Introduction & Summary
India, a nation founded on the principles of equality, justice, and liberty, recognizes its moral and constitutional imperative to protect and uplift its vulnerable sections. These groups, historically marginalized or disadvantaged due to caste, ethnicity, religion, gender, age, or disability, face systemic discrimination and deprivation.
This module provides a comprehensive overview of the major vulnerable sections of Indian society – Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, Persons with Disabilities, Children, and the LGBTQ+ community. It delves into their unique challenges, the constitutional and legal safeguards in place, and the various government welfare schemes and institutional mechanisms designed to promote their social welfare, ensure justice, and foster inclusive development.
5.1.1: Scheduled Castes (SCs)
Scheduled Castes are groups historically considered 'untouchable' and subjected to severe discrimination and social exclusion due to the caste system.
Historical Disadvantage
- Social Exclusion: Segregated settlements, denied access to public spaces.
- Economic Exploitation: Confined to 'unclean' occupations, bonded labor, denied land.
- Political Marginalization: Excluded from decision-making.
- Psychological Impact: Sense of inferiority, denied dignity.
- Intergenerational Poverty: Cycles of deprivation.
Source: B.R. Ambedkar's writings; NCERT Class 12, Indian Society; Sociological texts.
Constitutional & Legal Safeguards
- Article 17 (Abolition of Untouchability): Fundamental right, practice forbidden and punishable.
- Article 15 (Prohibition of Discrimination): Prohibits discrimination on various grounds. Special provisions for SCs/STs (15(4), 15(5)).
- Article 16 (Equality of Opportunity): Special provisions for reservation in public employment (16(4), 16(4A)).
- Article 46 (DPSP): State to promote educational and economic interests and protect from exploitation.
- Articles 330, 332, 334: Reservation of seats in Lok Sabha and State Legislative Assemblies.
- Article 335: Claims to services and posts consistent with administration efficiency.
- Protection of Civil Rights Act (PCRA), 1955: Enforces Article 17, punishes untouchability acts.
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act): Stronger provisions against atrocities (e.g., manual scavenging, parading naked, land occupation, social boycott). Amended in 2015.
Source: M. Laxmikanth, Indian Polity; Bare Acts (PCRA 1955, PoA Act 1989).
Welfare Schemes
- Post-Matric Scholarships: Financial aid for higher education.
- Scheme for Development of Scheduled Castes (DevSCs): Financial assistance for economic development, skill development, infrastructure.
- Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS): Rehabilitates into dignified occupations.
- Pradhan Mantri Adarsh Gram Yojana (PMAGY): Integrated development of SC-majority villages.
Source: Ministry of Social Justice & Empowerment; PIB.
National Commission for Scheduled Castes (NCSC)
Constitutional Body: Established under Article 338 (after 89th Amendment Act, 2003, bifurcated from combined NCSCST).
Functions: Investigate and monitor safeguards; inquire into complaints; advise on socio-economic development; present annual reports to the President.
Source: M. Laxmikanth; National Commission for Scheduled Castes website.
5.1.2: Scheduled Tribes (STs)
Scheduled Tribes are indigenous communities identified by their distinct culture, geographical isolation, and often primitive traits.
Definition & PVTGs
Definition: Groups specified as STs by the President under Article 342.
Distribution: Central India, North-East, Southern India, Andaman & Nicobar.
Particularly Vulnerable Tribal Groups (PVTGs)
- Criteria: Declining/stagnant population, pre-agricultural tech, low literacy, economic backwardness.
- Challenges: Extreme isolation, very low HDI, high mortality, exploitation.
- Scheme: Development of PVTGs Scheme (comprehensive socio-economic development).
Source: Ministry of Tribal Affairs; Dhebar Commission Report.
Key Challenges
- Displacement & Land Alienation: Due to development projects, forest laws, encroachment.
- Exploitation: By money lenders, forest contractors, wage exploitation.
- Health: Malnutrition, vector-borne diseases, limited healthcare access.
- Education: Low literacy, high dropout, lack of culturally appropriate education.
