Editors:
Ms. Minimole. K and Sr.Sindhu.P.J(Sr.Sharin CTC)
Assistant Professors
Department of Economics and Political Science
St. Xavier’s College for Women, Aluva - 683 101
E-mail: minimol@stxaviersaluva.com
srsharin@stxaviersaluva.com
Publisher:
Swamy Law House
Website: www.swamylawhouse.com
E-mail: swamylawhouse@gmail.com
Ph: 0484-2361341, Mob: 9446161341
MESSAGE
Principal
Sr.Reethamma V.A
St. Xavier‟s College for Women, Aluva
ACKNOWLEDGEMENT
We express our whole hearted gratitude and obligation to
Rev. Sr. Reethamma, Principal, Rev. Sr. Geege Joanamma Xavier, Vice-
Principal and the Management of St. Xavier‟s College for Women, Aluva for
their encouragement and support for the publication of the book. We render our
sincere thanks to our contributors of various esteemed institutions and
organisations. We would also like to express our sincere thanks to Publisher of
the book, Adv.Venkit N.Y, Swamy Law House Publishers , Ernakulam.
Our heartiest thanks to Ms. Vandana Aravindan , Assistant Professor,
Department of Economics, Ms.Resmi. C.P, FDP Substitute Lecturer and all
other Staff members and Students of St. Xavier‟s College for Women, Aluva
for their cooperation and help in publishing the book on the topic. „ Exclusion
of Minorities and Indigenous People in India‟. We thank for the sincere help,
encouragement and unstinted cooperation from various quarters. We place on
record our indebtedness and gratitude to you all dear ones who were all the time
behind us in completing this task.
Minimole.K
Sr.Sindhu.P.J
Date: 03-09-17
Place: Aluva
FOREWORD
The book is the output of the Indian Council of Social Science
Research-Southern Regional Centre Sponsored National Seminar on
“Dimensions of Discrimination and Exclusion: The Experience of Minorities
and Indigenous People in India” held at Department of Economics and Political
Science of St.Xaviers College for Women, Aluva. The book titled as
„Exclusion of Minorities and Indigenous People in India‟ is important for
several reasons. Our society faces many challenges and issues that impose us
the necessity of reshaping the society with included of excluded. There is an
enormous responsibility of researchers and scholars in this area, since they are
expected to offer purposeful and efficient solutions and guidelines for the
problems of contemporary society. The book on “Exclusion of Minorities and
Indigenous People in India‟ has been the opportunity for researchers and
scholars to contribute solutions for solving dimensions of discrimination and
exclusion among Minorities and Indigenous people.
The book contains papers regarding the issues of Minorities and Indigenous
People in India. It is a collection of ten research papers based on their quality in
terms of the theme oriented topics which are relevant to policy issues. The first
paper deals with the Plight of the Religious Minorities in India – A Vicious
Circle of Exclusion. The Effects of Land Alienation on the Livelihood of
Scheduled Tribes in Kerala is the second paper. The Third paper focuses on
Indigenous People Rights over Biological Resources of India: Examine
Exclusionary Approach of Indian Biodiversity Act. Analysis of Human Rights
Violations against LGBT People in India is the Fourth paper of the book. The
Fifth paper deals with Violence against Scheduled Tribes in India and its
Preventive Checks. Social Exclusion and Inequalities in Maternal Health Care
in India is the Sixth paper. A Study on the Financial Inclusion of Pozhuthana
Grama Panchayath : A Socially Excluded Group In Wayanad District is the
Seventh paper. A Socio Economic Plight of Minority Communities in India,
Awareness of Human Rights among Women – A Case Study of Aluva
Municipality, Education and Indian constitution are the rest of the papers of the
book.
Dr. Xavier V. K, Ms.Aparna P, Ms. Chaithanya. E.P, Ms. Praseetha, Mr. Linto
Antony, Ms. Praseetha.V. P , Ms. Akhila. N , Ms. Hima. C. M , Ms. Amal
Sharin T J , Dr. Remmiya Rajan P, Ms. Reshmi CP, Sr.Sindhu.P.J, Dr. Ansa
Alphonsa Antony, Ms. Minimol K and Dr. Raji K Paul of various esteemed
institutions are the contributors of these ten research papers. I expect that
these Papers will be useful to the researchers, academicians as a ready reference
for the issues in Minorities and Indigenous People in India.
Minimole K
Sr.Sindhu.P.J
CONTENTS
Message
Acknowledgement
Foreword
Papers presented
This paper tries to explain the plight of the religious minorities in India – A
Vicious Circle of Exclusion. The strategy of the twelfth FYP seeks to achieve
inclusive and sustainable growth in India. In order to operationalize the
concept of inclusive growth it is necessary to have information relating to
various vulnerable groups which have not benefitted from the growth of the
economy. Among those groups that have missed the opportunities of sharing the
benefits of growth, religious minorities are a prominent group. The religious
minorities in India are concerned about their distinct identities such as their
religious symbols, cultural mores, prayer halls, burial grounds, dress, food,
language and living styles. They would like to protect it and seek security
against possible vandalization. The desire to preserve their identity and to be
extra-ordinarily protective of it in a measure alienates the minorities from the
main stream of the society. The alienation thus endangered through a subtle
system of discrimination causes them to be socially, economically and
politically excluded. The first section introduces the concept of exclusion of
religious minorities in India. The next section explains the constitutional rights
and safeguards for minorities in India. The third section gives the statistical
data on the profile of religious minority in India. The fourth section examines
the problems faced by religious minorities and concludes.
1
Exclusion of Minorities and Indigenous People in India
The State in the past have made attempts to improve the socio-economic
conditions of the citizens in general by formulating a series of development
programs for poverty alleviation and education development targeted to the
poor and down trodden and minorities have a sizeable number of poor among
them, they have also an opportunity to benefit from these programs in general.
Some programs also specially targeted to reach benefits to the minorities have
been launched such as 15 point program (Sachar Committee, 2006),
Establishment of Urdu and Tamil medium schools in Muslim and SC converted
Christian children dominated areas, 4 percent reservation of seats in higher
educational institutions and jobs in government to Muslims under the OBC II B
category, capital assistance provided by the government to encourage minority
community traders and businessmen, permission to minorities to start schools,
colleges and professional educational institutions such as ITI, engineering,
pharmacy, teaching training and medical colleges, provision of scholarships to
school going children of minorities to incentivize them to enrol and continue
3
Exclusion of Minorities and Indigenous People in India
It is true that the State is trying to reach benefits to the commoners and
deprived sections among minorities. However, the impact of such interventions
does not appear to be effective. Incidence of poverty continues to be high
among Muslims and among rural Christians, Jains and Buddhists. The so-called
Dalit Muslims and Christians, the single parent women headed families, the
slum dwellers, the landless workers and the disabled are more vulnerable
sections that need assistance.
5
Exclusion of Minorities and Indigenous People in India
7
Exclusion of Minorities and Indigenous People in India
Overall the constitution is very clear in terms of the Minority rights and
it very well protects the minorities and provides them with opportunity to
develop them to fullness.
9
Exclusion of Minorities and Indigenous People in India
Muslims have the highest percentage of illiterates at 42.7 per cent, while
Jains, at 86.4 per cent, have the highest percentage of literates, according to
Census 2011 data on education level by religious community. According to the
data, the percentage of illiterates is 36.4 for Hindus, 32.5 for Sikhs, 28.2 for
Buddhists and 25.6 for Christians. The overall percentage of illiterates is 36.9
for all communities. The Christian community has 74.3 per cent literacy,
followed by Buddhists (71.8 per cent), Sikhs (67.5 per cent), Hindus (63.6 per
cent) and Muslims (57.3 per cent).For religious communities as a whole, only
5.63 per cent have attained education levels of graduation and above. Of people
who have studied up to graduation or above, 61.6 per cent are men and 38.4 per
cent women. In 7-16 years age group for all religious communities as a whole,
11.7 per cent are illiterate, 1.46 per cent are literate without education, 36.67
per cent are educated below primary, 28.62 per cent have studied primary level;
15.56 per cent till middle school, and 5.69 per cent till matriculation.
In the 17-18 age groups for all religious communities, 11.73 per cent are
illiterate, 2.62 per cent are literate without education, and 4.62 per cent are
educated till below primary, 14.35 per cent till primary, 18.59 per cent till
middle school, 31.97 per cent till matriculation and 14.99 per cent till higher
secondary level.
In the 19-24 age group for all religious communities, 16.25 per cent are
illiterate, 4.20 per cent are literate without education, 5.73 per cent are educated
till below primary, 14.93 per cent till primary, 19.66 per cent till middle, 11.58
till matriculation, 16.84 per cent till higher secondary, 0.20 per cent have a non-
technical diploma, 1.56 per cent have a technical diploma, and 10.91 per cent
are graduates and above.
Among Jains, 25.65 per cent are graduates or have studied further. Of
them, 44.8 per cent are women. The corresponding figure is 8.84 per cent for
Christians (49.8 per cent women), 6.39 per cent for Sikhs (49.9 per cent
women), 6.17 per cent for Buddhists (38.15 per cent women), 5.98 for Hindus
(37.5 per cent women) and 2.75 per cent for Muslims, of whom 36.65 per cent
are women.
4. Problems of Minorities
Minorities among themselves have social divisions. Muslims are
divided into Sunnis and Shias. The former are found all over India and latter are
found in Bangalore, Mysore and Bijapur. Among the Muslims there are two
social groups, The educated elite groups and the group which are engaged in
low caste occupations who may be described as Dalit Muslims. Similarly
Christians have two groups one being the elite Christians who are also
incidentally rich and are found in Mangalore and Bangalore. But the so-called
Dalit Christians whose members are large are converted Christians from low
Hindu castes are concentrated in the southern belt of Karnataka bordering
Tamilnadu and Andhra Pradesh. Among Jains also there are two groups
11
Exclusion of Minorities and Indigenous People in India
Swetambar and Digambar Jains. Since the Parsis have their origin from Persia
and since Buddhists are entirely converts from Hindu-Dalit castes, fortunately
they do not appear to have any divisions among them.
The minority groups face two sets of problems, one is common to all of
them and the other is specific to a particular minority. The common problems
are high incidence of poverty, unemployment, discrimination in the society and
in Government offices where they seek government benefits; another common
problem is low level of and inadequate access to education, health, housing and
municipal services.
attacked in person and in their Gurudwaras. Buddhists and Jains are offshoot of
Hinduism, they exhibits similar features of rituals. But they constitute separate
religious groups. They are in a sense socially excluded because they are
primarily members of erstwhile Dalits. Obviously Hindu community treats
them as Dalits even today notwithstanding the social and cultural change.
