Law as a Tool for Empowerment

Law as a Tool for Empowerment

Imagine a world where there are no laws or rules. That is no less than a nightmare. Every civilization is built on its set of laws and regulations. Laws are today designed to support and shield vulnerable people. But do these laws actually aid the weak or do they only help the strong become even stronger?
In our country, much has been done to empower vulnerable communities, but much more must be done if these communities are to live on par with those who have had privileges and power from centuries. A substantial portion of the population, among them women, children, disabled, and disadvantaged groups like Scheduled Castes and Scheduled Tribes, are still to enjoy equal opportunities and protection in society.
The legal system plays an important role in supporting vulnerable communities by giving them access to rights and remedies. Law reforms can lay the foundation of stronger protections and incentives to enable them to realise the full value of their human and physical capital. However, all of this is possible only with the proper implementation of laws on the ground, because the objective of any legislation can be achieved only when things show change on ground and not just on paper. We have constitutional protection as well as statutory enactments for the protection and empowerment of vulnerable communities, but not enough of their implementation on the ground.
The advocacy for anti-discrimination laws, reservation and other special laws can be found in the innate provisions of the Indian Constitution. Moreover, Indian judiciary has generally been found to be alive to the needs of vulnerable communities. The courts have brought new dimensions to the laws. As rightly quoted by Justice P N Bhagwati, “It is the judge who infuses life blood into the dry skeleton provided by the legislature and creates a living organism appropriate and adequate to meet the needs of the society.”
Our Constitution has envisaged special provisions for the empowerment of vulnerable classes. Article 15 prohibits the state from discriminating on the grounds of religion, race, caste, sex and place of birth. The Constitution does not, however, prevent positive discrimination or affirmative action that is based on discrepancies in gender, social or financial background or traditional caste-based disadvantage. It is for this reason that Article 15 also provides that the state can make special reservation for women and socially and educationally backward classes of citizens including Scheduled Castes/ Tribes in educational institutions. Art. 15(4) is the fountain head of all provisions regarding compensatory discrimination for SCs/STs. This clause started the era of reservations in India. The objective of giving Scheduled Castes (SCs) and Scheduled Tribes (STs) reservations in services is not just to provide employment to some members of these communities. It primarily attempts to empower them and ensure their involvement in the State’s decision-making process.
The 103rd Constitutional Amendment in 2019 added a new, economically disadvantaged group of people known as the EWS, or Economically Weaker Sections. With this classification, the law has effectively ended suffering for those who previously received no special care and were considered to be members of the privileged class.
Further, Article 16 empowers the state to make reservations with respect to appointment for posts in favour of any backward classes of citizens if the state is of the opinion that such classes are under-privileged.
Heading towards the goal of universalisation of education at elementary level, Article 21A was brought to make education up to 14 yrs a fundamental right. The state is now required to provide school education to children. In the case of Unni Krishnan vs State of AP, the SC held that right to education for children between 6 to 14 yrs of age was a fundamental right as it flowed from the Right to Life. After this decision, education was made a fundamental right explicitly through 86th Amendment in 2002. To protect the most significant asset of the society from exploitation in their tender ages, Article 24 ensures that children have a fundamental right against exploitation and it is prohibited to employ children below 14 yrs of age in factories and any hazardous processes. In recent times, the list of hazardous processes has been updated to include domestic, hotel, and restaurant work. In MC Mehta vs State of TN, the SC has held that children cannot be employed in matchbox factories or which are directly connected with the process as it is hazardous for the children.
There have been a number of laws passed, including the most recent, the Protection of Women from Domestic Violence Act of 2005, as well as the National Commission for Women Act of 1990, the Dowry Prevention Act and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, for protection of women.
In 1995, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act the (‘PWD Act’) was passed to provide equal opportunities in education, employment, social security and an unbiased atmosphere for the disabled. Section 47, for example, provides that a government establishment is forbidden from reducing an employee’s rank if he or she acquires a disability during the course of their appointment.
The Scheduled Castes and Tribes have become one of India’s most visible populations due to their empowerment in areas of education, business, and society. Numerous offences against the Scheduled Castes and Scheduled Tribes have been stopped with the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The special courts (established under the Act) work to protect the rights and privileges of the victims and assist them in receiving relief. In December 2006, the Forest Rights Act was passed which accords legal recognition to the rights of Scheduled Tribes and other traditional forest dwelling communities and partially corrects the injustice caused by colonial-era forest laws.
There is a need for a legal and judicial system that is accessible to them and that can make their legal entitlements feasible, enforceable, and relevant, because the various rights and protections provided to disadvantaged communities are always vulnerable to various encroachments. In order to address this scenario, constitutional provision Art 39A offers free legal aid to ensure that no one is denied justice.
Thus, we might conclude that the law is an effective tool for empowering and uplifting society’s most vulnerable groups. Legislation is undoubtedly a means toward a goal where everyone can live in dignity and have access to all the opportunities available in our society, even though it may not be the end in itself.

The writers are Law graduates. [email protected] & [email protected]

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