- Naxalism/Maoism: Exploitation of poverty/land alienation, community caught between forces.
Source: Ministry of Tribal Affairs reports; Human Rights organizations.
Safeguards for STs
- Fifth Schedule: Tribal areas in 10 states (excluding NE). Tribes Advisory Council, Governor's power to regulate laws.
- Sixth Schedule: Tribal areas in 4 NE states (Assam, Meghalaya, Tripura, Mizoram). Autonomous District Councils (ADCs) with legislative, executive, judicial powers.
- Article 244: Deals with administration of Scheduled Areas and Tribal Areas.
- Panchayats (Extension to Scheduled Areas) Act (PESA), 1996: Extends Part IX to Fifth Schedule areas, empowers Gram Sabhas over land, water, MFP, local plans.
- Forest Rights Act (FRA), 2006: Recognizes and vests forest rights and occupation in forest land to forest-dwelling STs and Other Traditional Forest Dwellers. Aims to correct historical injustice.
Source: M. Laxmikanth; Bare Acts (PESA, FRA).
Welfare Schemes for STs
- Tribal Sub-Plan (STC): Mandates states/UTs to earmark budget proportion for tribal development.
- Eklavya Model Residential Schools (EMRS): Quality education for ST children in remote areas.
- Pradhan Mantri Van Dhan Yojana (PMVDY): Value addition to Minor Forest Produce (MFP), run by tribal SHGs.
- Janjatiya Gaurav Diwas (Nov 15): Celebrates tribal freedom fighters and culture.
Source: Ministry of Tribal Affairs; PIB.
National Commission for Scheduled Tribes (NCST)
Constitutional Body: Established under Article 338A (after 89th Amendment Act, 2003, bifurcated from combined NCSCST).
Functions: Similar to NCSC, but specifically for STs – investigating safeguards, inquiring into complaints, advising on development, presenting reports to President.
Source: M. Laxmikanth; National Commission for Scheduled Tribes website.
5.1.3: Other Backward Classes (OBCs)
OBCs are a heterogeneous group of castes/communities that are socially and educationally backward, identified for affirmative action (reservation).
Historical Context & Judicial Milestones
Kaka Kalelkar Commission
First Backward Classes Commission under Article 340. Identified 2,399 backward castes/communities. Recommendations not fully implemented due to lack of objective criteria.
Mandal Commission
Second Backward Classes Commission, chaired by B.P. Mandal. Identified 3,743 castes/communities as OBCs (52% of population). Recommended 27% reservation in central government jobs/PSUs. Partially implemented in 1990 by V.P. Singh government.
Indra Sawhney vs. Union of India ('Mandal Case')
Landmark Supreme Court verdict upholding 27% reservation for OBCs. Introduced 'Creamy Layer' concept for exclusion of economically advanced individuals. Affirmed 50% ceiling on total reservations.
102nd Constitutional Amendment Act
Granted constitutional status to the National Commission for Backward Classes (NCBC) by inserting Article 338B.
Constitutional Provisions
Article 340: Empowers President to appoint commission to investigate conditions of socially and educationally backward classes.
National Commission for Backward Classes (NCBC)
- Earlier: Statutory body (1993).
- Constitutional Status: 102nd Constitutional Amendment Act, 2018, inserted Article 338B.
- Functions: Investigate safeguards, inquire complaints, advise on socio-economic development of OBCs, present reports.
Source: M. Laxmikanth; 102nd Constitutional Amendment Act, 2018.
Reservation Policy
Reservation for OBCs: 27% in central government jobs and educational institutions.
'Creamy Layer' Concept
- Definition: Excludes economically advanced and socially privileged individuals from OBC reservation benefits.
- Criteria: Income-based (currently ₹8 lakh annual income for non-govt. employees), status-based (e.g., children of constitutional post holders, Group A/B officers).
Source: Indra Sawhney, 1992.
Sub-categorization within OBCs
Demand to create sub-quotas to ensure "most backward" among them also benefit. Rohini Commission (2017) examining this issue.
Source: Supreme Court judgments; Ministry of Social Justice & Empowerment; Rohini Commission.
