9/6/2014Print Article : Vulnerable Groups in India - Status, Schemes, Constitution of India Vulnerable Groups in India - Status, Schemes, Constitution of India Source : http://legalservicesindia.com/article/register.php Author : meenakshi Published on : March 30, 2012 Vulnerable Groups in India- Status, Schemes, Constitution of India Vulnerable groups are the groups which would be vulnerable under any circumstances (e.g. where the adults are unable to provide an adequate livelihood for the household for reasons of disability, illness, age or some other characteristic), and groups whose resource endowment is inadequate to provide sufficient income from any available source. meenakshi's Profile and details meenakshi agrawal hidayatullah national law In India there are multiple socio-economic disadvantages that members of particular groups experience university which limits their access to health and healthcare. The task of identifying the vulnerable groups is not an easy one. Besides there are multiple and complex factors of vulnerability with different layers and more often than once it cannot be analysed in isolation. The present document is based on some of the prominent factors on the basis of which individuals or members of groups are discriminated in India, i.e., structural factors, age, disability and discrimination that act as barriers to health and healthcare. The vulnerable groups that face discrimination include- Women, Scheduled Castes (SC), Scheduled Tribes (ST), Children, Aged, Disabled, Poor migrants, People living with HIV/AIDS and Sexual Minorities. Sometimes each group faces multiple barriers due to their multiple identities. For example, in a patriarchal society, disabled women face double discrimination of being a women and being disabled. VULNERABLE GROUPS FACING STRUCTURAL DISCRIMINATION (WOMEN, SCHEDULED CASTES, DALITS, SCHEDULED TRIBES) What are weaker sections? SCs/STs Due to the caste system prevailing in India, the sudras have been exploited for the ages. They were denied the right to education and thus were left languishing behind, socially and economically. Such people have been categorized into Scheduled Castes. Tribal communities, who never mixed with the main society, are similarly challenged and are categorized into Scheduled Tribes. Backward Classes The constitution does not define the term backward classes. It is up to the center and the states to specify the classes that belong to this http://www.legalservicesindia.com/article/print.php?art_id=1079 1/18 A large proportion of women is reported to have received no antenatal care. The average maternal mortality ratio at the national level is 540 deaths per 100. class or ethnic group apart from experiencing gendered vulnerabilities. These have serious repercussions on the health of women. small service providers.legalservicesindia. skin colour. and ethnic identity experience structural discrimination that impact their health and access to healthcare. In India. http://www.7 In a caste-dominated country like India. stand as a community whose human rights have been severely violated. scavenger. 2000). living in slums and other temporary shelters without any kind of social security. the President can. The rural MMR (Maternal Mortality Rate) is 617 deaths of women age between 15-49 years per one lakh live births as compared to 267 maternal deaths per one lakh live births among the urban population (National Family Health Survey-2. In rural India they are landless poor agricultural labourers attached to rich landowners from generations or poor casual labourers doing all kinds of available work. get married below the legal age and experience pregnancy (Reproductive And Child Health – District level Household Survey 2002-04.Status. Dalits does not refer to a caste but suggestsa group who are in a state of oppression. They have meager purchasing power. 340. Schemes.. lack or have low access to resources and entitlements.. class. In most cases the deaths occur from preventable causes. Structural Discrimination Faced by Groups In India. Based on this report. The members of these groups face systemic violence in the form of denial of access to land. sweeper. Structural discrimination against these groups takes place in the form of physical. Constitution of India group. Literacy rates among Dalits are only about 24 per cent. etc. domestic help. They were earlier referred as ‘untouchables’ mainly due to their low occupations i. In the city they are the urban poor employed as wage labourers at several work sites. Dalits who comprises more than one-sixth of the Indian population (160 million approx). education and employment. members of gender . Access to health and healthcare for the subordinate groups is reduced due to the structural barriers. A major proportion of the lower castes and Dalits are still dependent on others for their livelihood. be determined on the basis of gender. caste. ethnic origin. The norms act as structural barriers giving rise to various forms of inequality.php?art_id=1079 2/18 . rural-urban. under Art. It varies between states and regions. the president may specify the backward classes. cobbler. They have little control on the resources and on important decisions related to their lives. In India.e. Women face double discrimination being members of specific caste. beggars.com/article/print. social disability and who are helpless and poor. it is understood that classes that are not represented adequately in the services of the state can be termed backward classes. Maternal mortality is very high in India. A group’s status may for example. About 28 per cent of girls in India.000 live births (National Family Health Survey-2. etc..9/6/2014 Print Article : Vulnerable Groups in India . institutional delivery is lowest among women from the lower economic class as against those from the higher class. early marriage and childbearing affects women’s health adversely. good housing. Structural norms are attached to the different relationships between the subordinate and the dominant group in every society. August 2006). Further. can constitute a commission to investigate the condition of socially and educationally backward classes. Women have low status as compared to men in Indian society. i.e. vendors. have poor housing conditions. psychological. However. 