CHAPTER - V

EDUCATIONAL DEVELOPMENT OF DEPRIVED CLASSES

5.1 Deprived classes in India and its policy context

In India, a large, diverse, democratic country with more than half century of

experience with constitutionally required or authorized forms of affirmative action. The

Indian constitution was conceived as a transformational instrument, designed to overcome a

feudal system of hierarchical inequality embodied in the caste system that had been nurtured

by an intermeshing of region, culture, and sociological practice. The constitution names

“untouchability” under the caste system of as the object of the prohibitions, and specifies that

“its practice in any form is forbidden” it also includes a number of provisions directed at

“private” practice of subordination, including denial of access based on caste to shops,

restaurant, drinking wells, or places of public entertainment. India is unique in its outcome

focus on numerical reservations, or quotas, for three designated groups such as the Schedule

Castes, the Schedule Tribes and the Other Backward Classes as part of the policies.

India’s policies in the area of multiculturalism began before independence. India’s

reservation system is based on earmarking a certain percentage of positions for persons

belonging to above stated socially and economically marginalized and disadvantaged groups.

The three main sectors federally regulated by the central government under these policies are

public employment, public education and legislative organization. However, despite

protection for the over 66 years, these groups continue to be significantly underrepresented in

all three sectors. There may be a variety of reasons for this under representation. But

discrimination against these sections of society is argued to be a major reason. 1

1
International Handbook on Diversity Management at work Country perspective on Diversity and equal
treatment Edited by Alans Klarfeld., Affirmative Action in India: caste-based reservations (Edward Elgar
Publishing Limited) p.139

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 By the 1920s policies for what we might now call affirmative action were in place to

ensure that minority religious groups were included in the administration of government.

While ostensibly these policies were meant to ensure harmony among all groups in the

colony, it is widely accepted today that the policies were part of the larger British strategy of

“Divide and rule” that created a new divisions or exploited existing divisions within the

indigenous community. This legacy continues to taint some of the current policies, especially

those for the dalit, adivasis, and so-called OBC Communities. Today Indian policies

addressing diversity encompass objective related to secularism, social justice, and the

development of a national identity that is inclusion of diversity. The constitution contains a

strong commitment to equality, and it seeks to develop an overarching national identity while

protecting minority identities based on the premise the strong identification with subgroups is

an important building block for identification with the nation as a whole. Yet there is concern

among many that the attention to group rights and intergroup equality has allowed for

intragroup inequality most particularly that based on caste, class, and gender.

Secularism in India, unlike the Western versions of this ideal, has meant both that

there is no official state region, and that, at least in theory, all religions are equally recognized

and valued. In practice this has been translated into several policies and practices including

recognition of a variety of religious holiday for everyone, flexible dress code in schools and

other public institutions, and parallel systems of family law based on religious principles.

While some of these measures, such as the parallel system of family law have been criticized

as violating the fundamental principle of gender equality, by and large the recognition of

multiple religions has been seen as an important component of Indian Society as well as a

contribution India can make to international discussion about interfaith understanding. At the

time of independence, social justice was defined largely in terms of groups that had long

suffered economic and social exclusions namely lower caste groups, “Outcastes,” and

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women. Policies and programmes were devised to advise what had effectively been centuries

of oppression and exclusion based on caste and gender hierarchies. A key policy instrument

for addressing social justice has been the Indian version of affirmative action, known as the

system of reservations, specific articles of the constitution mandate the achievement of

equality for dalit and adivasi communities through reservations. This means that a certain

number of positions in the public service and higher education institutions are held for

persons from the dalit and adivasis groups. While this was initially envisioned as a temporary

measure, it continues today.

Moreover, in the years since independence, the system of reservations has been

extended to include OBC Communities and women in limited ways. 2 Reservation for

members of OBC groups exist only in government employment, although there is currently

lively debate on whether this should be extended to cover institutions of higher education,

furthermore, OBC reservations have been revisited in recent years to reflect the impact of

past reservations on future generations. For example, the sons and daughters of OBC

reservation “recipients” are exempt from OBC reservations on the grounds that they no

longer suffer from the disadvantage of earlier generations. This has, of course, of course,

been met with opposition’s fame variety of groups; however it is a clear example of how

Indians policy evolves to reflect “lived experience.” In the case of women, reservations exist

for elected positions at the local levels but there are no reservations for higher education.

In addition to reservations, a bureaucratic infrastructure including a number of

agencies dedicated to addressing human right and social justice has been created to safeguard

the rights of minorities groups. The Constitution thus gave the recognition to these identities

and, rather than trying to eradicate them, sought to use them as the foundation for unified

identity. In part this was accomplished by dividing states among linguistic lines and by

2
Encyclopedia of Diversity in Education, Multicultural Education in India, (etd by) James A Banks, ( SAGE
Publications India Pvt. Ltd, 2012) p.1158

142
acknowledging several regional languages as “Scheduled” or officially recognized

languages. 3

5.1.1. Minority Groups

The support of dalit, adivasi, and OBC communities are connected with affirmative

action it should be no surprise that educational initiatives designed for these groups have been

generally linked to access. Programs and initiatives have been developed to provide more

schools and teachers in locations, where children from these communities can access them.

Some attention has also been given to developing flexible and alternative educational

programs so that children who have other responsibilities (work, child care) can continue

attend school. Policy approaches designed to address the inequality of dalit, adivasi, and OBC

groups have been criticized for a variety of reasons. The teacher who come from upper caste

backgrounds, it is argued, share the same misconceptions of and bias towards members of

marginalized groups as others in society. Without adequate attention to issues of teacher

attitude, some fear that the existing prejudices and systematic inequalities have been and will

continue to be exacerbated. In the case of adivasis children, an additional concern has been

that their languages and traditions are not valued in the class room. After the same time, there

are few real opportunities for members of minority’s communities to enter into the teaching

profession and there have not been any concerted efforts to build such capacity within

minorities’ communities.

Reservation had been used as tool to implement affirmative action before India’s

Independence in 1947. Independent India adopted the same policy framework. After the

formal adoption of the Constitution in 1950, there have been no substantive changes in the

basic affirmative action prescription. Reservation as a tool for affirmative action has been

adopted by the central government as well as the state governments. States have implemented

3
Ibid.

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reservation in educational institutions and policy organizations. Some have also have

incorporated reservation for women and certain sections of religious groups in different

spheres of activities. Since each had tailored these policies with in the constraint of its own

context, there are many variations between Indian provinces 4. The Indian Constitution grants

rights to equality for all, only three formally designated groups for affirmative action policies

the SC, ST and OBC.

5.1.2. Schedule Caste

India has one of the most stratified societies in the world, Caste, religion, gender and a

community-based difference have evolved over the past 5000 years and deeply influences

almost every aspect of Indian’s citizen public and private lives. Various efforts have been

made to address the issues that have emerged from the prevalence of this stratification,

including religious and social reform movements. However, initiatives of the government

have primarily focused on caste-based system of reservation.

