DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY SABBAVARAM,

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

SOCIAL DEVELOPMENT

SUBJECT

SOCIOLOGY

NAME OF THE FACULTY

PROF. M. LAKSHMIPATHI RAJU

NAME OF THE STUDENT

UMA SHANKAR MISHRA

ROLL NO.
18LLB091

SEMESTER

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ACKNOWLEGEMENT
I would like to express my gratitude to our sociology Sir Prof. M. Lakshmipathi Raju who
has provided me a wonderful opportunity to do a project on the Topic Social Role of
Judiciary. I have tried to use different sources to collect information about the Topic. I Have
tried my best to collect Correct- up to – date information about the topic but in spite of my
best effort’s errors might have crept in and also for the which I apologise

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CONTENTS
1) Abstract………………………………………………………………………3
2) Social development ……………………………………………………………5
3) Social development Index………………………………………………………7
4) Laws For Social Development of Tribals……………………………………….8
5) Backward Classes……………………………………………………………….9
6) Articles protecting Backward classes In the constitution……………………….10
7) Caste and caste Based Social movements……………………………………….11
8) Constitutional Protection Of Scheduled Castes………………………………….12
9) Legislations regarding Crimes Against Scheduled Castes……………………….13
10) Legislations Protecting Rights Of Minorities……………………………………15
11) Social development of Women……………………………………………………18
12) References………………………………………………………………………….23

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ABSTRACT
Topic of the project- Social development
Selection of the topic- Social Development in India
Research Problem- What are the Social Problems faced by India Today and what steps are
taken to alleviate Property.
Research Design- Project is based on Doctrinal type of Research Methodology.
Identification of Variables –
 Dependent variable – Social schemes introduced by government
 Independent Variable – Social problems faced by India Today
Hypothesis- Relation between social problems in India and Government Schemes
Sources - Collection of Data- Books, Legislations Introduced by Government

SCOPE OF THE STUDY

The Problems faced by Indian Society are enormous. There is Poverty, malnutrition, Crimes
against Minority, Caste discrimination etc. For solving these problems, we require efficient
legislations. The Government has Moved Forward and has Introduced various legislations
such widow remarriage Act, 1856 Child Marriage Restraint Act, 1856, prevention Of Sati
restraint Act, 1929 as amended in 1987.
The Judiciary has also passed many Landmark Judgements for the Cause Of social
development. Visakha Vs State of Rajasthan is one of the Landmark Judgements which
gave guidelines for safety of women. The Judgement in Shayara Bano Vs Union of India
which is the Triple Talaq Judgement is one where the Society is Progressing and Court
abolished the Practice Of triple Talaq calling its Unjust and unfair to Muslim women.
In India the Ministry of Social Justice & Empowerment is entrusted with the empowerment
of the disadvantaged and marginalized sections of the society. The target groups of the
Ministry are:
 Scheduled Castes
 Other Backward Classes
 Senior Citizens
 Victims of Substance Abuse
 DE notified, Nomadic and Semi-Nomadic Tribes
The Ministry has been implementing various programmes/schemes for social, educational
and economic development of the target groups. As a result, there has been considerable
improvement in the welfare of these groups. Due to discontinuance of caste census after
1931, disaggregated demographic data for OBCs is not available. The Mandal Commission
had estimated OBC population at 52% of the total population. Similarly, authentic data for

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Victims of Substance Abuse is not available. At least 1% of the population is understood to
be addicted
WHAT IS DEVELOPMENT?
Development is defined as a state in which things are improving. But it is defined in different
ways in various contexts, social, political, biological, science and technology, language and
literature. In theocon-economic context, development means the improvement of people’s
lifestyles through improved education, incomes, skills development and employment. It is the
process of economic and social transformation based on cultural and environmental
condition.
WHAT IS SOCIAL DEVELOPMENT?
Social development is a process which results in the transformation of social institutions in a
manner which improves the capacity of the society to fulfil its aspirations. It implies a
qualitative change in the way the society shapes itself and carries out its activities, such as
through more progressive attitudes and behaviour by the population, the adoption of more
effective processes or more advanced technology. As you see in the illustration below, there
is a close relation among environments, ways of living and technology.
WHAT IS HUMAN DEVELOPMENT?
Human development focuses on expanding and widening of people’s choices as well as
raising the levels of wellbeing. It covers almost all aspects of human life and people’s choices
like economic, social, political, cultural, educational, physical, biological, mental and
emotional. Income is only one of the many components of development. Human development
places people at the centre of development and emphasizes that the purpose of development
is to enlarge all human choices, and not just income. It regards economic growth as essential
but emphasizes the need to pay attention to its quality and distribution
HUMAN DEVELOPMENT INDEX
The concept of human development was introduced by Rd. Mahbub ul Haqq, a Pakistani
economist who described it as development that enlarges people’s choices and improves their
lives. The Indian Noble Laureate Professor Amartya Sen has also made contributions to the
evolution of this concept and defined its development that increases freedoms.
The Human Development Index (HDI) was developed in 1990 by a group of economists
including Rd. Mahbub ul Haqq and Professor Amartya Sen. It has been used since then by
United Nations Development Programme (UNDP) in its annual Human Development Report.
DISPARITIES IN INDIA