Conclusion
Generally, minorities tend to be concerned about their distinct identities.
Their identities are generally their religious symbols and cultural mores, prayer
halls, burial grounds, dress, food, language and living styles. Having been
attached to their identity, they would like to protect it as also seek security
against it possible vandalization. The desire to preserve their identity and to be
extra-ordinarily protective of it in a measure alienates the minorities from the
main stream of the society. The alienation thus endangered through a subtle
13
Exclusion of Minorities and Indigenous People in India
References
15
Exclusion of Minorities and Indigenous People in India
Abstract
An agricultural economy relies largely on the predominance of land. The socio
economic status of the population is often determined by the amount of land
possessed. In the light of the above scenario, the Scheduled Tribes are the most
deprived community in terms of possession of land. The majority Scheduled
Tribes of Kerala depends on agriculture (71.98%). Out of these, the majority
suffers from land alienation and as a result they are forced to work as casual
labourers. The Dhebar Committee also opined that the main cause of poverty
among ST families all over India is landlessness (or land alienation). Land
alienation resulted in loss of agricultural labour and created a new class of
wage labourers. It also resulted in a process of transformation from a self
reliant to a highly dependent tribal economy.This paper tries to examine the
effects of land alienation, arising from low agricultural activities leading to
unemployment, low income, higher indebtedness, poverty and the malignant
fact of social exclusion. This analysis is based on the available secondary
sources.
INTRODUCTION
An agricultural economy relies largely on the predominance of land.
The socio economic status of the population is often determined by the amount
of land possessed. In the light of the above scenario, the Scheduled Tribes are
the most deprived community in terms of possession of land. The Scheduled
Tribes (ST) form the lowest strata of economic and social set up in Kerala. The
majority Scheduled Tribes of Kerala depends on agriculture (71.98%). Out of
these, the majority suffers from land alienation and as a result they are forced to
work as casual labourers. The Dhebar Committee also opined that the main
cause of poverty among ST families all over India is landlessness (or land
alienation).
17
Exclusion of Minorities and Indigenous People in India
Review of literature
Vemer Elwin (1943) propounded that land alienation was the root cause
of all evils of tribal population. He found out that when there is no land,
tribals lost their resistance power and was unable to sustain without any
source of livelihood.
Patel (1998) observes that the root cause of land alienation is the
mounting indebtedness problem of Scheduled Tribe‘s. It also resulted in
the bonded labour system.
SanathanamVelluva (2006) in his article titled ―Dynamics of land use in
recently settled forest areas of Kerala‖ depicts tribals as wage labourers.
A majority of the tribal households‘ farm income share lies below 20%
and only a very small percentage of households depend exclusively on
agriculture.
The tribals view land as their prime concern for improving their
livelihood. The land alienation has resulted in the loss of their identity
and they are subjugated to bonded labourers. When it is difficult to have
a living with the forest produce, it will result in ethnic conflicts. (Walter
Fernandes 2012).
Pankaj and Pandey (2014) visualises that the major determinant of
subalternity in India has been the distance and degree of exclusion ie,
the distance of social and degree of economic exclusion. They identified
land and caste as the two major determinants of social exclusion in rural
society.
Theoretical Framework
Low agricultural Higher
Land alienation Unemployment Low Income Poverty
activities indebtedness
Social exclusion
Objectives
To examine the extent of land alienation in Kerala among the Scheduled
tribes
To examine the employment structure of tribals in Kerala
To examine the extent of indebtedness among the tribals.
Status of ST as per Census 2011- Table 1
Sl No Item ST
Kerala India
1 Population (in lakh) 4.85 1042
2 Percentage to total population 1.45 8.6
3 Decadal growth rate 33.1 23.7
4 Child population to the total population 11.2 16
5 Sex ratio 1035 990
6 Literacy rate 75.81 58.96
7 Literacy rate- female 71.1 49.35
8 Literacy rate- male 80.76 68.53
Source: Economic Review 2014
The relative position of Scheduled tribes in Kerala is better as per 2011
census (Table 1). There is a substantial reduction in tribal child population as
compared to the child population with the rest of India. The census data gives
only a general picture of the tribal situation in Kerala. But a community wise
analysis shows a dismal figure of Kerala.
19
Exclusion of Minorities and Indigenous People in India
44.3 19.2
2009-10 ( Tendulkar Methodology) 24.4 5.0
Source: Planning Commission
Land alienation
The process of land alienation took place even before independence.
The Scheduled Tribes had no legal documents to prove their ownership. The
intrusion of settlers took advantage of this situation and converted tribal lands
into their hands. Land alienation happened in two different forms:- (i)
permanent removal of title right through selling and (ii) temporary transfer in
the form of leasing. The problem of land alienation and its associated effects
came into limelight only after the pronouncement of tribal movements. It led to
the enactment of The Kerala Scheduled Tribes (Restriction on Transfer of
Lands and Restoration of Alienated Lands) Act (1975). But the Act did not
serve its purpose. It was a failure.
21
Exclusion of Minorities and Indigenous People in India
Figure 1
No. of Landless Tribal Families in Kerala- 2014
5000
4000
3000
2000
1000
0
Rights Act which empowers tribals to collect non timber forest produce also
failed miserably in mitigating tribal poverty.
Table No.4
Sl No. Sector of Employment Families
Number %
I Forestry Sector
1 Collection of Forest Produces 1967 1.82
2 Traditional Occupation 366 0.34
3 Collection of Herbal Plants 330 0.31
4 Worker- Forest area 6151 5.7
Sub Total 8814 8.17
II Agriculture and Allied Sectors
1 Agriculture 13174 12.2
2 Animal Husbandry 764 0.71
3 Worker- Agriculture Sector 61122 56.61
Sub Total 75060 69.52
III Non Agriculture and Allied Sectors
1 Petty Trade 205 0.19
2 Worker- MNREGS 2520 2.33
3 Worker- Non Agricultural Sector 10956 10.15
4 Plantation Labour 533 0.49
5 Govt/Quasi Govt employment 5973 5.53
6 Permanent worker in Private sector 530 0.49
7 Permanent worker in Forest Area 90 0.08
8 Permanent Worker in Plantation Sector 240 0.22
9 Others 1134 1.05
Sub Total 22181 20.53
No Income/ Employment 1910 1.77
23
Exclusion of Minorities and Indigenous People in India
Table No.5
Main Workers in Agriculture and Allied Sectors in the Age Group 15-59
Total
Main Animal Worker- % to Total
District Workers Agriculture Husbandry Agriculture Total Workers
ST- indebtedness
The indetedness of Scheduled Tribe families shows that they are more
dependent on the private money lenders rather than the official banking stream.
The highest indebted category among the Scheduled tribe is agricultural
workers. (Table no.6)
lenders/Institutions
Commercial Banks
Others including
Kudumbasree
Cooperatives
relatives
Money
Total
%
Forestry Sector
1 Collection of Forest Produces 83 85 80 486 74 808 1.34
2 Traditional Occupation 20 18 29 103 27 197 0.33
3 Collection of Herbal Plants 33 21 14 48 7 123 0.2
4 Worker-Forest Area 328 465 416 1558 395 3162 5.23
Sub Total 464 589 539 2195 503 4290 7.1
Agriculture and allied sectors
1 Agriculture 1442 2296 1579 3965 861 10143 16.78
2 Animal Husbandry 52 129 62 150 42 435 0.72
3 Worker-Agriculture Sector 4057 5438 7903 9987 2533 29918 49.51
Sub Total 5551 7863 9544 14102 3436 40496 67.01
Non Agriculture and alliedsectors
1 Petty Trade 33 64 32 58 13 200 0.33
2 Worker- MNREGS 155 239 327 514 134 1369 2.27
3 Worker- Non Agriculture Sector 1953 1476 1409 2299 640 7777 12.87
4 Plantation labour 23 47 57 103 31 261 0.43
5 Govt/Quasi Govt Employment 1017 1792 479 698 378 4364 7.22
6 Other Workers 317 293 195 406 126 1327 2.2
Sub Total 3498 3911 2499 4078 1322 15308 25.32
No Income 73 53 40 131 39 336 0.56
Total 9586 12416 12622 20506 5300 60430 100
Source: ST Development Department
25
Exclusion of Minorities and Indigenous People in India
Major Findings
Failure of authorities to implement the land rights of tribals.
Wayanad, largest tribal populated district, faces the highest socio-
economic discrimination- highest landless tribes.
Land alienation converted tribals to wage labourers with meagre income
and high levels of poverty.
Tribal settlements are segregated areas of poverty with no basic
facilities- no easy access to work places.
Most of the tribal families (56.61 %) constitute workers in agricultural
sector. 1.77 percent of families have no income/employment.
Wayanad experiences the highest percentage of agricultural workers
among Scheduled Tribes in Kerala.
Highest indebted families among STs constitute agricultural workers.
Tribal families depends more on private money lenders than the official
banking system.
Permanent employees among STs are very minimal.
Recommendations
There should be a special drive by all concerned State governments to
complete records of rights in all the tribal areas in a time bound manner
with active participation of Gram Panchayat and Gram Sabha.
A complete ban on transfer of tribals land to non-tribals, through sale,
lease or mortgage etc
Successful implementation of complete ban on land acquisition in
scheduled areas by government for private entities for industry, mining,
real estate etc,
Effective implementation of PESA, 1996 and Indian Forest Rights Act,
2006 for conferring real ownership and utilization of rights over forest
resources by the tribals and other forest dwellers.
Conclusion
The biggest curse inflicted on the tribal population is the never ending
process of land distribution. The successive government allocates huge
proportion for the welfare of the oppressed class but not even a penny reaches
the beneficiaries. It‘s high time that the government as well as the bureaucrats
realises the leakages in the system and act accordingly.
References
1. Economic Review (2013, 2014), State Planning Board, Government of
Kerala.
2. Elwin, Vemer , The Aboriginals, Oxford University Press, New
Delhi,1943
3. Fernandes, Walter (2012). Tribal customary and formal law interface in
North East India: Implications for Land relations. Concept Publishing
Company, New Delhi.
4. Pankaj, Ashok .K & Pandey, Ajit. K. (Ed.). (2014). Subalternity,
Exclusion and Social Change in India. Foundation Books.
5. Patel, M.L. (1998). Agrarian Transformation in Tribal India. M D
Publication Pvt Ltd.