2000). This clause was added in the first amendment to the constitution in 1951 after the SC judgement in the case of Champakam Dorairajan vs State of http://www. access to healthcare. poor health and reduced access to healthcare services. Need for development of the weaker sections – the SCs STs OBCs and Minorities The SCs STs OBCs and Minorities. A large proportion of Dalit girls drop out of primary school inspite of reservations and academic aptitude. morbidity and anaemia. Physical segregation of their settlements is common in the villages forcing them to live in the most unhygienic and inhabitable conditions. to free and liberate the Weaker Sections. have been forced to remain as the Weaker Sections of India. because of poverty. 15(4) : Clause 4 of article 15 is the fountain head of all provisions regarding compensatory discrimination for SCs/STs. forest and water. Constitution of India emotional and cultural abuse which receives legitimacy from the social structure and the social system. There are high rates of malnutrition reported among the marginalized groups resulting in mortality.Status. They have to be uplifted to the levels of normal human-beings of the World. They are less likely to afford and get access to healthcare services when required. The Scheduled Tribes like the Scheduled Castes face structural discrimination within the Indian society. This has resulted in poverty among them. for nearly four millenniums. Their percentages in the population and numbers however vary from State to State. In India. 2000). casual labourers. The scavenger community among the Dalits is vulnerable to stress and diseases with reduced access to healthcare. isolation or bullying by teachers and classmates and punishment for scoring good grades (National Commission Report for SC/ST. They constitute a large proportion of agricultural labourers. Constitutional Provisions for the SC/ST/OBC and minorities Art. Definitely not in the Twenty-first Century of the third millennium. Schemes. All these factors affect their health status.legalservicesindia.3 million and is considered to be socially and economically disadvantaged. industrial labourers etc. from the cobwebs of oppression.9/6/2014 Print Article : Vulnerable Groups in India . humiliation. plantation labourers. marginalisation and backwardness. can not and should not continue anymore. There is a need for the Government to do something special and tangible. discrimination increases by the complex mix of two factors-being a women and being a member of the marginalized community. They belong to the poorest strata of the society and have severe health problems. The Infant Mortality Rate among Scheduled Castes is 83 per 1000 live births while it is 84. In the case of women. Access to and utilization of healthcare among the marginalized groups is influenced by their socio-economic status within the society. Unlike the Scheduled Castes.php?art_id=1079 3/18 . and quality of health service received. Structural discrimination directly impedes equal access to health services by way of exclusion. They are mainly landless with little control over resources such as land.com/article/print. low levels of education. The health outcomes among the Scheduled Tribes are very poor even as compared to the Scheduled Castes. the Scheduled Tribes are a product of marginalization based on ethnicity. This bad situation. in an age of fast travel and mass communication. the Scheduled Tribes population is around 84. The negative attitude of the health professionals towards these groups also acts as a barrier to receiving quality healthcare from the health system.2 per 1000 per live births among the Scheduled Tribes. and the Women confined or oppressed to be the most and multiply exploited sections of the Country. Constitution of India Madras. 15 (5) : This clause was added in 93rd amendment in 2005 and allows the state to make special provisions for backward classes or SCs or STs for admissions in private educational institutions. 15(4) talks about backward classes and not backward castes thus caste is not the only criterion for backwardness and other criteria must also be considered. In the case of Balaji vs State of Mysore." This clause started the era of reservations in India. Finally. It says thus. 17: This abolishes untouchability and its practice in any form. SC upheld the conviction for preventing a lower caste person from filling water from a bore well. Art. They were not even allowed to enter public places such as temples and shops. Further. It further held that it is valid to sub-categorize the reservation between backward and more backward classes. that Art. SC upheld the decision given under Balaji vs State of Mysore that reservation should not exceed 50% except only in special circumstances. Although the term untouchability has not been defined in the constitution or in any act but its meaning is to be understood not in a literal sense but in the context of Indian society. However. Art. It impresses upon the public servant to investigate fully any complaint in this matter and failing to do so will amount to abetting this crime. Art.9/6/2014 Print Article : Vulnerable Groups in India . total should still not exceed 50%. The constitution strives to remove this abhorring practice by not only making the provision a fundamental right but also allows punishment to whoever practices or abets it in any form. Art. Schemes. 