1. Per Capita Income: Per capita income is the essence of the level of economic
activity in the region. There are very wide regional disparities in per capita income.
For the year 2005-06, national average of per capita income was Rs. 25,716.
There were only eleven States which had per capita income higher than the
national average. The bottom seven poorest States that had per capita income
below the national average are Bihar, Uttar Pradesh, Madhya Pradesh, Orissa,
Rajasthan, Jharkhand and Chhattisgarh. These States are home to more than half
of India's population.

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2. Poverty: State-wise poverty ratios have witnessed a decline over the years.
Though poverty has declined at the macro-level, rural-urban and inter-state
disparities are continuing. The poverty ratio is still relatively high in Orissa,
Madhya Pradesh, Chhattisgarh, Bihar, Jharkhand and Uttar Pradesh. Poverty
rates in rural Orissa (43%) and rural Bihar (40%) are some of the worst in the
world. On the other hand, rural Haryana (5.7%) and rural Punjab (2.4%) compare
well even at global level with some of the middle-income countries.
3. Industrial growth: The initial distribution of industries in India was determined
by the historical process of growth driven primarily by the interests of the British
Rulers. As a result, most of the industries were concentrated at a few centres.
This pattern has continued in the post-independence period as well despite all
attempts made so far to expand the process of industrialization of various regions.
4. Agricultural growth: Regional disparities in agricultural growth have increased
over the years with the States of Punjab, Haryana and Uttar Pradesh, pushing
well ahead of others. The per capita average food grain production has been
the highest in Punjab and the lowest in Kerala. Mizoram and Maharashtra are
at the lowest level in respect of irrigated areas. States like Punjab and Haryana
achieved high rate of agricultural productivity because of having extensive
irrigation facilities and intensive use of fertilizers. In majority of the States
agricultural growth is yet to pick up the needed pace and come up to them
potential.

5. Literacy: It is one of the major indicators of socio-economic development but

there are great disparities in this respect in various regions. According to Census
2001, the literacy rate is the highest in Kerala and the lowest in Bihar. Whereas
the all-Indian average of literacy rate was 65.38 percent, it was 90.92 percent
in Kerala and only 47.53 percent in Bihar. There are significant variations among
rest of the States also.

6. Transport and Communications: Transport and communication in India are of

various types. The common forms of transportation are Roadways, Railways,
Airways and Waterways. When you look at the data in respect of even one of
these, you may appreciate the prevailing disparities. For example, in respect of
road length there are some States that are at a very advanced level, whereas
there are some in which the road situation is very poor. With regard to total road
length per 100 km. Kerala tops the list whereas the State of Jammu and Kashmir is at bottom
is at the bottom.
STRUCTURE OF INDIAN SOCIETY
India is the second most populous country in the world after China, with a total population of
121 crores (or 1.21 billion) according to the Census of India 2011 (Provisional)., the growth
rate of India’s population has not always been very high. Between 1901–1951 the average
annual growth rate did not exceed 1.33%, a modest rate of growth. In fact, between 1911 and
1921 there was a negative rate of growth of – 0.03%. This was because of the influenza
epidemic during 1918–19 which killed about 12.5 million persons or 5% of the total
population of the country. The growth rate of population substantially increased after
independence from British rule going up to 2.2% during 1961-1981. Since then although the
annual growth rate has decreased it remains one of the highest in the developing world. Chart
1 shows the comparative movement of the crude birth and death rates. The impact of the

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demographic transition phase is clearly seen in the graph where they begin to diverge from
each other after the decade of 1921 to 1931.
Before 1931, both death rates and birth rates are high, whereas, after this transitional moment
the death rates fall sharply but the birth rate only falls slightly.
The literacy rate has increased from less than 20 per cent in 195 1 to 65 per cent in 2001.
According to the recent Human Development Reports of UNDP, India has moved from the
category of "low" human development to that of "medium”. In the last few decades, it
became clear that India and other developing countries had neglected social aspect of
development. As Amartya Sen says in his writings, social sector development has both
instrumental value (means to development) and intrinsic value (an end in itself in terms of
increasing capabilities, opportunities and freedom). The UNDP's global and national Human
Development Reports since 1990 focused attention on various aspects of human
development. The concept of social development is supposed to be broader than that of
human development.

