NCERT NOTES

FOR POLITY
8th Standard
CONTENTS
The Indian Constitution ................................................................................................................. 1 - 3

Understanding Secularism ........................................................................................................... 4 - 5

Why do we need a Parliament? ................................................................................................. 6 - 8

Understanding Laws ................................................................................................................... 9 - 10

Judiciary ........................................................................................................................................ 11 - 14

Understanding Our Criminal Justice System .................................................................... 15 - 16

Understanding Marginalisation ............................................................................................. 17 - 20

Confronting Marginalisation ................................................................................................... 21 - 24

Public Facilities ........................................................................................................................... 25 - 28

Law and Social Justice ............................................................................................................. 29 - 32

 THE INDIAN CONSTITUTION
1
Every society has some constitutive rules that make it what it is and differentiate it from other kinds of
societies. In large societies having different communities, these rules are formulated through consensus and
in modern countries this consensus is usually available in written form. A written document which
incorporates such rules is called a Constitution.

Need of a Constitution:
The Constitution plays a very important role in democratic societies such as:
● To define Fundamental nature of Society: It lays down ideals that define the kind of country that
people want to live in.
● To define the nature of a country's political system: Political system of a country may be Monarchy or
Democracy. In Monarchy, supreme authority is vested in the monarch (an individual ruler) while in a
Democracy, people choose their leaders and these leaders exercise power responsibly on people's
behalf.
● To safeguard from misuse of authority: The Constitution lays down rules that guard against this
misuse of authority by political leaders. The Indian Constitution guarantees the Right to Equality to all
persons.
● To prevent tyranny of majority: A majority can enforce decisions that exclude minorities and go
against their interests. The Constitution contains rules that ensure that minorities are not excluded
from anything that is routinely available to the majority.
● To save us from ourselves: The Constitution helps to protect us against certain decisions that could
have an adverse effect on the larger principles that the country believes in. A good Constitution also
does not allow any whims to change its basic structure. It does not allow for the easy overthrow of
provisions that guarantee rights of citizens and protect their freedom.

Key Features of the Indian Constitution

● Federalism:
⮚ It refers to the existence of more than one level of government in the country.
⮚ In India, there are governments at the Centre and State level. 'Local Bodies' forms the third tier
of government.
⮚ The states are not merely agents of the federal government but draw their authority from the
Constitution.
THE INDIAN CONSTITUTION

⮚ Each State in India enjoys autonomy in exercising powers on certain issues, but the subjects of
national concern require all these states to follow the laws of the central government.
⮚ The Constitution contains lists that specify issues on which each tier of government can make
laws.
⮚ The Constitution also specifies from where each tier of government can get the money.

● Parliamentary form of Government:

⮚ This form of Government consists of representatives who are elected by the people and are
accountable to them.

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 ⮚ The Constitution of India guarantees Universal Adult Suffrage for all citizens. This means that
every citizen of the country, irrespective of his/her social background, can participate in elections.

● Separation of Powers:
⮚ According to the Constitution, there are three organs of government:
o Legislature: Elected representatives responsible for formulating laws.
o Executive: Responsible for implementing laws and running the government.
o Judiciary: It refers to the system of courts in the country.
⮚ To prevent the misuse of power by any one branch of government, the Constitution says that
each of these organs should exercise different powers.
⮚ Moreover, each organ acts as a check on the other organs of government and this ensures the
balance of power between all three.

● Secularism:
A secular state is one in which the state does not officially promote any one religion as the state religion.
● Fundamental Rights:
⮚ The section on Fundamental Rights has often been referred to as the 'conscience' of the Indian
Constitution.
⮚ It guarantees the rights of individuals against the State as well as against other individuals.
⮚ It guarantees the rights of minorities against the majority.

Fundamental Rights in the Indian Constitution

Right to Equality:
All persons are equal before the law. This means that all persons shall be equally protected by the
laws of the country.
It also states that no citizen can be discriminated against on the basis of their religion, caste or sex.
Every person has access to all public places including playgrounds, hotels, shops etc.
The State cannot discriminate against anyone in matters of employment.
The practice of untouchability has also been abolished.
Right to Freedom: This includes the right to freedom of speech and expression, the right to form
associations, the right to move freely and reside in any part of the country, and the right to
practice any profession, occupation, or business.
THE INDIAN CONSTITUTION
Right against Exploitation: The Constitution prohibits human trafficking, forced labour, and
employment of children under 14 years of age.
Right to Freedom of Religion: Religious freedom is provided to allcitizens. Every person has the
right to practice, profess and propagate the religion of their choice.
Cultural and Educational Rights: The Constitution states that all minorities, religious or linguistic,
can set up their own educational institutions in order to preserve and develop their own culture.
Right to Constitutional Remedies: This allows citizens to move the court if they believe that any of
their Fundamental Rights have been violated by the State.

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 As per Dr Ambedkar, these Fundamental Rights has a two-fold objective:
● Every citizen must be in a position to claim those rights.
● These rights must be binding upon every authority that has got the power to make laws.

Interesting points

· Baba Saheb Dr Ambedkar is known as the Father of the Indian Constitution.

● Granville Austin wrote the book: “The Indian Constitution: Cornerstone of a Nation”.
● The Constitution has a section called Directive Principles of State Policy to ensure greater social
and economic reforms.
● The Constitution also mentions Fundamental Duties. It is important for citizens in a democracy to
observe these.
● All democratic countries are likely to have a Constitution, but it is not necessary that all countries
that have a Constitution are democratic.
● Constituent Assembly:
⮚ In 1934, the Indian National Congress made the demand for a Constituent Assembly.
⮚ During the Second World War, this assertion for an independent Constituent Assembly
formed only of Indians gained momentum and it was convened in December 1946.
⮚ Between December 1946 and November 1949, the Constituent Assembly drafted the
Constitution for independent India.
⮚ Constitution was signed at its final session on 24 January 1950.
● Difference between a State and the Government:

State Government

It refers to a political institution that represents a It is responsible for administering and

sovereign people who occupy a definite territory. enforcing laws.

It refers to more than just the government and The government (or the executive) is one part of
THE INDIAN CONSTITUTION

cannot be used interchangeably with the State. It can change with elections.
government.

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 UNDERSTANDING SECULARISM
2
'No one should be discriminated against on grounds of their religious practices and beliefs' - it is the
essence of secularism. In practice, Secularism is the principle of separating the power of religion and the
power of the State.

Evolution of Secularism:
History provides several examples of discrimination, exclusion, and persecution on the grounds of religion
such as:
● Jews were persecuted in Hitler's Germany.
● Non-Muslims are not allowed to build a temple, church etc. in Saudi Arabia.
This shows that members of one religious community either persecute or discriminate against members
of other religious communities. These acts of discrimination can take place more easily when one religion
is given official recognition by the State at the expense of other religions. Thus, it is necessary to adopt
Secularism particularly in diversified societies.