16(4B): This allows the state to consider unfilled vacancies reserved for backward classes as a separate class of vacancies not subject to a limit of 50% reservation. In the case of State of Kar. It has implemented several measures to eradicate this evil from the society. It also held that the carry forward rule is valid as long as reservation does not exceed 50%. some people were relegated to do menial jobs such as cleaning toilets. 16(4): This clause allows the state to reserve vacancies in public service for any backward classes of the state that are not adequately represented in the public services. Towards this end. in the case of Indra Sawhney vs Union of India. "Nothing in this article or in article 29(2) shall prevent the state from making any provisions for the advancement of any socially and economically backward classes of citizens or for Scheduled Castes and Scheduled Tribes. aided or unaided. Such people were not to be touched and it was considered a sin to even touch their shadow. It stipulates up to 6 months imprisonment or 500 Rs fine or both. Due to the varna system. 16 (4A): This allows the state to implement reservation in the matter of promotion for SCs and STs.php?art_id=1079 4/18 . Art.Status. http://www. Protection of Civil Rights Act 1955 was enacted. vs Appa Balu Ingle. the SC held that reservation cannot be more than 50%.legalservicesindia.com/article/print. SC held that complete relaxation of qualifying marks for SCs/STs in Pre-Medical Examinations for admission to medical colleges is valid. 339 allows the central govt. 330/332: Allows reservation of seats for SC/ST in the parliament as well as in state legislatures. 40: Provides reservation in 1/3 seats in Panchayats to SC/ST.php?art_id=1079 5/18 . Art. Constitution of India In Asiad Projects Workers case. Art. Art. 15(3): It allows the state to make special provisions for women and children. Bihar. 23: Under the fundamental right against exploitation. 340: Allows the president to appoint a commission to investigate the condition of socially and economically backward classes and table the report in the parliament. 164: Appoint special minister for tribal welfare in the states of MP. http://www. Art. Art.com/article/print. Art. Art. specially SC and STs. Several acts such as Dowry Prevention Act have been passed including the most recent one of Protection of women from domestic violence Act 2005.9/6/2014 Print Article : Vulnerable Groups in India . 46: Enjoins the states to promote with care the educational and economic interests of the weaker sections. 39: Ensures equal pay to women for equal work. 19(5): It allows the state to impose restriction on freedom of movement or of residence in the benefit of Scheduled Tribes. 338/338A/339: Establishes a National Commission of SCs and STs. Art.Status.legalservicesindia. Art. to direct states to implement and execute plans for the betterment of SC/STs. Art. 275: Allows special grant in aids to states for tribal welfare. Schemes. flesh trade has been banned. Art. In the case of State of MP vs Nivedita Jain. Constitutional Provisions for Women Art. Art. 335: Allows relaxation in qualifying marks for admission in educational institutes or promotions for SCs/STs. and Orrisa. SC has held that right under Art 17 is available against private individuals as well and it is the duty of the state to ensure that this right is not violated. · Centrally-sponsored Pilot Scheme of PRADHAN MANTRI ADARSH GRAM YOJANA (PMAGY) · State. Schemes.e.legalservicesindia.9/6/2014 Print Article : Vulnerable Groups in India . Indian nation and no community could claim to be a separate entity on the basis of religion. SC held that the concept of equal pay for equal work is indeed a constitutional goal and is capable of being enforced through constitutional remedies under Art. 42: Provides free pregnancy care and delivery. however. It has.php?art_id=1079 6/18 . Art. 44: It urges the state to implement uniform civil code. 32. SC has held that in Indian Republic there is to be only one nation i. Candidates for the Selection Year 2009-10. District and Block wise abstract of villages selected under PMAGY · Babu Jagjivan Ram Chhatrawas Yojana (Letter.D (Effective from 01-04-2010) · Interviews for final Selection of awardees under the Scheme of National Overseas Scholarship for SC etc.Status. Art. 40: Provides 1/3 reservation in panchayat. SCHEDULED CASTES/TRIBES WELFARE SCHEMESNGOs Schemes· Scheme of Grant in Aid to Voluntary Organisations working for Scheduled Castes Ministry’s Schemes· Central Sector Scheme of 'Rajiv Gandhi National Fellowship' for Providing Scholarships to Scheduled Caste Students to persue Programmes in Higher Education such as M. Annexures. Art. which will help improve the condition of women across all religions.com/article/print. There is a plan to provide reservation to women in parliament as well. not been implemented due to politics. In the case of Sarla Mudgal vs Union of India. Constitution of India In the case of Randhir