5.1.4: Minorities (Religious & Linguistic)
India's Constitution safeguards the rights of religious and linguistic minorities to preserve their distinct identities.
Constitutional Safeguards
Religious Minorities: Muslims, Christians, Sikhs, Buddhists, Parsis (Zoroastrians), Jains.
- Article 29 (Protection of Interests): Right to conserve distinct language, script, or culture.
- Article 30 (Right to Establish & Administer Educational Institutions): For religious or linguistic minorities.
- Article 350A (Linguistic Minorities): Facilities for instruction in mother-tongue at primary stage.
- Article 350B (Special Officer for Linguistic Minorities): Investigates safeguards and reports to President.
Source: M. Laxmikanth; Constitution of India.
Challenges Faced
- Discrimination: In employment, housing, access to public spaces.
- Identity Issues: Balancing distinct identity with national identity.
- Security: Vulnerability to communal violence, hate speech.
- Socio-economic Backwardness: Evidenced by Sachar Committee.
- Under-representation: In public services, political bodies.
Source: Sachar Committee Report; NCRB data.
Key Reports
Sachar Committee Report (2006)
- Findings: Muslims lagged behind other communities in most socio-economic indicators.
- Recommendations: Affirmative action (not reservations), specific development initiatives, better access to credit, enhancing representation.
Ranganath Misra Commission (2007)
- Recommendations: Proposed 10% reservation for Muslims, 5% for other minorities in education/jobs. Extend reservation to Dalit Christians and Dalit Muslims.
- Status: Recommendations controversial and not implemented.
Source: Sachar Committee Report; Ranganath Misra Commission Report.
Welfare Schemes
- Nai Roshni (2012): Leadership development of minority women.
- Hamari Dharohar (2014): Preserve heritage and culture of minority communities.
- Naya Savera (Free Coaching & Allied Scheme): Financial assistance for competitive exam coaching.
- Pradhan Mantri Jan Vikas Karyakram (PMJVK): Infrastructure development in minority concentration areas.
- Seekho aur Kamao: Skill development.
- Padho Pardesh: Overseas scholarship.
Source: Ministry of Minority Affairs website; PIB.
Commissions
National Commission for Minorities (NCM)
- Statutory Body: Established 1993 under NCM Act, 1992.
- Functions: Evaluates development, monitors safeguards, inquires complaints.
Commissioner for Linguistic Minorities (CLM)
- Constitutional Body: Established under Article 350B.
- Functions: Investigates safeguards for linguistic minorities, reports to President.
Source: M. Laxmikanth; NCM website; CLM website.
5.1.5: Persons with Disabilities (Divyangjan)
Persons with Disabilities, now referred to as 'Divyangjan' (divine body), face unique challenges requiring specific legal and policy interventions.
Definition & Categories
Rights of Persons with Disabilities Act (RPwD Act), 2016
Definition: Person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders full and effective participation in society equally with others.
Categories: Increased from 7 to 21 categories, including:
- Physical Disability (Locomotor, Acid Attack Victims)
- Intellectual Disability (Specific Learning, Autism)
- Mental Illness
- Chronic neurological conditions (Multiple Sclerosis, Parkinson's)
- Blood disorders (Haemophilia, Thalassemia)
- Multiple Disabilities.
Source: Rights of Persons with Disabilities Act, 2016.
Challenges
- Accessibility: Lack of accessible infrastructure (buildings, transport, IT).
- Education: Low enrollment, high dropout, lack of inclusive environments.
- Employment: Discrimination, lack of reasonable accommodation, low workforce participation.
- Social Stigma & Discrimination: Negative attitudes, exclusion, psychological distress.
- Healthcare: Inadequate access to rehabilitation, assistive devices.
- Poverty: Higher incidence due to lack of opportunities.
Source: RPwD Act 2016; Ministry of Social Justice & Empowerment.
Legal Framework
Rights of Persons with Disabilities Act (RPwD Act), 2016
- Replaced 1995 Act, aligns with UNCRPD.
- Key Provisions:
- 4% reservation in govt. jobs (from 3%).