Importance of Secularism:
● It keeps a check on the tyranny of the majority.
⮚ The tyranny of the majority could result in the discrimination, coercion and at times even the
killing of religious minorities.
⮚ Any form of domination based on religion is in violation of the Fundamental rights that a
democratic society guarantees to every citizen.
● It protects the freedom of individuals.
⮚ Secularism empowers person to exit from their religion, embrace another religion, or have the
freedom to interpret religious teachings differently.

Indian Secularism:
The Indian Constitution mandates the Indian State to be secular one. It is to realize the following
objectives:
● One religious community does not dominate another.
● Some members do not dominate other members of the same religious community.

UNDERSTANDING SECULARISM
● State to neither enforce any particular religion nor take away the religious freedom of individuals.
To prevent this domination, the Indian State follows various strategies such as:
● Strategy of distancing itself from Religion:
⮚ The Indian State is neither ruled by a religious group nor does it support any one religion.
⮚ In India, government spaces like law courts, police stations, government schools and offices are
not supposed to display or promote any one religion.
● Strategy of Non-interference:
⮚ It aims to respect the sentiments of all religions and not to interfere with religious practices.
⮚ State can make certain exceptions for particular religious communities. For example, the Sikhs
need not have to wear a helmet as Indian State recognizes that wearing a Pugri (Turban) is

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 central to their religious practice.
● Strategy of Intervention:
State can intervene in religion to end a social practice that it believes discriminates and excludes, and
that violates the Fundamental Rights such as:
⮚ Untouchability and caste system.
⮚ Unequal inheritance rights in some religion-based 'personal laws'.
● Strategy of Support:
⮚ The Constitution grants the right to religious communities to set up their own schools and
colleges.
⮚ It also gives them financial aid on a non-preferential basis.

Difference between Indian Secularism from that of United States of America (USA):
Some of the Secularism objectives are similar in both countries. For example, the First Amendment of the
U.S. Constitution also prohibits the legislature to declare any religion as the official religion. Nor can they give
preference to one religion.
The major difference in the understanding of secularism can be represented

S. No. Particular India USA

1. State intervention in religious affairs Yes No

2. Principled distance vis-à-vis religion Yes No, Strict separation exists.

'Principled distance vis-à-vis religion' means that any interference in religion by the State must be based
on the ideals laid out in the Constitution.

Interesting points
UNDERSTANDING SECULARISM

· In February 2004, France passed a law banning students from wearing any conspicuous religious
or political signs or symbols such as the Islamic headscarf, the Jewish skullcap, etc.
● In the USA, Government school students are not required to recite the morning Pledge if it
conflicts with their religious beliefs.
● In India, Government schools cannot promote any one religion either in their morning prayers or
through religious celebrations. This rule does not apply to private schools.

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 WHY DO WE NEED A PARLIAMENT?
3
The Parliament is most important symbol of Indian democracy and a key feature of the Constitution. It
enable citizens of India to participate in decision making and control the government.

Need of people in decision making:

● The take-off point for a democracy is the idea of consent, i.e., the desire, approval, and participation of
people.
● It is the decision of people that creates a democratic government and decides about its functioning.
● The basic idea of democracy is that the individual or the citizen is the most important person and the
government as well as other public institutions need to have the trust of these citizens.

Evolution of the idea of people participation in India:

Under Colonial rule, people had lived in fear of the British government and did not agree with many of the
decisions that they took. This led the people of India to join the freedom struggle.
● The nationalists began to openly criticize the British government and make demands.
● In 1885, the Indian National Congress put demands for elected members in the legislature with a right
to discuss the budget and ask questions.
● The Government of India Act 1909 allowed for some elected representation, but it did not allow for all
adults to vote nor could people participate in decision making.
The dreams and aspirations of the freedom struggle inculcated the ideas of:
● Freedom, Equality, and participation in Decision-making.
● A Government sensitive to people's needs and demands.
Finally, the Constitution of Free India laid down the principle of universal adult franchise, i.e., that all adult
citizens of the country have the right to vote.

People and their Representatives:

● Individuals give approval to the government by way of elections.
⮚ People elect their representatives to the Parliament which is made up of all representatives

WHY DO WE NEED A PARLIAMENT?

together.
⮚ One group from among these elected representatives forms the government.
⮚ The Parliament controls and guides the government.
● In this way, people through their chosen representatives form the government and control it.

Our Parliament:
● The Parliament of India (Sansad) is the supreme law-making institution.
● The Parliament of India consists of the President, and the two Houses: the Rajya Sabha and the Lok
Sabha.

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 ● Once elected, these candidates become Members of Parliament (MPs).

S. No. Particular Rajya Sabha Lok Sabha

1. Also known as Council of States House of the People

2. Chaired / Presided by Vice-President of India Speaker

3. Total Strength 245 545

:233 elected members :543 elected members
:12 nominated by the President :2 nominated by the President *

4. Representation Represents the States of India Represent the Constituency

5. Election Elected by the elected members Directly elected by the people of the
of the Legislative Assemblies of constituency. Election usually
various states. occurs once in every 5 years.

*This provision has been removed by 104th Constitutional Amendment w.e.f. 25th Jan 2020.

Functions of the Parliament

● To select the National Government:
⮚ After the Lok Sabha elections, a party-wise list showing number of MPs is prepared.
⮚ For a political party to form the government, they must have a majority of elected MPs.
⮚ Since there are 543 elected members in Lok Sabha, to have a majority a party should have at least
half the number, i.e., 272 members or more.
⮚ If it is difficult for a single political party to get then different political parties join to form government
and is called coalition government.
⮚ The Opposition in Parliament is formed by all the political parties that oppose the majority
party/coalition formed. The largest amongst these parties is called the Opposition Party.
WHY DO WE NEED A PARLIAMENT?

⮚ One of the most important functions of the Lok Sabha is to select the Executive which is a group of
persons who work together to implement the laws made by the Parliament. This Executive is often
termed as Government.
⮚ The Prime Minister of India is the leader of the Ruling party in the Lok Sabha.
⮚ From the MPs who belong to his/her party, the Prime Minister selects Ministers to work with
him/her to implement decisions. These ministers then take charge of different areas of government
functioning like health, education, finance etc.
● To control, guide and inform the Government:
⮚ MPs can elicit information about the working of the government.

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 ⮚ By asking questions, the government is alerted to its shortcomings, and comes to know the opinion
of the people through their representatives. Question Hour is one such mechanism and the
Parliament, while in session, begins with it.
⮚ Opposition parties highlight drawbacks in various policies and programmes of the government
and mobilize popular support for their own policies.
⮚ The Parliament's approval is crucial for the government in all matters dealing with finances.
⮚ A bill is required to pass through the Rajya Sabha in order to become a law. It, therefore, has an
important role of reviewing and altering the laws initiated by the Lok Sabha. The Rajya Sabha can
also initiate legislation.
● Law-making: It is a significant function of the Parliament.