The caste system of India, which is one of the major roots of socioeconomic

stratification, can be traced back thousands of years, in the Hindu religion; every person was

believed to be born into a jati or caste, which in turn belonged to a varna, Castes were

traditionally based on occupations, and being born into a caste automatically meant that the

person was to follow the profession of this forefathers. This complex system of networks,

relationships and obligations between the castes was formally known as the jajmani system,

which mimicked the monetary economy as a form of barter system. Within each village, each

caste had a role to play in providing services to the whole community in turn for services

received from others in that community,

This social structure had a four-level hierarchy based on the four varnas: the

Brahmins or priests, kshatriyas or the warriors and aristocrats, Vaisyas or the merchants and

4
Supra note 1.

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Sudras or the peasants, laborers and servants. The dalit or the untouchables, who are now

referred to as SCs, were in fact the ‘outcastes’ who were excluded from this hierarchy as they

did the most ‘dirty’ jobs or janitorial services. The religious and social beliefs value based on

the caste have continued in the daily lives of most Indians, especially the rural areas where

the SCs are often prohibited by higher caste-members from entering holy temples, using the

community watering well, and participating in village festivals, because of their unclean

profession. Over the years many dalit converted to other religions to escape this persecution,

yet the social stigma of the SC label remained embedded in their treatment within other

religions despite the conversion. Therefore, while the origins of the caste system can be

treated Hindu practices, today the caste system is an ‘Indian’ problem as it influences

treatment across religions, including Islam, Sikhism, Buddhism, and Christianity that

formally do not recognize caste

Recognizing the disadvantage of the SC communities based on centuries of exclusion,

the Constitution of India provides for reservation of 15 percent in central government jobs

and central government and supported educational institutions of higher learning. Also, a

proportion of the seats in the legislative organizations in the states and at the central level

have been reserved to members of this segment of society. Interestingly, while Sikhs and

Buddhists who earlier belonged to the SCs benefit from reservation, there is no provision for

reservation for those who practice Christianity and Islam. More recently, Muslims from

‘lower castes’ primarily in the state of Bihar, Uttar Pradesh and Andhra Pradesh, and

Christians in the State of Tamil Nadu have been provided with reservation protection under

the legislation but not yet under Central legislation.

5.1.3. Other Backward Classes (OBC)

The Mandal Commission considered four social, three educational, and four economic

indicators, and included 3743 castes, which, in their estimate, constituted 52 percent of Indian

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population of OBC. Despite the overt commitment to root out the evils of the caste system,

the basic approach of the Mandal Commission towards the definition of OBC remained caste-

based, regardless of the apparent use of multiple criteria. Further, the definition of OBC

included non-Hindu populations.

India was a country of highly rigid caste-based hierarchal structure, with ascending

order of privileges and descending order of disabilities that operated for about 3000 years.

There was an overwhelming majority of disadvantaged groups. After achieving independence

from the British in later 1940s India became a democratic and egalitarian nation. It was

imperative at that point to establish a code for the political, economic, and social structure.

The Constitution, established in 1950, endeavoured to do the same. The social, economic and

political development of the disadvantaged groups and their assimilation with the larger

section of society was a matter of great inevitability especially for the development of an

egalitarian society. Our Constitution architects were aware that it is only education which will

bring them at par with the rest of society. Education was considered to be an important

developmental right. In fact, these concerns have been woven into the very fabric of the

India’s Constitution and are contained in the Preamble, Fundamental Rights and the Directive

Principles of State Policy. Article 46 calls for the promotion of the educational and economic

interests of the weaker sections of the people, and in particular, of the Scheduled Castes

according to the commitment enshrined in the Constitution. Specific provisions have been

made in several articles of the Constitution for realization of promise made in the Directive

Principle so as to improve the social, economic and educational status of the disadvantaged

groups. These ideals enshrined in the Constitution of India have been sought to be converted

into reality through various legislative, administrative and judicial measures over the last five

decades. These measures have no doubt brought about socio, economic and political changes

and more importantly, they have brought in a sense of awareness amongst the disadvantaged

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groups, who had been neglected since time immemorial, whose existence was often wretched

and desolate.

These victims of deep-rooted backwardness comprising the present Schedule Castes,

Scheduled Tribes, Other Backward Classes and Women etc., still are backward socially,

economically, educationally, and politically. Although these classes are generically

“Backward Classes” yet the nature and magnitude of their backwardness is not the same.

Currently, India has completed six decades of its existence as a free and democratic nation,

committed to secure to all its citizens social, economic and political justice.

The ‘Scheduled Caste’ 5 population is unique to India and the basis of their

discrimination, segregation is not because of religion, language, sex or race which is the

common grounds for discriminatory treatment in most parts of the world, rather it was caste

or birth that imposed on them untouchables. In the past, Schedule Caste have been socially

ostracized, economically exploited and denied human dignity and a sense of self-worth.

Hence, they are the victims of literacy, social isolation and slavish tendencies for centuries,

5.1.4. Tribal Education and Development

Tribal populations are universal, more like the ‘indigenous’ or ‘native people’ in other

parts of the world. In India, they referred to as adivasis, vanbasis, tribes, or tribal’s)

represents one of the most economically impoverished and marginalized groups. The

‘Schedule Tribes’ are not discriminated in the same way by the mainstream Hindu population

as the ‘Schedule Caste’ population in India. The latter group belongs to the lowest hierarchy

of social order and is often considered impure or unclean, while the Scheduled Tribes have,

for the most part, been socially distanced and living outside the mainstream Hindu society.

In the scientific world the village people would not be neglected without the

knowledge of science. The primary education should be imparted with most fundamental
5
Schedule caste is an official governmental designation created in 1935 when a list or schedule was created for
castes that qualified for special representation or governmental benefits.

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scientific agricultural system. They have to know irrigation, mechanized farming, hydro-

electric engineering and ne planning. Their scientific knowledge will be based on the modern

method of development, which is being done throughout the western world. The rural people

need not go into details of the subjects. Their knowledge is sufficient if they know the

analytical method.

The presumption seems to be that the tribes are relic of the past and that it is only a

matter of time until they are integrated with the mainstream. 6 Over the years, the education of

the tribal community and their children has been overlooked in one of the other way. Tribal

community like any other community has aspirations is barely on the surface and depth of

dreadful poverty in which they continue to languish and live. Overcoming these gaps between

the quality of life and dearth of basic human amenities appeals the central part of exercise of

the development. 7

India’s educational system is not yet improved in the rural areas. The village schools

should not be compared with the same status with the urban educational standard. In England

under the Education Act of 1944 the schools are divided as follows.

1. Nursery School: the Nursery school the local authorities are provided where need is

required. Here the infant begin their study from the age two to five.

2. Secondary school: At the age of eleven each child is considered for admission to one

of the following three types secondary schools:

 In Grammar School, the studious boys are eligible for admission.

 In Technical High School, the child with particular interest in practical pursuits,

practical scientist, commercial executives, etc.

 In Modern School, exclusive for the bulk of children who have no special

aptitudes and whose future employment will for the most part demand little

6
Jean Dreze, Tribal Development in India, (SAGE. Publications, New Delhi, 2006) p.12
7
Amartya Sen In Preface, Development as Freedom, (Oxford University Press New Delhi, 1999)

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 technical skill or knowledge. The school aims particularly at developing the

child’s natural interests not equipping him to lead a happy and useful life not

only at his work but his leisure time. Hobbies, homemaking and an

understanding of the locality, generally figure prominently in the curriculum.

