
  2. Article 29 and 30 provides them protection of the interests by the government as well as empowers them to establish their educational institutions.
  3. Establishment of Ministry for Minority Affairs, the National Human Rights Commission (NHRC), and the National Commission for Minorities (NCM)- These bodies are established by the government to govern the minority affairs and suggest reforms in the state law to prevent discrimination of any religion. The anti-Muslim violence in Gujarat in 2002 was governed by these bodies. Maulana Azad Education Foundation and National Minorities Development and Finance Corporation function under the NCM.
  4. National Commission for Minority Education Institutions- it governs the right of education to minorities as well as establishment of educational institutions.
  5. Foreign Contribution Regulation Act, 2006 (FCRA) – It regulates the foreign affairs in the non-governmental organizations
  6. The major step taken by the government of India for protection of minorities was the establishment of ministry of minority affairs in 2006.
  7. Minority related programs are being organized in the Prime Minister’s New 15-Point Program which lays emphasis on education opportunities, equitable share in economic activities and employment and equitable flow of benefits in development. The National Level Monitors was launched to monitor the schemes for minors.
  8. Reservation- Government has approved a sub-quota of 4.5% reservation for minorities within 27% OBC quota.[32]
  9. Programs like NAI ROSHNI for developing leadership qualities in minority women, Nalanda project to improve education in minorities, seekho aur kamao yojna for skill development and many other programs for the development of minority community.
  10. The government has also launched various programs dealing with a specific community like Jiyo Parsi to reserve the declining population of Parsi etc.

Religion being a sensitive issue in India has constantly been a hot topic in the country and a reason for many disastrous riots. The question arises in spite of so many laws how can communal violence occur so frequently in the country? The answer is the ignorance of the public officials to prevent these communal riots. Hindus being in majority have propounded the concept which is supported by a few state and local governments despite rejection by the center leading to the present communal violence in India.

Tribal

67.7 million People in India belonging to Scheduled tribes are considered as ‘adivasis’.[33] It is pertinent to note that the term ‘Scheduled Tribes’ and ‘Adivasis’ are contrary. Out of the 5653 distinct communities in India, 635 are considered to be ‘tribes’ or ‘Adivasis’ whereas the estimated number of STs varies from 250 to 593.[34]. They are indigenous people that lived in forests or segregated part of the world and follow a different culture and lifestyle and identity. Due to these reasons they face a lot of discrimination and violation of their human rights. Even though they are not regarded as untouchables as in the case of Dalits by Hindus but they have to face prejudices due to their social alienation from the society. The rise of the capitalists and increase in globalization has led to deforestation, establishment of industries, and construction of big dams which have created havoc in the forest dwellers or indigenous people, “best friends of nature.” [35] The magnitude of their exploitation is turning them into the Red Indians of the U.S.A.[36]. Due to their social segregation and construction in forest areas they mainly face the problem of loss of ancestral lands and homes, lack of facilities like education and health, poor justice system,

The discrimination faced by them was not only recognized nationally but was given international importance as they are the only people existing who know ways to live in harmony with nature and prevent its exploitation.[37] Hence with the need to preserve their rights a lot of conventions were signed internationally as well as they are also given preferences in the national laws of India.

Some International Steps taken to secure their rights are listed below

  1. International Commission on Environment and Development- The report pointed out the problems faced by these people due to the development of the modern society as well as pointed out ways in which they could be protected from the social discrimination.[38]
  2. Convention on Biological diversity, 1992- This convention recognized the knowledge of these people in conservation of natural resources and also directed the nations to make national legislation to protect and preserve the indigenous people.[39]
  3. The United Nations Development Program in 2001 adopted a policy for rehabilitation and reintegration of homeless indigenous people.
  4. The UN deceleration on the rights of the indigenous people, 2007 established a framework which included the minimum standards necessary for survival and protection of these people. It honoured their right to remain in segregated places and follow different lifestyles. It also established major programs that could deal with the concerns of these people.