Parliament composition as a reflection of Society:

Parliament now has more and more people from different backgrounds as:
● There are more members coming from the rural background and from the regional parties.
● There has been an increase in political participation from the Dalits and Backward classes. Some
seats are reserved in Parliament for SCs and STs.
● Similarly, it is suggested to have a reservation of seats for women. Sixty years ago, only four per cent of
MPs were women and today it is just above 14 per cent (2019 Lok Sabha).

Interesting points

· EVMs (Electronic Voting Machine) were used throughout the country for the first time in the 2004
general elections.
● The use of EVMs in 2004 saved around 1,50,000 trees which would have been cut to produce about
8,000 tons of paper for printing the ballot papers.
● South Block and North Block of the Central Secretariat were built during the 1930s:

WHY DO WE NEED A PARLIAMENT?

⮚ South Block houses the Prime Minister's Office (PMO), Ministry of Defence, and Ministry of
External Affairs.
⮚ North Block has the Ministry of Finance and Ministry of Home Affairs.

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 UNDERSTANDING LAWS
4
Law is a system of rules created and enforced by a country or community to regulate the behavior and
actions of its members. For example, specifying the age of marriage, buying and selling of property, etc. Our
Parliament is the body responsible for making laws.

Applicability of laws:
To check any arbitrary exercise of power, our Constitution provides for the establishment of the 'Rule of
law' which means:
● All laws apply equally to all citizens of the country and no one can be above the law including any
government official, wealthy person or even the President of India.
● The law cannot discriminate between persons on the basis of their religion, caste or gender.
● Any crime or violation of law has a specific punishment as well as a process through which the guilt of
the person has to be established.

Status of Laws before the Independence of India

● In Ancient India:
⮚ There were innumerable and often overlapping local laws.
⮚ Different communities enjoyed different degrees of autonomy in administering these laws.
⮚ In some cases, the punishment that two persons received for the same crime varied depending on
their caste backgrounds.
● During Colonial Period:
⮚ The system of law began to evolve during the colonial period, and it is often believed that British
colonialists introduced the 'Rule of law' in India.
⮚ However, this claim has been refuted by many Historians because:
o Colonial laws were arbitrary such as Sedition Act of 1870, Rowlatt Act of 1919. These laws
allowed the British government to imprison people without due trial.
o Indian nationalists played a prominent role in the development of the legal sphere in British India.

Role of Indians in the evolution of 'Rule of law' during colonial period:

● Indian Nationalists: They began protesting and criticizing the arbitrary use of authority by the British.
They also began fighting for greater equality and wanted to change the idea of law from a set of rules
that they were forced to obey, to law as including ideas of justice.
● Legal professionals: By the end of the nineteenth century, they began emerging and demanded
respect in colonial courts. They began to use law to defend the legal rights of Indians. Indian judges
also began to play a greater role in making decisions.
UNDERSTANDING LAWS

After independence, the Constitution served as the foundation on which our parliamentary representatives
began making laws for the country. Every year these representatives pass several new laws as well as
amend the existing ones.

Formation of Laws:
● Role of Parliament: The Parliament has prime role in making laws. There are many ways through
which this takes place, and it is often different groups in society that raise the need for a particular law.

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 An important role of Parliament is to be sensitive to the problems faced by people.
● Role of citizens: At every stage of the law-making process, the voice of the citizen is a crucial element.
This voice can be heard through TV reports, newspaper editorials, radio broadcasts, etc.
The role of the citizens does not end with electing our representatives. It is the extent, involvement and
enthusiasm of the people that helps Parliament perform its representative functions properly.

Unpopular and Controversial Laws:

Reasons: A law can be constitutionally valid and hence legal. But it can become unpopular and
controversial if:
● The people feel that the intention behind it is unfair and harmful and deny accepting it.
● A law favours one group and disregards the other leading to controversy and conflict.
Remedy:
● People might criticize this law, hold public meetings, write about it in newspapers, report to TV news
channels etc.
● When a large number of people begin to feel that a wrong law has been passed, then there is a
pressure on the Parliament to change this.
● People who think that the law is not fair can approach the court to decide on the issue. The court has
the power to modify or cancel laws if it finds that they don't adhere to the Constitution.

Interesting points

· Rowlatt Act of 1919:

⮚ It allowed the British government to imprison people without due trial.
⮚ Despite the large number of protests, the Rowlatt Act came into effect on 10 March 1919.
⮚ On April 10 in Punjab, two leaders of the movement Dr Satyapal and Dr Saifuddin Kitchlew
were arrested.
⮚ To protest these arrests, a public meeting was held on 13 April at Jallianwala Bagh in
Amritsar. General Dyer entered the park with his troops and ordered to fire. Several hundreds of
people died in this gunfire and many more were wounded including women and children. The
incident is known as the Jallianwala Bagh massacre.
● Domestic violence: It generally refers to the injury or harm or threat of injury or harm caused by an
adult male, usually the husband, against his wife. Injury may be caused by physically beating up
the woman or by emotionally abusing her.
UNDERSTANDING LAWS

● The Protection of Women from Domestic Violence Act 2005 extends the understanding of the
term 'domestic' to include all women who 'live or have lived together in a shared household' with
the male member who is perpetrating the violence.
● Sedition: This applies to anything that the government might consider as stirring up resistance or
rebellion against it.
● Sustainable Development Goal (SDG) 5: Gender Equality.

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 JUDICIARY
5
The Judiciary is a system of courts which interpret and apply the law. Any citizen can approach to judiciary
when a law is violated. As a third organ of the government, the judiciary plays a crucial role in the
functioning of India's democracy.

Role of the Judiciary:

● Dispute Resolution: The judicial system provides a mechanism for resolving disputes between
citizens, between citizens and the government, between two state governments and between the
centre and state governments.
● Judicial Review: As the final interpreter of the Constitution, the judiciary also has the power to strike
down particular laws passed by the Parliament if it believes that these are a violation of the basic
structure of the Constitution.
● Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can approach the
Supreme Court or the High Court if they believe that their Fundamental Rights have been violated. For
example, In Paschim Banga Khet Mazdoor Samity vs State of West Bengal case of 1996, Supreme
Court ruled that Article 21 also includes the Right to Health and directed the West Bengal
government to pay compensation as well as to come up with a blueprint for primary health care with
reference to treatment of patients during an emergency.

Independence of Judiciary:
● Independence of the judiciary allows the courts to play a central role in ensuring that there is no
misuse of power by the other branches of government, i.e., legislature and the executive.
● It also plays a crucial role in protecting the Fundamental Rights of citizens as anyone can approach
the courts if they believe that their rights have been violated.
Our Constitution envisions the independence of the judiciary and ensures it by:
● Separation of Powers: The legislature and the executive cannot interfere in the work of the judiciary.
The courts are not under the government and they do not act on their behalf.
● Appointment of Judges: All the Judges in the High Court as well as the Supreme Court are appointed
with very little interference from other branches of government. Once appointed to this office, it is
also very difficult to remove them.