6. Report of the committee on India vision 2020 (2004), Planning
Commission, Government of India.
7. Report on the socio economic conditions of tribes in Kerala, Scheduled
Tribe Development Department, 2012.
27
Exclusion of Minorities and Indigenous People in India
Abstract
Over the centuries, indigenous peoples have developed a close and unique
connection with the lands and environments in which they live. They have
established distinct systems of knowledge, innovations and practices relating to
the uses and management of biological diversity on these lands and
environment. Much of this knowledge forms an important contribution to
research and development, particularly in the areas such as pharmaceuticals,
agricultural and cosmetic products. This increasing economic importance of
biological resources and related knowledge to these resources has made the
allocation of property rights as one of the most contentious issues in the
discussions concerning biodiversity management. But this new property
allocation does not recognize property rights of holders of knowledge. As far
India is concerned one of the mega biodiversity countries of the world and also
concentrated with indigenous people too. A major intervention in this regards
is the adoption of biodiversity act of 2002. But existing legal framework does
not recognize indigenous people ownership over genetic resources. . In this
context, this paper seeks to analyze how the text of the law and its
implementation has seriously excluded community control over biodiversity, the
associated knowledge, its use and protection.
conditions that support the growth of an equally diverse range of plant and
animal species. It has been well recognized that valuable and productive
biological resources are crucial for sustainable economic development. Tk
accounts as a valuable attribute of the indigenous and local communities that
depend on it for their health, livelihood general well being(kanniyan,2007:1).As
far the rural populations concerned, biodiversity is important for their
livelihood and survival. Moreover, pharmaceuticals and cosmetics are the major
consumers as well as exploiters of biological resources. But, with advent of new
technologies, the loss of biodiversity and commercialization of bio resources
and associated knowledge have been great concern of our nation today.
29
Exclusion of Minorities and Indigenous People in India
Even though India does make efforts to maintain and protect its tribal
peoples or Adivasis, India has never recognized the application of the
international legal concept of ‗indigenous peoples‘ within its territory. It denies
the existence of particular indigenous groups within its boundaries by
maintaining that it regards the entire population of the country at the time of its
independence in 1947 and its successors as indigenous (Pushtok, 2012:87). The
argument behind of the objection of indigenous people in India is substantives
as well as political reason. Since the establishment of the UN working group on
indigenous population in 1982, India has espoused the position that the concept
of indigenous peoples does not apply within its borders (Kingsbury,122).
outskirts of village. They were not informed by MoEF is nodal agency for its
implementation. So what happened is NGO‘s is represented on the behalf the
communities and there is no definite answer for whether NGO is representing
the exact views of the communities in the consultation process.
The Preamble to the Act clearly states that the Act was legislated to
fulfil the objectives of conservation, sustainable use and fair and equitable
sharing of benefits. It, however, does not acknowledge indigenous communities
as conservers, protectors, developers of the biological resources and the
associated knowledge, and in that sense it makes a strategic departure from the
rubric of the CBD. The departure is a logical corollary to the recognition of
their role as is also suggested in the CBD.
31
Exclusion of Minorities and Indigenous People in India
the NBA or its Expert Committees. This in effect means that communities have
very little space to question the use of a biological resource or its associated
knowledge which they hold. However, the Act vests primary regulatory
responsibility with the NBA and its Expert Committees in Chennai
(kohili&Bhutani,2009:7).
member BMCs be set up by every local body not less than one third would be
women and not less than 18% belonging to SC/ST( sec.41,BDA:400).
However, act has envisaged only two roles for BMCs in relating to the
use of biological resources. At first role is consultation with the BMC by NBA
before taking decisions relating to the use of biological resources occurring
within territorial jurisdiction of BMC. The term ―consult‖ has a track record of
eliciting dubious connotations in India, as it has almost never translated into
prior informed discussions. It is interesting to note that NBA has no obligation
to follow the suggestion or the decisions of the BMC (Kohili& Bhutani,
2009:48).And also there is no guarantee that this body will share all information
with BMCs in a form that latter sufficiently about project and activities at stake.
However, there is no evidence thus far to shows that local communities have
even been consulted in the approval process. Secondly, the function of BMC is
levy fees for the use of biological resources in their area, which will be part of a
Local Biodiversity Fund. However, the power to grant approval for access to
biological resources and knowledge, for which the afore-mentioned fees can be
levied, is firmly vested with the NBA or SBB. However, the BD Act, its text
and subsequent implementation unfortunately do not further the above
functions of BMCs. its remained in paper only. However, it also manifested
marginalization of communities in decision making process. However,
principles of decentralization did not find place in the clauses and procedures of
this law. But the act has provided a highly inherent institutional mechanism
which talks about top- down structures and procedures rather than bottom level
decision making. Such mechanism would further alienate local people from the
decision-making process
33
Exclusion of Minorities and Indigenous People in India
35
Exclusion of Minorities and Indigenous People in India
concerned, it is great blow to them because all powers are vested with NBA
instead of giving at least any say over it. Besides, overarching powers to the
NBA to decide the form and amount of compensation of benefits makes it less
attractive for local and indigenous communities. But reality is this, even the
identified benefit claimers do not have a primafacie right to the money that is
paid by the research organization that has used their resources or knowledge
unless the NBA decides whether to pay money directly or to the biodiversity
fund. It can be conclude that centralization of power may ignore the bond
between local bodies and benefit claimers and dictate terms and conditions in
accordance with her interests.
So far, the act is being silent about the ownership and control by the
indigenous and local communities of traditional knowledge based on biological
resources wherever it is clearly associated with them. It must be pointed that
some scholars believe the emphasis of the Indian Biodiversity Act is more on
the international trade in biological resources, neglecting the rights and interests
of local and indigenous communities (Gopalakrishnan 2002: 739).
37
Exclusion of Minorities and Indigenous People in India
documented material could genuinely help people and communities. There are
no mechanisms envisioned or planned for taking this documented knowledge
back to communities. The flow of information seems to be completely one way
with the other lane of the highway blocked permanently(Gene campaign:176).
As on date, there is no legal protection available for the knowledge recorded in
the PBR(NBA,2011:24). By doing so, the act assumes that indigenous and local
communities are incapable of managing and protecting their own biological
resources and knowledge associated with them.
Conclusion
From the reading of the Biological Diversity Act 2004 and the Rules is
that the Act has followed a centralized approach for granting prior informed
consent to use materials on mutually agreed terms and conditions rather than a
decentralized one. The unfortunate consequence of the act is the centralization
of property rights in the hands of the state through sovereign appropriation.
More over the act does not provide a framework for the rights of all holders of
39
Exclusion of Minorities and Indigenous People in India
biological resources and related knowledge. The act is conspicuously shy in its
treatment towards the knowledge of indigenous communities. It shows the
reluctance on the part of Indian government to recognize that ownership of
traditional knowledge rests with the community and to develop legislation from
that perspective, keeping in mind the new commercial interest that is the reason
for this unsatisfactory situation.
REFERENCES
1. Prof S. Kannaiyan(2007),Biological Diversity And Traditional
Knowledge,
http://nbaindia.org/uploaded/docs/traditionalknowledge_190707.pdf
2. Benedict Kingsbury(1998) "Indigenous Peoples" in International Law:
A Constructivist Approach to the Asian Controversy,
https://turtletalk.files.wordpress.com/2015/08/benedict-kingsbury-
indigenous-peoples-in-international-law.pdf
3. S. FAIZI, A diverse bill. Retrieved from
http://www.indiaenvironmentportal.org.in/content/800/a-diverse-bill/
Abstract
The most essential need of a human being is not food which helps to sustain the
life, but it is self-identity which includes the social, psychological and
physiological aspects. The self-identity of the Lesbian, Gay, Bisexual and
Transgender (LGBT) people is crushed by the clutches of the dominated sexual
group. LGBT people forced to live in the backyards of the society. Human
rights violation against LGBT is a common phenomenon in most of the
societies. Though the government of India granted voting rights to the
transgender in 1994 and Supreme Court of India declared them as the third
gender and other backward class, still their emotions are banned and declared
as criminal offence under section 377 of Indian Penal Code. The 1993 Vienna
World Conference on Human Rights noted that it is the duty of States to
promote and protect all human rights and fundamental freedoms, regardless of
their political, economic and cultural systems but the most glorified democracy
of India is not able to come out of the shadow of the sexual majority to see the
grievances of LGBT. It is in this context, the paper highlights the contemporary
situation of LGBT in India and Human Right violation against them due to their
transgender.
41
Exclusion of Minorities and Indigenous People in India
society and it has become a dogma that is deeply rooted in the fabric of social
system. There is a segment of the society that are labelled as anti-social or
perverts who live out of the social system. These people are identified as
Lesbian, Gay, Bisexual and Transgender (LGBT).
The word Gay was the common name to indicate whole homosexual
and people but the term LGBT caught popularity to indicate the sexual
minorities in the contemporary times. There are divisions present among them
.Lesbian is a woman who is romantically, sexually and emotionally attracted to
other women .Gay is a man who is romantically, sexually and emotionally
attracted to other men .A bisexual person is someone who is romantically,
sexually and emotionally attracted to people of both sexes .Transgender is an
umbrella term used to represent the gender expression differs from their birth
sex .There are mainly male to female transgender people and female to male
transgender people. There are different names to indicate this category of
people in India such as Hijara, Kothi etc...
Due to the bitter experiences from society, the LGBT people forced to
live in the backyards of the society .Human rights violation against LGBT is a
common phenomenon in most of the societies .In India also, things are not
different .Though the government of India granted voting rights to the
transgender in 1994 and Supreme Court of India declared them as the third
gender and other backward class ,still their emotions are banned and declared as
criminal offence under section 377 of Indian Penal Code1 .The most essential
need of a human being is not food which helps to sustain the life ,but it is self-
1
IPC 377. Unnatural offences.—Whoever voluntarily has carnal intercourse against the order
of nature with any man, woman or animal, shall be punished with imprisonment for life, or
with imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
identity which includes the social, psychological and physiological aspects .The
self-identity of the LGBT people are crushed by the clutches of the dominated
sexual group .The 1993 Vienna World Conference on Human Rights noted that
it is the duty of States to promote and protect all human rights and fundamental
freedoms, regardless of their political, economic and cultural systems2 but the
most glorified democracy of India is not able to come out of the shadow of the
sexual majority to see the grievances of LGBT.
