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(ESTD 1982) www.dalitindia.com ssc@dalitindia.com *********************************************************************** |
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SC&ST DALITS RIGHTS
RIGHTS
What Rights?
Before we look into or talk of SCs, STs, or SC&ST Dalits, or SC&ST Dalit
Rights, let us think about Rights! What
are these Rights? To understand the
Rights better, let us first ask What are Rights? and What Rights We
Individuals Dalits or not have? For that matter, What Right or Rights any
Individual anywhere in the World, whether in
TYPES OF RIGHTS
What are the different types of
Rights that one can have?
Why many! Some examples are
1.
Human Rights - Rights to Live, Dignity, Individual Freedom,
Privacy, Equal Wages at least for the same jobs done
at the same time, Equal Rights and so on!
2.
Civil Rights - Rights to have Access to Public Places, Equal
Civic Facilities etc
3.
Social Rights -
Rights to Equality, Equal Treatments,
Fraternity, gather in a public place, speak and laugh publicly etc
4.
Cultural Rights - Rights to Speak without fear, Write, Sing,
Dance, Paint, dress, eat what one likes etc
5.
Religious Rights - Rights to believe, opt, embrace, convert
oneself and convert others, preach and propagate any Religion of ones choice,
quit, and not believe or practice or belong and criticise rationally,
logically, reasonably and legally any Religion affecting any individual.
6.
Educational Rights - Rights to Education, Learning, Admissions to
Schools, Colleges, Universities, Courses, different Subjects etc
7.
Political Rights - Rights to Vote or Universal Adult Franchise,
Liberty etc
8.
Constitutional Rights - Rights for Protection from Discrimination,
Justice etc
9.
Legal Rights - Rights to move Courts, Legal Protection etc
10.
Land Rights - Rights to own Lands, acquire Land, acquire any
Land, sell or dispose-off any land to any person one chooses or any purpose of
ones liking, etc. That includes the
right to enjoy the land, benefits accruing from the land, Rights to plough and
Cultivate the Land, and harvest and market the Produce
11.
Economic Rights - Rights to acquire, buy, bequeath, will-away,
gift, sell, dispose-off, hold Property, do business, take up any Profession or
Occupation, receive and adequate and full Remuneration for Work and Services
12.
Fundamental Rights- Rights
recognised by the State as Fundamental to all People and every Person, without
any exception
13.
Basic Rights -
Rights to food, shelter, housing etc
14.
Natural Rights - Rights based on Nature and Natural Justice
15.
Special Rights - Rights Specially granted to any Group or
Professions etc based on their Responsible Certified Competence, without
violating others Rights or Infringing other Liberties
16.
Professional Rights - Rights of a Professional to carry out the
Profession in due Professional Manner as Certified and approved by the
Profession, and its Professional Ethics
17.
Sovereign Rights - Rights of the Sovereign the King or Queen
in the Past, hence Sovereign, but the Citizen or the People these days
18.
Remedial Rights - Rights to Remedy any wrong, or violation of
any Right or Rights
And there could be many more such
Rights!
And what is/are the Source(s) of
these Rights?
That need not always be the
Constitution! We must clearly Remember that!
But any Right, its utility, usefulness and capacity to benefit from it,
depends upon the vigilance and capacity of the People. That People must, particularly
guard against their transgression, violation, abridgement, revocation etc. They must be careful to preserve the Rights,
and extra careful to ensure that the Rights continue, and remains with them in
future also!
STRANGE AND FUNNY RIGHTS!
We have the following Strange Rights, that are Reserved only for a few,
and denied for most others. And there
are some Specific Rights, which can not be exercised by some. And that some, are
in hundreds of millions of People! What is more surprising is that,
the
millions who are denied Rights, are the most
productive people. They are the
backbones of the Nation. They are the
engines of economy, and prime-movers of all developments.
Some of the funny Rights are
1.
Rights
to get Water
2.
Rights
to use Public Facilities to take
3.
Rights
to Dress
4.
Rights
to Style of Dressing
5.
Rights
to Hair-do
6.
Rights
to Jewellery
7.
Rights
to See and be Seen
8.
Rights
to Hear and Listen certain things
9.
Rights
to Approach and Proximity
10.