Structure of Courts in India:

● There are three different levels of courts in our country:
⮚ Supreme Court: It is the apex level court for the whole country. It is located in New Delhi and is
presided over by the Chief Justice of India.
⮚ High Court: Each state has a High court which acts as the highest court of that state.
⮚ Subordinate or District Courts: These are usually at the district or Tehsil level or in towns and they
hear many kinds of cases. Each state is divided into districts that are presided over by a District
Judge.
● Integrated judicial system: Following features makes our Judicial system as an integrated one:

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 ⮚ Pyramid Structure: The structure of the courts from the lower to the highest level resembles a
pyramid. Decisions made by higher courts are binding on the lower courts.

Fig 5.1: Pyramid structure of our Integrated Judicial System

⮚ Appellate System: A person can appeal to a higher court if one believes that the judgment passed
by the lower court is not just.

Different Branches of the Legal System:

The legal system in India is divided into two branches: Criminal law and Civil Law.

Table 5.1: Differences between Criminal law and Civil Law

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 Accessibility of Courts to the people and its issues:
In principle, all citizens of India can access the courts in this country. However, there are some issues that
hampers the access of justice to the common person that are as follows:
● Complexity of Legal Procedures:
⮚ Legal procedures involve a lot of money, paperwork, and a lot of time. This makes the idea of going
to court to get justice often remote.
⮚ To increase access to justice, Supreme Court in the early 1980s devised a mechanism of Public
Interest Litigation (PIL).

Public Interest Litigation (PIL):

It allows any individual or organisation to file a PIL in the High Court or the Supreme Court on
behalf of those whose rights were being violated.
Even a letter or telegram addressed to the Supreme Court or the High Court could be treated
as a PIL.
It simplified the legal process and imparted justice even in untouched areas such as:
Rescuing bonded labours from inhuman work conditions.
Securing release of prisoners who have completed their imprisonment period.
Mid-Day Meal Scheme is an outcome of an PIL.

● Different interpretation of the Fundamental Rights:

⮚ Access to courts is access to justice. However, there are some court judgments that people believe
work against the best interests of the common person.
⮚ For example, the judgment of the Olga Tellis vs Bombay Municipal Corporation established the
Right to Livelihood as part of the Right to Life conferred by Article 21. While later judgments tend
to view the slum dweller as an encroacher in the city.
● Justice delayed is Justice denied: The courts inordinately take long number of years to hear a case.
Huge vacancy (as shown below) in judiciary particularly in the subordinate courts contributes to it.
Table 5.2: Number of Judges in India
HUMAN DEVELOPMENT

*Data in A and B (as on 1 November 2019)

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Despite these issues, there is no denying that the judiciary has played a crucial role in democratic India,
serving as a check on the powers of the executive and the legislature as well as in protecting the
Fundamental Rights of the citizen.

Interesting points

· The Supreme Court:

⮚ It was established on 26 January 1950.
⮚ Like its predecessor, the Federal Court of India (1937-1949), it was in the Chamber of Princes
in the Parliament House and moved to its present building in 1958.
● The High Courts:
⮚ They were first established in the three Presidency cities of Calcutta, Bombay and Madras in
1862.
⮚ The High Court of Delhi came up in 1966.
⮚ Currently, there are 25 High Courts in India.
⮚ Some states share a common High Court. For example,
o Punjab and Haryana at Chandigarh.
o Four North Eastern states - Assam, Nagaland, Mizoram, and Arunachal Pradesh - at
Guwahati.
⮚ Some High Courts have benches in other parts of the state for greater accessibility like
Lucknow bench of Allahabad High Court.
⮚ Andra Pradesh (Amaravati) and Telangana (Hyderabad) have separate High Courts from 1
January 2019.
● The subordinate court is more commonly known by many different names such as the Trial Court
or the Court of the District Judge, the Additional Sessions Judge, Chief Judicial Magistrate,
Metropolitan Magistrate, Civil Judge.
● Sustainable Development Goal (SDG) 16: 'Peace, Justice and Strong institutions’

HUMAN DEVELOPMENT

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 UNDERSTANDING OUR
6 CRIMINAL JUSTICE SYSTEM
The Criminal Justice System encompasses all legal processes and agencies that deal with criminal
proceedings and punishment with an aim to maintain the rule of law. Its key features are:
● All the legal processes must be adhered to uphold the 'Rule of Law' and ensure a fair trial.
● The three key players in the criminal justice system are the Police, the Public Prosecutor, and the Judge.

Role of Police:
● To investigate any complaint about the commission of a crime. An investigation includes recording
statements of witnesses and collecting different kinds of evidence.

First Information Report (FIR): It is with the registration of an FIR that the police can begin their
investigations into a crime.
The law statesthat it is compulsory for an officer in charge of a policestation to register an FIR
whenever a person givesinformation about a cognizable offence.
This information can be given to the police either orally or in writing.
The FIR usually mentions the date, time, and place of the offence, details the basic facts of the
offence, including a description of the events.

● Filing of a charge sheet in the court highlighting the evidence of the crime.

Supreme Court Guidelines for the Police:

Police investigations always must be conducted in accordance with law and with full respect for human
rights. The Supreme Court has laid down guidelines that the police must follow at the time of arrest,
detention, and interrogation such as:
● The police are not allowed to torture or beat or shoot anyone during investigation.
● They cannot inflict any form of punishment on a person even for petty offences.

Furthermore, the Supreme Court of India has laid down specific requirements and procedures that the police
and other agencies must follow for the arrest, detention, and interrogation of any person. These are known
as the D.K. Basu Guidelines and some of these include:
● The police officials who carry out the arrest or interrogation should wear clear, accurate and visible
identification and name tags with their designations.
● A memo of arrest should be prepared at the time of arrest and should include the time and date of
arrest. It should also be attested by at least one witness who could include a family member of the
person arrested. The arrest memo should be counter-signed by the person arrested.
HUMAN DEVELOPMENT

● The person arrested, detained, or being interrogated has a right to inform a relative, friend or well-
wisher.
CRAFTS

● When a friend or relative lives outside the district, the time, place of arrest and venue of custody must
be notified by police within 8 to 12 hours after arrest.
THEATRE

Role of the Public Prosecutor:

Criminal offence is regarded as a public wrong. It is considered to have been committed not only against

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 the affected victims but against the society also. In courts, it is the Public Prosecutor who represents the
interests of the State.
● The role of the Prosecutor begins once the police has conducted the investigation and filed the charge
sheet in the court. He/she has no role to play in the investigation.
● The Prosecutor must conduct the prosecution on behalf of the State.
● As an officer of the court, it is his/ her duty to act impartially and present the full and material facts,
witnesses, and evidence before the court to enable the court to decide the case.