- 5% reservation in higher education (from 3%).
- Mandatory accessibility standards.
- Inclusive education, equal opportunity.
- Strict penalties for offenses.
UN Convention on Rights of Persons with Disabilities (UNCRPD)
International human rights treaty (2006). India signed 2007. Guides national legislation like RPwD Act.
Source: RPwD Act, 2016; UNCRPD.
Accessible India Campaign
Aim: Universal accessibility for PwDs (physical environment, transport, IT) by creating accessible buildings, transport, websites.
DDRS Scheme
Deendayal Disabled Rehabilitation Scheme: Financial assistance to NGOs for socio-economic development and rehabilitation projects.
UDID Card
Unique Disability ID Card: Single, unique identification for PwDs. Facilitates easy access to schemes and benefits nationwide.
ADIP Scheme
Assistance to Disabled Persons for Purchase/Fitting of Aids/Appliances: Financial assistance for procuring aids (wheelchairs, hearing aids).
Source: Ministry of Social Justice & Empowerment; PIB.
5.1.6: Children
Children, defined as individuals below 18 years, are a highly vulnerable group requiring special protection and care.
Rights of Children
UN Convention on the Rights of the Child (UNCRC), 1989
- India ratified in 1992.
- Four Broad Categories:
- Survival Rights: Life, health, nutrition.
- Development Rights: Education, play, recreation.
- Protection Rights: From abuse, exploitation, violence.
- Participation Rights: Express views, be heard.
Constitutional Provisions in India
- Article 21A: Right to Education (6-14 years).
- Article 24: Prohibition of child employment below 14 in hazardous work.
- Article 39(f) (DPSP): State to ensure healthy development in freedom and dignity.
Source: UNCRC; M. Laxmikanth.
Challenges
- Child Labour: Engagement below 14, adolescents (14-18) in hazardous jobs.
- Child Trafficking: For forced labor, sexual exploitation, begging, etc.
- Child Abuse: Physical, emotional, sexual abuse, neglect.
- Malnutrition: High prevalence of stunting (35.5%), wasting (19.3%), underweight (32.1%) for <5 years (NFHS-5).
- Education Gaps: High dropout rates, lack of quality/inclusive education, digital divide.
- Child Sexual Abuse (CSA): Growing concern, severe psychological trauma.
- Street Children & Homelessness: Vulnerability to exploitation.
Source: NCRB; NFHS-5; UNICEF reports.
Legal & Policy Framework
- POCSO Act, 2012: Comprehensive law against sexual offenses, child-friendly process, strict penalties.
- Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): Deals with children in conflict with law & in need of care/protection.
- Child Labour (Prohibition and Regulation) Amendment Act, 2016: Prohibits employment of children below 14 in all occupations.
National Commission for Protection of Child Rights (NCPCR)
- Statutory Body: Established 2007 under Commissions for Protection of Child Rights Act, 2005.
- Functions: Monitors child rights law implementation, investigates complaints, advises government.
Integrated Child Protection Scheme (ICPS)
Now Mission Vatsalya (2021-22): Umbrella scheme for child protection services (institutional & non-institutional care, childline).
Source: Bare Acts; Ministry of WCD; NCPCR website.
Government Schemes
- Poshan Abhiyaan (2018): National Nutrition Mission to reduce stunting, under-nutrition, anaemia.
- PM POSHAN Scheme (2021): Formerly Mid-Day Meal Scheme, provides hot cooked meals to school children.
- Early Childhood Care and Education (ECCE - NEP 2020): Universal access to quality ECCE for 3-6 years.
- Integrated Child Development Services (ICDS) (1975): Supplementary nutrition, immunization, preschool education via Anganwadi Centres.
Source: Ministry of WCD; Ministry of Education; NEP 2020.
5.1.7: LGBTQ+ Community
The LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Plus) community in India has historically faced discrimination and marginalization, but recent legal battles have brought significant recognition of their rights.
Historical Context & Stigma
- Colonial Laws: Homosexuality penalized under IPC Section 377 (until 2018).