The British Educational system has been recognized throughout the world. There is

still lack of progress in the under developed countries. If modern educationists want to

overthrow the illiteracy, then they will have to adopt the British Educational system as far as

practicable which enables them to stand on the same platform of the civilized countries. It

may be criticized for our national growth. The founders of schools, teachers and enterprise

are following their traditional religious dogma for which the progress in being deterred. They

do not know about the educational system by which the rural people would be developed.

The school buildings of the rural areas in India are situated in a very unhealthy

atmosphere. The mud houses, small doors and windows are not only unsanitary but they

suffocate the greater intellectual progress. The school building depends on the economic and

social conditions of the community. There should be open air education in the villages which

is not costly.

The educational developments are impeded by lack of teachers. There are not

properly trained. Also the teachers could not employ themselves wholeheartedly for want of

money. The young teachers do not get encouragement from the authorities concerned. It is a

pity no one could try to ameliorate the condition of their poverty. In the past the village

teachers were treated with respect. Now they have no position in the villages.

The most intricate problem of education is social entanglement of the children who

are much engaged in their domestic duties. At the time of agricultural season they engage

themselves in the field with their parents. In other seasons they help in household duties.

When the agricultural season is over then most of the cultivators are used to engage in fish-

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netting, spinning and weaving and other cottage industries. The children who receive

education at the primary age are being reabsorbed into a large illiterate community. They

could not per sue further studies. In the advance countries the education for children is

ensured from the early age but still the adults of this country are in the dark. The children are

required to be trained to be helpful in their domestic works. Their education should be free

remunerative energetic by which they can realize the educational values. The children are

entirely dependable on the teachers. So they should be properly remunerated so that under no

circumstances the teachers will be in trouble and turmoil.

By 1977-78 formal education expanded in to “a gigantic structure with about 7 Lakh

educational institutions, 100 million students’ more than 3.5 million teachers, and an

expenditure of about Rs.25000 million which is next only to that on defence.” 8 But the

inequity of the system as yet remains to be redressed. Illiteracy is still near 60 percent; of the

80 percent of children who enroll in school half drop out by Standard, V, three quarters by

standard VIII, 15 percent reach standard XII and one percent the first degree; in short the

systems “entire system ethos is oriented to the needs and aspirations of the upper and middle

classes.” 9 The National Policy on Education in 1986, and the Ramamurthy Commission’s

report “Towards an Enlightened and Humane Society”, have yet to make any perceptible

change in this ethos. They one further accentuate the chasm between policy and practice.

The tribal India constitutes eight percent of the total population of the country and

about ten percent of the rural population. Twenty-two of the twenty-six Indian states have

about 90 percent of the tribal population. The undivided Madhya Pradesh has the largest

number of Schedule tribes followed by Orissa and Jharkhand. Largest proportion of the tribal

population of the total population is found in Lakshadweep (93.82 %) and Mizoram (93.5%)

followed by Nagaland (83.99%) and Meghalaya (80.58%). There are 573 Scheduled Tribes

8
J.P. Naik, The Indian Education Commission and After, (Allied Publications, New .Delhi, 1982) p.169-170
9
Ibid.

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living in India mostly belonging to the Negrito, Australoid and Mongoloid racial stocks.

There are more than 270 tribal spoken languages in India and hardly having writing scripts 10

5.2. Reservation for disadvantage groups under other Statutes

The term “Schedule Caste” is defined in clause (d) (b) 11 of Sec.2 of the Protection of

Civil Rights Act, 1955. Clause 2(e). In rural India, the Dalits are still treated as untouchables;

they continue to live separately from the village. Their relationship with the caste Hindus

remains to be almost the same. In all public functions, festivals and ceremonies they are

usually kept at a distance, even in tea stalls untouchability practiced.

5.2.1. Educational aspect of Schedule Caste Atrocity

Commission of atrocity also affects adversely, the educational progress not only of

the victim but also of his family members. In case, the victim is acquiring education by

himself, then commission of atrocities on him, hampers his education directly by bodily pain,

infirmity and financial loss. If his family members are acquiring education, then, their

education suffers adversely, because inability of the victim to help them due to his bodily

injuries, bodily and mental pain, infirmity, loss of mental peace, earnings and financial

damages, he suffered in the commission of atrocity.

5.2.2. Social aspect of Atrocity

Not only has the victim of atrocity but also society at large, particularly, the persons

who are caste men of the victim suffered both by mental pain and sense of insecurity. The

status and reputation on the victim is lowered in the society. His caste men also feel insulted

and humiliated. Their reputation also goes down in the society. This generates caste feeling,

which disintegrate the society and divide them on caste.

10 Indian Education Report, 2002

11
“Schedule Castes” has the meaning assigned to it in clause (24) of Article 366 of the Constitution

151
5.2.3. Causes of Illiteracy

Due to inhibition of caste, prejudice and untouchability and other kinds of social

disabilities, the SCs were not allowed to get even a glimpse of education in the pre-

independence period. This has resulted in the educational inequality and educational

backwardness of the Schedule Caste. Till recently most of the parents of Schedule Caste and

Schedule Tribes boys and girls had no interest in sending them school. In rural areas it is true

with girls as the parents have to work on the farms of landlords, and the girls have to look

after the domestic matters. 12

In the year 1931 the rate of literacy of Schedule Caste was as low 1.9 percent. It rose

to 0.7 percent in the year 1951. 14.67 percent in the year 1971, 21.38 percent in the year

1981. 13 The SCs are still far behind the general population in educational accomplishments.

The denial of education to the Schedule Castes has resulted into illiteracy. Due to

illiteracy, ignorance crippled into them and they become educationally backward and

dependent on others which made them vulnerable to the atrocities.

The great social reformer, Mahatma Jotirao Phooley nicely narrated correlation of

illiteracy and atrocities in following line.

For want of education, their intellect deteriorated;

For want of intellect, their morality decayed;

For want of morality, their progress stopped;

All their sorrows sprang from illiteracy. 14

5.2.4. Causes of Atrocities: Poverty, Economic Dependence or Backwardness

Most of the SCs are poor, the SCs and STs constitute the bulk of the poorest sections

of the populations. Majority of them are without land or other productive assets. The poverty

12
Vakil, A.K., Reservation Policy and Schedule Caste in India (1985) p.131
13
14th Report of the Committee on the Welfare of Scheduled Caste and Scheduled Tribes (Fourth Lok Sabha),
4,91 and 92 (1970)
14
Keer, D., Mahatma Jotirao, Phooley, The Father of our Social Revolution, (1964) p. 23

152
of SCs arises predominantly from their positions in the productive process. Their main

occupation is agriculture in seasonal basis. So, most of these are dependent, in some way or

other, on agriculture, the incidence of poverty is higher in rural than urban areas. Vast

numbers of them live bonded conditions, which varied only marginally from the status of

slavery. They are unfreeze in the sense that they lacked that the right as well as the practical

power to leave the family for whom they were perpetually

5.3. Education for Other Backward Classes (OBC)

The British foreigners did not deny the sons of the soil education like the Brahmins.

The truth is only after the (British) came to India, they started the rules by which the

OBC/SC/ST were permitted to get education, imagine the guts of these nomads make laws

and rules and say we should not

The problem of Backward class, vis., “The Schedule Caste,” “The Schedule Tribes,”

“Other Backward Classes,” and “Denotified Communities,” has arisen chiefly from the social

structure of Hindu Society, Hence a brief review of caste system from different angles is

imperative. A caste in India is fairly definable as an endogamous group or even as a

collection of endogamous groups bearing a common name, whose members follow

traditionally a single occupation or certain cognate occupations, have by fact or fiction a

common origin and are generally deemed to form a homogeneous unit, whose constituent

parts are more closely allied to one another than to any other section of society. 15 The

transformation of the caste system starting with the Indian Constitution, an increasing interest

has been shown for helping the lower orders of the caste lower orders of the caste hierarchy.