Role of the Judge:

● The judge is like an umpire in a game and conducts the trial impartially and in an open court.
● The judge hears all the witnesses and any other evidence presented by the prosecution and the
defence.
● The judge decides whether the accused person is guilty, or innocent based on the evidence
presented and in accordance with the law.
● If the accused is convicted, then the judge pronounces the sentence. He/she may send the person to jail
or impose a fine or both, depending on what the law prescribes.

Fair Trial:
● Article 21 of the Constitution that guarantees the Right to Life states that a person's life or liberty can
be taken away only by following a reasonable and just legal procedure. A fair trial ensures that
Article 21 of the Constitution is upheld.
● Furthermore, Article 22 of the Constitution and criminal law guarantee to every arrested person the
following Fundamental Rights:
⮚ The Right to be informed at the time of arrest of the offence for which the person is being arrested.
⮚ The Right to be presented before a magistrate within 24 hours of arrest.
⮚ The Right not to be ill-treated or tortured during arrest or in custody.
⮚ Confessions made in police custody cannot be used as evidence against the accused.
⮚ A boy under 15 years of age and women cannot be called to the police station only for questioning.
⮚ Every person has a Fundamental Right to be defended by a lawyer.
The rule of law which says that everyone is equal before the law would not make much sense if every citizen
were not guaranteed a fair trial by the Constitution.

Interesting points
HUMAN DEVELOPMENT

· Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen who
is unable to engage one due to poverty or other disability.
● Cognizable refers to an offence for which the police may arrest a person without the permission of
the court.

16
 UNDERSTANDING MARGINALISATION
7
To be marginalised is to be forced to occupy the sides or fringes and thus not be at the centre of things.
People or communities face marginalisation because of different language, customs, religious group etc.
Tribals (Adivasis) and religious minorities such as Muslims are two major communities which are socially
marginalised in India.

Adivasis:
● The term 'Adivasis' literally means 'original inhabitants'. These are the communities who lived, and
often continue to live, in close association with forests.
● Tribals are also referred to as Adivasis.
● They constitute around 8 per cent of India's population.
● They are not a homogeneous population as there are over 500 different Adivasi groups in India.
Alone, Odisha is home to more than 60 different tribal groups.
● Adivasi societies lacks social hierarchy such as jati-varna (caste).
● Areas of inhabitation:
⮚ Majority live in states like Chhattisgarh, Jharkhand, Madhya Pradesh, Odisha etc. and in the north-
east India.
⮚ Many of India's most important mining and industrial centres are in Adivasi areas such as
Jamshedpur, Rourkela, Bokaro etc.
● Religion:
⮚ They practice a range of tribal religions that are different from Islam, Hinduism, and Christianity.
⮚ These often involve the worship of ancestors, village and nature spirits like 'mountain-spirits', 'river-
spirits' etc.
⮚ They have been influenced by different surrounding religions like Shakta, Buddhist, Vaishnav,
Bhakti and Christianity.
⮚ Adivasi religions themselves have influenced dominant religions of the empires around them, for
example, the Jagannath cult of Odisha and Shakti and Tantric traditions in Bengal and Assam.
⮚ During the nineteenth century, substantial numbers of Adivasis converted to Christianity, which
has emerged as a very important religion in modern Adivasi history.
● Language:
⮚ They have their own languages, most of them radically different from and possibly as old as
Sanskrit.
⮚ Their language has often deeply influenced the formation of 'mainstream' Indian languages, like
HUMAN DEVELOPMENT

Bengali.
Adivasis and Stereotyping:
● Adivasi communities are portrayed in very stereotypical ways - in colorful costumes, headgear and
through their dancing.
● People often wrongly believe that they are exotic, primitive, and backward.
● They are blamed for their lack of advancement as they are believed to be resistant to change or new
ideas.

17
Adivasis and Development
Conditions of Adivasis:
● Till the middle of the nineteenth century, Adivasis had control over most of tracts of the forests.
● They were traditionally ranged hunter gatherers and nomads and lived by shifting agriculture.
● For the past 200 years, Adivasis have been increasingly forced to migrate and to live as workers in
plantations, at construction sites, in industries and as domestic workers because of:
⮚ economic changes
⮚ forest policies
⮚ political force applied by the State and private industry.

Problems to Adivasis due to mainstream development:

● Loss of tribal lands:
⮚ Forest lands have been cleared for timber and to get land for agriculture and industry.
⮚ Adivasis areas rich in minerals and other natural resources are taken over for mining and other large
industrial projects.
⮚ Most of the time, the land is taken away forcefully, and procedures are not followed.
⮚ According to official figures, more than 50 per cent of persons displaced due to mines and mining
projects are Tribals.
● Labelled as encroachers: Tribals inhabited forests were declared as national parks and wildlife
sanctuaries and they were evicted and termed as encroachers.
● Loss of livelihood:
⮚ Many Adivasis migrated to cities in search of work and got employed for very low wage works.
⮚ Slowly, they get caught in a cycle of poverty and deprivation.
⮚ 45 per cent of tribal groups in rural areas and 35 per cent in urban areas live below the poverty line.
⮚ This overall has led to deprivation in other areas such as child nourishment, literacy rates, etc.
⮚ A survey report shows that 79 per cent of the persons displaced from the states of Andhra
Pradesh, Chhattisgarh, Odisha, and Jharkhand are tribals.
● Loss of traditions and customs: They lost their unique way of living and being.

Minorities and Marginalisation:

● The term minority is commonly used to refer to communities that are numerically small in relation to
the rest of the population.
● This concept goes well beyond numbers and encompasses issues of power, access to resources and
has social and cultural dimensions.
● Size can be a disadvantage and lead to the marginalisation of the relatively smaller communities.
● Sometimes, minorities feel insecure about their lives, assets, and well-being.
● The Constitution provides safeguards to religious and linguistic minorities as part of our
Fundamental Rights against the possibility of being culturally dominated by the majority.
● Judiciary plays a crucial role in upholding the law and enforcing Fundamental Rights.

18
Muslims and Marginalisation:
Muslims are considered as a marginalised community in India because in comparison to other
communities, they have over the years been deprived of the benefits of socio-economic development.
Following three tables below indicate the situation of the Muslim community with regard to basic
amenities, literacy and public employment:

Table 7.1: Access to Basic Amenities

Source: India Human Development Report 2011: Towards Social Inclusion

Table 7.2: Literacy rate by Religion

Source: Census of India 2011

Table 7.3: Public employment of Muslims

Source: Social, Economic and Educational Status of the Muslim Community of India, Prime Minister's
High Level Committee Report 2006

19
In addition to this, Muslim also face unfair treatment and discrimination because of the differences in their
customs and practices from the mainstream.