Social Development Index

First, we look at the SDI across states. An attempt is made in the report to con- struct a
composite social development index Economic and Political Weekly September 16, 2006
3955by taking into account six major dimensions of social development. Each component has
several indicators. They are:
(1) demographic parameters
(2) health care indicators
(3) basic amenities indicators like 'pucca' house, safe drinking water, toilet facility, electricity
(4) education attainment indicators
(5) unemployment
(6) social deprivation related indicators such as literacy of SCs, STs and females in relation
to total, the ratio of consumption of Muslims to total, the ratio of female unemployment to
total and the child sex ratio turning to major areas of social development, the analysis of
poverty and unemployment shows that they are concentrated both geographically and in
terms of social categories. The rural poor are being concentrated in Bihar, Orissa, Madhya
Pradesh and Uttar Pradesh and the urban poor are concentrated in Uttar Pradesh,
Maharashtra, West Bengal, Madhya Pradesh and Andhra Pradesh. Similarly, poverty is being
concentrated among agricultural labourers, SCs and STs. Poverty alleviation strategies
adopted in the last five decades can be classified in to four broad groups:
(a) Institutional reforms;
(b) empowerment of the poor
(c) development of resource deficient areas
(d) special employment programmes and safety nets.

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There that improving agricultural growth in the semi- arid regions is important in order to
meet the challenge of poverty and unemployment. It also argues that poverty alleviation
programmes must go beyond the minimalist approach of safety nets and the schemes can be
made more effective through decentralisation
LEGISLATIVE MEASURES RELATED TO WELFARE OF TRIBALS
SC/ST (Prevention of Atrocities) Act
An Act to prevent the commission of offences of atrocities against the members of the
Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such
offences and for the relief and rehabilitation of the victims of such offences and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Fortieth Year of the Republic of India as Follows:
 This Act may be called the Scheduled Castes and the Scheduled extent and Tribes
(Prevention of Atrocities) Act, 1989.
 It extends to the whole of India except the State of Jammu & Kashmir.
 It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Definitions
1. In this Act unless the context otherwise requires –
o "Atrocity" means an offence punishable under section 3
o "Code" means the Code of Criminal Procedure, 1973 (2 of 1974)

o "Scheduled Castes and Scheduled Tribes" shall have the mean-ins assigned to
them respectively under clause (24) and clause (25) of article 366 of the
Constitution
o "Special Court" means a Court of Session specified as a Special Court in
section 14
o "Special Public Prosecutor" means a Public Prosecutor specified as a Special
Public Prosecutor or an advocate referred to in section 15
o words and expressions used but not defined in this Act and de-fined in the
Code or the Indian Penal Code (45 of 1860) shall have the meanings assigned
to them respectively in the Code, or as the case may be, in the Indian Penal
Code.
2. Any reference in this Act to any enactment or any provision thereof shall in relation to
an area in which such enactment or such provision is not in force, be construed as a
reference to the corresponding law, if any, in force in that area.

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 Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006
This act was passed to recognise Right of tribes of forest dwellers on forest land.

The ‘Prohibition of Employment as Manual Scavengers and their

Rehabilitation, Act,2013

Eradication of dry latrines and manual scavenging and rehabilitation of manual scavengers in
various occupation has been a region of high priority for the govt. Towards this finish, a
multi-pronged strategy was followed, consisting of the subsequent legislative also as
programmatic interventions:

“Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act,

2013
In spite of the on top of measures taken by the govt., manual scavenging continuing to exist
that became evident with the discharge of 2011 the Census knowledge indicating existence of
quite twenty six large integer unhygienic latrines within the country. Therefore, Government
determined to enact another law to hide all sorts of unhygienic latrines and things that
provide occasion for manual scavenging. The ‘Prohibition of Employment as Manual
Scavengers and their Rehabilitation Act, 2013’ (MS Act, 2013) was glided by the Parliament
in Gregorian calendar month, 2013 and has get force from sixth Dec, 2013. This Act intends
to, inter alia, win its objectives to establish and eliminate the unhygienic latrines.
Prohibit:
I) Employment as Manual Scavengers
ii)venturous manual clean-up of sewer and septic tanks establish and rehabilitate the manual
scavengers.
BACKWARD CLASSES
The expression Backward class is not used as synonymous with Backward caste or
community. The members of entire caste or community may in social economic and
backward Scale of values at a given time be Backward and may on that account be treated as
a Backward class but not on basis that they are members of a backward caste or community.1
LEGISLATIONS RELATED TO BACKWARD CLASSES

National Commission for Backward classes Act, 1993

This Act perhaps known as the National Commission for Backward categories Act, 1993.
It extends to the complete of Asian country except the State of Jammu and geographical area.
(2) It extends to the complete of Asian country except the State of Jammu and geographical
area. It shall be deemed to possess get force on the first day of February, 1993.
"(3) It shall be deemed to possess get force on the first day of February, 1993."

