Legal Exploitation of Weaker Sections

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This article is written by Shambhavi Shrivastava of 4^th Semester of Pravin Gandhi College of Law

Introduction

The Republic of India is known for its diverse culture and secular nature. What makes it less popular in other countries is its socio-economic disparity, which has greatly contributed to the rise of weaker section of the society, which is variegated as the nature of the Indian society consisting of many sections, to name a few – women, scheduled castes, scheduled tribes, other backward classes, transgenders and so on. They have been discriminated in every walk of their life by the influential section of the society. In a democratic country like India all other freedoms fatuous if the citizens do not have socio-economic freedom. These sections have faced discrimination and have never been considered equal with the other members of the society since time immemorial. Yet their quest for access to basic rights and social justice is antediluvian and still confronted with several issues. It was the emergence of religions like Jainism, Buddhism, efforts of Gandhiji to uplift the Harijans, Dr Ambedkar’s endeavour to make them socially and politically equipped by providing them means in the constitution that their status has improved. Every now and then, a question which is persistently discussed is whether the status of weaker section of the society have changed? Whether they are guaranteed all their rights and provided with justice?

Keywords – Discrimination, Justice, Weaker sections

Who are the people constituting weaker sections?

“Weaker section” is a term which is usually used to refer to that portion of the population which is economically, socially and politically lags behind the population as a whole and have endured with a range of infirmities due to the fact of their being backward.

Due to the ill practices such as untouchability, tribal backwardness etc, the Government of India Act, 1935 describes “weaker sections” as individual, or groups of individuals or a particular class of individuals those who have struggled with socio-cultural, educational and economic backwardness, as well as others aspects of life.

Various resolutions that have been passed by the Indian government has divided the weaker sections of the society in three chief categorization –

Scheduled Castes
Schedules Tribes
Other Backward classes

But this list does not include all the categories of people who should be considered under the weaker sections. Class of people such as senior citizens, sexual minorities, women, poverty ridden migrants, disabled, people suffering from sexually transmitted diseases have also suffered historical injustice and inequality. These have also been victimised from antiquity.

What is legal exploitation?

Legal exploitation refers to the use of laws and legal mechanisms to exploit weaker sections of society. This could take various forms, from the exploitation of vulnerable workers to the systematic disenfranchisement of certain groups. In many cases, legal exploitation is enabled by the very laws and regulations that are meant to protect vulnerable populations.

One of the most obvious examples of legal exploitation is the exploitation of workers. This can take many forms, including unpaid wages, unsafe working conditions, and excessive working hours. In many cases, workers are forced to work in these conditions due to their vulnerable status, such as being undocumented or lacking access to legal resources. Employers may use legal mechanisms to exploit these workers, such as by classifying them as independent contractors rather than employees or denying them the benefits they are entitled to under the law.

Another example of legal exploitation is the disenfranchisement of certain groups, such as racial minorities and low-income individuals. This can take many forms, from gerrymandering to voter ID laws that disproportionately impact these groups. These laws are often justified on the grounds of preventing voter fraud or maintaining election integrity, but in reality, they serve to limit the political power of these groups and perpetuate their disenfranchisement.

One of the most insidious forms of legal exploitation of weaker sections is debt bondage. This occurs when individuals are forced to work off a debt that they can never repay, often in harsh or dangerous conditions. Debt bondage is common in many parts of the world, particularly in developing countries where poverty and lack of opportunity can leave people vulnerable to exploitation. In some cases, debt bondage is even used as a means of trafficking individuals into forced labour or sexual exploitation.

Legal exploitation can also take the form of predatory lending practices. Banks and other financial institutions may target vulnerable individuals with high-interest loans or predatory lending practices, which can trap them in cycles of debt and financial insecurity. These practices are often enabled by legal mechanisms that allow lenders to charge high interest rates or engage in other exploitative practices.

Why does legal exploitation occur?

