Mains Practice Questions

Introduction

Social inequalities in India are deeply rooted in historical caste divisions, gender hierarchies, and economic disparities. The Constitution provides a robust framework to address these inequities and promote social harmony. Provisions like Fundamental Rights, Directive Principles of State Policy (DPSPs) aim to create an inclusive society.

Body

Constitutional Mechanisms Addressing Social Inequalities and Promoting Social Harmony:

• Fundamental Rights (Part III):
  • Article 14: Ensures equality before law and equal protection of laws.
  • Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
    • Example: Supreme Court judgments, such as Navtej Singh Johar v. Union of India (2018), which decriminalized Section 377, advancing LGBTQ+ rights.
  • Article 17: Abolishes untouchability, promoting social integration.
    • Example: SC in State of Karnataka v. Appa Balu Ingale upheld stringent action against untouchability practices.
• Directive Principles of State Policy (Part IV):
  • Article 38(2): Directs the state to minimize inequalities in income, status, facilities, and opportunities.
  • Article 46: Promotes educational and economic interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections.
    • Example: Reservation policies in educational institutions under the 93^rd Constitutional Amendment (2005).
• Special Provisions for Minorities and Tribes:
  • Article 29 and 30: Protect cultural and educational rights of minorities.
  • Article 244: Provides for the administration of Scheduled and Tribal Areas.
    • Example: PESA Act (1996) for self-governance in tribal areas.
• Independent Institutions:
  • National Commission for Scheduled Castes (Article 338): Investigates and monitors SC welfare.
  • National Commission for Minorities: Promotes minority rights and harmony.

Effectiveness of Constitutional Mechanisms

• Empowerment of Marginalized Communities:
  • Affirmative Actions: Reservation policies have increased participation of SCs, STs, OBCs, and women in education and employment.
  • Political Representation: Provisions like Article 330 (reservation in Parliament) ensure representation for SCs and STs.
    • Example: Around 84 seats in the Lok Sabha are reserved for SCs, leading to their legislative empowerment.
• Reduction in Socio-Economic Disparities:
  • Targeted Welfare Programs: Policies derived from Directive Principles have led to poverty alleviation and economic upliftment.
    • Example: The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) provided employment to 80 million people in FY 2022-23, with significant beneficiaries from SC/ST communities.
    • Some 415 million Indians escaped poverty between 2005-06 and 2019-21.
• Promotion of Social Harmony:
  • Secular Framework: Constitutional guarantees like Article 25-28 ensure freedom of religion and peaceful coexistence.
    • Example: Supreme Court upheld the secular ethos in the S.R. Bommai v. Union of India case.
  • Cultural and Educational Safeguards:: Articles like Article 29 and 30 empower minorities to preserve their culture and run educational institutions.
    • Example: Aligarh Muslim University’s autonomy under Article 30 is an example of constitutional recognition of minority rights.

Limitations of Constitutional Mechanisms

• Implementation Challenges: : Despite progressive laws, ground-level implementation remains inconsistent, especially in rural areas.
  • Manual scavenging continues despite prohibition under the Prohibition of Employment as Manual Scavengers Act (2013).
• Bureaucratic Delays: Welfare schemes often face delays due to administrative inefficiencies and corruption.
  • Example: Slow disbursal of scholarships for SC/ST students in certain states.
• Socio-Economic Gaps: While constitutional provisions promote equality, stark disparities persist in education, health, and income.
  • Limited digital literacy and infrastructure among marginalized communities widen inequalities.
• Political and Social Misuse:: Allegations of "creamy layer" misuse in OBC reservations dilute its intended benefits for the most vulnerable.
  • Caste and communal identities are sometimes politicized, undermining the spirit of constitutional harmony.
• Inadequate Representation of Emerging Groups: The LGBTQ+ community, despite recognition in Navtej Singh Johar v. Union of India, lacks explicit constitutional protections for marriage, adoption, and inheritance rights.
• Limited Awareness and Accessibility: Many marginalized groups lack awareness of their constitutional rights and entitlements, limiting their ability to seek legal or administrative remedies.
  • Tribal communities in remote areas remain excluded from land rights protections due to lack of legal literacy and administrative outreach.

Way Forward

• Strengthen Implementation: Use technology for direct benefit transfers (DBT) to minimize leakages in welfare schemes targeting SCs, STs, and women.
• Awareness Campaigns: Increase awareness of rights among marginalized groups to enhance their participation in governance.
• Judicial and Administrative Reforms: Establish fast-track courts for cases of caste violence and gender crimes.
  • Provide better training for local administrators to handle sensitive social issues.
• Empowering Grassroots Institutions: Strengthen Panchayati Raj and tribal councils to ensure local decision-making reflects diverse needs.
• Promoting Interfaith and Inter Caste Dialogue: Foster initiatives like Ek Bharat Shreshtha Bharat to build mutual understanding and respect.

Conclusion

While the constitutional mechanisms in India have been instrumental in empowering marginalized sections and fostering social harmony, their full potential is yet to be realized due to gaps in implementation, awareness, and persisting socio-economic inequalities. Bridging these gaps requires a multipronged approach to strengthen enforcement, enhance inclusivity, and reduce disparities