Rajindar Sachar Committee for Muslims:

The government recognized that Muslims in India were lagging in terms of various development
indicators and set up a high-level committee in 2005 which was chaired by Justice Rajindar
Sachar to examine the social, economic, and educational status of the Muslim community in India.
Its major findings are:
The average years of schooling for Muslim children between the ages of 7-16 is much lower than
that of other socio-religious communities.
25 per cent of Muslim children in the 6-14 years age group have either never been enrolled in
school or have dropped out.
It debunked the myths about Muslims that they prefer to send their children to Madarsas. In
actual, 4 per cent of Muslim children are in Madarsas whereas 66 per cent attend government
schools and 30 per cent private schools.
On a range of social, economic, and educational indicators, the situation of the Muslim community
is comparable to that of other marginalised communities like Scheduled Castes and Scheduled
Tribes.

Interesting points

· Ragas are traditionally envisioned in divine or human form in romantic or devotional contexts by
musicians and poets.
· Each raga is associated with a specific mood, time of the day and season.
· The six main ragas are Bhairava, Malkos, Hindol, Dipak, Megha and Shri.
● Scheduled Tribes is the term used for Adivasis by the Indian government in various official
documents. There is an official list of tribes.
● There are 70 lakh Adivasis in Assam alone.
● Santhali has the largest number of speakers and has a significant body of publications including
magazines on the internet or in e-zines.
● Niyamgiri Hill located in Kalahandi district of Odisha is inhabited by Dongarria Konds tribe.
They consider the hill as sacred.
● According to 2011 census, Muslims are 14.2 per cent of India's population.

20
 CONFRONTING MARGINALISATION
8
Marginalized groups have fought, protested, and struggled against being excluded or dominated by others.
Many among them invoke the Constitution to address their concerns. In this way, their Fundamental rights
are translated into laws. The government also put various efforts to formulate policies for their development.

Fundamental Rights for Marginalised Groups:

● Article 15: It states that no citizen of India shall be discriminated against on the basis of religion, race,
caste, sex or place of birth.
● Article 17: It prohibits the practice of untouchability. This means that no one can prevent Dalits from
educating themselves, entering temples, using public facilities etc. In fact, untouchability is a
punishable crime now.
● Articles 25-28: These provide Freedom of Religion to all the citizens that includes the right to practise,
profess and propagate the religion of their choice.
● Articles 29-30: These provide Cultural and Educational Rights. For example, religious groups like the
Muslims and Parsis have the right to be the guardians of the content of their culture, as well as the right
to make decisions on how best this content is to be preserved.
By granting these rights, the Constitution tries to ensure that the culture of these groups is neither
dominated nor wiped out by the culture of the majority community.

Invoking Fundamental Rights:

Marginalised people have drawn on these rights in two ways:
● They have forced the government to recognise the injustice done to them.
● They have insisted the government to enforce these laws.

Laws for the Marginalised:

The government make laws to protect its citizens. There are specific laws, policies, and schemes for the
marginalised in our country. The government makes effort to promote such policies in order to give
opportunities to these groups and impart social justice. This could be achieved in the following manner:
● Promoting welfare: To implement the Constitution, both state and central governments create
specific schemes for implementation in tribal areas or in areas that have a high Dalit population. For
example, the government provides free or subsidized hostels for students of Dalit and Adivasi
communities so that they can avail of education facilities.
● End inequity in the system: Reservation policy in education and government employment is one tool
to eradicate inequality.
⮚ It is based on an important argument that for centuries sections of the population have been denied
opportunities to learn and to work in order to develop new skills or vocations and a democratic
government needs to step in and assist these sections.

21
 ⮚ Governments across India have their own list of Scheduled Castes (or Dalits), Scheduled Tribes and
backward and most backward castes. The central government too has its list.

Specific Laws for the Protection and Welfare of the Marginalised Section

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
● History:
⮚ It was framed in response to demands made by Dalits and others highlighting the ill treatment and
humiliation Dalits and tribal groups face in an everyday sense.
⮚ It acquired a violent character in the late 1970s and 1980s.
⮚ Adivasi people successfully organised themselves and demanded equal rights and for their land
and resources to be returned to them.
● The Act distinguishes several levels of crimes:
⮚ It lists modes of humiliation that are both physically horrific and morally reprehensible and seeks to
punish those who commits any act which is derogatory to human dignity.
⮚ It lists actions that dispossess Dalits and Adivasis of their meagre resources or which force them to
perform slave labour.
⮚ It recognizes that crimes against Dalit and Tribal women are of a specific kind and, therefore, seeks
to penalize anyone who assaults or uses force on any woman belonging to a Scheduled Caste or a
Scheduled Tribe with intent to dishonour her.

Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993:
● It prohibits the employment of manual scavengers as well as the construction of dry latrines.
● In 2003, the Safai Karamchari Andolan and 13 other organisations and individuals, including seven
scavengers, filed a PIL in the Supreme Court.
● The petitioners complained that manual scavenging still existed, and it even continued in government
undertakings like the railways.
● The court observed that the number of manual scavengers in India had increased since the 1993 law
and directed that:
⮚ Every department/ministry of the union and state governments to verify the facts within six
months.
⮚ If manual scavenging was found to exist, then the government department has to actively take up a
time-bound programme for their liberation and rehabilitation.
● Now, The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act came into
force on 6 December 2013.

22
 Manual Scavenging:
It refers to the practice of removing human and animal waste/excreta using brooms, tin plates and
baskets from dry latrines and carrying it on the head to disposal grounds some distance away.
A manual scavenger is the person who does the job of carrying this filth. This job is mainly done by
Dalit women and young girls.
Related Issues:
Manual scavengers are exposed tosubhuman conditions of work and face serious health hazards.
They are constantly exposed to infections that affect their eyes, skin, respiratory and gastro-
intestinal systems.
They get very low wages for the work they perform.
It is against the Constitutional mandate. Manual scavengers in different parts of the country - the
Bhangis in Gujarat, Pakhis in Andhra Pradesh, and the Sikkaliars in Tamil Nadu - continue to be
considered untouchable.

Adivasi Demands and the 1989 Act:

Adivasi activists refer to the Act to defend their right to occupy land that was traditionally theirs. This Act
confirms the following promises made to the tribal people in the Constitution:
● Land belonging to tribal people cannot be sold to or bought by non-tribal people.
● The tribal people have the right to re-possess their land.
C.K. Janu, an Adivasi activist, has pointed out that one of the violators of Constitutional rights guaranteed
to tribal people are governments in the various states of India.
● They allow non-tribal encroachers in the form of timber merchants, paper mills etc., to exploit tribal
land.
● They forcibly evict tribal people from their traditional forests in the process of declaring forests as
reserved or as sanctuaries.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006:
● The Act meant to undo the historical injustices meted out to forest dwelling populations in not
recognizing their rights to land and resources.
● It recognizes their right to homestead, cultivable and grazing land and to non-timber forest produce.
● It also pointed out that the rights of forest dwellers include conservation of forests and biodiversity
also.