Singh vs Union of India. and National Allocation for 2009-10) · Post-Matric Scholarship for SC Students · Pre-Matric Scholarships for the Children of those Engaged in Unclean Occupations http://www.Phil and Ph. Candidates for Selection Year 2010-2011 · Form for the Scheme of National Overseas Scholarship for SC etc.php?art_id=1079 7/18 . Candidates for the Selection Year 2010-11.9/6/2014 Print Article : Vulnerable Groups in India .Status. Schemes. Constitution of India · Central Sector Scholarship Scheme of Top Class Education for SC Students (Effective from June 2007) · Self Employment Scheme for Rehabilitation of Manual Scavengers · National Overseas Scholarships for Scheduled Castes (SC) etc.com/article/print. · Special Educational Development Programme for Scheduled Castes Girls belonging to low Literacy Levels · Upgradation of Merit of SC Students · Scheme of free Coaching for SC and OBC Students · National Scheduled Castes Finance & Development Corporation (NSFDC) · National Safaikaramcharis Finance & Development Corporation (NSKFDC) · Assistance to Scheduled Castes Development Corporations (SCDCs) · Supporting Project of All India Nature of SCs · National Comission for Safai Karamcharis The major schemes/programme of the Ministry of Tribal Affairs are· Special Central Assistance & Grants Under Article 275(1) Of The Constitution · Scheme Of Development of Primitive Tribal Groups(Ptgs) · Tribal Research Institutes · Girls / Boys Hostels for Sts · Ashram Schools In Tribal Sub-Plan Areas http://www.legalservicesindia. Constitution of India · Vocational Trainig Centres in Tribal Areas · Grants-in-aid to State Tribal Development Cooperative Corporations and others · Village Grain Bank Scheme Major schemes for Women· Indira Gandhi Matritva Sahyog Yojana (IGMSY) · Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG) · Swadhar Yojna · STEP (Support to Training and Employment Programme for Women) (20th October 2005) · Stree Shakti Puraskaar Yojna · Short Stay Home For Women and Girls (SSH) · UJJAWALA : A Comprehensive Scheme for Prevention of trafficking and Rescue. Majority of these children are involved in crime.Status.9/6/2014 Print Article : Vulnerable Groups in India . supervision. · Approximately 26% of the Indian population lives below the poverty line and 72 % live in rural areas.com/article/print. http://www. gang related violence and drug trafficking. Schemes.legalservicesindia. Human Rights Watch estimates that approximately 18 million children live or work on the streets of India.php?art_id=1079 8/18 . Status of Orphans/ Street Children in India · India is the world’s largest democracy with a population of over a billion-400 million of which are children. or direction from responsible adults. a situation in which there is no protection. prostitution. Rehabilitation and Re-integration of Victims of Trafficking and Commercial Sexual Exploitation · General Grant-in-Aid Scheme in the field of Women and Child Development. STREET CHILDREN AND ORPHANS Street children are those for whom the street more than their family has become their real home. · It is estimated that 14% of the 4. Uttar Pradesh and Assam. issues such as gender inequity. · Census 1991 data suggests that there are 11. · Out of the 55. · Yet. Constitution of India · Even though the percentage of the Indian population infected with HIV/AIDS is 0. According to the National Commission on Women an estimated 250.9/6/2014 Print Article : Vulnerable Groups in India .Kerala.com/article/print. illiteracy and the lack of basic infrastructure play an important role in hindering HIV/ AIDS prevention and treatment programs in India. · Despite the many recorded gains in the recent past. Devadasi is banned by the Prohibition of Dedication Act of 1982. More than 50 % of the devadasis become prostitutes: of which nearly 40 per cent join the sex trade in urban brothels and the rest are involved in prostitution in their respective villages. Schemes.Tamil Nadu. This system is prevalent in Andhra Pradesh.legalservicesindia. 000 children in India are engaged in commercial sex. · A study conducted by the ILO found that children of infected parents are heavily discriminated-35% were denied basic amenities and 17% were forced to take up petty jobs to augment their income. · Conservative estimates state that around 300.000 women have been dedicated as Devadasis in Maharashtra-Karnataka border. A study conducted in 1993 reported that 9% of the devadasis are HIV positive in Belgaum district in Karnataka. Child prostitution is socially acceptable in some sections of Indian society through the practice of Devadasi. (5) it has the second largest number of people infected with HIV/AIDS in the world. Young girls from socially disadvantaged communities are given to the 'gods' and they become a religious prostitute.9%. it is estimated that India has the largest number of AIDS orphans of any country and this number is expected to double in the next five years.2 million HIV/AIDS cases are children below the age of 14. Karnataka.Orissa. · Over 85% of this child labor is in the country’s rural areas and this number has risen in the past decade. the first being South Africa. Maharashtra.php?art_id=1079 9/18 . The impact of the AIDS crisis has not begun to fully emerge in India and AIDS related orphaning has not been documented.112 are children. Schemes for children http://www. · Child labor in India is a complex problem and is rooted in poverty.Status.28 million working children in India.764 identified AIDS cases in India 2. poverty. Schemes. http://www. the state is required