The downtrodden sections familiarly known as “backward classes” received special attention

of the constitution makers. The upliftment of these sections has been recognized as important

responsibility of the government. The circumstances necessitating the incorporation of certain

15
Encyclopedia Britannica, 11th Edn, Vol.4, (1910) p.977

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articles in the constitution for backward classes have been explained by Dr. B. R. Ambedkar,

the Chairman of the Drafting Committee, stated: “The Indian Constitution must provide

safeguards to prevent castes ‘with their own interests’ from doing mischief of other helpless

castes.” 16 He further explained the purpose behind this constitutional safeguard.

Where the spirit which actuates the various social groups is only non-social, their

existence may not be taken into account in framing a constitution. There is no cause for

danger in a group which is only non-social. But where a group is actuated by an antisocial

spirit towards another and to which alien is synonymous with enemy, the fact must be taken

into account in framing the constitution and the class which has been the victim of antisocial

spirit must be given by the proper safeguards. 17

Independent India has realized that freedom would be futile if the fruits of freedom

are not equally shared by all sections of society. The democratic ideal emphasizes a footing

of equality for all citizens irrespective of their caste affiliations. The aim is to bring about

radical social and economic changes, to correct the imbalance in society caused by the caste

structure.

The aim is reflected in the preamble, the term justice is currently used into two senses:

as representing, on the one hand, the faithful realization of existing law as against any

arbitrary infraction of it; and as representing, on the other, the other element in all law-the

‘idea’ which the law tends to sub serve 18

“Liberty may be defined as affirmation by an individual or group of his or it own

essence. 19 Liberty means therefore freedom, the negation of license. Article 19 deals

elaborately with the freedoms granted by the constitution. Liberty sounds very significant in

the sense that, after centuries of foreign domination in the country, citizens cherish the idea of

16
B.R.Ambedkar, What Congress and Gandhi have Done to Untouchables,(Thacker and Comp., Bombay
1946) p.193-194
17
Ibid.
18
Georges Gurvitch, Encyclopedia of the Social Sciences, Vol. 8, (1949) p.509
19
Harold J. Laski, Encyclopedia of the Social Sciences, Vol. 9, (1949) p.444

154
liberty. But mere cherishing of liberty would be meaningless if it does not cater to the full

fledged development of the individual and the nation. As Nehru remarked, “Civil liberty is

not merely for us an airy doctrine or a pious wish, but something which we consider essential

for the orderly development and progress of nation.” 20

Similarly “equality,” the keynote of democratic institutions, is assured under Article

14 of the Indian Constitution. Equality does not mean the leveling down of people, but only

an equal treatment of citizens in the enjoyment of rights.

“Fraternity” postulates human values by respecting the dignity of human personality.

Article 17 of the Constitution refers to the “Abolition of untouchability”, is an illustration of

the advocacy of the concept of fraternity.

Part III of the constitutional guarantees a series of fundamental rights to the citizens.

Hence specific provisions made have been made to safeguard the special rights and interests

of backward classes; Part IV contains the Directive Principles of State Policy, wherein a

mention has also been made for protecting weaker sections of society. Part IV of the

Constitution deals with special provisions for Backward Classes.

In Kathi Raning Rawat Vs. The State of Maharashtra 21, the concept of equality has

been further interpreted by B.K. Mukherjee, J., that Equality prescribed by the constitution

would not be violated if the statue operates equally on all persons who are included in the

group, and classification is not arbitrary or capricious, but bears a reasonable relation to the

objective which the legislation has in view. 22 Equality is further guaranteed in Article 15(4) 23

Nothing in this Article or in clause (2) of Article 29 shall prevent the state from making any

20
Jawaharlal Nehru, The Unity of India, (1948) p.67
21
AIR 1952 SCR 435
22
AIR. 1952, P.S.C.85 Vol.39, para. 35
23
Clause (4) has been incorporated by the Constitution (First Amendment) Act, 1951. The keynote of this clause
is to ensure the reservation of seats for backward classes in educational institutions. Without the incorporation
of this clause (1) of Article 15 would be contradiction in terms.

155
provision for the advancement of any socially and educationally backward classes of citizens

or for the Scheduled castes and schedule tribes.

Transforming India into an egalitarian society and strengthening its unity and integrity

will remain a myth as long as the widening gap between the attitude of the rich and the low

towards Education development of Disadvantaged Group-myth Castes, and the religious and

ethnic majorities and the minorities towards each other is not changed significantly for the

better. Such change in people’s attitude cannot be brought about overnight. Centuries old

cast and religious practices which have got engrained in their social-cultural milieu cannot be

up-rooted so easily, it is a long term process but it is imperative. To bring all those who are

considered the socially and economically backward on par with the rest of the society; it is a

must that they should be assisted in all possible ways. Education which can accelerate

amongst them the process not only of concretization but also of becoming economically

independent should be made accessible to everybody. 24

In the Indian context, over a period of time the term backward class was a synonym

for untouchables. The term backward classes first acquired a technical meaning in the

princely state of Mysore. Preferential recruitment of backward communities was instituted in

1921 and they were defined as all communities other than Brahmins, who are not adequately

represented in the public service. In 1928, the Hertzog committee defined backward classes

in their glossary as ‘castes or classes which are educationally backward. They include the

depressed classes, aboriginals, hill tribes and criminal tribes. Thus, the concept of reservation

was introduced during the last decades of the 19th century at a time when the subcontinent

could be broadly divided according to two main forms of governance British India and the

600 princely states. Some of these states were progressive and eager to modernize though the

promotion of education and industry and by maintaining unity among their own people.

24
Ramaiah A. “Identifying Other Backward Classes”, Economic and Political Weekly, (1992) p. 1203-1207

156
 Mysore in South India and Baroda and Kolhapur in western India took considerable interest

in awakening and advancement of the minorities and deprived sections of the society by

implementing reservations policies. 25

5.4. Constitutional Safeguards

Rigidity and stratification have been the unique characteristic of social structure in

India for several centuries in the past and a significant and sizeable population was denied

vertical mobility in social, occupational, educational and economic status. Realizing this

malaise, founding father of the Indian Constitution provided adequate protection to these

deprived classes of society as they wanted to minimize inequalities in status and to provide

facilities and opportunities not only among individuals means of livelihood and their

education and economic interest are protected. For this, Articles 14, 15, 16, 17, 23, 24, 38, 39-

a, 41 and 46 were added to the constitution.26

Article 46 states that state shall promote with special care the educational and

economic interest of the weaker sections 27 of the people, and , in particular, of the Scheduled

Caste and the Scheduled Tribes and shall protect them from social injustice and all forms of

exploitation. Though the Constitution does not make specific provisions for OBCs, it

empowers the state to make provisions for reservation in appointments or posts in favour of

any backward class of citizens which, in the opinion of the state, is not adequately

represented in services under the state. Article 16 (4) is the original provision of the Indian

constitution where word ‘Backward Class’ has been used, whereas Article 15 (4)5 was added