23
 Interesting points

· The term Dalit means 'broken'. It is used deliberately and actively by groups to highlight the
centuries of discrimination they have experienced within the caste system.
● Soyrabai was the wife of the well-known Bhakti poet Chokhamela, from fourteenth century
Maharashtra. They belonged to the Mahar caste, which was at that time considered untouchable.
● Uma Chakravarti wrote 'Gendering Caste: Through a Feminist Lens'.
● According to the Andhra Pradesh based Safai Karamchari Andolan, there are one lakh persons
from Dalit communities who continue to be employed in manual scavenging job in this country
and who work in 26 lakhs private and community dry latrines managed by municipalities.
● Kabir was fifteenth century poet and weaver who belonged to the Bhakti tradition.
⮚ His poetry spoke about his love for the supreme being free of ritual and priests.
⮚ He attacked those who attempted to define individuals on the basis of their religious and caste
identities.
⮚ His poetry brings out the powerful idea of the equality of all human beings and their labour.

24
 PUBLIC FACILITIES
9
Public facilities are the essential facilities for everyone such as water, healthcare, electricity, public
transport, schools, etc. The Government plays a crucial role in their provision and once it is provided, its
benefits can be shared by many people.

Role of Government:
One of the most important functions of the government is to ensure that these public facilities are made
available to everyone. Government must bear this responsibility because:
● Public facilities are not for profit: Private companies operate for profit in the market. For example, they
will not get any direct benefit for keeping the drains clean.
● Availability and Affordability: In interest areas of private sector like schools and hospitals, the service
is not available to all at an affordable rate.
● Basic Needs: Public facilities are related to people's basic needs. Any modern society requires that
these facilities be provided to meet people's basic needs.
● Fundamental Rights: The Right to Life that the Constitution guarantees is for all persons living in the
country.

Financing Public Facilities:

● In the Budget, the government announces the various ways in which it plans to meet its expenses.
● The main source of revenue for the government is the taxes collected from the people. The
government is empowered to collect these taxes and use them for such programmes.
● For instance, to supply water, the government has to incur costs in pumping water, carrying it over long
distances, laying down pipes for distribution, etc.
● It meets these expenses partly from the various taxes that it collects and partly by charging a price for
water.

Water as a Public Facility:

● Importance of Water:
⮚ Water is essential for life and good health.
⮚ Safe drinking water can prevent many water-related diseases: India has one of the largest number
of cases of diseases such as diarrhea, dysentery, cholera. (Over 1,600 Indians, most of them
children below the age of five, reportedly die every day because of water-related diseases).
PUBLIC FACILITIES

● Constitutional mandate: The Constitution of India recognizes the Right to Water as being a part of
the Right to Life under Article 21. This means that it is the right of every person, whether rich or poor,
to have enough water to fulfil one's daily needs at an affordable price.
● Judicial Intervention:
⮚ Right to Safe drinking water is a Fundamental Right: It has been held by the High Courts and

25
 Supreme Court in several court cases.
⮚ In 2007, the Andhra Pradesh High Court restated this while hearing a case based on a letter
written by a villager of Mahbubnagar district on the contamination of drinking water. The villager's
complaint was that a textile company was discharging poisonous chemicals into a stream near his
village, contaminating ground water, which was the source for irrigation and drinking water.
⮚ The judges directed the Mahbubnagar district collector to supply 25 litres of water to each person in
the village.

Glaring Situation of Water supply by local bodies in India:

● In Chennai, Municipal supply meets only about half the needs of the people of the city.
● The burden of shortfalls in water supply falls mostly on the poor.
● Great inequalities in water use exists as shown in Table below:

Required supply of water per Av a i l a b l e / c o n s u m e d b y Available/consumed by people in

person in an urban area people in slums luxury hotels

135 litres per day per person 20 litres per day per person 1,600 litres per day per person
(7 buckets) (1 bucket) (80 buckets)

● A similar scenario of shortages and acute crisis during the summer months is common to other cities of
India.
Some people argue that since the government is unable to supply the amount of water that is needed and
many of the municipal water departments are running at a loss, private companies should be allowed to
take over the task of water supply.

Private sector in Water Supply:

● Throughout the world, water supply is a function of the government. There are very few instances of
private water supply.
● There are areas in the world such as Porto Alegre (Brazil) where public water supply has achieved
universal access.
PUBLIC FACILITIES

● In a few cases, where the responsibility for water supply was handed over to private companies, there
was a steep rise in the price of water, making it unaffordable for many.
● Cities saw huge protests, riots breaking out in places like Bolivia, forcing the government to take back
the service from private hands.

26
 Success Stories of Government Water Departments in India:
● Mumbai: The water supply department raises enough money through water charges to cover its
expenses on supplying water.
● Hyderabad: Urban body has increased coverage and improved performance in revenue collection.
● Chennai: Several rainwater harvesting initiatives have been initiated to increase the level of
groundwater. It has also used the services of private companies for transporting and distributing
water, but the government water supply department decides the rate for water tankers and gives
them permission to operate.

Public Water Supply in Porto Alegre City (Brazil):

The city has a far lower number of infant deaths as compared to most other cities of the world.
The city's water department has achieved universal access to safe water, and this is the main
reason behind the lower number of infant deaths.
The average price of water is kept low, and the poor are charged half the basic rate. Whatever
profit the department makes is used to improve the water supply.

Public Transport as Public facility:

● Buses are the most important forms of public transport over short distances. It is the main link to the
workplace for majority of the working people.
● As an alternative to buses, the government has planned and executing ambitious metro rail projects
for most metropolitan cities.

Sanitation as Public facility:

● Besides safe drinking water, sanitation is a must in prevention of water-borne diseases.
● In India, Sanitation coverage is even lower than that of clean water. Official figures for 2011 show
that 87 percent of the households in India have access to drinking water and about 53 percent have
access to sanitation (toilet facilities within the premises of residence).

Public Water Supply in Porto Alegre City (Brazil):

The city has a far lower number of infant deaths as compared to most other cities of the world.
The city's water department has achieved universal access to safe water, and this is the main
PUBLIC FACILITIES

reason behind the lower number of infant deaths.

The average price of water is kept low, and the poor are charged half the basic rate. Whatever
profit the department makes is used to improve the water supply.

27
 Interesting points

· Sustainable Development Goal (SDG):

⮚ Goal 6 is Clean Water and Sanitation.
⮚ Goal 11 is Sustainable Cities and Communities.
⮚ Goal 12 is Responsible Consumption and Production.
● The Indian Constitution guarantees the Right to Education for all children between the ages of 6-14
years.
● Budget: This is an account of the expenses the government has made on its programmes in the past
year and how much it plans to spend in the coming year.
● Right to water entitles everyone to sufficient, safe, acceptable, physically accessible, and affordable
water for personal and domestic use: United Nations (2002).
● Mumbai's sub-urban Railway:
⮚ It is the densest route in the world, attending to 65 lakh passengers daily.
⮚ It has a rail network of about 300 kilometers.