1993 was declared as international year of indigenous people and various conferences were held to protect the rights, liberty and dignity of these people. The UN has also established a permanent body that deals with the issues of these people.[40]

National Legislations

  1. The first step towards the protection of tribals taken by India was in 1952 with the establishment of Nahruvian Panchsheel. The principles established by them for the development of these people were-
  • Honoring rights over their ancestral lands and forests;
  • Preservation of their social and cultural institutions;
  • They should be allowed to develop according to their own people genius;
  • Training relating to administration and development;
  • The index of development should be the quality of their life.[41]
  1. The National Forest policy, 1988 in 2004 recognized that ‘Scheduled Tribes in general are the repositories of indigenous knowledge and wisdom in certain aspects.’ The policy also has provisions for the health, education, language, land alienation, primitive tribal groups (PTGs), research in tribal affairs, their assimilation, forest villages, displacement and resettlement.[42]
  2. National Development, Displacement, Rehabilitation Policy, 2005 aims at ensuring protection to tribal as well as rehabilitating them. They also mandate the consent of these people for any development or construction in their area.
  3. The constitution of India also has various provisions that provides certain privileges to these people as well as protects them against discrimination. Some provisions are-
  • Article 15(3) and 16(4) empowers the state to formulate special provisions for indigenous groups.
  • Article 46 mandates the state to promote the educational and economic interests of these groups.
  • Article 244(1) of the Constitution provides the mechanism for administration of areas owned by indigenous people. The land of tribal people cannot be transferred or sold even by the government itself.[43]
  • Article 275(1) provides special assistance and grants to these people.
  • Article 339(2) the center has power to issue directives and schmes for the welfare of these tribes.
  1. Reservation for tribal people-
  • Article 330 of the constitution gives reservation to tribal people in Lok sabha according to population. State Legislative Assemblies [Article 331(1)].
  • Article 335 provides provision for claims of the member of Scheduled Tribes in the appointment of services.
  • Article 164(1) deal with appointment of Minister for Tribal Welfare in the States of Bihar, Madhya Pradesh, Orissa, and Chhattisgarh to look into tribal affairs.
  • There can be reservation for both backward class and more backward class but that should not exceed more than 50 percent and if the reserved seats are not filled the carry forward rule is valid in India.[44]
  1. Schemes established by ministry of tribal affairs are- Tribal Research Institutes, Girls / Boys Hostels for Scheduled Tribes, Ashram Schools In Tribal Sub-Plan Areas, Vocational Training Centers in Tribal Areas, Grants-in-aid to State Tribal Development Cooperative Corporations and others, Village Grain Bank Scheme[45]
  2. The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 rests forest rights and occupation with forest dwelling tribal and other forest dwellers.[46]

Although a lot of legislation both at national and international levels have been passed by the government it is of little use. These socially backward people are not aware of these rights that have been granted to them are a major reason for the exploitation of these people. Spreading awareness is the need of the hour and has to be done in order to promulgate the true development of tribal.

Dalit’s

Dalits do not constitute a particular caste but are a suggested group who is in a state of oppression, social disability or helpless and poor.[47]They comprise of over one-sixth of India’s population.[48] The reforms relating to the abolition of discrimination on the basis of caste started in the early 1920’s and gained a major success when the constitution was adopted in 1950 which abolished untouchability.[49] The paradox is many studies still suggest that this evil practice is still practised in India at a high level. The condition of Dalit is poorer in rural areas as compared to urban. In some rural areas, they are poor, homeless, illiterate and thus face emotional, physical, psychological and cultural abuse.

Dalit women face a worse condition today than men. As earlier described women itself have been a part of discrimination. Dalit women have to face dual discrimination because of both there caste and sex. A report by National Commission in 2000 showed that a lot of Dalit girls drop out of school despite reservation as they are prone to a lot of discrimination like bullying by teachers, bad health conditions due to lack of medical facilities. This a more sensitive issue that requires a priori attention by the government.

International efforts

The misery faced by Dalit is not only a national problem but an international concern. European government acknowledged the discrimination faced by them. The countries having this problem are- various countries like Pakistan, Nepal, Bangladesh, Sri Lanka, Somalia, Yemen and to a considerable extent in the United Kingdom also.[50]The House of Lords in UK has voted twice for legal protection to be given to the estimated 400,000 Dalits who are regarded as being beneath the caste system, living in the UK.[51]

National legislation

  1. Reservation- The Dalits being the backward class of people and the most disadvantaged group and they need to be brought equal to the present society. Hence Art 15(4) which marked the beginning of reservation system in India in order to promote equality. This social and educational backwardness class is provided reservation in educational institutions. The constitution also gives power to state to enact various laws that are necessary for effectuating reservation.[52] Moreover, Article 16 has a wider scope than 15 and deals with the matter of reservation in public employment. The socially and economic backward class carries the same meaning in both the sections only they differ in the remedy being provided. Article 16 provides reservation in public offices whereas article 15 enables state to make special provision for these classes.
  2. Constitution-
  • Article 17- Untouchablity is now considered as an offence. The dalits were considered impure by blood and not touched by the upper caste. This practice has been abolished by the virtue of Article 17 of the constitution of India.