to provide school education to children.com/article/print. Constitution of India · The Integrated Child Protection Scheme (ICPS) · National Awards For Child Welfare · National Child Awards For Exceptional Achievements · Rajiv Gandhi Manav Seva Award For Service To Children · Balika Samriddhi Yojana (BSY) · Kishori Shakti Yojana (KSY) · Nutrition Programme for Adolescent Girls (NPAG) · Early Childhood Education for 3-6 Age Group Children Under the Programme of Universaliation of Elementary Education. Thus. Rehabilitation and Re-integration of Victims of Trafficking and Commercial Sexual Exploitation · General Grant-in-Aid Scheme in the field of Women and Child Development. education was made a fundamental right explicitly through 86th amendment in 2002.Status. After this decision.php?art_id=1079 10/18 . Constitutional Provisions for children Art.9/6/2014 Print Article : Vulnerable Groups in India . In the case of Unni Krishnan vs State of AP. SC held that right to education for children between 6 to 14 yrs of age is a fundamental right as it flows from Right to Life. 19 A: Education up to 14 yrs has been made a fundamental right. · Scheme for welfare of Working Children in need of Care and Protection · Central Adoption Resource Agency (CARA) · Rajiv Gandhi National Creche Scheme For the Children of Working Mothers · UJJAWALA : A Comprehensive Scheme for Prevention of trafficking and Rescue.legalservicesindia. Singh and Sharma 1987 cited in Rajan et.75 percent by 2021. The 1991 census showed that approximately 7.. Schemes. The NSS data show that in both rural and urban areas. High levels of economic dependence at low household income levels mean that meager resources need to be stretched thinner and thereby increase vulnerability to poverty of physically and financially dependent older persons. Recently the list of hazardous processes has been update to include domestic. al. al. Economic independence was far greater among males than among females. In many situations.Status.. 7.40 percent in 1991 to 3. While old age pension schemes are in place neither the small amounts made available nor the hassle of accessing them make this a solution to the problem of chronic poverty among the elderly.al. and high levels of economic dependence and/or disability combine to create high levels of vulnerability to chronic poverty.3% of India's urban population was above the age of 60. Constitution of India Art.4% females in rural and 6. The proportion of old-old (70 plus) in India is expected to increase from 2.6% of India's rural and 6. roughly 50% of aged persons were fully dependent on others. Art. and restaurant work. 2000) and more so among the female elderly (Dak and Sharma 1987 cited in Rajan et. Financial problems are more common among widows and among the elderly in nuclear http://www.2% males and 6. 13 to 16 % were partially dependent and only 30% were economically independent. Inadequate financial resources are a major concern of the Indian elderly (Desai 1985 cited in Rajan et.com/article/print. J Bhagvati has laid down guidelines for adoption of Indian children by foreigners. In the case of Lakshmi Kant Pandey vs Union of India. This has significant implications for social security policies. In contrast. Several PILs have been filed in the benefit of children. declining family size. more than 70% of older females and only about 30% of older males were fully dependent on others. 2000). 24: 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. SC has held that children cannot be employed in match factories or which are directly connected with the process as it is hazardous for the children. The total number of elderly persons in India is projected to increase to 136 million by 2021 from the current level of 55 million in 1991.legalservicesindia.2000). With the high incidence of chronic ailments and health care needs of the elderly. For example. MC Mehta vs State of TN. 45: Urges the state to provide early childhood care and education for children up to 6 yrs of age. Age.9/6/2014 Print Article : Vulnerable Groups in India . Close to half the elderly males and only 12% of elderly females were economically independent. this group of the population is extremely vulnerable to poverty..6% females in urban areas were in the category of the aged.php?art_id=1079 11/18 . migration and breakdown of traditional family structures that provided support.8% males and 7. hotel. the rural elderly continue to work though their number of working hours comes down with increasing age (Singh. 9 of the State List and Item No. Article 41 of the Directive Principle of the State Policy has particular relevance to Old Age Social Security. Constitutional provisions for agedIn Constitution of India. Economic insecurity was the sole concern of the elderly in barely sustainable households in rural India (Punia and Sharma 1987 cited in Rajan et. 20. It introduces a National Policy for Social Assistance benefit to poor households in the case of old age. 23 and 24 of the Concurrent List relates to old age pension.Status. provident funds. al. namely:* National Old Age Pension Scheme (NOAPS) * National Family Benefit Scheme (NFBS) * National Maternity Benefit Scheme (NMBS) These Schemes were partially modified in 1998 based on the suggestions received from various corners and also on the basis of the feedback received from the State Governments.. Schemes.9/6/2014 Print Article : Vulnerable Groups in India .legalservicesindia. According to this Article. Item No. and economic and social planning.php?art_id=1079 C once ssions and O the r ince ntive s Insurance Policie s and Be ne fits Me diclaim /He alth Insurance National Policy on O lde r Pe rson He alth Facilitie s 12/18 . entry 24 in list III of Schedule IV deals with the “Welfare of Labour. invalidity and Old age pension and maternity benefits. Other schemesTe chnology Inte rve ntions for Elde rly (TIE) Program m e for O lde r Pe rsons Annapurna Sche m e Fre e Le gal Aids R e bate s http://www. within the limits of its economic capacity and development. 