1
Trilok Nath vs state of J&K., AIR 1969 SC. 1,3

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Definitions
In this Act, unless the context otherwise requires—
“Backward categories”- means that such backward categories of voters apart from the
scheduled Castes and also the scheduled Tribes as is also such that by the Central
Government within the lists;
(a) “Backward classes” means that such backward classes of voters apart from the
scheduled Castes and also the scheduled Tribes as is also such that by the Central
Government within the list
b) “Commission” means that the National Commission for Backward categories
c) “lists” means that lists ready by the govt of India from time to time for functions of
creating provision for the reservation of appointments or posts in favour of backward
categories of voters that, within the opinion of that Government, don't seem to be adequately
portrayed within the services below the govt of India any native or different authority among
the territory of India or below the management of the govt of India;"

(d) “Member” means that a Member of the Commission and includes the Chairperson;"
“prescribed” means that prescribed by rules created below this Act.
" (e) “prescribed” means that prescribed by rules created below this Act."
CONSTITUTIONAL PROTECTION OF BACKWARD CLASSES
The constitution doesn't describe the term backward classes.
It is up to the centre and also the states to postulate the categories that belong to the present
cluster. However, it's understood that categories that don't seem to be drawn adequately
within the services of the state will be termed, backward categories.
Further, the President will, under Art. 340 represent a commission to research the condition
of socially and educationally backward categories. supported this report, the president might
specify the backward categories. Commission for Enquiring into Conditions of Backward
categories
Article 340: Appointment of a Commission to research the conditions of backward
categories.2

Safeguards about academic & Public Employment

Article 15: Prohibition of discrimination on grounds of faith, race, caste, sex or place of birth.
Article 16: Equality of chance in matters of public employment.
Art. fifteen (4): “Nothing during this article or in article 29(2) shall stop the state from
creating any provisions for the advancement of any socially and economically backward
categories of voters or for scheduled Castes and scheduled Tribes.” This clause started the
time of reservations in Republic of India. you will please note that Art. 15(4) talks regarding

2
https://www.civilsdaily.com/constitutional-provisions-for-socially-educationally-backward-classes-obcs-
safeguards-relating-to-educational-public-employment/

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backward categories and not backward castes so caste isn't the sole criterion for mental
retardation and alternative criteria should even be thought of.
Art. fifteen (5): This clause was value-added in 93rd modification in 2005 and permits the
state to create special provisions for backward categories or SCs or STs for admissions
privately academic establishments, power-assisted or unaided.
Art. 16(4): This clause permits the state to order vacancies publicly service for any backward
categories of the state that don't seem to be adequately drawn within the public services.
Art. sixteen (4A): this permits the state to implement reservation within the matter of
promotion for SCs and STs.
Art. 16(4B): this permits the state to think about empty vacancies reserved for backward
categories as a separate category of vacancies not subject to a limit of fifty reservation.
CASTE AND THE CASTE SYSTEM
CASTE IN THE PAST
Caste is an institution uniquely associated with the Indian sub-continent. While social
arrangements producing similar effects have existed in other parts of the world, the exact
form has not been found elsewhere. Although it is an institution characteristic of Hindu
society, caste has spread to the major non-Hindu communities of the Indian sub-continent.
This is especially true of Muslims, Christians and Sikhs
The most commonly cited defining features of caste are the following:
1. Caste is determined by birth – a child is “born into “the caste of its parents. Caste is never a
matter of choice. One can never change one’s caste, leave it, or choose not to join it, although
there are instances where a person may be expelled from their caste.
2. Membership in a caste involves strict rules about marriage. Caste groups are
endogamous”, i.e. marriage is restricted to members of the group.
3. Caste membership also involves rules about food and food-sharing. What kinds of food
may or may not be eaten is prescribed and who one may share food with is also specified?
4. Caste involves a system consisting of many castes arranged in a hierarchy of rank and
status. In theory, every person has a caste, and every caste has a specified place in the
hierarchy of all castes. While the hierarchical position of many cases, particularly in the
middle ranks, may vary from region to region, there is always a hierarchy.
5. Castes also involve sub-divisions within themselves, i.e., castes almost always have sub
castes and sometimes sub-castes may also have sub-sub-castes. This is referred to as a
segmental organisation
6. Castes were traditionally linked to occupations. A person born into a caste could only
practice the occupation associated with that caste, so that occupations were hereditary, i.e.
passed on from generation to Ayana, born in Kerala, was a leader of the lower castes and