For eg- Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill, 2013, and various other legislations

  • Article 23- These lower class people due to lack of education and any other facilities generally do small jobs like cobbler, agricultural laborers, factory workers. They are exploited to a huge extent due to lack of knowledge. Article 23 expressly prevents trafficking and forced labour.

For eg- the Bonded Labour (Abolition) Act, 1976, the Minimum Wages Act

  • Article 46 of the DPSP provides the state to promote educational interests of backward classes.
  1. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015- This act was established to give effect to article 17 of the constitution. The act established a mechanism to protect and rehabilitate the victims of atrocities.

Many associations and groups are formed for the upliftment of these backward classes like the Dalit Shoshan Mukti Manch (DSMM) etc. Even though post-independence the constitution enacted laws and abolished the untouchability system but even after 64 years of independence the position of Dalit is still the same and worsening day by day. The government gain lacks in spreading awareness to these illiterate people on their rights available as well as fails to provide stricter laws on the practice of such unacceptable practices in the society.

Conclusion

The principles of equality, liberty and life have been given a special status in the Indian constitution which evidently shows the efforts of the Indian government to eradicate the problem of discrimination and gender inequality. Although the commitment to equality and non-discrimination has always been the main agenda of the government it has failed to notice that to effectuate any movement it is necessary to inculcate its agenda within its citizens. The current policies of the government focus more on providing monetary benefits to these oppressed classes rather than social benefits, thus providing benefit to a small section of these people. Ergo, the government needs to overview its framework and reconstruct it so that it can prove beneficial for all the oppressed class. Thus, awareness about the privileges provided as well as stricter laws for practising atrocities over these people is the need of the hour.

References

[1] Rajendra Kumar Pandey, HUMAN RIGHTS LAWS AND INSTITUTIONS IN INDIA: THE ROLE OF THE NATIONAL HUMAN RIGHTS COMMISSION  <https://sol.du.ac.in/mod/book/view.php?id=1473&chapterid=1378> accessed 28th September,2017

[2] AMITA AGARWAL, ‘Human Rights of Dalits and Untouchables’,(2002), Vol. IX, No. 1,  <https://www.inflibnet.ac.in/ojs/index.php/SHSS/article/download/3887/3070> accessed 28 September 2017

[3] Meenakshi, ‘Vulnerable Groups in India- Status, Schemes, Constitution of India ‘ <http://www.legalservicesindia.com/article/article/vulnerable-groups-in-india-status-schemes-constitution-of-india-1079-1.html> accessed Sep 26, 2017.

[4] <http://www.legaldesire.com/constitutional-rights-and-safeguards-provided-to-the-vulnerable-groups-in-india/> accessed Sep 26, 2017.

[5]National Report Submitted by India in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21, ‘Human Rights Council’ 1 J NLUD 138 (2013)

[6] National Report Submitted by India in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21, ‘Human Rights Council’ 1 J NLUD 138 (2013)

[7] The United Nation Charter, in the preamble narrates; We the people of the United Nations…..to reaffirm faith in the fundamental human rights, in the dignity and worth of the human person, in equal rights of men and women and of nation large or small.

[8] United Nations Charter,  Art. 13(1)(b).

[9] The Convention of the Political Rights of Women, 1952, Art.1.

[10] The Convention of Nationality of married women, 1957, Art 1.

[11] Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage, 1962, Art.1.

[12] Sheela Barse, “Family Policy and Rights of the child”, Report  of the Seminar on the  Rights of the Child, National Law School of India University Banglore and United Nations Children Fund 74-75 (1991).

[13] Lalita dhar Parihar, Women and law  from improvisation to imporvment- a critique (2nd ed.eastern book company,2011) 427

[14] Muller vs. Oregon, 52L.Ed 551 as Quoted in J.N. Pandey at page 100

[15] Yousuf Abdul Aziz vs State of Bombay, AIR 1954 SC 321

[16] Revathi v/s UOI, AIR 1988 SC 835

[17] Union of India vs. K.P. Prabhakaran, AIR 1995 SC 1648

[18] Vishal Jeet vs Union of India,AIR 1990 SC 1412

[19] Meenakshi, ‘Vulnerable Groups in India- Status, Schemes, Constitution of India ‘ <http://www.legalservicesindia.com/article/article/vulnerable-groups-in-india-status-schemes-constitution-of-india-1079-1.html> accessed Sep 26, 2017.