1995 represents a significant step towards the fulfillment of the Directive Principles in Article 41 and 42 of the Constitution. death of primary bread-winner and maternity. “the State shall. to education and to public assistance in case of undeserved want.” Schemes for agedMajor schemeNational Social Assistance Programme (NSAP) The National Social Assistance Programme (NSAP) which came into effect from 15th August. social security and social insurance. make effective provision for securing the right to work.com/article/print. liability for workmen’s compensations. including conditions of work. The Programme has three components. Further. Constitution of India families.2000). Central/State undertakings. India is also a signatory to the Biwako Millennium Framework for action towards an inclusive. local authorities and other appropriate authorities is being followed in implementation of various provisions of the Act. Ministries of the Central Government. The Disability Division in the Ministry of Social Justice & Empowerment facilitates empowerment of the persons with disabilities.php?art_id=1079 13/18 .9/6/2014 Print Article : Vulnerable Groups in India .19 crore people with disabilities in India who constitute 2. the Government of India enacted “The Persons with Disabilities (Equal Opportunities. 1998”. Protection of Rights & Full Participation) Act. The earlier emphasis on medical rehabilitation has now been replaced by an emphasis on social rehabilitation. speech. involving all the Appropriate Governments i. The Act extends to whole of India except the State of Jammu and Kashmir. 13 of the Union List. India is a signatory to the Declaration on the Full Participation and Equality of People with Disabilities in the Asia Pacific Region. The Government of Jammu & Kashmir has enacted “The Persons with Disabilities (Equal Opportunities. freedom. hearing. The Constitution in the schedule of subjects lays direct responsibility of the empowerment of the persons with disabilities on the State Governments Therefore. Under Article 253 of the Constitution read with item No. in the effort to ensure equal opportunities for persons with disabilities and their full participation in nation-building. justice and dignity of all individuals and implicitly mandates an inclusive society for all including the persons with disabilities. India http://www.legalservicesindia. This includes persons with visual.com/article/print. there are 2. Schemes. locomotor and mental disabilities.e. Protection of Rights and Full Participation) Act.Seventy five per cent of persons with disabilities live in rural areas. A multi-sectoral collaborative approach. barrier free and rights based society.Status. 1995”.13 per cent of the total population. the State Governments/UTs. 49 per cent of disabled population is literate and only 34 per cent are employed. Constitution of India PERSONS WITH DISABILITIES According to the Census 2001. Disability data as per National Sample Survey Organisation (NSSO) 2002 Disability Move m e nt Se e ing He aring Spe e ch Me ntal Pe rce ntage Am ong Total Population 51% 14% 15% 10% 10% Source: National Sample Survey Organisation 2002 Constitutional Provisions for disabled persons The Constitution of India ensures equality. the primary responsibility to empower the persons with disabilities rests with the State Governments. Government schemesAssistance to Disabled Persons for Purchase/ Fitting of Aids and Appliances (ADIP Scheme) The main objective of the Scheme is to assist the needy disabled persons in procuring durable. 1. Schemes. Students with 40% or more disability whose monthly family income does not exceed Rs.php?art_id=1079 14/18 .000/. Constitution of India signed the UN Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities on 30th March. 2007. every year 500 new scholarships are awarded for pursuing post matric professional and technical courses of duration more than one year.000/-are eligible for scholarship. 10.9/6/2014 Print Article : Vulnerable Groups in India .501/. the students are reimbursed the course fee subject to a ceiling of Rs. by reducing the effects of disabilities and enhance their economic potential.500/.Status. Advertisements inviting applications for scholarships are given in leading national/regional newspapers in the month of June and also placed on the website of the Ministry. The quantum of assistance and income limit under the ADIP scheme is as follows: Total Income (i) Up to R s. 10. multiple disabilities and profound or severe hearing impairment. sophisticated and scientifically manufactured. modern. 6. Scheme of National Scholarships for Persons with Disabilities Under the Scheme of National Scholarships for Persons with Disabilities. onwards. National Institutes under this Ministry and ALIMCO (a PSU).legalservicesindia. A scholarship of Rs. India ratifies the UN Convention on Ist October. scholarship are awarded for pursuing studies from IX Std. 700/.000/. mental retardation. 700/. 2008.per month to hostellers is provided for pursuing diploma and certificate level professional courses. A scholarship or Rs. However. 