Rights
to Walk or Drive through the Streets, where cats dogs and pigs roam freely
11.
Rights
to Wear Slippers and Shoes or any Footwear
12.
Rights
to Sit before others
13.
Rights
to Touch
14.
Rights
to Dine-with
15.
Rights
to take Coffee and Tea or Water in Restaurants, Hotels, and wayside Shops
16.
Rights
of Acceptability
17.
Rights
to Marry
18.
Rights
to Access even the Cemetery Burial Grounds
19.
Right
of Way to ones own Residence
20.
Rights
to move out of the Villages and to nearby Towns and Markets, for Sale of
Surplus Produce, Jobs etc
21.
Rights
to Gather and Speak-out the Mind openly and boldly, without fear of loosing
employment, jobs, earnings, physical safety, and even life of the person and of
the family members
22.
Rights
to Meet Others
Most of the above Rights are denied
to SC&ST Dalits, specifically and
particularly. Hence, some of these
Rights, have been Guaranteed to the SC&ST Dalits,
by the Constitution, in a general manner, as the Rights of all Citizens of
India. But they have been built,
particularly into the Constitution, only for the specific purpose of ensuring
that SC&ST Dalits get them. Some Rights have been Specifically
included in the Constitution, as Specific Rights, exclusively for SC&ST Dalits, to doubly ensure that the SC&ST Dalits are not denied of them.
Thus Rights are varied; sometimes they are so basic, that it in fact appears
to be extremely strange and funny, even to mention about them as Rights. And the
most Obvious and Explicit Rights are those conferred by, or specifically built
into the Constitution of the Nation!
CONSTITUTION OF
Constitution of
After Partition of the Country, on
In the Constituent Assembly, Baba Saheb was also elected to the Drafting Committee of the
Constitution, and ultimately became the Chairman of the Drafting
Committee. As Chairman, he moved the
Draft Constitution, defended or redrafted every provision of the Constitution. The
Constitution finally was moved by Baba Saheb, for
adoption on
The Drafting Committee, to prepare
and accept the Draft Constitution, and presentation before the Constituent
Assembly of India, for Consideration, was elected on
In comparison, the American
Convention, met on
We must always remember that, Constitution is the basic Law of a Country. It provides specifically to the Citizens
particular Rights, defines their Duties, and delineates the Responsibilities of
every authority, official, institution and individual, living in the Country
and governed by the Constitution. All Authorities and Institutions, derive
their existence and power from the Constitution of the Land. Hence, every one of them, has to work and
function within the ambit of that Constitution.
All others, like the Authorities
and Institutions, have to exist and operate, within the limits and boundaries
of the Constitution.
The Preamble of the Constitution is more significant. For, the Preamble reflects the Sole of any
Constitution. It embodies the Ideals and
Aspirations of the People who made the Constitution, adopted and
accepted it for their governance, and future.
It is the most significant Part of the Constitution, and can be amended
like any other Provision in the Constitution, as long as that does not affect
the basic character, principles and spirit of the Constitution. All Laws, Practices and Procedures
preceding, and all those that existed before the Constitution, are repealed if
they are in contradiction and are violative of any
Provisions of the Constitution.
The PREAMBLE of the Indian Constitution, reads as follows
THE CONSTITUTION OF
PREAMBLE
WE, THE PEOPLE OF
JUSTICE, social, economic and
political;
LIBERTY of thought, expression,
belief, faith and worship;
EQUALITY of status and
opportunity;
and to promote among them
all
FRATERNITY assuring the dignity
of the individual and unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this
twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES
THIS CONSTITUTION.
Apart from the PREAMBLE, the
Constitution has 22 main Parts with 23 Chapters, 395 Articles and Nine
Schedules. These provide to every
citizen, many Rights and Freedoms. And
naturally, with Rights and Freedoms, come many Duties.
Indian Constitution is one of the
largest written Constitution in the World. It has in it many of the noblest concepts,
human mind had conceived of, before it was drafted.