- Prejudice & Discrimination: In family, employment, housing, public spaces.
- Lack of Acceptance: Leading to mental health issues, forced marriages, isolation.
- Medicalization: Often seen as mental illness or 'deviance'.
Source: Sunil Gupta, Gay and Lesbian India; Colonial laws.
Legal Milestones
- NALSA vs. Union of India (2014): Landmark judgment recognizing transgender persons as 'third gender'. Affirmed right to self-identify gender and directed reservations (as OBCs) and welfare.
- Navtej Singh Johar vs. Union of India (2018): Supreme Court decriminalized consensual homosexual acts among adults by reading down Section 377 IPC.
- Marriage Equality Debate (Supriyo vs. Union of India, Oct 2023): SC refused to grant legal recognition to same-sex marriage, stating it's for Parliament. Affirmed existing rights (Art 21) and urged committee for benefits.
- Transgender Persons (Protection of Rights) Act, 2019: Passed post-NALSA, aims to protect rights.
Source: Supreme Court judgments; Transgender Persons (Protection of Rights) Act, 2019.
Current Challenges
- Discrimination: In employment, housing, education.
- Violence: Physical, emotional, sexual.
- Mental Health: High rates of depression, anxiety, self-harm due to stigma.
- Access to Healthcare: Discrimination, lack of gender-affirming care.
- Legal Recognition of Relationships: Denial of inheritance, adoption, partnership benefits, etc.
- Social Inclusion: Integration into mainstream society.
Source: Human Rights Watch; Queer India Movement organizations.
Initiatives for Inclusion
Government Initiatives
- Transgender Persons (Protection of Rights) Act, 2019.
- National Portal for Transgender Persons (identity certificate application).
- SMILE Scheme (Support for Marginalized Individuals for Livelihood and Enterprise) - comprehensive welfare for transgender persons.
- National Council for Transgender Persons.
- Inclusion in Public Services (e.g., police forces in some states).
Civil Society Initiatives
- LGBTQ+ Rights Organizations: Advocacy, legal aid, mental health support.
- Pride Parades: Raise awareness, celebrate identity.
- Support Groups: For individuals and families.
- Corporate Inclusion: Increasing LGBTQ+ inclusive policies.
Source: Ministry of Social Justice & Empowerment; Civil Society organizations.
Prelims-ready Notes
Scheduled Castes (SCs)
- Constitutional: Art 17 (abolition), 15, 16, 46, 330, 332, 335.
- Legal: PCRA 1955, SC/ST (PoA) Act 1989 (amended 2015).
- Schemes: Post-matric scholarships, DevSCs, SRMS.
- Commission: NCSC (Art 338).
Scheduled Tribes (STs)
- PVTGs: Declining pop, pre-agri tech, low literacy.
- Constitutional: Fifth Schedule (10 states), Sixth Schedule (4 NE states). Art 244.
- Legal: PESA Act 1996, Forest Rights Act (FRA) 2006.
- Schemes: Tribal Sub-Plan (STC), EMRS, PM Van Dhan Yojana, Janjatiya Gaurav Diwas (Nov 15).
- Commission: NCST (Art 338A).
Other Backward Classes (OBCs)
- Context: Kaka Kalelkar, Mandal Commission (27% reservation).
- Constitutional: Art 340. NCBC (Art 338B - 102nd CA Act 2018).
- Reservation: 27% (Central). Creamy Layer (Indra Sawhney 1992). Sub-categorization (Rohini Comm.) debate.
Minorities
- Religious: Muslims, Christians, Sikhs, Buddhists, Parsis, Jains.
- Constitutional: Arts 29, 30, 350A, 350B (CLM).
- Reports: Sachar Committee, Ranganath Misra Commission.
- Schemes: Nai Roshni, Hamari Dharohar, Naya Savera, PMJVK.
- Commissions: NCM (Statutory 1993), CLM (Constitutional Art 350B).
Persons with Disabilities (Divyangjan)
- RPwD Act 2016: Defines 21 categories. 4% reservation (Govt jobs), 5% (Higher Edu).