25
Ibid.
26
Singh S.K. Concept of Creamy Layer in Backward Class reservation under Indian Constitution. .AIR Journal
(2000) p.157
27
’Weaker sections of the people ‘is wider than the expression ‘backward class of citizens’ or SEBCs or SCs and
STs. It connotes all section of the society who are rendered weak due to various causes including poverty and
natural and physical handicaps. as observed in Indrasawhney Vs. Union of India (The Mandal Commission
Case )AIR 1993 Article read the right of development in this Article read with Article 21,38 and 39 Samatha
Vs. State of Andhra Pradesh (1997) 8 SCC 191. as cited in ‘Singh M.P, V.N. Shukla ‘s Constitution of India,
(Eastern Book Company, Lucknow) p.311

157
by the Constitution (First Amendment) Act 1951. In Article 15(4) 28 the world ‘socially and

educationally backward classes’ of citizens or for the Scheduled Castes or the Scheduled

Tribes’ has been used. 29 Here, ‘Backward Classes’ should be interpreted by applying the

principle of ‘Ejusdem Generis’. In 2005, a new sub clause (5) was inserted to Article 15 by

the Constitution (Ninety-third Amendment) Act, 2005 enabling the object to help the

backward classes, had fixed the proportion of students of each community that could be

admitted into the state medical and engineering colleges. The State shall make any special

provision for the advancement of ‘any socially or educationally backward classes, or for the

SC or the ST, to their admission to the educational institutions.’30 This Amendment was

clearly intended to bring all private institutions, whether aided or unaided, under the purview

of the Government’s policies on reservation and fee structure, it has also quietly achieved

much more than that by widening the scope of the Amendment Act to specifically include the

term ‘admission to educational institutions.

The Constitution also empowers the state to appoint a commission to investigate into

the condition of socially and educationally backward classes under Article 340 whose reports

and recommendations, it was thought, would be of assistance to the authorities concerned to

take adequate steps for the advancement of Backward Classes but it would be erroneous to

assume that the appointment of the Commission and the subsequent steps that were to follow

constituted a condition precedent to any action being taken under Article 15(4). Besides, it

may be noticed that Article 340(1) provides that the commission must recommend the steps

28
Clause (4) was added by Constitution (First Amendment) Act, 1951, as a result of the decision of the
Supermen Court in. Champakam Dorairajan Case AIR 1951 SC 226. In that case that court struck down the
communal G.O. of the Madras Government which, with the object to help the backward classes, had fixed the
proportion of students of each community that could be admitted into the state medical and engineering
colleges.
29Article 15 of the constitution, as it was originally framed in 1950 did not include the term “admission to

educational institution” Article 15, was first amended by the constitution (First Amendment) Act, 1951
enacted on June 18, 1951. This Amendment mentions “educational advancement”, it dose not use the term
“admission to educational institution.” Article 15(3) and (4) are suitably amplified by Article 46.
30
.The term “admission to educational institutions” has been inserted in the 93rd Amendment but “education
institutions” has been left undefined.

158
that should be taken by the Union, or any State, inter alia, to improve the conditions of

backward classes. This means that the recommendations are to be made to the Union or State

Governments, as the case may be, who may implement them at their discretion. 31

Despite the fact that the term ‘Backward Class’ has appeared more than once in the

Constitution of India, in has not been defined clearly in the Constitution. Thus there was a

need to determine backwardness by means of adopting suitable criteria and identify all those

who come under the backward class category. Using this power Government gave 22.5 per

cent reservation to the communities who were members of the ‘Sure Caste’ which was

located below the three upper castes (Brahmins, Kshatriyas and Vasishyas) and were

outcastes (Panchamas) referred to as Scheduled Castes and Scheduled Tribes in the

Constitution. This act of the Government was not much opposed by the other communities

and rather welcomed as a goodwill gesture to their brothers who had suffered centuries of

discrimination and disadvantages. Voices were raised from time to time by section of

members inside parliament to give reservations to other Backward classes of persons except
32
those referred above.

5.4.1. Commissions for Backward Classes

Kalelkar Commission (1953)

The Constitution of independent India contained numerous provisions for Schedule

Castes and Scheduled Tribes and economically weaker to bring them in main stream. The

Other Backward classes too had high hopes of acquiring benefits in educational institutions

and job reservation i.e., in recruitment and promotion in job like SCs and STs under the new

Constitution of their Republic. But to their surprise they got only a promise of help (in the

form of Article 340), when the article was drafted, the OBCs had no clear case for being

helped; they did not suffer from social injustice, or denial in national life; but if any such

31
M.R.Balaji Vs. State of Mysore, AIR 1963 SC 649
32
Supra note 26

159
eventually occurred to them in future, then the President of The Union would take care of

them. Of course, this was a setback to the OBCs. Non-Recognition of OBCs in the

constitution led these people to form an All-India Backward Classes Federation which came

in to existence on 26th January 1950. The first Backward Classes Commission was set up by

a presidential order under Article 340 of the Constitution of India on January 29th 1953. The

First National Level Commission, popularly known as Backward Classes Commission or the

Kalelkar Commission 33 to investigate the conditions of socially and educationally backward

classes within the territory of India and the difficulties under which they labour and to make

recommendations to remove the difficulties and to improve their conditions. It had prepared a

list of 2,399 backward castes or communities for the entire country and of which 837 had

been classified as the “Most Backward”. The commission in its final report recommended

“caste as the criteria “to determine backwardness. No action could be taken on the

recommendation primarily for the reason that there was a sharp division among the members

on the criterion of backwardness. The majority of the Commission made castes as the criteria

of backwardness. 34 But this report was not accepted by the government as it wanted economic

criteria and feared that the backward classes excluded from the castes and communities

selected by the commission may not be considered and the really needy would be swamped

by the multitude and would hardly receive special attention. Some of the most notable

recommendations of the commission were:

 Undertaking castes-wise enumeration of population in the census of 1961;

 Relating social backwardness of a class to its low position in the traditional caste

hierarchy of India society;

 Treating all women as a class as “backward”.

33
M.L.Mathur, Encyclopedia of Backward Castes, (Kalpaz Publications,2004) p.69
34
Shukla, V.N. Constitution of India, revises by M. P. Singh,( Eastern Book Company, Lucknow. 2006) p.824

160
  Reservation of 70 per cent seats in all technical and professional institution for

qualified students of backward classes.

Mandal Commission (1978)

The second backward class commission known as Mandal Commission 35 was

appointed in the year 1978, by the Central Government to determine the criteria for defining

the socially and educationally backward classes; to recommend steps to be taken for the

advancement of the socially and educationally backward classes of citizens so identified; and

to examine the desirability or otherwise of making provision for the reservation of

appointment or posts in favour of such backward classes of citizens which are not adequately

represented in public services and posts in connection with the affairs of the Union or of any

State. The Commission recommended 27 per cent reservation in favour of Other Backward

Class in addition to 22.5 per cent already existing in favour of Scheduled Castes and

Scheduled Tribes in the Central and State government services and in public undertaking and

education institution. It was emphasized in the report that reservation of this order along will

meet the ends of social justice although in terms of their population the backward classes

deserve a higher quota of reservation. The Commission identified 3474 castes both Hindu and

non-Hindus for the purpose of representation in government and other services, while

admitting that a few thousand government jobs for these castes would not bring about their

socio-economic emancipation.

