Confronting Marginalisation

Why this chapter matters for UPSC: This chapter bridges theory (marginalisation) with practice (resistance and policy response) — the core of UPSC GS2 social justice questions. Government schemes for SC/ST/OBC, constitutional bodies like NHRC, NCW and NCBC, the 5th Schedule/PESA framework, and the role of civil society movements (MKSS → RTI; NBA → FRA) are standard Mains topics. Sub-categorisation of SC reservations (2024 SC judgment) adds immediate current-affairs relevance.

PART 1 — Quick Reference Tables

Key Government Schemes for Marginalised Groups

National Human Rights and Welfare Commissions

5th and 6th Schedule Areas

PART 2 — Detailed Notes

How Marginalised Groups Confront Marginalisation

The Dalit Movement

The modern Dalit movement traces its ideological foundation to Dr B.R. Ambedkar (1891–1956):

• Organised the Mahad Satyagraha (1927) — Dalits' right to use the Chavadar Tank (public water source) in Mahad, Maharashtra
• Burned the Manusmriti (1927) as a symbol of caste oppression
• Founded the Scheduled Castes Federation; converted to Buddhism with ~500,000 followers in 1956 (Nagpur)
• His vision: annihilation of caste through inter-dining, inter-marriage, and constitutional rights

Contemporary Dalit activism includes:

• DICCI (Dalit Indian Chamber of Commerce and Industry): Founded 2005; promotes Dalit entrepreneurship; seeks private sector reservations
• Dalit literature movements: Maharashtra (Namdeo Dhasal; Dalit Panthers 1972); Tamil Nadu (Bama, Sivakami)
• PIL litigation: Numerous SC cases on untouchability, atrocities, manual scavenging

Adivasi Resistance Movements

Pathalgadi Movement (2017–18): Jharkhand Adivasi movement that erected stone plaques (Pathalgadis) declaring their villages as sovereign under PESA and the Constitution. Highlighted gaps in PESA implementation and demands for genuine gram sabha autonomy.

Government Policies for Marginalised Groups

For OBCs — 102nd Constitutional Amendment (2018):

• Gave constitutional status to the National Commission for Backward Classes (NCBC) under Article 338B
• Previously, NCBC was a statutory body under the NCBC Act 1993 (a mere statute)
• Now, NCBC is a constitutional body — its recommendations carry greater weight
• However, the power to include/exclude OBC communities from the Central OBC list was transferred from NCBC to Parliament (the amendment also modified Article 342A)

Sub-categorisation issue: In Punjab v. Davinder Singh (2024), a 7-judge Constitution Bench held (6:1) that states can sub-categorise within SC/ST reserved categories to give preference to the most backward among SC/ST communities. This overruled E.V. Chinnaiah (2004) which had held SCs form a homogeneous class. Sub-categorisation (not "creamy layer" for SC/ST) is now constitutionally valid.

Role of Civil Society and Media

[Additional] 8a. SC/ST (Prevention of Atrocities) Act 1989 — Full Provisions, 2015/2016 New Offences, and 2018 Amendment Reversal of SC Dilution

The chapter mentions the PoA Act briefly. The specific new offences added in 2015–16, the Subhash Kashinath Mahajan SC dilution (2018), Parliament's reversal via the 2018 Amendment, and the Prithvi Raj Chauhan judgment (2020) are absent — all heavily tested in UPSC.

[Additional] 8b. NHRC — 2019 Amendment (Chairperson Eligibility Change) and Structural Limitations

The file states NHRC Chairperson must be a "retired Chief Justice of India." This is outdated — the Protection of Human Rights (Amendment) Act 2019 changed eligibility to allow any retired SC judge. This update is important for Prelims.

Exam Strategy

Prelims traps:

• NCBC was given constitutional status by the 102nd Amendment 2018 (Article 338B) — distinguish from the NCBC Act 1993 (statutory)
• NCST was created by the 89th Amendment 2003 (bifurcated from NCSC which earlier handled both SC and ST)
• PESA 1996 applies to 5th Schedule areas only — the Northeast has a separate ADC framework under the 6th Schedule
• NHRC Chairperson must be a retired Chief Justice of India — not just any retired judge (Protection of Human Rights Act 1993)
• PM-JANMAN (2023) is for PVTGs (75 groups) — distinct from general ST welfare programmes
• The 50% reservation ceiling does NOT apply to SC/ST sub-categorisation — the ceiling question is about total quantum of reservation, not internal distribution

Mains angles:

• Evaluate the effectiveness of PESA 1996 in empowering tribal gram sabhas — institutional analysis
• Sub-categorisation of SC/ST reservations: constitutional validity and social justice implications
• Role of social movements in shaping legislation: NBA (land acquisition law), MKSS (RTI), forest rights movement (FRA)

Practice Questions

Prelims:

1. With reference to the National Commission for Backward Classes, which of the following statements is/are correct?
   

   1. It was given constitutional status by the 102nd Constitutional Amendment Act 2018
      
   2. It is headed by a retired Chief Justice of India
      
   3. It can recommend inclusion or exclusion of communities from the Central OBC list
      (a) 1 only
      (b) 1 only (Statement 2 is wrong — headed by Chairperson, not retired CJI; Statement 3 is wrong — power now with Parliament)
      (c) 1 and 3 only
      (d) 2 and 3 only

2. The Panchayats (Extension to Scheduled Areas) Act (PESA) 1996 is applicable to:
   (a) Fifth Schedule Areas
   (b) Sixth Schedule Areas
   (c) Both Fifth and Sixth Schedule Areas
   (d) All tribal districts in India

Mains:

1. "Social movements in India have been more effective than government schemes in securing rights for marginalised communities." Critically examine with suitable examples. (CSE Mains 2021, GS Paper 2, 15 marks)

2. Examine the role of the National Human Rights Commission (NHRC) in protecting the rights of marginalised groups in India. What are its limitations? (CSE Mains 2019, GS Paper 2, 10 marks)