- Intl. Coop: UNCRPD (India signatory 2007).
- Schemes: Accessible India Campaign (2015), DDRS, UDID Card, ADIP.
Children (below 18)
- Rights: Survival, Development, Protection, Participation (UNCRC 1989, India ratified 1992).
- Challenges: Child labour, trafficking, abuse, malnutrition (NFHS-5: 35.5% stunted), education gaps.
- Legal: POCSO Act 2012, JJ Act 2015, Child Labour Act 2016.
- Commissions: NCPCR (Statutory 2007).
- Schemes: Poshan Abhiyaan (2018), PM POSHAN (2021), ECCE (NEP 2020), ICDS (1975).
LGBTQ+ Community
- Legal Milestones: NALSA Judgement (2014, 'third gender'), Navtej Singh Johar (2018, decriminalized IPC 377).
- Marriage Equality: Supriyo vs. UoI (Oct 2023, SC refused recognition, left to Parliament).
- Govt Initiatives: Transgender Persons (Protection of Rights) Act 2019, SMILE scheme.
Mains-ready Analytical Notes
Major Debates/Discussions
Reservation Policy: Creamy Layer, Sub-categorization, EWS
Debate on extending creamy layer to SC/ST, sub-categorizing OBCs/SCs/STs for equitable benefits, and constitutional validity of EWS (breaching 50% ceiling).
Tribal Rights vs. Development
Conflict between large-scale development projects and displacement/land alienation of tribal communities. Challenge in implementing PESA and FRA effectively.
Uniform Civil Code (UCC) and Minority Rights
Debate on whether UCC infringes on religious freedom or is necessary for gender justice and national integration. Directly affects personal laws of religious minorities.
JJ Act 2015: Retribution vs. Rehabilitation for Juveniles (16-18)
Controversial provision allowing trial of 16-18 year olds as adults for heinous crimes. Balances societal justice demands with adolescent developmental needs; concerns on criminalization, assessment, and rehabilitation.
LGBTQ+ Rights: Beyond Decriminalization to Equality
Post-decriminalization, focus on legal recognition of relationships (marriage equality), inheritance, adoption, and social inclusion. Challenge lies in societal acceptance and legislative will.
Historical/Long-term Trends & Contemporary Relevance
Trends & Changes
- From Welfare to Rights-based: Shift from discretionary schemes to legally guaranteed rights (MGNREGA, NFSA, RPwD Act, FRA, JJ Act).
- Increasing Recognition of Diversity: Beyond caste to disabilities, LGBTQ+ rights, complexities within minority groups.
- Judicial Activism: Crucial role in expanding rights (NALSA, Navtej Singh Johar, Indra Sawhney).
- Grassroots Mobilization: Increased political consciousness and activism among vulnerable groups.
Contemporary Relevance & Impact
- Post-COVID-19 Vulnerability: Pandemic disproportionately affected vulnerable sections, highlighting social safety net gaps.
- Digital Inclusion: Bridging digital divide (UDID card, online services) for access to schemes/opportunities.
- Affirmative Action Debates: EWS, Caste Census, sub-categorization highlight ongoing political/social contestations.
- Mental Health Crisis: Higher rates in vulnerable groups due to discrimination, stigma.
- UCC & Transgender Rights: Ongoing debates on identity, personal laws, and inclusion.
Real-world/Data-backed Recent Examples (Last 1 Year)
EWS Quota Upheld (Nov 2022)
Supreme Court's affirmation of 10% EWS reservation (Janhit Abhiyan vs. Union of India) impacting overall reservation landscape.
Bihar Caste Survey (Oct 2023)
Release of caste data reignited national debates on caste census and proportionate reservation, highlighting continued salience of caste.
Same-Sex Marriage Verdict (Oct 2023)
SC refused legal recognition but affirmed existing rights and urged committee for benefits, indicating evolving judicial stance.
Manual Scavenging Persistence
Parliamentary reports continue to highlight persistence despite 2013 ban, stressing need for better implementation and rehabilitation for SCs.