RIGHTS & DUTIES OF INDIVIDUALS
The Indian Constitution is one of the largest written Constitution,
drafted after the path breaking and epoch-making French Revolution, American
Revolution and Russian Revolution. It
also came after Industrial Revolution in
The Rights Freedoms and Duties of Individuals, as Citizens of the
Country, had been built into the Constitution in various Parts Chapters and
Articles. It will be a Study of the whole Constitution,
all the Parts, Articles and Schedules, if we are to talk of all the Rights and
Duties. For almost all the Articles and
Provisions such as the Preamble and Schedule hold many promises and hopes to
the Citizens, and even to other Individuals.
As we had discussed earlier, some of the Rights are specific and special
for specified segments of the Society those who are otherwise marginalised
discriminated exploited and suppressed. These are specifically in addition, and
apart from those clearly laid out, as the Rights and Duties of all Citizens.
The Rights one can derive, depends upon the way the People or Individual
agitate demand legislate and govern themselves, before the authorities, the political parties,
elected peoples representatives, in the Legislatives and Parliament, before the
political executives in the Govts, and ultimately
before the Govts and Courts. However, the significant and apparently clear
Rights and Duties are, specifically discussed below.
RIGHTS OF INDIVIDUALS
The Constitution has been made by Indians for Indians and their Govts. Sovereignty
of the Nation, lies with the People. In fact it is the People, who give the Rights to others, to all Institutions -
public and private - every individual in the Country, Citizens or not, and to
themselves. The People,
also provide specific Directions to Govts, Political
Parties and their Members, who come forward to represent them, form the Govts, and help Govern the Nation.
SOURCE OF RIGHTS!
Everyones Rights in the Country, start from
1.
Citizenship
of the Country
2.
The
hopes and expectations that flow from
Part
IV DIRECTIVE PRINCIPLES OF STATE POLICY
However, the Constitution Part IV on
DIRECTIVE PRINCIPLES OF STATE POLICY, is only a Directive and guideline for the
State, Parliament and Legislatives, Political Executives, Govts,
the Bureaucracy and Planners, and to the People. The DIRECTIVE PRINCIPLES OF STATE POLICY, do not give any direct rights and powers to the
individuals. People can not, in the normal
circumstances go to Courts to demand any of the DIRECTIVE PRINCIPLES OF
STATE POLICY, as their Rights or Dues, or ask the Courts to enforce them.
Apart from these there are specific
Fundamental Rights. They are large,
specific, significant, essential and important to any Citizen in any part of
the Country. In fact, most of these are
needed by any Citizen of any Nation living in any part of the World.
The Fundamental Rights are contained in exclusive Part III of the Constitution. They are the
1.
Right
to Equality Articles 14, 15, 16, 17 and 18
2.
Right
to Freedom Articles 19 to 22
3.
Right
against Exploitation Articles 23 and 24
4.
Right
to Freedom of Religion Articles 25 to 28
5.
Cultural
and Educational Rights Articles 29 and 30
6.
Right
to Constitutional Remedies Articles 32 to 35
Right to Property, and the concerned Article 31, relating to Compulsory Acquisition of
Property, was omitted and repealed by the Constitution (Forty-fourth Amendment)
Act 1978.
Saving of Certain Laws, with related
Articles 31A to 31 D were added by various Constitutional Amendments. However, Article 31 D wrt
Saving of Laws in respect of Anti-National Activities was subsequently repealed
by the Constitutional (Forty-third Amendment) Act of 1977.
Rights have no meaning at
all, unless one can force those others, or
authorities or the Govts to give the Rights being
denied, withheld or delayed, deliberately or otherwise, to yield and give the
Rights. Or one should be able ask or force the Govt
and other authorities to intervene, and ensure or force those who are denying,
withholding or standing in the way of the Rights, discipline them, and get the
Rights. Hence, the Constitution
provides, vide Article 32, remedies for enforcement of Rights conferred by this
Part. This Article 32, in fact is the most important provision of the
Constitution, forming part of Part III on Fundamental Rights. It provides every Citizen and every
individual, the Right to move the Supreme Court by appropriate proceedings for
the enforcement of the Rights.
Other Relevant Provisions are
1.