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Dalits. With his efforts, Dalits got the freedom to walk on public roads, and Dalit children
were allowed to join schools.3
CASTE BASED MOVEMENTS
SOCIAL MOVEMENTS OF DALITS
Social movements of Dalits show a particular character. The movements cannot be explained
satisfactorily by reference to economic exploitations alone or political oppression, although
these dimensions are important. This is a struggle for recognition as fellow human beings. It
is a struggle for self-confidence and a space for self-determination. It is a struggle for
abolishment of stigmatisation, that untouchability implied. It has been called a struggle to be
touched.
Schemes of Interest Subsidy on Education Loans
The objective of the scheme is to award interest subsidy to meritorious students belonging to
the Other Backward Classes and Economically Backward Classes so as to provide them
better opportunities for higher education abroad and enhance their employability.
Scope
The is a Central Sector Scheme to provide interest subs day to the student belonging to the
OBCs and EBCs on the interest payable for the period of moratorium for the Education
Loans for overseas studies to pursue approved courses of studies abroad at Masters, M.Phil.
and Ph.D. level.
CONSTITUTIONAL PROVISIONS RELATED TO PROTECTION OF SC
ARTICLE 17 - Abolition of Untouchability:
"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any
disability arising out of "Untouchability" shall be an offence punishable in accordance with law.
ARTICLE 341
"Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races
or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution;
The President may with respect to any State or Union Territory, and where it is a State, after
consultation with the Governor thereof, by public notification, specify the castes, races or tribes or
parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be
deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a
notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or
tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any
subsequent notification.
ARTICLE 16. -Equality of opportunity in matters of public employment –
(1) There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.

3
http://www.yourarticlelibrary.com/india-2/tribal-movement-in-india-before-and-after-independence-2796-
words/6141

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(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or
any of them, be ineligible for, or discriminated against in respect of, any employment or office under
the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a
class or classes of employment or appointment to an office under the Government of, or any local or
other authority within, a State or Union territory, any requirement as to residence within that State or
Union territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of
appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is
not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation in
matters of promotion, with consequential seniority, to any class or classes of posts in the services
under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the
opinion of the State, are not adequately represented in the services under the State.
(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year
which are reserved for being filled up in that year in accordance with any provision for reservation
made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding
year or years and such class of vacancies shall not be considered together with the vacancies of the
year in which they are being filled up for determining the ceiling of fifty per cent reservation on total
number of vacancies of that year.
ARTICLE 46 - Promotion of Educational and Economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections –
The State shall promote with special care the educational and economic interests of the weaker
sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall
protect them from social injustice and all forms of exploitation.
ARTICLE 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts –
The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into
consideration, consistently with the maintenance of efficiency of administration, in the making of
appointments to services and posts in connection with the affairs of the Union or of a State:
Provided that nothing in this article shall prevent in making of any provision in favour of the
members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any
examination or lowering the standards of evaluation, for reservation in matters of promotion to any
class or classes of services or posts in connection with the affairs of the Union or of a State.
LEGISLATIONS REGARDING CRIMES AGAINST SCHEDULED CASTES
CASTE DISABILITIES REMOVAL ACT, 1950
One of the earliest such laws was the which disallowed the curtailment of rights of citizens due solely
to change of religion or caste. This act allowed for entry of ST and Sc’s to school

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989.

An Act to prevent the commission of offences of atrocities against the members of the Scheduled
Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for
the relief and rehabilitation of the victims of such offences and for matters connected therewith or
incidental thereto.

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BE it enacted by Parliament in the Fortieth Year of the Republic of India as Follows:

 This Act may be called the Scheduled Castes and the Scheduled extent and Tribes (Prevention
of Atrocities) Act, 1989.

 It extends to the whole of India except the State of Jammu & Kashmir.

 It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
Definitions
3. In this Act unless the context otherwise requires –
o "Atrocity" means an offence punishable under section 3
o "Code" means the Code of Criminal Procedure, 1973 (2 of 1974)
o "Scheduled Castes and Scheduled Tribes" shall have the mean-ins assigned to them
respectively under clause (24) and clause (25) of article 366 of the Constitution
o "Special Court" means a Court of Session specified as a Special Court in section 14
o "Special Public Prosecutor" means a Public Prosecutor specified as a Special Public
Prosecutor or an advocate referred to in section 15
o words and expressions used but not defined in this Act and de-fined in the Code or
the Indian Penal Code (45 of 1860) shall have the meanings assigned to them
respectively in the Code, or as the case may be, in the Indian Penal Code.
4. Any reference in this Act to any enactment or any provision thereof shall in relation to an area
in which such enactment or such provision is not in force, be construed as a reference to the
corresponding law, if any, in force in that area.

The Protection of Civil Rights Act, 1955

: In pursuance of Article 17 of the Constitution of India, the Untouchability (Offences) Act, 1955 was
enacted and notified on 08.05.1955. Subsequently, it was amended and renamed in the year 1976 as
the "Protection of Civil Rights Act, 1955". Rules under this Act, viz “The Protection of Civil Rights
Rules, 1977” were notified in 1977. The Act extends to the whole of India and provides punishment
for the practice of untouchability. It is implemented by the respective State Governments and Union
Territory Administrations. Assistance is provided to States/ UTs for implementation of Protection of
Civil Rights Act, 1955.