[20] C.M. Mudaliar vs Idol of Sri S.S. Thirukoil (1996) 8 SCC 525

[21] Madhu kishwar v. state of bihar, ((1196) 5 SCC 125)

[22] Vishaka v. State of Rajasthan (AIR 1997 SC 3011)4’9,

[23] Lalita dhar Parihar, Women and law  from improvisation to imporvment- a critique (2nd ed. Eastern book company,2011) 430

[24] Lalita dhar Parihar, Women and law  from improvisation to imporvment- a critique (2nd ed.eastern book company,2011) 431

[25] Sarita Samvedi v. Union of India (1996 (2) SCC 380)46

[26] Govt. of A.P. v. P.B. Vijayakumar (1995 (4) SCC 520)4’7

[27] Lalita dhar Parihar, Women and law  from improvisation to imporvment- a critique (2nd ed.eastern book company,2011) 431

[28] M.P. Gopalakrishnan v.s. State of Kerala, AIR 2005 SC 3053

[29] https://www.state.gov/documents/organization/171754.pdf accessed Sep 26, 2017

[30]https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjL69y498LWAhVJNo8KHYrLBSQQFggnMAA&url=https://www.state.gov/documents/organization/171754.pdf&usg=AFQjCNFTTiYR8hsEmDX4PMynrdOBjn7Yog

[31] Naz Foundation v. Govt. (NCT of Delhi), (2011) PL May S-32

[32]https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjL69y498LWAhVJNo8KHYrLBSQQFggnMAA&url=https://www.state.gov/documents/organization/171754.pdf&usg=AFQjCNFTTiYR8hsEmDX4PMynrdOBjn7Yog

[33] http://www.pucl.org/Topics/Dalit-tribal/2003/adivasi.html

[34] http://www.pucl.org/Topics/Dalit-tribal/2003/adivasi.html

[35] Prof. Satish C. Shastri, ‘Indigenous People: A “Historical Mistake Rectified”- Myth or Reality?’,( RMLNLUJ (2008) 17) accessed Sep 27, 2017

36] Justice O. Chinnappa Reddy, ‘Regulation of Rural and Urban Property’ (1985) 4 SCC J-1) accessed Sep 27, 2017

[37] Principle 22, Earth Summit, 1992

[38] The report of the international commission on Environment and Development, our common future, 1987, 12.

[39] Article 8(j) The Convention on Biological diversity,1992

[40] Prof. Satish C. Shastri, ‘Indigenous People: A “Historical Mistake Rectified”- Myth or Reality?’,( RMLNLUJ (2008) 17) accessed Sep 27, 2017

[41] Prof. Satish C. Shastri, ‘Indigenous People: A “Historical Mistake Rectified”- Myth or Reality?’,( RMLNLUJ (2008) 17) accessed Sep 27, 2017

[42] Prof. Satish C. Shastri, ‘Indigenous People: A “Historical Mistake Rectified”- Myth or Reality?’,( RMLNLUJ (2008) 17) accessed Sep 27, 2017

[43] Samatha v. State of A.P. (1997) 8 SCC 191 : A.I.R. 1997 SC 3297.

[44] Indra Sawhney vs Union of India, ( AIR 1993 SC 477 : 1992 Supp (3)SCC 217)

[45] Meenakshi, ‘Vulnerable Groups in India- Status, Schemes, Constitution of India ‘ <http://www.legalservicesindia.com/article/article/vulnerable-groups-in-india-status-schemes-constitution-of-india-1079-1.html> accessed Sep 26, 2017.

[46] National Report Submitted by India in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21, ‘Human Rights Council’ 1 J NLUD 138 (2013)

[47] Meenakshi, ‘Vulnerable Groups in India- Status, Schemes, Constitution of India ‘ <http://www.legalservicesindia.com/article/article/vulnerable-groups-in-india-status-schemes-constitution-of-india-1079-1.html> accessed Sep 26, 2017.

[48] http://www.ncdhr.org.in/dalit-rights-situation

[49] Article 17, Constitution of India

[50]Abhinav Yadav,’ Dalits – the fight against discrimination’, < https://www.lawctopus.com/academike/dalits-the-fight-against-discrimination/> accessed Sep 28, 2017

[51] Justin Parkinson, ‘Caste discrimination law faces appalling delays, say campaigners’ (bbc.com 2013) <http://www.bbc.com/news/uk-politics-23501389> accessed 27 September 2017

[52] Champakam Dorairajan V. State of Madras (AIR 1951 SC 226)

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