Tribal Affairs Initiatives (2023-24)
Continued EMRS expansion, PM Van Dhan Yojana implementation, and Janjatiya Gaurav Diwas to improve tribal education and livelihoods.
NFHS-5 Data (2019-21)
Provides critical insights into health, education, and nutritional status of children and women, highlighting challenges and improvements.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
UPSC 2023: Q. In the context of 'Multidimensional Poverty Index', which of the following statements is/are correct?
- MPI is released by the United Nations Development Programme (UNDP) and the Oxford Poverty and Human Development Initiative (OPHI).
- It is based on three equally weighted dimensions: health, education, and living standards.
- India's MPI value has remained stagnant over the last decade.
Select the correct answer using the code given below:
Answer: (a) 1 and 2 only
Hint: Directly links to the poverty status of vulnerable sections. MPI helps in understanding their multi-dimensional deprivations.
UPSC 2022: Q. With reference to the 'Protection of Children from Sexual Offences (POCSO) Act, 2012', which of the following statements is/are correct?
- It provides for procedures for reporting, investigation, and trial of sexual offenses against children.
- It defines a 'child' as any person below the age of 16 years.
- It mandates the establishment of Special Courts for the speedy trial of offenses.
Select the correct answer using the code given below:
Answer: (b) 1 and 3 only
Hint: Directly tests a key legal safeguard for children, a vulnerable section. (Statement 2 is incorrect; child is defined as below 18 years).
UPSC 2018: Q. Which of the following is/are the key feature/features of the 'Rights of Persons with Disabilities Act, 2016'?
- It increased the categories of disabilities from 7 to 21.
- It increased the reservation in government jobs for PwDs from 3% to 4%.
- It made mandatory for government establishments to provide accessible infrastructure and services.
Select the correct answer using the code given below:
Answer: (d) 1, 2 and 3
Hint: Directly tests a major legal framework for PwDs.
Mains Questions
UPSC 2023: "The proliferation of digital technologies has opened up new avenues for political mobilization, but it has also raised concerns about its misuse for spreading misinformation and hate speech. Discuss the challenges posed by this duality for India's democracy." (15 marks)
Direction: Connects to vulnerable sections, especially minorities and LGBTQ+, who are often targets of online hate speech and misinformation, impacting their safety and freedom of expression.
UPSC 2022: "Discuss the various types of challenges faced by tribal communities in India in terms of their cultural identity, land rights, and development." (15 marks)
Direction: Directly on STs as a vulnerable section. Comprehensive analysis of displacement, land alienation, exploitation, health, education, Naxalism, and threats to cultural identity.
UPSC 2021: "Do you agree that there is a growing trend of regionalism in India? Discuss the positive and negative implications of regionalism in India." (15 marks)
Direction: Regionalism often has an underlying caste/ethnic/linguistic dimension, with vulnerable sections sometimes leading or being impacted by such movements due to historical grievances or demands for autonomy.
UPSC 2018: "Can the concept of 'creamy layer' be extended to Scheduled Castes and Scheduled Tribes? Critically examine." (15 marks)
Direction: Directly on reservation policy for SCs/STs, a major debate impacting these vulnerable sections. Requires a critical analysis of arguments for and against.
Trend Analysis
Prelims Trends
- Consistently high-priority.
- Focus on Constitutional articles, key legal acts, major government schemes.
- Emphasis on commissions (constitutional/statutory status).
- Latest data from reports (NFHS, MPI, Sachar) and recent Supreme Court judgments crucial.
Mains Trends
- Most critical topic for GS Paper 1 (Society) and GS Paper 2 (Social Justice/Governance).
- Highly analytical, problem-solution oriented questions.
- Deep understanding of challenges, effectiveness/limitations of interventions, ongoing debates.
- Strong emphasis on intersectionality (gender, caste, religion, disability).
- Expect questions demanding concrete examples, data, critical evaluation, comprehensive solutions.
Original MCQs for Prelims
1. Which of the following constitutional amendments granted constitutional status to the National Commission for Backward Classes (NCBC)?