PUBLIC FACILITIES

28
 10 LAW AND SOCIAL JUSTICE
A major role of the government is to control the activities of private sector by making, enforcing, and
upholding laws to prevent unfair practices and ensure social justice.

Significance of a Law:
Laws are necessary in many situations, whether this be the market, office, or factory to protect people from
unfair practices. For example, Minimum Wages Act as discussed below:
● Major Provision: The Act specifies that wages should not be below a specified minimum.
● Need of the law: Many workers are denied fair wages by their employers because workers badly need
work and remain with no bargaining power.
● Beneficiaries: All workers particularly farm labour, construction workers, factory workers, domestic
workers, etc.
To make higher profits, Private companies, contractors, etc., resort to unfair practices such as paying
workers low wages, employing children for work, ignoring the conditions of work, ignoring the damage to
the environment thus increasing the necessity of the Law.

Role of the Government:

● Strict implementation of laws: Merely making laws is not enough. The government must ensure that
these laws must be enforced. For instance, the government must regularly inspect work sites and
punish those who violate the Minimum Wages Act.
● Check on Private Companies: Through making, enforcing, and upholding laws, the government can
control the activities of individuals or private companies.
● Uphold of Constitutional mandate: Many of the laws have their basis in the Fundamental Rights
guaranteed by the Indian Constitution. For instance, the Right against Exploitation says:
⮚ No one can be forced to work for low wages or under bondage.
⮚ No child below the age of 14 years shall be employed to work in any factory or mines or engaged in
any other hazardous employment.

Bhopal Gas Tragedy: World's Worst Industrial Disaster

An American company Union Carbide (UC) had a pesticide producing factory in Bhopal. At midnight, on 2
LAW AND SOCIAL JUSTICE

December 1984, methyl-isocyanite (MIC) - a highly poisonous gas - started leaking from the factory.
● Within three days, more than 8,000 people were dead. Hundreds of thousands were maimed.
● Most of those exposed to the poison gas came from poor, working-class families, of which nearly
50,000 people are today too sick to work.
● Among those who survived, many developed severe respiratory disorders, eye problems and other
disorders. Children developed peculiar abnormalities.
● UC had deliberately ignored the essential safety measures to cut costs.

29
 ● In the ensuing legal battle, the government represented the victims in a civil case against UC. It filed a
$3 billion compensation case in 1985 but accepted a lowly $470 million in 1989. Survivors appealed
against the settlement, but the Supreme Court ruled that the settlement amount would stand.
● UC stopped its operations but left behind tons of toxic chemicals. These have seeped into the ground,
contaminating water. Dow Chemical, the company who now owns the plant, refuses to take
responsibility for clean-up.
● Even after decades, fight for justice to the victims is ongoing. It is to get safe drinking water, health-
care facilities and jobs for the people poisoned by UC. People also demand that Anderson, the UC
chairman who faces criminal charges, be prosecuted.

Particular In West Virginia (U.S.A.) In Bhopal (India)

Wa r n i n g a n d M o n i t o r i n g Computerized Manual, rely on human sense to

systems detect gas leakages

Emergency evacuation plans In place Non-existent

A comparison of UC's safety system:

Root Cause of the Disaster:

● Safety laws were lax in India.
● Even these weak safety laws were not enforced:
⮚ Government officials refused to recognize the plant as hazardous and allowed it to come up in a
populated locality.
⮚ Government overlooked safety violation for continued investment and employment.
⮚ It was unthinkable to the officials to ask UC to shift to cleaner technology or safer procedures.
⮚ Government inspectors continued to approve the procedures in the plant, even when repeated
incidents of leaks from the plant made it obvious to everybody that things were seriously wrong.
Instead of protecting the interests of the people, their safety was being disregarded both by the government
and by private companies. LAW AND SOCIAL JUSTICE

Status of an Indian Worker:

● Easy replacement: Large unemployment rate exists, and many workers get ready to work in unsafe
conditions in return for a low wage.
● Vulnerability: Making use of the workers' vulnerability, employers ignore safety in workplaces.

Reasons for foreign companies coming to India:

30
 ● Cheap labor: Wages that the companies pay to workers, say in the U.S.A., are far higher than what
they must pay to workers in countries like India.
● Long working hours: Companies can get longer working hours even after paying low wages.
● Fewer Additional expenses such as for housing facilities for workers.
● Cost cutting by other more dangerous means: Lower working conditions including lower safety
measures. For example- In the UC plant, every safety device was malfunctioning or was in short
supply. Between 1980 and 1984, the work crew for the MIC plant was cut in half from 12 to 6 workers.
The period of safety training for workers was brought down from 6 months to 15 days.

Duty of Government:
● As the lawmaker and enforcer, the government is supposed to ensure that safety laws are
implemented properly.
● Government also needs to ensure that the Right to Life guaranteed under Article 21 of the
Constitution is not violated.

New Laws to Protect the Environment:

● Before Bhopal Disaster:
⮚ In 1984, there were very few laws protecting the environment in India, and there was hardly any
enforcement of these laws.
⮚ The environment was treated as a 'free' entity. Whether it was rivers, air, groundwater - the
environment was being polluted and the health of people disregarded.
● After Bhopal Disaster:
⮚ Several thousands of persons who were not associated with the factory in any way were greatly
affected because of the poisonous gases leaked from the plant and this highlighted the importance
of Environment.
⮚ Indian government introduced new laws on the environment. Henceforth, the polluter was to be
held accountable for the damage done to environment.
⮚ Role of Judiciary:
o The courts also gave several judgments upholding the Right to a Healthy Environment as
LAW AND SOCIAL JUSTICE

intrinsic to the Fundamental Right to Life.

o In Subhash Kumar vs. State of Bihar (1991), the Supreme Court held that the Right to Life is a
Fundamental Right under Article 21 of the Constitution and it includes the right to the
enjoyment of pollution-free water and air for full enjoyment of life.

31
 Interesting points

· According to the 2011 census, over 4 million children in India aged between 5 and 14 work in
various occupations including hazardous ones.
● In 2016, Parliament amended the Child Labor (Prohibition and Regulation) Act, 1986 banning
the employment of children below the age of 14 years in all occupations and of adolescents
(14-18 years) in hazardous occupations and processes. It made employing these children or
adolescents a cognizable offence.
● PENCIL Portal:
⮚ It stands for Platform for Effective Enforcement for No Child Labour.
⮚ It has become functional in 2017.
⮚ It is an online portal meant for filing of complaint, child tracking, implementation and
monitoring of National Child Labour Project (NCLP).
● Sustainable Development Goal (SDG):
⮚ Goal 8: Decent Work and Economic Growth.
⮚ Goal 9: Industry, Innovation, and Infrastructure.
● In a series of rulings (1998 onwards), the Supreme Court had ordered all public transport vehicles
in Delhi using diesel were to switch to Compressed Natural Gas (CNG).

LAW AND SOCIAL JUSTICE

32