The Supreme court of India banned their emotions and enforced the 154
year old section 377 of Indian Penal Code though the article 15 of Indian
constitution clearly states that there should not be any discrimination on the
grounds of religion, race, cast, sex, place of birth or any of them .It was also a
clear violation of article 2 of the Universal declaration of human rights that
stands for the equality of all before the law without any discrimination based on
race, colour, sex etc... They are legally oppressed, socially depressed and
disregarded by the government. Life of Shabnam Mausi Bano (First elected
transgender MLA),n Madhu Bai Kinnar (First openly transgender Mayor in
India) and Manobi Bandopadhyay (India‘s first transgender college principal)
show a slight progress of transgender people in their political rights but the rest
of three suffer total alienation from the society.
2
Programme of action of Vienna declaration 1993
3
The Hindu, “Supreme Court recognisestransgenders as third gender”,16th April 2014,
43
Exclusion of Minorities and Indigenous People in India
LGBT was abolished by the same court. There is a ray of hope for the
advancement of Transgender with this verdict which recognized them as
backward people and the recent verdicts of the Supreme Court allowed them to
choose the status to call as. The Rajya Sabha has passed The Rights of
Transgender Persons Bill 2014 on 24 April 2015 which guaranteeing the rights,
reservation in education and government jobs, and other aids4. But the future of
the rest of the sexual groups still remains as an unanswered question .The
transgender bill is now facing an unanticipated delay in discussing the bill in
the Lok Sabha and it still pending in the lower house. In 2016, the government
came up with new bill ie. Transgender Persons (Protection of Rights) Bill, 2016
which is diluted version of 2014 bill. The transgender people are the only
section who leads an open social life in LGBT. Their main occupations are
begging, sex work and performing in ceremonies .Discriminations in the
employment force them to opt these professions where there is no biases based
on sex or preference for previous experience .The rest of the sections in LGBT
lead a hidden social life by fearing the social stigma.
These social and economic conditions of LGBT are happening not only
in India, the same things happen even in America but the situation in America
is rapidly changing favourably for LGBT. The American hotchpotch of culture
is now ready to accept the LGBT. Even the China has legalized the
homosexuality and made sound social and legal atmosphere to sexual
minorities. Still LGBT considered as an unnatural by the social stigma which is
ignorant to the realities about LGBT people and the Indian historical and
cultural support to the homosexuality and transgender. LGBT people have the
4
Indian Express,”RajyaSabha passes historic private Bill to promote transgender rights”,25th
April 2015
full rights to enjoy the human rights like all heterosexuals enjoy, as they also
born as human beings. The system of government and the culture of India
prevail in relation with heterosexuals and since the LGBT is minority, they
have no influence on these.
All human beings have a sexual orientation and a gender identity, and
this shared fact means that discrimination against members of the Lesbian, Gay,
Bisexual and Transgender community, based on sexual orientation or gender
identity is an issue that transcends that community and affects all the human
beings. Sexual orientation covers sexual desires, feelings, practices and
identification. Sexual orientation can be towards people of the same or different
sexes like same-sex, heterosexual or bisexual orientation.
45
Exclusion of Minorities and Indigenous People in India
societies. But situation in societies like ancient India and ancient Rome were
totally different from those rigid societies. India and Rome viewed
homosexuality and third gender in a very positive manner. There is sound
historical evidence for the existence of the homosexuality in very ancient time.
The historical evidence of Khnumhotep and Niankhkhnum who were ancient
Egyptian royal servants, believed to be the first recorded same-sex
couple in history5.
LGBT in India
The history of homosexuality and Transgender in India mainly
incorporated to the history and evolution of Hinduism as it was widely accepted
and dominant religion across India from very ancient time onwards. Hinduism
is one of oldest living religion in the world. Hinduism follows very wide
philosophical base and sees divinity in every living or non-living things. It
views gender and sexuality in a very broad way. Its epics and Vedas, and the
5
“Same-Sex Desire, Conjugal Constructs, and the Tomb of Niankhkhnum and Khnumhotep”,
Greg Reeder, Vol. 32, No. 2, Queer Archaeologies (Oct., 2000), pp. 193-208.
concepts of god and goddess show the wide and liberal attitude towards
homosexuality, non-vaginal sex and gender. Variations in gender and sexuality
have been discussed in Hindu texts for over two millennia and same-sex love
flourished in pre-colonial India without any much extended history of
persecution. Like the erotic sculptures on ancient Hindu temples at Khajuraho
and Konarak, sacred texts in Sanskrit constitute irrefutable evidence that the
whole range of sexual behaviour was known to ancient Hindus. The fourth
century Kamasutra, also a sacred Hindu text emphasizes pleasure and joy as
aims of intercourse. It non-judgmentally categorizes men who desire other men
as a ―third nature,‖ and describes in detail oral sex between men, also referring
to long-term unions between men. Hindu medical texts dating from the first
century AD provide a detailed taxonomy of gender and sexual variations,
including different types of same-sex desire6.
6
J.Siker, Greenwood Press, 2007
7
Homosexuality and Religion: An Encyclopedia
By Jeffrey S. Siker, page 125
47
Exclusion of Minorities and Indigenous People in India
sex, animal sex…etc. Punishments for the same sex intercourse were very light
compare to the hetero sexual violence and adultery.
Arthashastra views non vagina sex as minor offence and prescribe lesser
punishments like fine to the man but contemporary interpreters explains
wrongly and command for sever punishments to the woman, even though it
does not prescribe harsh punishments to the woman.
There are three main sources discuss homosexuality in India. They are
images and sculptures on temple, epics and ancient law books. The Hindu
temples in stone at Puri and Tanjore came into being in 14th century which
contains varieties of sculptures of gods, goddesses…etc show the erotic scenes
of epics and legends which are considered as unnatural and obscene by the
modern law and the modern society. ―Similar images embellish prayer halls and
cave temples of monastic orders such as Buddhism and Jainism built around the
same time. There are images of women erotically embracing other women or
men displaying their genitals to each other in Khajuraho. These images cannot
be simply dismissed as perverted fantasies of an artist or his patron considering
the profound ritual importance given to these shrines. There have been many
explanations offered for these images‖8.
8
Dr.DevduttPattanaik,”Did Homosexuality exist in ancient India”.
9
http://devdutt.com/blog
wife realized her husband‘s actual gender, Shikandini changed the sex and
became a man named Shikandi10.
Famous folk story about Aravan from Koovagam tells the sacrifice and
latter incidents when Pandavas told to sacrifice Arjuna's son Aravan in order to
win the Kurukshetra war. Aravan refused to die a virgin but no woman was
willing to marry a man who dies in a day. Krishna turned into a woman to
fulfill the wish of Aravan. He married Aravan and spent a night with him.
Krishna mourned for him like a widow when he was finally beheaded and
sacrificed his life. This story is the base for the long traditional practice and
ceremony conducted by the transgender people in Koovagam. Every year they
gather in the Aravan temple and conduct ceremony of marriage with Aravan
like what Lord Krishna had done. The marriage ends up in mourning and
weeping in the next like what happened to Krishna.
10
Vyasa Mahabharata
49
Exclusion of Minorities and Indigenous People in India
discussion and debate, every action of the God is justified by the devotees in the
name of cosmic stability11.
Alienated life style and absence of health care lead them into sever
health problems. Modern health care system mostly designed to suit with the
heterosexual people. Absence of government recognition of LGBT as
distinctive sexual group suppress the specialized medical attention on the health
related problems of them and Heterosexism in the medical field also becomes
as a reason for the absence of medical attention on them.
11
Dr.DevduttPattanaik,”Did Homosexuality exist in ancient India”.
The Indian government has retained the British anti-sodomy law, which
is widely used by police and blackmailers to harass gay men and also to
threaten women. Lack of legal protection from the government makes the life
of LGBT more miserable. The Heterosexual people have the legal protection to
their identity. Most of the LGBT people are homosexual and their identity is
criminalized by the section 377 of Indian Penal code under which whoever
voluntarily has carnal intercourse with any man, woman or animal, shall be
punished with imprisonment for life, or with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to fine. The
Delhi High Court decriminalized the homosexuality in 2009 but the Supreme
Court of India cancelled the High Court verdict and enforced 154 year old
colonial law on 11th December 2013. .
51
Exclusion of Minorities and Indigenous People in India
LGBT people have full right to get protection by the government and its
missionaries like police, court etc… as Article 14 of Indian constitution stands
for the equality before law and equal protection of all the people. But the
government just disregarding the matters related to the LGBT people especially
the transgender people. There are constant sexual abuse and violence against
transgender people. Most of the time police interest to accuse the victim as
cause of the incident and drop the case. It is a clear violation of human rights of
transgender people.
Article 21 gives the right to privacy, dignity and health. Section 377,
IPC denies a person‘s dignity and criminalises his or her core identity solely on
account of his or her sexuality and denies a homosexual person‘s right to full
personhood which is implicit in the notion of life under Article 21 of the
Constitution. Thus there are clear violation of article 21 of Indian constitution.
Even though the Supreme court over ruled the high court verdict with its own
explanation, the validity of fundamental rights stand as an unanswered
questions.
12
"United Nations: General assembly to address sexual orientation and gender identity -
Statement affirms promise of Universal Declaration of Human Rights" (Press release). Amnesty
International. 12 December 2008. Retrieved 20 March 2009.
53
Exclusion of Minorities and Indigenous People in India
bisexuals and transsexuals. Even though this section does not lead often to
filing of court cases against sexuality minorities, it becomes a powerful weapon
in the hands of police and goons to harass, abuse, extort and torture sexuality
minorities routinely. This law forms the structural basis for the widespread
stigma, discrimination, marginalization and prejudice against sexuality
minorities in our society.
Even the educated people among the transgender people don‘t have any
job opportunities as most of the employers are not willing to give them job due
to the public attitude towards the transgender people. Usually transgender
people do the petty jobs for their livelihoods and most of them are forced to live
as sex workers due the unavailability of jobs for them. They get very lower
income from these kinds of jobs. The life of Amruta Soni , who is a MBA
holder from one of the prestigious institutions in India is one of the heart
wrenching life stories of educated transgender people. She successfully
completed MBA but none of the employers were ready to give job to her and
forced to do the sex work and to beg in trains to earn for the livelihood. But she
was not so unlucky; latter she got the chance to join Chhattisgarh state Aids
control society13.
13
Times of India, Aug 18 2015.
55
Exclusion of Minorities and Indigenous People in India
medical field in India as compare to Lesbian, Gay and Bisexual people who are
not usually victims of such discrimination.