- (a) 89th Constitutional Amendment Act
- (b) 102nd Constitutional Amendment Act
- (c) 103rd Constitutional Amendment Act
- (d) 105th Constitutional Amendment Act
Answer: (b)
Explanation: The 102nd Constitutional Amendment Act of 2018 inserted Article 338B, giving constitutional status to the NCBC. (89th CA bifurcated NCSCST, 103rd CA introduced EWS, 105th CA restored states' power to identify SEBCs).
2. Consider the following pairs of Acts and their primary objectives:
- Immoral Traffic (Prevention) Act, 1956: To prevent trafficking of women and children for commercial sexual exploitation.
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: To provide guaranteed wage employment in rural areas.
- Rights of Persons with Disabilities Act, 2016: To increase the categories of disabilities from 7 to 21.
Which of the pairs given above is/are correctly matched?
- (a) 1 only
- (b) 1 and 2 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (c)
Explanation: Pair 1 and 3 are correctly matched. Pair 2 is incorrectly matched: The Forest Rights Act (FRA) is about recognizing forest rights, not wage employment (which is MGNREGA).
Original Descriptive Questions for Mains
1. "Despite comprehensive constitutional safeguards and legal frameworks, Scheduled Castes and Scheduled Tribes continue to face severe socio-economic challenges and incidents of discrimination in India. Analyze the persistent forms of discrimination and vulnerability faced by these communities and critically evaluate the effectiveness of the existing legal and policy measures in ensuring their holistic empowerment." (15 marks)
Key points/structure:
- Introduction: Acknowledge constitutional commitment but highlight paradox of persistent challenges.
- Persistent Forms of Discrimination & Vulnerability: For SCs (untouchability, manual scavenging, caste-based violence, subtle discrimination, intergenerational poverty); For STs (displacement, land alienation, exploitation, health/education disparities, Naxalism's impact, cultural identity threats). Common: economic marginalization, political under-representation, social stigma, violence against women.
- Effectiveness of Legal & Policy Measures (Critically Evaluate):
- Constitutional Safeguards: Provide foundation, but challenges in enforcement due to social attitudes.
- Legal Measures (PCRA, PoA, PESA, FRA): Strengths (punitive, self-governance, land tenure); Challenges (underreporting, police apathy, judicial delays, inadequate implementation).
- Welfare Schemes: Strengths (education access, economic support); Challenges (leakages, targeting errors, limited reach, sustainability, funding).
- Commissions (NCSC, NCST): Strengths (monitoring, advising); Challenges (limited enforcement, unimplemented recommendations).
- Conclusion: Effectiveness hindered by societal prejudices, implementation gaps, insufficient political will. Holistic empowerment requires multi-faceted approach.
2. "Children in India face a myriad of challenges ranging from malnutrition to child sexual abuse, despite significant legal and policy frameworks in place. Analyze the key vulnerabilities of children in contemporary India and critically discuss how a comprehensive approach can ensure their rights to survival, development, protection, and participation." (10 marks)
Key points/structure:
- Introduction: Children as vulnerable group with fundamental rights, facing significant challenges.
- Key Vulnerabilities/Challenges:
- Survival: Malnutrition, mortality, healthcare access.
- Development: Education gaps, lack of ECCE, recreation.
- Protection: Child labour, trafficking, abuse, street children, child marriage.
- Participation: Limited voice.
- Intersectionality: Compounded vulnerability for marginalized children.
- Comprehensive Approach to Ensure Rights:
- Survival: Nutrition schemes (Poshan Abhiyaan, ICDS, PM POSHAN), health (immunization, maternal health).
- Development: Education (RTE, NEP ECCE), skill development.
- Protection: Legal (POCSO, JJ Act, Child Labour Act), Institutional (NCPCR, Mission Vatsalya, Childline), Awareness campaigns.
- Participation: Child parliaments, school bodies.
- Cross-cutting: Inter-sectoral convergence, adequate budgetary allocation, community mobilization.
- Conclusion: Ensuring children's rights is investment in nation's future. Comprehensive, rights-based, child-centric approach, strong implementation, societal sensitization are crucial.