 Candidates belonging to backward classes recruited on the basis of merit in open

competition should not be adjusted against their reservation quota of 27 per cent.

 The above reservation should also be made applicable to promotion quota at all levels.

 The reserved quota remaining unfulfilled should be carried forward for three year and

de-reserved thereafter.

35
Supra Note 33

161
  Relaxation in the upper age limit for direct recruitment should be extended to these

classes in the same manner as for SC and ST.

 The roster system for each category of posts should be adopted by the concerned

authorities as being done for SC and ST.

The Commission said that all ‘private sector undertaking’ which receive financial

assistance from the government in one form or the other should also be obliged to recruit

personnel on this basis. All Universities and affiliated Colleges should also be covered by this

scheme of reservation. Although education is considered an important factor to bring a

desired social change, “educational reform” was not within the terms of reference of this

commission. To promote literacy the following measures were suggested:

 An intensive time-bound programme for adult education should be launched in

selected pockets with high concentration of OBC population;

 Residential schools should be set up in these areas for backward class students to

provide a climate especially conducive to serious studies. All facilities in these

schools including board and lodging should be provided free of cost to attract

students from poor and backward homes;

 Separate hostels for OBC with above facilities will have to be provided;

 Vocational training was considered imperative;

 It was recommended that seats should be reserved for OBC students in all scientific,

technical and professional institution run by the central as well as state governments.

The quantum of reservation should be the same as in the government services, i.e.,
36
27 per cent.

36
Supra Note 24

162
5.4.2. Population Profile

The second Backward Classes Commission in 1980 was headed by B.P Mandal,

basing its calculation on the census of 1981, estimated that OBCs constituted 52% of

the population .Recently the NSSO 37 report gave on estimated of OBC wise data on

population as well as vital and demographic variables and not available, which is the main

hurdle in the formulation of policies and programmes for the development of the other

Backward Classes

5.4.3. Reservation for Other Backward Classes

In pursuance of the Supreme Court Judgment, Indira Sawhney and Other Vs. Union of

India 38 The National Commission for Backward Classes was set up on 14 August 1993 under

the National Commission for Backward Classes Act, 1993. Thus, after 46 years of

independence of the country, the backward classes or OBCs got recognition as a separate

group of people for the purpose of 27% reservation on services in the Government of India

and public sector undertaking. The States and Union Territories were free to decide the

quantum of reservation based on the OBC population in their state/Union Territories. All

state Governments/ Union Territories Administrations were also directed by the Supreme

Court of India in the same case to set up a permanent body and to draw up their own list and

decide the quantum of reservation as per their demography.

The Central Government of India classifies some of its citizens based on their social

and economic condition as Scheduled Caste, Scheduled Tribe and Other Backward Class.

The OBC list presented by the commission is dynamic and will change from time to time

depending on Social, Education and Economic Factors. For example, the OBCs are entitled to

27% reservations in higher education. In the Constitution, OBCs are described as ‘socially

37
61st Round, Report on Employment and Unemployment Situation among social Groups in India, July 2004 to
June, 2005
38
1992 Supp (3) SCC 217

163
and educationally backward classes’, and government is enjoined to ensure their social and

education development.

Until 1985, the affairs of Backward Classes were looked after by the Backward

Classes Cell on the creation of a separate Ministry of Welfare in 1985 (renamed as ministry

of Social Justice and Empowerment on 25th May 1998) the matters relating to Scheduled

Tribes, Other Backward Classes and Minorities were transferred to the new Ministry. The

Backward Classes Division in the ministry looks after the policy, planning and

implementation of programmes relating to two institutions set up for the welfare of OBCs:

National Backward Classes Finance and Development Corporation (NBCFDC) and the

National Commission for Backward Classes (NCBC).

In Ashoka Kumar Thakur Vs. Union of India 39 the Court held that the 1981 census

could not be determinative factor for identifying the OBCs for the purpose of providing

reservation. The court also observed, “Reservation cannot be permanent 40 and appear to

perpetuate Backwards”. The Apex Court upheld the Government’s move for initiating 27%

OBC quotas in Government funded institutions. The Court has categorically reiterated its

prior stand that Creamy layer 41 should be excluded from the ambit of reservation policy and

private institutions are also not to be included in. Several criteria to identify creamy layer has

been recommended. Such as: those with family income above Rs 250,000 a year should be in

creamy layer, and excluded from the reservation quota. Also, children of doctors, engineers,

chartered accountants, actors, consultants, media professionals. Writers, bureaucrats, defence

officers of colonel and equivalent rank or higher, high court and Supreme Court judges, all

central has state government Class A and B officials. The court has requested Parliament to

exclude MPs ‘and MLAs‘ children, too.

39
(2008) 6 SCC 1 p.561
40
Indra Sawhney & Others Vs. Union of India & Others. (1992) Supp (3) SCC 217, para 520, as per Sawant, J
as cited in Ashoka Kumar Thakur Vs. Union of India (2008) 6 SCC 1 p.561
41
Supra note 39. p.575

164
5.5. Education for Women

To awaken the people, it is the woman who must be awakened, once she is on the

move, the family moves and the nation moves”. Women over the years have had to face the

worst form of humiliation and discrimination from those quarters which were once

considered a safe heaven for them. Women constitute half of the world’s population but

continued to be deprived of the opportunities for equality in development. Despite their

contribution in primary sector, they were not viewed as being within the production system or

being the economic contributor to their families. As a result, the role of women in the primary

activities and rural economy has been marginalized even though they have been involved in

more labour intensive work. Due to socio-economic constraints, women’s potential for

development remained far from fully utilized and they have been pushed further back into the

social hierarchical system.

The indicator of women shows a pathetic picture despite all the rhetoric. The sex ratio

in the 1991 census is 927 females to 1000 males, a deficiency of females in the population

that defeats the biological superiority of the human female. Life expectancy of female is 57.7

years to 58.1 for males. Death of young girls exceeded those of boys 1/3rd of million every

year. Every sixth infant death is due discrimination. One hundred and twenty thousand

women die in child birth every year. Morbidity including diseases relating to reproductive

functions and organs are at alarming levels. While the official age at marriage is 18 only 19.5

percent of women are married at above this. 42

Rural women 43 are subjected to some constraints which impose limitations on their

potential to play their role effectively. Women are in principle, treated as an equal partner but

when it comes to major decisions; it is the male who mostly has the final say with the women

42
Subhash C. Parida & Sasmita Nayak, Empowernment of Women in India, (Northern Book Centre, 2009)
p.227
43
Mazhar Ali Sabri, Participation of Women in Socio-Economic Development – A Scenario, (Kurushetra,
Dec.1998)

165
having to accept a subservient status. In rural areas, women have a low rate of literacy and

education which in turn effects the attitude men and the women’s consciousness of their own

rights and privileges dictates a lower status for the females.

Indian women have made great strides bringing honour for the nation in every

possible field. It speaks eloquently of their calibre and readiness for effective empowerment.