Most of the Indian States are not transgender friendly but Tamil Nadu
stands as the most transgender friendly state among other Indian states. Tamil
Nadu government have made transgender welfare policy, free SRS treatment,
admission in colleges, scholarships etc… They are doing good awareness
programmes to the other gender people about third gender and make a
comfortable situation. India Medical Association stands for the better treatment
system for the transgender people and they have already directed the hospitals
to make special facilities for the transgender people.
Lesbian, Gay and Bisexual people always keep their sexuality hidden
from the public due to the fear towards the public attitude towards their
sexuality. Police often take very much negative and harsh stand against the
homosexual people as they don‘t have the public support and care even up to
the level of transgender people get from the society.
Lack of any legal support to the homosexual people and Section 377 of
IPC give confidence to the police to take very negative and prejudiced attitude
towards the homosexual people. The police is showing not just their stand on
the LGBT people but it is just the reflection of the entire society.
Lesbian, Gay and Bisexual people are not facing any discrimination in
employment. All three groups of people enjoy the non-discrimination as they
hide their sexuality from the public. In India they enjoy the non-discrimination
until they disclose their sexuality.
There are lot of NGOs work for the LGBT people in India. NGOs work
to uplift the LGBT people by providing vocational training, organising them,
seminars, classes, organising events and fest for the LGBT people, campaigns
etc…NGOs face lot of problems from the general public and the radical
fundamentalist groups in India.
NGOs works got wide acceptance and support from the general public
after the 2009 Delhi High Court verdict which legalised the homosexuality and
the verdict statements brought the catalyst of change in the attitude of the
general public. But, the Supreme Court verdict on 14th April 2014 again
57
Exclusion of Minorities and Indigenous People in India
Police atrocities against transgender people are very high. Police often
finds easy way to close the cases by putting all the charges on the transgender
people and there won‘t be any one to stand with them since most of them are
leading alienated life style and lack of education and legal knowledge make
other transgender people away from helping those victims. Police put fake cases
on transgender people in order to get bribe from the transgender people.
victim won‘t get legal protection from the section created for woman or man as
they do not belong to both genders and there is no section for the transgender
people.. Homosexuality is criminalised by the Indian legal system and there is
no recognition for homosexual people and there is no special section for the
protection for the homosexual people and such sexual violence considered as
unnatural by the government of India.
CONCLUSION
LGBT people face grave human rights violations in India irrespective of
the urban and rural situations. Even though, they born as Indian citizens, they
deprived of their various rights varying from natural rights to legal rights by the
social and political system in India. There are clear violations of article 14, 15
and 21 of India constitution with regard to LGBT people. Many states have not
implemented the Supreme Court verdict to consider transgender people as third
gender and to make separate column in all the documents and applications to
recognise the identity of transgender. Transgender people are not able to make
government documents and records about them, and to attempt for the public
employment due to this problem. This is the clear violation of article 16 of the
Indian constitution. Transgender people faces sever human rights violations
by the approach and actions of the Police. Police often charge fake cases against
transgender people in order to take money from them and even to close the long
pending unsolved cases, and even to save their dear ones. Transgender
constantly face sexual violence in Police stations and Police even keep them in
police custody without the permission of court. These are the clear violations of
Article 22(1) and article 22(2) of Indian constitution.
LGBT people face constant harassments from the society. They forced
to lead a hidden life due to their sexuality. The society has seen homosexuality
59
Exclusion of Minorities and Indigenous People in India
Lesbian, Gay and Bisexual people are lucky enough to escape from the
clutches of fundamentalist people and groups in the society by hiding their
sexuality and by leading hidden social life. But, the situation of transgender
people is much worse in all means. Transgender people constantly become the
victims of harassments of the society. They are socially, economically and
educationally backward. Most of the transgender people are early school drop
outs and face lot of problems due to the lack of education. Most of the
14
The Hindu, December 21, 2013
15
The Hindu, December 13, 2013
16
Times of India, Dec 30, 2013
LGBT people are also human beings. They also have the desire to lead a
peaceful life like any other heterosexual people enjoy in this nation. Once, there
were social stigmas which kept the women from the front of the society and
now there are lot of efforts to uplift all the women in the country. Now there
should be much attention on the matters of homosexuality and transgender
because there has been a sea change, not just in India but all over the world, in
the law on homosexuality.
BIBLIOGRAPHY
1. Pullen, Christopher (2010).‖LGBT Identity and Online New Media‖.
Routledge.
2. Hill, Craig A. (2008).‖Human Sexuality‖. SAGE Publications.
3. Saxton, Lloyd (1990).‖The Individual, Marriage, and the Family‖.
Wadsworth Publishing Company.
4. Bondyopadhay, Aditya. (2011).‖Laws affecting LGBT persons in South
Asia‖. RFSU and South Asia LGBT Network.
5. ―Humjinsi: A Resource Book on Lesbian, Gay & Bisexual Rights in
India”. (2002). India Centre for Human Rights and Law, Mumbai.
6. Vanita, Ruth. (2001).“Same Sex Love in India: Readings from
Literature and History”.Macmillan.
7. Wolf, Sherry. (2009).‖Sexuality and Socialism‖. Haymarket Books.
61
Exclusion of Minorities and Indigenous People in India
Abstract
Crimes against the historically marginalized Scheduled Tribes (ST) by the
upper castes in India represent an extreme form of discrimination. Despite the
right to non-discrimination on the basis of race or caste enshrined in Article 15
of the Indian Constitution, discrimination against Scheduled Tribes is
pervasive. There are so many steps taken by the Government of India to help
the social inclusion of them into the Indian society. Despite various measures to
improve the socio – economic conditions of scheduled tribes, they remain
vulnerable. They are denied a number of civil rights; they are subjected to
various offences,indignities, humiliations and harassment. They have in several
brutal incidents, been deprived of their life and property. This paper focuses on
the incidence and rate of crime committed against ST and government actions
for the protection of them.
63
Exclusion of Minorities and Indigenous People in India
weaker sections in general and those of Scheduled Castes and Scheduled Tribes
in particular. The Scheduled Tribes in India, constituting almost 8.6% of the
total population, have not remained untouched from various crimes. They have
been victims of countless crimes, both because of their gullibility and lack of
hearing of their grievances.
less than one - third (30.7%) of Crimes against Scheduled Castes and Scheduled
Tribes across India were registered under the provisions of Prevention of
Atrocities Act. Incidentally, there has also been an alarming increase of
violence against Dalit women.
65
Exclusion of Minorities and Indigenous People in India
Methodology
The present study is based on secondary data. The secondary data were
collected from various sources like various years annual reports of ministry of
tribal affairs, ministry of home affairs and National Crime Records Bureau,
various books, journals, periodicals, articles & newspapers, etc. In order to
analyse the collected data, simple statistical tools like tables, averages are used.
Data analysis
Analysis of incidence and rate of crimes committed against
scheduled tribes in India
*Rate of Total Cognizable crimes = (Total cases reported under crime against
STs/Total Population of SCs) x 100000 i.e., Incidence of Crime per 1, 00,000 of
Population of STs.
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Exclusion of Minorities and Indigenous People in India
The Ministry of Tribal Affairs is the Nodal Ministry for overall policy,
planning and coordination of programmes of development for Scheduled
Tribes.
69
Exclusion of Minorities and Indigenous People in India
71
Exclusion of Minorities and Indigenous People in India
Findings
It is clear from the analysis that the violence against scheduled tribes is
increasing. The incidence and rate of crimes shows an increasing trend.
Violence against scheduled tribes in India during 2015 shows that rape is the
major form of violence against scheduled tribes in India constituting reported
cases 952 and number of victims 959. The other crucial violence is assault of
women outside her modesty and sexual harassment. The other important forms
of violence are attempted to commit murder, assault or use of criminal force to
women with intent to disrobe, arson, robbery and dacoity. The major preventive
checks by Indian government are setting up of The Scheduled Castes and Tribes
(Prevention of Atrocities) Act, 1989, SCs and STs (Prevention of Atrocities)
Amendment Bill 2014, The Protection of Civil Rights Act, 1955, The Ministry
of Tribal Affairs, National Commission for Scheduled Tribes and National
human rights commission of India
Conclusion
Legislations have been passed by the Parliament like Protection of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and
the Protection of Civil Right Act, 1995. Despite these legislatures, Scheduled
Castes and Scheduled Tribes are continually facing various kinds of violence
committed by upper caste people in our country, so it is necessary that existing
legislature to prevent caste-based violence must be strictly implemented.
Nevertheless the real solution to the problem lies in the sensitization of the
people. People must be sensitized through education that all the peoples
including Scheduled Castes and Scheduled Tribes are the children of the God
and therefore any hatred and atrocity towards them would be hatred to the God
and sin.
Suggestions
In upholding constitutional guarantees of equality, freedom, justice and
human dignity, the government of India should demonstrate its commitment to
the eradication of caste violence and caste-based discrimination by
implementing the following recommendations at the earliest possible date.
Educate state agents and the Indian population on the rights and
constitutional freedoms of all citizens.
In keeping with the Atrocities Rules, police who refuse to register cases
under the act should be punished accordingly.
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Exclusion of Minorities and Indigenous People in India
References
Abstract
Throughout the world, people who are vulnerable and socially disadvantaged
have less access to health resources, they get sicker and die earlier than people
in more privileged social positions. The Indian Constitution identified the
untouchables as a „Scheduled Caste (SC)‟ on the basis of their socio-economic
and cultural vulnerability, but the situation remained pathetic as millions of
Dalits and Tribals are still subjected to social, economic, cultural and political
exclusionary process .Social exclusion is related with deprivation of certain
communities, depending upon their marginalization and lack of knowledge, in
terms of health and health care. Maternal health care is a concept that
encompasses family planning, preconception, prenatal, and postnatal care.
Women are excluded within excluded groups; women are multiple deprived in
term of health, first they are socially excluded and second they are excluded as
women, this multiple deprivations of Dalit and tribal women contributes for ill
health, high maternal mortality, high infant mortality, less antenatal care and
institutional deliveries. Social exclusion is the part of denial of human rights
and health deprivation is denial of health rights of socially excluded groups.
75
Exclusion of Minorities and Indigenous People in India
from availing health care, the entire process makes them more deprived in
terms of health. Poverty force the Dalits to work in the risky environment,
which leads risk for life and health, particularly they may not be able to avail
health services for that injuries.Lack of social protection compounded by
financial barriers can lead to exclusion from health care and economic failure,
trapping families in a cycle of poverty and ill health, which effects are for long
time .Poor health is also related with lower level of education, less landholding
and assets. This paper examines the various aspects of social exclusion in
maternal health care in India by reviewing the expanding scholarly literature on
the topic.