The ‘Prohibition of Employment as Manual Scavengers and their

Rehabilitation Act, 2013’ (MS Act, 2013):
Eradication of dry latrines and manual scavenging and rehabilitation of manual scavengers in
alternative occupation has been an area of high priority for the Government. Towards this end, a
multi-pronged strategy was followed, consisting of the following legislative as well as
programmatic interventions:
Enactment of “Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition)
Act, 1993(1993 Act);”

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 1. Integrated Low Cost Sanitation (ILCS) Scheme for conversion of dry latrines into
sanitary latrines in urban areas; and
2. Launching of National Scheme for Liberation and Rehabilitation of Scavengers
(NSLRS).
3. Self-Employment Scheme for Rehabilitation of Manual Scavengers.
In spite of the above measures taken by the Government, manual scavenging continued to exist which
became evident with the release of 2011 the Census data indicating existence of more than 26 lakh
insanitary latrines in the country. Therefore, Government decided to enact another law to cover all
types of insanitary latrines and situations which give occasion for manual scavenging. The
‘Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ (MS Act,
2013) was passed by the Parliament in September, 2013 and has come into force from 6th December,
2013. This Act intends to, inter alia, achieve its objectives to:
1. Identify and eliminate the insanitary latrines.
2. Prohibit: - I) Employment as Manual Scavengers
3. ii) Hazardous manual cleaning of sewer and septic tanks
4. Identify and rehabilitate the manual scavengers
WHO IS A MINORITY?
"a group of people who, because of their physical or cultural characteristics, are singled out from the
others in the society in which they live for differential and unequal treatment, and who therefore
regard themselves as objects of collective discrimination". The definition includes both objective and
subjective criteria: membership of a minority group is objectively ascribed by society, based on an
individual's physical or behavioural characteristics; it is also subjectively applied by its members, who
may use their status as the basis of group identity or solidarity. Thus, minority group status is
categorical in nature: an individual who exhibits the physical or behavioural characteristics of a given
minority group is accorded the status of that group and is subject to the same treatment as other
members of that group.
MINORITY IN INDIA
The following communities have been notified as minority communities by the Government of India,
Ministry of Minority Affairs;
Sikhs, Muslims, Christians, Buddhists .Jains
GOVERNMENT SCHEMES FOR WELFARE OF MINORITIES
Reservation for SC/ST/OBC in Higher Education

 According to The University Grants Commission (UGC), candidates belonging to the

Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs)
categories, who have secured at least 50% marks (without rounding off) in Master’s degree or
equivalent examination from universities/ institutions, recognized by the UGC, are eligible for
appearing in the National Eligibility Test (NET).

 USTAAD:- The Scheme aims at upgrading Skills and Training in preservation of

traditional   Ancestral Arts/Crafts of minorities.

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  Hamari Darohar:- The Scheme aims to preserve rich heritage of minority
communities in context of Indian culture.
 Khwaza Garib Nawaz Senior Secondary School will be established at Ajmer by
Maulana Azad Education Foundation (MAEF) to give a fillip to minority education.
 Nai Manzil: A bridge course to bridge the academic and skill development gaps of
the deeni Madrasa passouts with their mainstream counterparts.
 Strengthening of State Wakf Boards: The scheme envisages to provide assistance
for meeting the training and administrative cost of State Wakf Boards, removal of
encroachment from Waqf Properties and also strengthening of Zonal/Regional offices
of Waqf Boards.

 LAWS RELATING TO MINORITIES

National Commission for Minorities Act, 1992
This Act may be called the National Commission for Minorities Act, 1992. It extends to the
whole of India except the State of Jammu and Kashmir It shall come into force on such date
as the Central Government may, by notification in Official Gazette, appoint.
Functions of the Commission
The Commission shall perform all or any of the following functions, namely: -
evaluate the progress of the development of Minorities under the Union and States.
a. monitor the working of the safeguards provided in the Constitution and in laws
enacted by Parliament and the State Legislatures.
b. make recommendations for the effective implementation of safeguards for the
protection of the interests of Minorities by the Central Government or the
State Governments.
c. look into specific complaints regarding deprivation of rights and safeguards of
the Minorities and take up such matters with the appropriate authorities.
d. cause studies to be undertaken into problems arising out of any discrimination
against Minorities and recommend measures for their removal.
e. conduct studies, research and analysis on the issues relating to socio-economic
and educational development of Minorities.
f. suggest appropriate measures in respect of any Minority to be undertaken by
the Central Government or the State Governments and make periodical or
special reports to the Central Government on any matter pertaining to
Minorities and in particular the difficulties confronted by them
The Wakf Act, 1996
The term waqf literally means "confinement and prohibition" or causing a thing to stop or
stand still. The legal meaning of Waqf is the detention of specific thing in the ownership of
waqf and the devoting of its profit or products "in charity of poor or other good objects". A
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waqf was used to keep money or property together in private hands; a pooling of wealth to
maintain private ownership. It is a pious and perpetual endowment that is free from tax.
The Dargah Khawaja Saheb Act, 1955
The Dargah Khawaja Saheb Act, 1955 is law of India passed by parliament in 1955. It
provides for constitution of a Dargah Committee to manage Dargah Sharif in Ajmer. The
Dargah Committee, appointed by the Government, manages donations, takes care of the
maintenance of the shrine, and runs charitable institutions like dispensaries, and guest houses
for the devotee
TRIPLE TALAQ JUDGEMENT (SHAYARA BANO VS UNION OF INDIA)