Under
the Right to Equality,
a)
Article
14 provides the Right of EQUALITY BEFORE LAW
b)
Article
15 provides Rights for PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION,
RACE, CASTE, SEX OR PLACE OF BIRTH
c)
Article
16 gives the Right to EQUALITY OF OPPORTUNITY IN MATTERS OF PUBLIC EMPLOYMENT
d)
Article 17 deals with Rights associated with the
ABOLITION OF UNTOUCHABILITY, and
e)
Article
18 deals with Rights associated with the ABOLITION OF TITLES
2. Under the Right to Freedom,
a)
Article
19 on PROTECTION OF CERTAIN RIGHTS REGARDING FREEDOM OF SPEECH etc, it is said
that,
(1)
all
citizens shall have the right
(a)
to
freedom of speech and expression
(b)
to
assemble peaceably and without arms
(c)
to
form association or unions
(d)
to
move freely throughout the
(e)
to
reside and settle in any part of the territory of
and,
(f)
to
practice any profession, or to carry on any occupation, trade or business
At the same-time vide part (2) of
the same Article 19, the Constitution allows the Operation of any existing law,
permits the States to make any law to impose restrictions on the above rights,
that can be considered as reasonable.
b)
Article
20 gives the Rights of PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES, in
some unfair or unjust manner
c)
Article
21 gives the Rights of PROTECTION OF LIFE AND PERSONAL LIBERTY
d)
Article
22 gives the Rights for PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN
CASES, in some unfair and unjust manner
3.
Under
the Rights against Exploitation,
a)
Article
23 deals with PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR
b)
Article
24 deals with PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, etc
4.
Right
to Freedom of Religion Articles 25 to 28
5.
Cultural
and Educational Rights Articles 29 and 30
6.
Right
to Constitutional Remedies Articles 32 to 35
DUTIES OF INDIVIDUALS
The Duties of individual Citizens of
PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental
duties.
It shall be the duty of every
citizen of
a)
to
abide by the Constitution and respect its ideals and institutions, the National
Flag and National Anthem;
b)
to
cherish and follow the noble ideals which inspired our National Struggle for
Freedom;
c)
to
uphold and protect the sovereignty, unity and integrity of
d)
to
defend the Country and render National Service when called upon to do so;
e)
to
promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities;
to renounce practices derogatory to the dignity of women;
f)
to
value and preserve the rich heritage of our composite culture;
g)
to
protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living creatures;
h)
to
develop the scientific temper, humanism and the spirit of inquiry and reform;
i)
to
safeguard public property and to abjure violence;
j)
to strive towards excellence in all spheres of
individual and collective activity so that the Nation constantly rises to higher
levels of endeavour and achievement.
All these Rights available to every Citizen and the People of
SC&ST DALIT RIGHTS
SC&ST Dalit Rights are Specific Rights,
but not Undue Rights or Exceptional Rights, or Unreasonable Rights, seen in any
way, or in any manner! These do not make the Citizens
any way special or superior, or endows them with any Extraordinary Rights. They are the Rights, which are due to them,
as human beings, but denied historically over the ages and many
millenniums. And many of the Rights are still being denied to them, in different parts
of the Country still, to different extents, and also different times and
different occasions.
Apart from the general Constitutional Rights available for every
Citizen, SC/ST have some Specific Rights guaranteed to
him/her in the Constitution. These are
also not really Special, Exceptional, and are in no-way violative
of the general Principles of the Constitution, or the Basic Philosophy of Equality
in the Constitution. They are only
Special Classes, to Emphasise the Rights of SC&ST Dalits! In other
words, they are only part of General, very Ordinary Rights. They are the basic ones, available to
every-other Citizen in
All Rights and Duties always remain as silent Provisions interned in the
Constitution. It is unto the People to
realise them. They have to make the Govts to work, and ensure that they do their Duties and
they get their Rights. Where necessary they have to
fight for them, go to the Courts to agitate for them, and struggle in the
Society to retain them. As Baba Saheb
said, in his last speech in the Constituent Assembly on 25th
November 1949, while moving the Draft Constitution for adoption, the success or
effectiveness of any Law and Constitution depends upon those who work them.
Yet, even today, SC&ST Dalits dont have those
crucial Rights of Governance,
Self-Governance, Survival without disturbances and harassments, Justice and
Peace - Social Cultural Political Economic and Educational.
And it had been rightly said,
Rights can not Descend on a People!
The People shall have to rise up, to get the Rights!
That Dictum always holds good, as far as
enjoying the benefits from any Rights!
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