Discussion
In India, an important determinant of social exclusion is caste. The
Government classification defines four categories of caste, SCs, STs, OBCs and
others. SCs constitute around 16% of Indian population, a large percentage of
them lives in rural part of the country and are landless labours. STs constitutes
around 8% of total population and OBCs and other caste together constitute
76% of total population .Even though STs are accorded special status under
the fifth/sixth schedules of Indian Constitution, their status of the whole,
especially their health, still remains isolated, tribal communities are highly
disease prone and also they do not have required access to basic health-care
facilities, they are most exploited, neglected and highly vulnerable to diseases
with high degree of malnutrition, morbidities and mortality .
77
Exclusion of Minorities and Indigenous People in India
deprivation, marginalisation and segregation from health and health care, in this
we arguing on framework of social exclusion in the context of health with
special groups of SCs, STs and OBCs who are having more worsening health
indicators.
Maternal health care is a rather wide term. Often, the term is confused
with only the period of time, when the women gives birth to the child. However
maternal health care is a concept that encompasses family planning,
preconception, prenatal, and postnatal care. India‘s progress toward universal
access to sexual and reproductive health is of global significance, as India
accounts for 17% of the world‘s population and more than one-fifth of all
maternal and child deaths. Empirical evidence suggests that maternal care has
improved in India over the last two decades, but progress has been slow overall
and uneven within the country. Maternal death is defined as death of women
while pregnant or within 42 days of termination of pregnancy from any cause
related to or aggravated by pregnancy or its management. The maternal
mortality ratio is maternal death per 100,000 live births in one year. WHO
estimates show that out of the 529,000 maternal deaths globally each year,
136,000(25.7%) are contributed by India. This is the highest burden for any
single country.
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Exclusion of Minorities and Indigenous People in India
Table 1 shows prevalence of anaemia among the various caste groups. Mild,
moderate, severe or any anaemia among the SCs and STs is more as compared
to their counterparts of other caste groups, 68% of tribal women are having any
anaemia, that is, 51% for the other socially better off groups.Higher prevalence
of anaemia among the women leads higher chances of infection of diseases,
reproductive burden on women increased, anaemia among the pregnant women
is most common among the tribal population, which is one of the cause for
complicated pregnancies and higher mortality among the socially excluded
groups.
Anaemia status
Social groups Any anaemia
Mild Moderate Severe
Scheduled 2.2
39.3 16.8 58.3
caste
Scheduled 44.8 21.3 68.5
2.4
tribe
Other
backward 38.2 14.5 1.7 54.4
class
Other 37 12.9 1.4 51.3
India 38.6 15 1.8 55.3
Source: National Family Health Survey-3
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Exclusion of Minorities and Indigenous People in India
India
50 23 1.2 1 1.6 0.1 22.8
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Exclusion of Minorities and Indigenous People in India
Abbreviation: ANM- Auxiliary nurse midwife, LHV- Lady health visitor, TBA-
Traditional birth attendant.
85
Exclusion of Minorities and Indigenous People in India
Policy Implications
This review has shown that it is not sufficient to speak of achieving
MDG 5 in India as a whole. The differences between states, and social status
are simply too great to allow such generalizations. A very focused campaign of
action delivery services to the most disadvantaged, to reduce inequities in
health, particularly in maternal and reproductive health, will be necessary at the
national, state, and district levels to have a significant impact on the most
disadvantaged populations. In addition, due to the wide disparities between and
within states, which are often caused by varying policies and programs, health
infrastructural shortcomings and governance challenges, analysis of inequities
in maternal health care need to be undertaken at the state and district level. This
also calls for additional research focusing on specific geographical areas or a
specific group within the population. Especially qualitative research is needed
to answer questions on how social determinants influence access to and use of
maternal and reproductive health in a specific setting or among a specific
community. Disparities between regions and subpopulations also emphasize the
need for context sensitive policies and programs. It is clear that one-size will
not fit all and especially the poor and vulnerable will be left out. How social
determinants interplay in a specific context influencing access to and use of
maternal and reproductive health needs to be carefully considered when
designing and implementing policy and interventions.
Conclusion
The existence of social exclusion in our society is the cause for health
deprivation of excluded caste groups in the country, excluded caste group
women are again excluded within excluded, this double exclusion of Dalit and
tribal women contributed for ill health, high maternal mortality, high infant
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Exclusion of Minorities and Indigenous People in India
The Janani Suraksha Yojana (JSY) is one such effort to bring the poor,
excluded and marginalized women closer to the health services system through
a facilitatory and participatory approach with the objective of reducing maternal
and neo-natal mortality. The Accredited Social Health Activists (ASHA) who
are women from the same community under this program serves as the link to
motivate and support the women. The JSY is a program which combines
economic support and facilitatory approaches to enhance institutional deliveries
in rural areas. Public health scholars have raised a number of issues with regard
to the JSY. One controversy is with regard to the over-emphasis on institutional
deliveries given the long-term mistrust of government health services i.e. the
credibility gap and the caste, class and gender bias when women access care .
References
1. Dhar R, Nagpal SJ, Sinha S, Bhargava VL, Sachdeva A, Bhartia A.
Direct cost of maternity-care services in South Delhi: a community
survey. J Health Popul Nutr 2009; 27: 368–78.
2. Mavlankar DV (1999) Promoting safe motherhood: issues and
challenges. In Pachauri S (ed). Implementing a Reproductive Health
Agenda in India. New Delhi: Population Council.
3. National Family Health Survey, Round 2 (1998-99) and Round 3
(2005-06). International Institute for Population Sciences, Mumbai.
4. Navaneetham K, Dharmalingam A (2002) Utilization of maternal
health care services in southern India. Social Science and Medicine
55: 1849–1869
5. Nayar, K R (2007). Social Exclusion, Caste and Health: A Review
Based on the Social Determinants Framework. Indian Journal of
Medical Research, 126 (October): 355-63.
6. Rani M, Bonu S, Harvey S. Differentials in the quality of antenatal
care in India. Int J Qual Health Care 2008; 20: 62–71.
7. Thorat, Sukhadeo and R S Deshpande (2001). Caste System and
Economic Inequality? Theory and Evidence. In Ghanshyam Saha (ed),
Dalit Identity and Politics. New Delhi: Sage Publication.
89
Exclusion of Minorities and Indigenous People in India
Abstract
Financial inclusion ensuring access to financial services and timely and
adequate credit needed by vulnerable groups such as weaker sections and low
income groups. The present study intends to analyze the banking facility of
Pozhuthana Grama Panchayath and the role of banks in uplifting the tribal‟s
economically and socially. The investigations were carried out in Pozhuthana
Grama Panchayath, Wayanad District, Kerala, which is one of the major tribal
center of the state. The study found that Pozhuthana tribal‟s repeatedly faced
the problems due to poor economic condition due to lack of financial
assistance.
INTRODUCTION
Financial inclusion is the delivery of banking services to all the sections
of the society at an affordable cost. Easy access to public goods and services is
the sine qua non of an open and efficient society. As banking services are in the
nature of public good, it is essential that availability of banking and payment
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Exclusion of Minorities and Indigenous People in India
ladders they are among the disadvantaged groups in any society. The
percentage of workers in the agriculture sector is more, indicating the
predominance of agriculture in the Panchayath. The Panchayath is endowed
with rich agricultural, mineral and marine resources. Formalization of priority
sector lending was formalized in 1972 with the recommendations of Informal
study group on statistics relating to advances to the priority sectors. Pozhuthana
is considered as priority area. The investigations were carried out in
Pozhuthana Grama Panchayath, Wayanad District, Kerala, which is one of the
major tribal centre of the state. An average HDI of tribes in Pozhuthana is
0.370, i.e. in Pozhuthana more than 80 percent of the tribal population live
below poverty line. Analysis among tribes reveals that, where indigenous
peoples are known as ―tribal people‖ or ―tribal‘s‖, they are at the bottom
of society: they are the poorest, most marginalized, oppressed, and deprived
people in the country. The present study intends to analyze the banking facility
of Pozhuthana Grama Panchayath and the role of banks in uplifting the tribal‘s
economically and socially.
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Exclusion of Minorities and Indigenous People in India
METHODOLOGY
The study relies up on both primary and secondary data. Primary data
were collected by administering a scheduled questionnaire and also through oral
interviews. The primary data collected through survey method taken by sample.
The secondary data collected from the sources like journals, records,
newspapers and internet etc.
Programmes %
Shepperd 15%
Total 100
Source: survey data
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Exclusion of Minorities and Indigenous People in India
%
Rank The Customer Services No. of Respondents of Respondents
Excellent 16 22.85
Good 36 51.43
Average 14 20
Poor 4 5.72
Total 70 100
Source: survey data
6 Pdc Bank no
7 Muthoot Bank no
Cooperative banks 2
Post offices 1
Source: survey data
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Exclusion of Minorities and Indigenous People in India
Suggestions to Government
Government should take various steps regarding a greater focus on
credit rather other financial services like saving and insurance although
banks and financial institution and co-operative did provide facilities.
Government must conduct generation camp on financial services like no
frills, SHGs and its benefits for opening an account to all the socially
excluded groups.
Government should introduce new scheme to bring the socially
excluded groups to be included in the financial sectors by offering low
interest rates, credit facilities, low premium insurance, schemes, pension
scheme and promote self help group.
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Exclusion of Minorities and Indigenous People in India
There 68% tribes have bank accounts. And 15% start bank account on
self decision.
Pozhuthana more concentrated in coffee and tea cultivation.
Tribes have insurance about 52%.
The main pension schemes of tribal community are old age pension and
then widow pension.
Almost 66% population of pozhuthana had wages below 1000Rs.
Today it is more below than expenditure.
In pozhuthana almost 80% of tribal groups had no practice of saving
their income.
REFERENCES
1) Agarwal, P., Goldar, B., & Nayak, P.B. (2011). India‘s Economy and
Growth. Essays in Honour of V K R Rao. India: Sage Publications.
Jack, R.K., Les, R.D., & Robert, J.H. (2008). Personal finance. New
Delhi: McGraw-Hill Publishing Company Ltd., pp. 22-88.
2) Balashri, S.J. (2011). Empowering Financial Inclusion through
Financial Literacy. (pp. 1-12).