In a landmark Judgement on August 22, 2017 the supreme court of India in a 3:2 spilt verdict
deemed the practice of Triple Talaq or Talaq-e- Ibadan i.e. power to grant divorce by Muslim
man by telling 3 times talaq to his wife as unconstitutional. It was a victory for Muslim
Women who were painstakingly advocating for reforms in their personal law system which
was dominated by Patriarchy

SOCIAL DEVELOPMENT OF WOMEN

Various legislations were passed by the government for upliftment of women., some of them
are:

Bengal Sati Regulation (Prevention of Sati Act), 1829

It was one of the Foremost and Best Legislation relating to Banning of practice of sati (Under
the Leader Ship of Lord William Bentick) which was widespread in India during this period.
The Custom was More widespread In Brahmana and Kshatriya Families. As We have seen
earlier Widows had the option of either dying in the pyre of the husband or leading a life of
austere. As they were young and could not accept the life of austerity, they accepted the
custom of Sati. As James Mill wrote in his Book History of British India that the condition of
women in society is the metre through which we could measure the progress of society, the
Condition of Society was not good during that period.
Widow Remarriage Act, 1856
One of the Important and foremost milestone in the movement of women rights In India was
the passing Of Widow Remarriage Act,1856 Under Leadership of Lord William Canning. It
Could Be considered as an Important Legislation in India with Regard to Condition of
Women
The Main Provisions of Hindu Marriage Act are as Follows
1) No Marriages Contracted between the Hindus Would Be Invalid and the Issue of no
marriage shall be illegitimate by the reason of women being previously married or betrothed
to another person who was dead at the time of such marriage, any custom or interpretation of
Hindu Law Notwithstanding.

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2) All the Rights and interests which any Widow may have in her deceased Widow property
by the way of maintenance or inheritance to her husband or to his lineal successors
3) Except as in the 3 preceding decisions Provided, a Widow shall not by reason of her
Remarriage fortify any Property or Any Right to Which she would otherwise be entitled and
every widow who has remarried shall have same rights of Inheritance as she would had, such
marriage would have been his first Marriage.
4) Whatever words spoken, ceremonies performed or engagements made on marriage of
a Hindu female who had not been previously married are sufficient to constitute a valid
Marriage shall have same effect, If Spoken Performed or Made on Marriage of a Hindu
Widow and No Marriage shall be declared Invalid on ground that such marriages are Invalid
on the Widow.
Before 1937 Under the Mitakshara and Davakhana School of Law
1) Widow only succeed to her Husband’s estate in absence of a Son, Son’s Son or Great
Grand Son and the Estate which she took after the Death of her Husband was hers only for
her Lifetime After which the Property passed onto nearest Legal Heir of Her Husband.
1. Davakhana School
The Widow succeed to her Husband share whether or not she was member of her
husband’s Coparnercy
2. Mitakshara School
She Succeeded to his estate Only if she were separate and simply had a Right to Maintenance
If She Were a Joint coparcener.
The Customary Law was Further reiterated in the Privy Council Judgement in !880 which
stated “Once a Widow has Succeeded to her Deceased Husband Estate, She Does Not Forte
fit her Right to Enjoyment of That Estate by Living an Unchaste Life 4

The Case of Har Saran Das Vs Nandi Decided by Allahabad High Court In 1889 which
was to become an Important Precedent inf Customary Hindu Law. The Court Gave the
Verdict That Classes and Castes which were Allowed to remarry even Before the Passing of
Widow Remarriage Act, 1856 would Not be
Subjected to Jurisdiction of the law.
Hindu Women Right to Property Act, 1937
This Act gave The Hindu Widow who was Previously been excluded From Inheritance By
son, grandson etc, a right to intestate succession equal to a Son’s Share in The Regard to her
husband Property Liable to devolution by succession
Age of Consents Act, 1881
4
Motiram Koliva Vs Keri Collothalami, ILR, 5 Cal. 776 PC