But, at every crucial juncture solutions have been thwarted on account of prejudices and lack

of political will. The nation has to realise that the rewards of freedom have been enjoyed by

men as their personal legacy for too long and it is time for women to be allowed some share

of it. With selfish interest, efforts are on by fair means or foul to scuffle this legislation giving

30% reservation of women. The several world of men in which we live may not be too in

hospitable to equity, fair-play, merit of justice, and can take this kind of progress only in

small does but sheer decency would demand a halt to further procrastination. 44

Women represent more than half of the world’s population and constitute 48 percent

of the India‘s population. Vast majority of them are engaged in work that contributes vastly

to the life and wealth of the nations but viewed as unproductive by government statistics,

economists and development experts and conferred secondary status in the decision making

process. They are subjected to discrimination in every walk of life. The discrimination

against them is deeply rooted is society's overall perception. Its seeds can be traced back to

ancient Hindu Civilization. As our society has a history of denying opportunities for women

to seek knowledge, the past has been a dark, gloomy period of ignorance and illiteracy for

women preventing them from utilizing opportunities for empowerment. Although there are

also reference of equal status and right that women enjoyed in the Vedic period. There is

reference of thirty Rig Vedic women Rishis.

44
Supra note 42 p. 3

166
 The subordinate position and discriminatory status on the basis of gender prevails

through the millennia, irrespective of country, culture, society and civilization. This is not

confined to a particular country or to India alone, while consequences and cause may vary

from country to country. The gender disparity is due to various factors- traditional mindsets,

the biological role and responsibilities of women as mothers. Yet in many imperceptible,

unrewarded ways women contribute significantly to the economic well-being of the family,

and take on the double or triple burden of home making, work outside home and fighting

male prejudices. Because of this socio-economic situation, the education of girls and women

always lagged behind their male counterparts.

It is only through education that women can realize their capabilities in the true sense

and contribute in national development at the same time. Education is not merely a means for

better income and employment, opportunities for individuals but also for higher economic

growth potential for their nations. The social benefits of education spread in many directions.

Women education leads to better health care, smaller family norms, greater community and

political participation, less economic inequality and a greater reduction of absolute poverty-

social benefits that a narrow economic approach to education fails to capture. It is also natural

that education of girl child will lead to her empowerment. If the most basic value is of

survival and everything comes after that, the first right is the right to be born and not to be

aborted (Female Feticide). Education also leads to many social benefits such as improvement

in standards of hygiene, reduction in infant and child mortality rates, decline in population

growth rates, increase in labour production, greater political empowerment and

democratization, and an improved sense of national unity and integrity.

Education becomes a very powerful instrument as a developmental right if right type

of education is provided from the beginning. Education helps a person grow cognitively,

intellectually and emotionally and enables a person to take right decisions on the basis of

167
logic and reason. If women are to be empowered and their human right protected and

promoted in India, it is a must to concentrate on educating the girl child who is often

discriminated against and whose right are downgraded to the background in comparison to

those of the male child and the irony of all this is that she is not even aware of the prevailing

situation which undermines her worth as an individual and makes her a second grade citizen.

The real and viable solution to this discrimination against the girl child lies in

education. Here, it must be remembered that mere literacy would not do, rather the need is to

educate both the male and female as to their collective and separate roles; without failing to

emphasize their equality.

The Government of India, Committee on the Status of Women in India, 197445

adopted as follows:

 Conducting strategies of encourage girl’s education in adopting co-education system as

a general policy at the primary level in view of the finding that quality of provisions in

girls, schools, are inferior both in terms of physical infrastructure and teachers.

 Free education for all girls up to the secondary school stage,

 Provision of primary schools within walking distance, establishment of ashram schools

to serve clusters of villages, or peripatetic schools for girls who cannot attend formal

schools and mobile schools for children of nomadic tribes.

 Develop graded curriculum for the above.

 Sustained mobilization of public opinion and community support for creating a

favorable environment for girls education

 Special incentives in low female enrolment areas

 At least 50% of the teachers at the elementary level should be women

 Common core curriculum for boys and girls

45
Vimala Ramachandran, “Gender and social equity in primary education: Hierarchies of Access”, etd by
Institutions and Mechanism and strategies, (Sage Publications India Pvt. Ltd, New Delhi,2005) p.91

168
  Provision for three year pre-school education and special effort to increase the number

of balwadis

 Non-formal education for out of school girls and women literacy skills and

familiarization with democratic processes.

 Equality of the sexes as a major value to be inculcated though the educational process.

To this end, review of textbooks for content and presentation.

5.5.1. Relevant Constitutional provisions Safeguards and Policy Framework

The country’s concern in safeguarding the right and privileges of women found its

best expression in the Constitution of India. While Article 14 confers equal right and

opportunities on men and women in the political, economic and social spheres, Article 15

prohibits discrimination against any citizen on the grounds of sex, religion, race, caste etc.

And Article 15(3) empowers the state to make affirmative discrimination in favour of

women. Article 39 stipulates that the state shall direct its policy towards providing men and

women equally the right to means of live hood and equal pay for equal work; Article 42

directs the state to make provisions for ensuring just and humane conditions of work and

maternity relief; and Article 51-A (e) imposes a fundamental duty on every citizen to

renounce practices derogatory to the dignity of women .To make this de-jure equality into a

de-facto one, many policies and programmes were put into action from time to time, besides

enacting/enforcing special legislations, in favour of women.

Until 1976, education was a state subject. Since its transfer to the concurrent List by

the 42nd constitutional amendment in 1976, Drawing upon the constitution and other policy

statements articulated in the years that followed, the Government of India in partnership with

state governments has designed different strategies, interventions, schemes and programmes

with specific objectives that insist on girl’s education. A new thrust was provided to girl’s

169
education in the national policy on education 1986, (as modified in 1992) 46 which provided a

holistic vision for the education of women and girls and recognized the cross cutting issues

that inhibited the realization of this goal. It aims at using education as an agent of basic

change in the status of women in society. Other various policies of Government of India for

empowerment and development of women also lay emphasis on women’s illiteracy and

obstacles inhibiting their access to education at various levels.

Concerning protection of physical privacy of women In Sheela Barse Vs. State of

Maharashtra 47 for redressing the grievances of custodial violence against women in police

lock-ups, the Supreme Court directed for establishment of exclusively female lock-ups,

separation of female arrestees from the male arrestees, investigation by female police

constable and surprise visits to police lock-ups by Sessions Judge for inspection. In Pratul

Kumar Sinha Vs. State of Orissa48 an allegation about sexual exploitation of blind girl

students in mercy home was made, and remedy was sought. The Supreme Court got an

inquiry conducted by a Chief Judicial Magistrate and found that there was only suspicion and

the allegation was not proved. The judgement is criticized for not providing the remedy of

readmission to the dismissed girl.