There are various reasons why legal exploitation occurs, but one of the most significant is the power imbalance between different groups in society. Those who hold power, whether through wealth, political influence, or social status, are often able to use the law to their advantage and exploit those who lack these resources. This is particularly true in societies where there is a significant income or power gap between different groups.

Another factor that contributes to legal exploitation is the failure of legal systems to adequately protect vulnerable populations. Laws and regulations are meant to provide a level playing field for all individuals, but in reality, they often fail to do so. This may be due to loopholes in the law or insufficient enforcement mechanisms that allow exploitative practices to continue unchecked.

Finally, legal exploitation may occur due to cultural or social norms that perpetuate the marginalization of certain groups. For example, racial or gender biases may be reflected in the law, making it easier for those in power to exploit vulnerable populations. Similarly, social norms that stigmatize certain groups may make it more difficult for them to access legal resources and assert their rights.

Some of the prevalent forms of legal exploitation

Labour laws: One of the most common forms of legal exploitation is the violation of labour laws. Workers in industries such as textiles, construction, and agriculture are often paid below the minimum wage, work long hours, and are not provided with basic amenities such as healthcare and safety equipment. Employers also frequently deny workers their right to form unions, which is a violation of their fundamental right to association.
Land laws: Another form of legal exploitation is through land laws. Weaker sections such as Dalits, Adivasis, and other marginalized communities are often denied access to land, which is their primary source of livelihood. In many cases, land is illegally acquired from these communities, either by the government or by private individuals, without proper compensation or consent.
Caste-based discrimination: The Indian caste system is one of the oldest and most entrenched forms of social stratification in the world. Despite being outlawed by the Constitution, caste-based discrimination continues to be a pervasive problem in India. Weaker sections such as Dalits and Adivasis are often subjected to caste-based discrimination in various forms, including denial of basic services such as education and healthcare, and exclusion from economic and political opportunities.
Gender-based discrimination: Gender-based discrimination is another form of legal exploitation that affects women and girls disproportionately. Despite several laws and regulations aimed at protecting women’s rights, gender-based discrimination persists in various forms, including violence, harassment, and unequal pay.
Criminal justice system: The criminal justice system is meant to protect the rights of citizens and punish offenders. However, weaker sections of society are often victimized by the system itself. Police brutality, custodial deaths, and wrongful arrests are just some of the ways in which the criminal justice system has failed weaker sections of society.

Impact of Legal Exploitation

The impact of legal exploitation on weaker sections of society is devastating. It perpetuates poverty and inequality and denies them the basic rights and opportunities that are essential for a dignified life. The denial of land and livelihoods, the violation of labour laws, and caste-based and gender-based discrimination are just some of the ways in which weaker sections are systematically excluded from mainstream society. It can also have economic consequences, as those who are exploited are often unable to participate fully in the economy or to access the resources they need to thrive. This can lead to a vicious cycle of poverty and exclusion, as the exploited are unable to escape their circumstances and are denied the opportunity to improve their lives. The impact of legal exploitation is not just economic but also psychological, as it perpetuates feelings of helplessness and hopelessness among those who are subjected to it.

Moreover, legal exploitation also undermines the rule of law and erodes public trust in institutions. When laws and regulations are used to oppress weaker sections, it sends a message that the law is not meant to protect everyone equally. This erodes public trust in institutions and undermines the legitimacy of the state.

Provisions in the Constitution for weaker sections

The makers of the Constitution envisaged various provisions within the Constitution to safeguard and uplift the weaker sections of the society. These can be listed as follows –

Article 14 – It states that “The State shall not deny to any person equality before the law or equal protection of the laws within the territory of India”.

Article 15 – It states that “The State shall not discriminate any citizens on grounds only of religion, race, caste, sex, place of birth or any of them”.

Article 15(3) – It states that “Nothing in this article shall prevent the State from making any special provision for women and children”.

Article 15(4) – It states that “Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes”.

Article 16 – It provides for equality of opportunity in the matters of public employment.

Article 17 – It states that “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with the law”.

Article 21 – It states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”.

Article 21A – “provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine”.

Article 24 – It states that “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment”.