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After the notorious case of Queen v. Hare Mohan Mythee in which an 11 years old girl died
due to the injuries received by the sexual intercourse with his 35 years old husband, the
movement against child marriage and raising the age of consummation gain momentum.
Which led to passing of Age of Consent Act, 1881. It was One of the most Important
legislation passed to preserve the self-respect of girl child and according to which the age of
consummation was raised from 10 to 12 which It Led To zenith of long – drawn battle for
Restitution of Conjugal rights, this act also amended the Criminal procedure Code and The
Civil procedure Code.
IMPORTANT LAWS RELATED TO WOMEN
The Immoral Traffic (Prevention) Act, 1956
In 1956 India passed the Suppression of Immoral Traffic in Women and Girls Act, 1956
(SITA). The act was further amended and changed in 1986, resulting in the Immoral Traffic
Prevention Act also known as PITA. PITA only discusses trafficking in relation to
prostitution and not in relation to other purposes of trafficking such as domestic work, child
labour, organ harvesting, etc. The following is an outline of the provisions in this law that
pertains to children below the age of 18.
The act defines child as any person who has completed eighteen years of age. The first
section of the act has provisions that outline the illegality of prostitution and the punishment
for owning a brothel or a similar establishment, or for living of earnings of prostitution as is
in the case of a pimp. Section five of the act states that if a person procures, induces or takes a
child for the purpose of prostitution then the prison sentence is a minimum of seven years but
can be extended to life. To ensure that the people in the chain of trafficking are also held
responsible the act has a provision that states that any person involved in the recruiting,
transporting, transferring, harbouring, or receiving of persons for the purpose of prostitution
if guilty of trafficking. In addition, any person attempting to commit trafficking or found in
the brothel or visiting the brothel is punishable under this law.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013
The Act is enacted by the Indian Parliament to produce protection against molestation of girls
at work and hindrance and redressal of complaints of molestation and for matters connected
with that or incidental to that. molestation is termed as a violation of the basic rights of a lady
to equality underneath Articles fourteen and fifteen of the Constitution of India. Right to life
and to measure with dignity underneath Article twenty-one of the Constitution of India.
molestation is additionally thought of a violation of a right to observe any profession or to
hold on any occupation, trade or business which incorporates a right to a secure atmosphere
free from molestation.5
LANDMARK JUDGEMENT OF SUPREME COURT RELATING TO WOMEN
RIGHTS

5
www.mondaq.com

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VISAKHA VS STATE OF RAJASTHAN
Bhanwari Devi was a saathin (social worker) for the Women’s Development Programme in
Bhateri (Rajasthan, India), working on a campaign to end child marriage. As part of her job,
she worked directly with families to prevent the marriages and report cases to the police
when urgent follow-up action was needed. This included one particular case, where Bhanwari
reported a family from the Gujjar community to the police. They were arranging the marriage
of a one-year old infant.
Judgement
Disciplinary Action. wherever such conduct amounts to misconduct engaged as outlined by
the relevant service rules, acceptable disciplinary action ought to be initiated by the leader in
accordance with those rules.
criticism Mechanism. whether or not or not such conduct constitutes Associate in Nursing
offence underneath law or a breach of the service rules, Associate in Nursing acceptable
criticism mechanism ought to be created within the employer’s organization for redress of the
criticism created by the victim. Such criticism mechanism ought to guarantee time sure
treatment of complaints.
Complaints Committee. The criticism mechanism ought to be equal to give, wherever
necessary, a Complaints Committee, a special counsellor or alternative support service, as
well as the upkeep of confidentiality.
Workers’ Initiative. staff ought to be allowed to boost problems with molestation at staff
meeting and in alternative acceptable forum and it ought to be affirmatively mentioned in
Employer-Employee conferences.
Awareness. Awareness of the rights of feminine staff during this regard ought to be created
above all by conspicuously notifying the rules (and acceptable legislation once enacted on the
subject) in appropriate manner.
wherever molestation happens as a results of Associate in Nursing act or omission by any
third party or outsider, the leader and person to blame can take all steps necessary and cheap
to help the affected person in terms of support and preventive action.
Judgement
General Points

 Gender equality includes protection from sexual harassment and right to work with
dignity as per our constitution.

 Extra hazard for a working woman compared her male colleague is clear violation of
the fundamental rights of ‘Gender Equality’ & Right to Life and Liberty.

 Safe working environment is fundamental right of working woman.

 In no way working women may be discriminated at workplace against male

employees. (If a woman is, then it must be documented in company policies, for
example limitation of women in police and armed forces)

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  Working with full dignity is the fundamental right of working women.

 The right to work as an inalienable right of all working women

 The right to protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction (pregnancy, maternity & nursing etc) is
fundamental right of working women
Following can be termed as sexual harassment

 Anything at work that can place the working woman at disadvantage compared to
other male employees in her official career just because she is a woman – can be
termed as sexual harassment

 Unwelcome sexually determined behaviour & demands from males’ employees at

workplace:
o any physical contacts and advances

o sexually coloured remarks

o showing pornography

o passing lewd comments or gestures

o sexual demands by any means

REFERENCES
Books
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Shankar Rao, (2014) Sociology of Indian Society, S. Chand and Company, New Delhi
Myneni, SR (2016), Sociology for Law Students, Allahabad Law Agency, Faridabad
Websites
https://www.civilsdaily.com/constitutional-provisions-for-socially-educationally-backward-
classes-obcs-safeguards-relating-to-educational-public-employment
http://vikaspedia.in/social-welfare/backward-classes-1/schemes-1/schemes

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