6.per year.per month to day scholars and Rs. Financial assistance under the scheme is also given for computer with editing software for blind/ deaf graduate and postgraduate students pursuing professional courses and for support access software for cerebral palsied students http://www.com/article/print. the day it opened for signature. In addition to the scholarship.000/. social and psychological rehabilitation. 400/. The aids and appliances supplied under the Scheme must be ISI.to R s.pe r m onth A mount of A ssistance (i) Full cost of aid/appliance (ii) 50% of the cost of aid/appliance The scheme is implemented through implementing agencies such as the NGOs.pe r m onth (ii) R s.per month to day scholars and Rs. State Government/ UT Administrations are also requested to give wide publicity to the scheme. standard aids and appliances that can promote their physical. 15. in respect of students with cerebral palsy.per month to hostellers is provided to the students pursuing Graduate and Post Graduate level technical or professional courses. head loaders. 2001). (iii) Ali Yavar Jung National Institute for the Hearing Handicapped.Status. Dehradun (ii) National Institute for the Orthopaedically Handicapped. (vi) Institute for the Physically Handicapped. Schemes. In India. Mumbai (iv) National Institute for Mentally Handicapped. In India. services or transport sectors and are employed as casual labourers. transgender. (vii) National Institute for Empowerment of Persons with Multiple Disabilities (NIEPMD). Internal displacement arises out of ethnic conflicts. Lakh number of migrants are employed in cultivation and plantations. natural disaster etc. development projects. lesbian. In India.9/6/2014 Print Article : Vulnerable Groups in India . the following National Institutes/Apex level institutions have been setup in each major area of disability:(i) National Institute for the Visually Handicapped. construction sites and fish processing (NCRL. The rapid change of residence due to the casual nature of work excludes them from the preventive care and their working conditions in the informal work arrangements in the city debars them from access to adequate curative care. Constitution of India National Institutes/Apex Level Institutions In consonance with the policy of empowerment of persons with disabilities and in order to effectively deal with their multi dimensional problems. The Internally Displaced People are vulnerable to access government social security schemes. Chennai MIGRANTS Internal migration of poor labourers has also been on the rise in India. http://www. Those identified as gay.legalservicesindia. 2006). Secunderabad. Female migration to India constitutes 48 per cent of the total inmigration from other countries. Large numbers of migrants also work in the urban informal manufacturing construction. Cuttack. the Internally Displaced People (IDPs) deserve mention. bisexual. 1979 . rickshaw pullers and hawkers. there are a large number of international women migrants. Among the migrants who are vulnerable. (v) National Institute for Rehabilitation Training and Research. SchemesThe Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Act.com/article/print. This population is at high risk for diseases and faces reduced access to health services. the Internally Displaced People are estimated to be around 6 lakhs (IDMC. The poor migrants usually end up as casual labourers within the informal sector. SEXUAL MINORITIES Another group that faces stigma and discrimination are the sexual minorities. New Delhi. quarries.php?art_id=1079 15/18 .An Act to regulate the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith. political reasons. religious conflicts. Calcutta.4 million people migrated within the country for work purposes either to cities or areas with higher expected economic gains during the 2001 census period. 14. brick-kilns. such as kothi. individuals who are identified as having same-sex sexual preferences are ridiculed and ostracized by their own family and are left with very limited support structures and networks of community that provide them conditions of care and support. place of birth or any of them. speedy trial and privacy. human environment. Schemes. 15(1) : The State shall not discriminate against any citizen on grounds only of religion.e. Due to the dominance of heteronomous sexual relations as the only form of normal acceptable relations within the society. Only the National AIDS Prevention and Control Policy recognize sexual minority and homosexuals in the context of identifying ‘high risk behaviour’. caste. Legislative and executive measures have been taken for the effective implementation of safeguards provided under the Constitution for the protection of the interests of minorities. India has guaranteed human rights to all persons in India including the protection of minorities. They also undergo considerable amount of psychological stress. Much of the focus of governmental activity has been to improve the provision of services through grass-roots local self-governance institutions.php?art_id=1079 16/18 . But pervasive discrimination from the health providers delays or deters their health seeking. to name a few. after the departure of http://www. race. amongst males who are accessible to NGOs and who are willing to identify with categories. is usually carried out by NGOs and through ‘support groups’. OtherNational AIDS Prevention and Control Policy. (b) the six vital freedoms of citizens (including the right to speech and expression) and (c) the right to life guaranteed to all