Article 25 – It provides for “freedom of conscience and free profession, practice and propagation of religion”.

Article 29 – It provides for the “protection of interest of minorities”.

Article 30 – It provides for the “right of minorities to establish and administer educational institutions”.

Article 38 – It states that “The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life”.

Article 41 – It states that “The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want”.

Article 42 – It provides for “Provision for just and humane conditions of work and maternity relief The State shall make provision for securing just and humane conditions of work and for maternity relief”.

Article 340 – It “provides that the president has the authority to investigate the condition of socially and economically backward classes through appointing a commission to investigate”.

Part XVI – provides for political empowerment to the scheduled castes, scheduled tribes and other classes. Article330 and Article 332 reserve seats for scheduled castes and scheduled tribes in the house of people and legislative assemblies of the state respectively.

Constitutional provisions for women

Article 15(3) – It states that “Nothing in this article shall prevent the State from making any special provision for women and children”.

Article 39(a) – The State shall direct its policy towards securing all citizens men and women, equally, the right to means of livelihood.

Article 39(d) – It guarantees Equal pay for equal work for both men and women.

Article 42 – It asks the state to ensure just and humane conditions of work and maternity relief.

Article 51 (A)(e) – To renounce the practices derogatory to the dignity of women

Article 300 (A) – Right of property to women

73rd and 74th Amendment Act 1992 – Reservation 1/3rd of seats in local bodies of panchayats and municipalities for women.

Article 243(D) – Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each level to be reserved for women.

Article 243(T) – Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a Municipality.

Provisions for reservation for the weaker sections

Article 332 – Provides for reservation of SC’s and ST’s in the Legislative Assemblies of the State.

Article 334 – Provides for reservation of seats and special representation which was to cease after forty years, to SC and ST and the Anglo-Indian communities to the House of People and Legislative assemblies.

Article 335 – provides for claims of SC and ST to the services and posts.

Article 243(D) – Provides for reservation to SC and ST in Panchayats

Article 243(T) – Provides for reservation to SC and ST in Municipalities.

Statutory Provisions

Protection of Civil Rights Act, 1955 – this act was passed to curb untouchability and bridge the gap between the upper and lower castes.

Scheduled Castes and Schedules Tribes (Prevention of Atrocities act), 1989 – this act was passed to safeguard the marginalised sections and give them their rights.

The National Commission for Backward Class Act,1993 – It was passed after the Indra Swahney judgement. This act aims to protect and uplift the socially and economically backward classes.

Case Laws

Indra Swahney vs Union of India, 1992

This was the landmark judgment where the Supreme Court upheld the OBC reservation under some conditions as was suggested by BP Mandal commission. The concept of “creamy layer” emerged from this judgement. Also, the 50% ceiling on reservation was mandated in this case.

EWS judgement, 2022

The Supreme Court held that 50% cap on the reservation is not flexible and applies on only socially and economically backward classes, though economical weaker section are not included under the category, so they can have reservation outside this 50% ceiling.

The above judgements show that the Judiciary has tried to bridge the gap which is prevalent. There are many more such judgements in the favour of the weaker sections.

Conclusion

The framers and the founding fathers of the Indian Constitution envisioned the possibility that weaker section of the society which has been historically disadvantaged, requires provisions which would protect them and provide for their upliftment. Hence, the Constitution was framed keeping in mind the need of the section. The weaker sections have been provided enough constitutional and statutory provisions under the Constitution, reservation in educational institution and jobs being one of them. From time to time central government and various state government catapult various schemes in their favour. Various commissions have been established to ensure that they are being given their rights. Over the past few years the government has been trying to promote and uplift them and also bridge the gap between them and the remaining population. India’s progress is possible if and only if, every citizen has all rights and proper access to justice. To make weaker section progress should not only be the duty of government but also of every individual so that they can be merged with the mainstream population. There is also a requirement to properly execute all of the provisions that exist on paper but are not applied. India’s aim of becoming a developed nation may be realised if all of its stakeholders advance and are not exploited.

References