3) Benjamin, S. (2009). Urban Slums in Gujarat and Rajasthan.
Ahmedabad, India: Mahial Housing Sewa
4) Trust. Bhole. L.M. (2004). Financial Institutions, Market and Services:
Structure, Growth and Innovation (4th ed.). New Delhi: Tata McGraw
Hill Publications
5) Jack, R.K., Les, R.D., & Robert, J.H. (2008). Personal finance. New
Delhi: McGraw-Hill Publishing Company Ltd., pp. 22-88.
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Exclusion of Minorities and Indigenous People in India
1.1. Muslims
Muslims are the largest minority in India. Historically, Muslims (from
Afghanistan, Turkey and Asia Minor) ruled India for several hundred years
(from the twelfth to the nineteenth century) before the arrival of the British.
They enjoyed a powerful political, economic and social position, especially in
greater Punjab (which included Delhi) in northern India. Muslims were also
predominant in the Deccan. The situation of Muslims in India today is in sharp
contrast to their position during the centuries when they ruled the country. They
are generally poorer than Hindus, the majority population. The incidence of
poverty among Muslims in urban areas is the highest among the religions.
However, Muslim poverty in rural areas has declined substantially.
Notwithstanding, the Prime Minister‘s High-Level Committee (GOI, 2006a, p.
162) notes that ‗the situation of the community in urban areas seems to be
particularly bad in relative terms in almost all states except Kerala, Assam,
Tamil Nadu, Orissa, Himachal Pradesh and Punjab.
1.2. Christians
Christianity arrived in India about 2,000 years ago. A good proportion
of Indian Christians are converts from Hinduism or Islam. Both the Portuguese
(who ruled Goa) and the British missionaries spread this religion in India
through conversion, which began in the fifteenth century with the arrival of
European missionaries. Christians are concentrated mainly in the states of
Kerala, Tamil Nadu, Goa, Manipur and Mizoram.
1.3. Buddhists
Buddhism was born in India and flourished there until about 500 CE.
However, it did not survive its original form, moving out instead to Ceylon
(now Sri Lanka), Tibet and South-east Asia. At the time of the Muslim rule in
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Exclusion of Minorities and Indigenous People in India
1.4. Sikhs
Unlike Islam and Buddhism, Sikhism is quite young – only 400 years
old. Its followers, the Sikhs, originated in the northern Indian state of Punjab.
They form only about 2 per cent of the population, although their contribution
to society, the economy and the Indian army is disproportionately large. Like
the Mughals, the Sikhs ruled the Greater Punjab in the nineteenth century
before the British conquered them. As a religious minority, the Sikhs are known
to be sturdy farmers, soldiers and successful businessmen.
1.6. Jainism
Jainism traditionally known as Jain Dharma is an ancient Indian
religion belonging to the śramaṇa tradition. The central tenet is non-violence
and respect towards all living beings. The three main principles of Jainism
are ahimsa (non-violence), anekantavada (non- bsolutism)and aparigraha (non-
possessiveness).Jainism is India's sixth-largest religion and is practiced
throughout India. As per the 2011 census, there are only 4,451,753 Jains in the
1.21 billion population of India, the majority living in Maharashtra,
Rajasthan, Gujarat and Madhya Pradesh, however, the influence of Jainism has
been far greater on the Indian population than these numbers suggest. Jains can
be found in 34 out of 35 states and union territories, with Lakshdweep being the
only union territory without Jains. The state of Jharkhand, with a population of
16,301 Jains also contains the holy pilgrimage centre of Shikharji.
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Exclusion of Minorities and Indigenous People in India
community, constituting over 26.56 per cent of overall population of India. The
Christians are the next dominant group at 18.38 per cent, Sikhs, Buddhist, and
Janis are at 1.72, 0.70 and 0.37 percent respectively.
Table. No. 2.1.
Population across Minorities in India
Minorities Population %
community the Muslims have the lowest rates of Literacy at 59.1 per cent. This
could be also because a majority of them are educated at the Madarsas than
formal schools.
Table. No.2.2.
Literacy Rates among Minorities Communities
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Exclusion of Minorities and Indigenous People in India
Table.No.2.3.
Average Household Size of Different Minority Communities
as they vary in Rural and Urban Areas
Rural Household Urban Household
Minority Communities
Size Size
Buddhists 5 5
Christians 4 4
Jains 4 5
Muslims 5 5
Sikhs 5 5
Zoroastrians 8 3
Source: NSSO, 61st Consumption Expenditure Round
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Exclusion of Minorities and Indigenous People in India
Table. No.2.5
Rural, Urban Unemployment Rates across
Minorities
These rates would go down further, if we used the ‗usual status‘ criteria,
which in addition to the ‗usual principle status‘ of a person, also includes his or
her ‗usual subsidiary activity status‘. Persons designated as unemployed for the
major part of the year based on the ‗usual principle status‘ criteria, also do some
form of work for a shorter duration ( but more than 30 days) or on a part-time
basis along with their principal activity (in this case, usually less than 180
days). Such persons are taken as working or employed under the usual status
criteria, thus further reducing the incidence of unemployment
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Exclusion of Minorities and Indigenous People in India
Table. No.2.7.
Mean Per-capita Consumption Expenditure (Rural/Urban)
Minority Mean MPCE/Rural Mean MPCE/Urban
Communities
Unlike the rural picture, the urban situation shows the Zoroastrians
doing the best amongst all, as is usually expected of them due to high level of
education and private economic enterprise. Also all the groups show above
average expenditures except the Buddhists and the Muslims. After the
Zoroastrians it‘s the Jains, Sikhs, Christian and others who show above average
expenditures
2.8. CONCLUSION
The detailed analysis done above considering economic and social
indicator of Minority Communities shows substantial variations across these
groups in their level and nature of exclusion or marginalisation. While many of
the differences in their well-being can be explained by cultural differences and
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Exclusion of Minorities and Indigenous People in India
beliefs, many arise due to the differences in group strength in terms of numbers,
level of education, group cohesiveness, economic endowment and their political
awareness and clout. The Jains are a case in point. Despite being one of the
smallest groups they are the most well educated, prosperous and also quite
politically influential in India. The Muslims, on the other hand, despite being
the second largest religious community in India lack significant education
levels as well as general socio-economic standing. If we choose different
measures of economic well-being and observe which groups perform the worst
and which least, we find that those falling in the others, Zoroastrians and the
Muslim categories show up across most of the chosen indicators. They are
followed by the Buddhist and Sikhs. The Christians and the Jains show up the
least number of times. These relative positions of groups get further entrenched
by inter-group competition arising from differences in religious beliefs and
animosity.
REFERENCES
A.S. Bhalla, Dan Luo, (2013),Poverty and Exclusion of Minorities in China
and India, Palgrave Macmillan publishers, U.K.
GOI (Government of India), National Commission for Minorities (2008b)
Socioeconomic Status of the Notified Minority Communities (other than
the Muslims) (New Delhi).
GOI (Government of India), Planning Commission (2001b) Report of the
Working Group on Empowering the Minorities, The Tenth Five-Year Plan
(2002–2007) (New Delhi).
Government of India (2009), Eleventh Five Year Plan -2007- of Poverty
with Application to Thailand‖, Journal of Quantitative Economics, Vol. 16
(1), pp 67-79.
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Exclusion of Minorities and Indigenous People in India
Women's rights are those rights and entitlements which are claimed for
women and girls of many societies worldwide. Women are defined in most
human rights instruments in terms of their childbearing and household
responsibilities. Family, the primary unit of society, is often a platform of
violence, injustice and oppression for many women rights. There are severe
problems on the possibility of equal treatment and due respect to women within
the existing human rights regime. These are some of the rights ensured by the
Government as a democratic polity.
Right to equality
Right to education
Right to live with dignity
Right to liberty
Right to political participation
Right to property
Right to equal opportunity for employment
Right to free choice of profession
Right to livelihood
Right to work in equitable condition
Right to get equal pay for equal work
Right to protection from gender discrimination
Right to social protection in the eventuality of retirement, old
age and sickness
Right to protection from inhuman treatment
Right to protection of health
Right to privacy in terms of personal life, family, residence,
correspondence etc and
Right to protection from society, state and family system.
All of the above said rights are guaranteed for women as per the Indian
constitution but the status of women in Modern India possesses a paradoxical
picture. As compared with past women in modern times have achieved a lot but
in reality they still have to travel a long way. Earlier the status of women in
India as a whole was very low when compared to their male counterparts due to
several socio-economic and cultural factors like dominance of male chauvinism
in the society, non-existence of employment opportunities, lack of education,
absence of absolute property rights, social prejudices, social evils like sati,
Jauhar, pardha, child marriage, denial of remarriage to widows and restriction
on girl education, etc. Freedom struggle led women in India as creative
thinkers. The close contact with western culture, tradition, literature and
education influenced the Indians. Meanwhile, there were debates on elimination
of Sati, female education, widow remarriage, the age and consent for marriage,
and more generally on the status of women among Indians. The industrial
revolution, American independence and World Wars made drastic changes in
development of women in western countries. Changes happened in western
countries have also influenced the movement of upliftment of women in India.
British rule led to realization of the need of education equally for men
andwomen. More and more girls are given the facility to have higher
education.Gender based Education and vocational training are offering
stereotyped‗feminine‘ jobs for girls such as nursing, cutting, tailoring, etc. As a
result womanworkers are mainly concentrated in the informal sector which does
not requiremuch training or education, in traditional activities such as domestic
work,laundry, child minding, farming etc. Women predominate in this sector
becausethe only work that they can find is informal in nature and their incomes
are at thepoverty level.
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Exclusion of Minorities and Indigenous People in India
All these rights can be enjoyed by the women community at par with the
men. However, in the sphere of women‘s right in India, there exist a wide gulf
between theory and practice. The constitution of India gives women equal
rights with men from the beginning. Unfortunately, women in India are
unaware of their rights because of illiteracy and lack of interest in politics.
Women are striving to achieve equality -socially, economically, educationally,
politically and legally. However, they continue to face discrimination and
marginalisation both subtle and blatant, and do not share the fruits of
development equally.Even though, women have participation in fields such as
legislative assembly, political agitation, productive sectors, literature, etc., there
were so many unfavourable factors, which constrained them to enter into social
activities.The purpose of this study is to check the level of awareness among
rural women about their rights and also analyze the effectiveness of the laws for
the progress and protection of women passed by the Government. This study is
very significant as it provides valuable information about the level of awareness
among rural women about their rights. It also helps to realize the need of
effective implementation of the existing laws and its amendments according to
the requirement of the society. The study points out the threats or challenges of
women facing in a modern society. Moreover, this study enables to understand
the concept of human rights related to women and their protection by the
legislations.