persons. Constitution of India kothi and hijra. around which support groups are structured. The surveillance amongst ‘MSM’ or men who have sex with men. Their needs and concerns are excluded from the various health policies and programmes. The Constitution of India abolished “untouchability” and forbids its practice in any form. particularly in rural areas. These rights have been recognized to be inalienable. There are also explicit and elaborate legal and administrative provisions to address caste-based discrimination in the country. India has secured their right to practice and preserve their religious and cultural beliefs as a part of the Chapter on Fundamental Rights. sex.com/article/print. India’s Supreme Court has interpreted the right to life as including the right to live with dignity. right to health. India has been deeply conscious of the need to empower the Scheduled Castes and Scheduled Tribes and is fully committed to tackle any discrimination against them at every level. India stated that at independence.9/6/2014 Print Article : Vulnerable Groups in India . the three pillars of human rights are (a) the right to equality including the prohibition of discrimination in any form. Hence they remain excluded from the process of government surveillance carried among the high risk population in the context of HIV/AIDS.Status. CONCLUSION In the Constitution of India. unalterable and part of the basic structure of the Constitution which cannot be abrogated. education. Constitutional Provisions for sexual minorities Art. India has taken an important initiative for the empowerment of women by reserving one-third of all seats for women in urban and local self-government. i.legalservicesindia. experience various forms of discrimination within the society and the health system. bringing over one million women at the grassroots level into political decision making. and it may be intentional or unintentional.htm accessed on October 8.legalservicesindia. Constitution of India the colonizers. New Delhi. Home delivery assisted by skilled birth attendants accounts for 7. are poor. Population is classified into seven fractile groups.2002-2004. deprived and socially backward. Complied by Sama Resource Group for Women and Health.e.m. including while extending India’s support to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples at the Human Rights Council and the General Assembly. # National Health Policy 2002.fao. Government of India.org/ag/wfe2005/glossary_en. (RCH-DLHS-3. atleast 3 antenatal check-ups. (RCH-DLHS-3. They have faced severe forms of human rights violation. October 2006. the percentage of home delivery is highest (59 percent). # Structural discrimination refers to rules.2002-04) # In India. 2011 at 4:21 p. Schemes.. whereas institutional delivery (public and private health institutes) accounts for only 40. They have been involved in a long struggle to abolish untouchability and caste discrimination.php?art_id=1079 17/18 . This position has been clarified on various occasions. were considered as indigenous to India.1 per cent. pg 98) # Dalits in India. Institutional delivery by background characteristics shows that only 22 per cent childbirths of Scheduled Tribes women takes place in institutions as compared to 33 per cent births to Scheduled Caste women. # Women’s Health. and at least one tetanus toxoid injection and supplementary iron in the form of iron folic acid tablets/syrups daily for 100 days as recommended by the RCH Programme.Status. Booklet for National Health Assembly II.com/article/print.5 per cent. Such discrimination may be visible or invisible. including its tribal people. 0-10 is the lowest consumption group while 90-100 is the highest consumption group. # Only 16 per cent of the women in India received all the antenatal care i. # AIR 1951 Mad 120 # 1963 AIR 649 # AIR 1993 SC 477 # AIR 1993 SC 1126 # AIR 1982 SC 1473 # 1981 AIR 2045 # 1982 AIR 879 http://www. ********************************** # http://www. # Fractile group constitutes of monthly per capita consumption expenditure (MPCE). all the people.9/6/2014 Print Article : Vulnerable Groups in India . generally accepted approaches and behaviours in institutions and other social structures that constitute obstacles for subordinate groups to the equal rights and opportunities possessed by dominant groups. norms. 2011 at 6. 2.55 p. Constitution of India # 1995 AIR 1531 # http://cira. pg. co m http://www.ohchr.m.med.disabilityindia. # http://en. # Vulnerable Groups in India by Chandrima Chatterjee an Gunjan Sheoran.com/article/print.m.yale.59 p. # http://www.m. 20.com/html/facts.php?art_id=1079 18/18 .P.wikipedia. 2011 at 6. 2011 at 6. # Vulnerable Groups in India by Chandrima Chatterjee an Gunjan Sheoran. # http://lib. CEHAT. Chanana and P.org/ accessed on October 9.10 p.oldagesolutions. Mumbai. 2011 at 9. CEHAT. 3 37 # http://www.55 p.pdf accessed on October 10. Vol.55 p. ImplicationsAsia-Pacific Population Journal.legalservicesindia.Status.org/HRBodies/UPR/Documents/Session1/IN/A_HRC_8_26_India_E. No.m The author can be reached at: me e n a ksh ia g ra w a l@le g a lse rv ice in d ia . # 1993 AIR 217 # (1991) 1 SCC 283 # (1984) 2 SCC 244 # Aging in India: Its Socioeconomic and Health: By H.00 p.disabilityindia.html October 10. 2011 at 4. Talwar.9/6/2014 Print Article : Vulnerable Groups in India . # http://www.org/Facilities/ConstProv. 2011 at 6. Mumbai.m.edu accessed on October 9.B. Schemes.m.aspx accessed on October 10.com/ and Min of Social Justice accessed on October 11.
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