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Exclusion of Minorities and Indigenous People in India
Methodology
This is a descriptive study. The data collection tool used in this study is
self made questionnaire having different dimensions like education, decision
making, perception, social restriction and property. Convenience sampling was
followed. A sampleof 50 women from different rural areas of Aluvawho are the
mothers of the students of our college were the respondents. 92%of participants
have primary education and all of them are literate. Among the participants
83% are income earners.
The sex ratio measured as the number of females per thousand males is
considered to be fairly good indicator of women‘s status. The sex composition
of India‘s population shows a shortage of females per 1000 males. Although,
the country as a whole is marked by adverse sex ratio Kerala is the only state
which outnumbers males with 1058 females per 1000 males as against 933
females per 1000 males at the All India level during 2001. In 2011 also Kerala
is the only state which women outnumbers males with 1084 females per 1000
males in Kerala as against 940 females per 1000 males at the All India Level.
There is a need to strengthen and streamline the role of women in the
development of various sectors. Utilizing their power is very important for
nation building and to attain accelerated economic growth. There is an urgent
need for more empowerment programmes to be implemented for women.
Kerala which has the highest literacy rate of 90.92 percentages occupies
the top spot in both male and female literacy, at 94.20 percentages and 87.86
percentages respectively. Here also female representation is less than male
representation In 2011, the position of literacy rate among male and female
increased to 96.02 and 91.98 respectively, but female representation is still less
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Exclusion of Minorities and Indigenous People in India
Yes No
Human rights awareness 58 42
Right to speech and expression 98 2
Source: Primary
120
100
80
60 No
Yes
40
20
0
Human Rights Awareness Right to Speech and Expression
90
80
70
60
50
40
30
20
10
0
We see that the rural women are not sufficiently aware of the social
security scheme by the Government. The ignorance on law of equal pay for
equal work has to be specially mentioned. In this context, we can infer that the
present tools for the political communication and information is not effective in
propagating the initiations of the Government to the beneficiaries.
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Exclusion of Minorities and Indigenous People in India
data on decision making rights shows that women play a decisive role in the
family regarding the education of children , their marriage and family
expenses. But on family property matters, only 56% had a say.
120
100
80
60
40
20
0
Property Education of child Marriage of Family
children expenditures
125
Exclusion of Minorities and Indigenous People in India
NEGLIGENCE OF PUBLIC
Negligence by public Percentage
Yes 58
No 42
Source: Primary
The women community realized that they were neglected by the public
in many matters. this requires special attention.
CONCLUSION OF SURVEY
Even though the awareness of rural households on human rights were
only 58%, 98% of the participants claimed that they were aware of freedom to
speech and expression and the laws for the protection of women. High percent
of participants were suffering atrocities within their home which indicates that
awareness on laws and rights are not sufficient to empower them. About the
decision making role good percentage of households enjoy the right to decide
the education, marriage of their children and freedom to spend money for
family matters. At the same time their role to decide matters on family property
is negligible.
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Exclusion of Minorities and Indigenous People in India
towards women in the society. The survey reveals that majority participants
thought that the women community suffers negligence and humiliations in
public.
During their journey the lack of access of safe and clean public toilets is
a threat to their security. The filthy conditions of the public toilets and the fear
of the presence of cameras in the public toilets hindered them to use these
toilets. Majority of the participants stressed the need to reserve seats in elected
bodies of Governmental institutions especially elected bodies which provides
great opportunities for them in the decision making process and makes drastic
changes in all spheres of their life.
The survey points out that we have to work far more to attain the
empowerment and ensure the security of women. In every region of the world,
there are continuous efforts to promote women‘s rights and end discrimination
against them. Even after Thirty years of the adoption of the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), many
girls and women still do not have equal opportunities to realize rights
recognized by law. In many countries, women are not entitled to right to
education, equal status and inherit land. Social exclusion, trafficking, restricted
mobility and early marriage are the other issues. In case of women education
rates, progress has been made around the world, and in many countries girls and
young women have outnumbered and outperformed boys. Nevertheless, these
advances have yet to translate into greater equity in employment, politics,
family and social relations. So it can be concluded that there is a lot of
improvement in the status of women in the society.
Reference
1. Poonam Devi. A Study of Awareness among Rural Women about their
rights. Assian Journal of Educational Research and Technology. 2013,
3(2), ISSN: 2249-7374.
2. Shabana Ashraf. A Study of Human Rights Awareness among Prospective
Teachers.International Journal of Scientific Research. 2013, ISSN: 2277-
8179.
3. Desai S. (1994): Gender Inequalities and Demographic Behavior, India,
New York.
4. United Nations Convention on the Elimination of All Forms of
Discrimination against Women: Introduction.
5. Wiegman, Robyn (editor) (2002): Women's Studies on Its Own: A Next
Wave Reader in Institutional Change. Duke University Press,
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Exclusion of Minorities and Indigenous People in India
Abstract
The word Education is derived from the Latin word Educare, which means 'to
bring up', 'to nourish', 'to raise' etc. Education is a process which draws out the
best in man with the aim of producing a well-balanced personality culturally
refined, emotionally stable, ethically sound logically correct, mentally alert,
intellectually competent, technically advanced, morally upright, physically
strong, socially efficient, spiritually mature, vocationally self-sufficient and
internationally liberal. It is in this background, the aim of the paper is to bring
out the definition, meaning, aims and types of education in the light of
Constitution. The paper is also highlights the articles related to education in
the Constitution.
Key words: Education, Constitution
________________________________________________________________
INTRODUCTION
Education is a process which draws out the best in man with the aim of
producing a well-balanced personality culturally refined, emotionally stable,
ethically sound logically correct, mentally alert, intellectually competent,
technically advanced, morally upright, physically strong, socially efficient,
spiritually mature, vocationally self-sufficient and internationally liberal.
ETYMOLOGICAL MEANING
The word education is derived from the Latin word Educare, which
means 'to bring up', 'to nourish', 'to raise' etc. According to another explanation
‗E‘ means 'out of and, ‗duco‘ means 'to lead', i.e.'to educate' means 'to lead
forth' or 'to extract out' the best in man. Gandhiji and Tagore maintained that
education should draw out the best in child and man.
DEFINITIONS
Aristotle defined 'education, as the creation of a sound mind in a sound
body'. Rig Veda says 'education is something which makes a man self-reliant
and self less'. Sri Sankaracharya regarded education as the realization of the
self. According to Swami Vivekananda 'education is the manifestation of the
divine perfection already existing in man.‘
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Exclusion of Minorities and Indigenous People in India
'Acharyath padharnadathe
Padham shishya swamedhaya
Padham sabrahmacharibhya
Padham kalakramenachaS
It is said that a pupil gets one-fourth of his education from his teacher,
another one-fourth by his own intellectual efforts, another one-fourth from his
fellow students and the rest in the course of time through life and experience.
Education has to lead the individual from darkness to light, from ignorance to
knowledge, from wickedness to righteousness and from falsehood to truth.
AIMS OF EDUCATION
During the days of Aryans in India, Spiritualism was the main aim of
education. The aims of education will vary from time to time and from people
to people.
Knowledge Aim
Socrates said, "Knowledge is power by which things are done. One who
had true knowledge could not be other than virtuous" True knowledge develops
the mind and gives strength to act.
Character Aim
Character formation has been the most important aim of education since
the beginning of human culture. Without the development of character, no man
can become an educated one. Gandhiji tried to develop courage, strength,
virtue, the ability to forget etc, as good elements of character. Swami
Vivekananda has emphasized the importance of character building as the aim of
education in the following words.
Vocational Aim
It is also known as the Bread and Butter aim of education. Education
prepares a child for a profession and enables him to earn his livelihood.
Moral Aim
Herbert Spencer wrote, "the one and the whole problem of education
may be summed up in a single concept morality. It is believed that the main
function of education is to cultivate socially desirable values in children.
Development of Culture
The culture of a people includes their knowledge, belief, aft, law, mode
of communication etc. The main aim of education is to preserve, transmit and
transform these qualities and make man cultured and civilized. Gandhiji
attached far more importance to the cultural aspect of education than to the
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Exclusion of Minorities and Indigenous People in India
literary, and said, "Culture is the foundation, the primary thing... It should show
itself in the smallest detail of your conduct and personal behaviour, how you sit,
how you walk, how you dress, etc.
Leisure Aim
An idle brain is a devil's workshop. One great cause of strikes and
indiscipline among the students is that they are not taught how to utilize their
leisure hours.
TYPES OF EDUCATION
1. Formal Education
Formal education refers to the hierarchically structured and
chronologically graded system of education. It is consciously and deliberately
planned system of education to bring about specific behavioural changes in the
educand.
2. Informal education
Informal education is really lifelong education. It is a natural and
spontaneous education. It is not It is a natural and spontaneous education. It is
not confined to any specific agency. The family, peer group community, press,
libraries, films, radio, TV etc. are typical agencies and mediums of informal
education. The process of informal education starts from birth and continues
until death. In short, informal education can be termed as continuous and life
long process without any organized system or structure.
Peer Group
The peer groups are the activity groups of young children, which also
play the educational role of informal agency in their own way. They come next
to family. They are the associations formed spontaneously for the purpose of
recreation or play or such other common mutual interests.
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Exclusion of Minorities and Indigenous People in India
Community
A child grows in the family, school and community. He learns more by
living as a member of the community. Mutual co-operation and collaboration
between the school and community is desirable for democratization and
improvement of education. The school should be developed as the community
center, or 'miniature community' by making its programme relevant to the life
needs and aspirations.
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Exclusion of Minorities and Indigenous People in India
CONCLUSION
Education is that process which draws out the inborn capacities and
potentialities of the child and develop them to its maximum level. The
Constitution of India which came into force on January 26, 1950 is a unique
REFERENCE
Shashi Prabha Sharma, Teacher Education, Kanishka Publishers and
Distributors, New Delhi 2005.
Sheela Mangla, Teacher Education: Trends and Strategies, Radha
Publications,New Delhi, 2003.
Singh, Y.K., Philosophical Foundation of Education , APH Publishing
Corporation, New Delhi, 2009
http://www.careerride.com/view/education-in-india-history-and-
constitutional-provisions-19671.aspx
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139
Exclusion of Minorities and Indigenous People in India