Article 23(1) of the Constitution provides, “Traffic in human beings and beggar and

other similar forms of forced labour are prohibited and any contravention of this provision

shall be an offence punishable accordance with law.” The immoral Traffic Prevention Act

enacted by the Central Government to implement this principle has criminalized

commercialization and exploitation of the practice of prostitution. It is a remarkable

development that Articles 21 and 32 have been used to rehabilitate prostitutes and their

46
The National Policy on Education (1986, revised in 1992) is perhaps the most lucid document on Women’s
education. It was hailed as a major breakthrough in addressing gender issues in government policy.
47
(1983) 2 SCC 96
48
AIR 1989 SC 1783

170
children. In Upendra Baxi (I) Vs. State of Uttar Pradesh 49 the Supreme Court involved

Article 21 Uttar Pradesh Suppression of Immoral Traffic in Women and Girls Rules and

issued several orders for improving the conditions of the inmates of the protective home. It

asked a panel of doctors to check the state of health of inmates and ordered the

Superintendent to make medical treatment available. The Court ordered for ensuing better

hygienic conditions and sanitation, separation of minor girls from hardened prostitutes and

providing of vocational training and guidance for self-employment. In Vishal Jeet Vs. Union

of India, 50 the petitioner sought separate schools for children of prostitutes so that the

children could lead a better life. The Supreme Court constituted a committee of social

workers and ruled ultimately that “while we do not accept the plea for separate hostels for

children, it is necessary that accommodation in hostels and other reformatory homes should

be adequately available to help segregation of these children from their mothers living in

prostitute homes as soon as they are identified”.

In Gaurav Jain II 51 the Supreme Court considered the report submitted by the

Committee by the headed by VC. Mahajan. The Committee had elaborately dealt with the

active role of NGOs in rehabilitating child prostitutes and children of prostitutes. It

recommended constituting voluntary organizations, viz. Child Development and Care Centers

(CDCC) in the prostitution-community-areas. Their objective would be providing welfare

and development services to child prostitutes and children of prostitutes, to wean them away

from the surroundings, and children of prostitutes, to wean them away from the surroundings,

and counseling them for better occupational lives. They were to provide facilities and

services like pre-school education, crèche, skill development, health care, saving schemes,

etc. About the general conditions and requisites of the CDCC, their staff and specific

functions detailed measures were recommended specific commission were recommended in

49
(1986) 4 SCC 106
50
(1990) 3 SCC 318
51
Gaurav Jain Vs. Union of India, (1997) 8 SCC 114

171
detailed. The Supreme Court directed the Minister of Welfare, Government of India to

constitute a committee to study the problem and suggest suitable measures to effectively

implement the scheme of CDCC. According to Court, Institutional care and rehabilitation

through juvenile home were necessary for child prostitutes. While there was unanimity in the

Divisional Bench of the Court on these points, the directions framed Ramaswamy, J. In his

leading judgment about rehabilitation of prostitutes in general were not agreed to by

D.P.Wadhwa, J. as outside the scope of the instant case. Feminist perspective in judicial

thinking has come to the surface when it was observed. “The prostitute has been always an

object and was never seen as complete human being with dignity of person; as if she had no

needs of her own, individually and collectively. Their problems are compounded by coercion

laid around them and tortuous treatment meted out to them. When they make attempts either

to resist prostitution or relieve themselves from the trap, they succumb to the violent

treatment and resultantly many a one settle for prostitution.”52 The above judgments have

adequately focused on the prohibition of trafficking in human beings under Article 23 and

protection of youth against exploitation and moral and material abandonment envisaged

under Article 39. They have been successful in taking some positive steps in improving the

conditions of prostitutes and rehabilitating them with a value goal of availing a dignified life

for them.

5.5.2. Directive Principle of State Policy and women

The elevation of the position of the Directive Principles in constitutional

jurisprudence from relative insignificance to that of important set of inevitable values in

recent decades could wield its own interest while upon protection of interests on women. 53

52
Ibid. p.119
53
While in Champakam Dorairajan, Vs. State of Madras AIR 1951 SC 226 it was held that part IV shall run
subordinate to Part III, in Kesavananda Bharati Vs. State of Kerala, (1973) 4 SCC 225 onwards both were
regarded as complementary.

172
Some of the provisions touching the interests of women can be looked to for appreciating the

constitutional concern.

While Article 38(1) ordains the State to strive to promote the welfare of people by

securing a social order in which justice, social, economic and political, shall inform all the

institutions of national life, Article 38(2) states, “The State, in particular, strive to minimize

the inequalities in income, and endeavour to eliminates inequalities in status, facilities and

opportunities, not only amongst individuals but also among groups of people residing in

different areas or engaged in different vocations.” Article 46 enjoins, “The State shall

promote with special care the educational and economic interests of the weaker sections of

the people, and in particular, the Schedule Castes and Schedule Tribes, and shall protect them

from social injustice and all forms of exploitation.” Since women constitute weaker section in

each social category because of the practice of patriarchic norms such special care is

constitutionally called for.

Another Directive of seminal importance for gender justice is Article 51(e) that

obligates the state to foster respect for international law and treaty organised peoples with one

another. Since international human rights norms are rich in gender justice principle, their

percolating effect upon the Indian domestic law is of high order. This can be seen in cases

like Vishaka Vs. State of Rajasthan 54 and Madhu Kishwasr Vs. State of Bihar 55cases where

reference to the international instruments has been made for arriving at comfortable result.

5.6. Roles and Responsibilities of Backward Commission

The problems of wrong inclusion and non-inclusion of any class of citizens in the list

of backward classes are dealt by the National Commission for Backward Classes. The

national commission for Backward Class Act, 1993 was enacted to constitute this body56 in

54
AIR 1997 SC 3011
55
(1996) 5 SCC 125
56
http://www.india-seminar.com/2005/549/549%20dipankar%20gupta.htm visited on 21/04/2013

173
response to the direction given in the Indra Sawheny judgment. Under section 9(1) of the Act,

the function of the Commission is to examine the requests for inclusion of any class of citizen

as a Backward Class in the lists and hear complaints of over-inclusion and under-inclusion

and tender such advice to the Government as it deems appropriate, the advice of the

commission shall ordinarily be binding upon the Central Government Section 9(2). At the

expiration of three years from the enforcement of the Act, and after every succeeding period

of 10 years, thereafter, the Government is bound to revise the lists in consultation with the

Commission with a view to exclude there from those classes who have ceased to be

Backward Classes, or for including in such lists new Backward Classes, or for including in

such lists new Backward Classes. Thus, backwardness is not a fixed status. Its determination

is based upon factual situation, which varies along with social transformation. Its objective

determination is a responsibility upon the NCBC.

In October 1999, the Jats of Rajasthan (except in Bharatpur and Dolpur), were listed

by the Central Government as OBC on the basis of recommendation made by the NCBC in

1997. The Gujjars, who had been already listed as OBC, feared about deprivation if their

opportunity because of the compulsion that they share their quota with the Jats, agitated in

2007 for inclusion of them in Schedule Tribes. 57

5.7. Roles and Responsibilities of Women’s Commission

Recurring Policy Recommendations to Promote Girls Education

 Schools within walking distance, closer to the place of dwelling, if necessary satellite

schools for remote hamlets.

 Provide child care facilities/crèche within school premises.

 Escort for girls, if schools are away from the village or hamlet –especially in regions

where safety of girls remains a social concern.

57
V.Venkatesan, “Jats as OBCs” Frontline, Vol,24 (The Hindu, 10/08/2007) p.91

174
 Introduce flexible schools timings and region specific school calendar with a view to

reach out to children who are engaged in family occupations, especially girls engaged

in household, livestock and farm work and sibling care.

 Provide alternative modes/forms, combine formal with non-formal, condensed

coursed for dropout, residential schools (ashram shalas) for special focus groups like

nomadic tribes and others.

 Residential condensed education programme for adolescent girls and young women

who dropped out of school or never enrolled (Mahila Shikshan Kendra).

 More women teachers in rural areas, with residential accommodation.

 Expand pool of women teachers by lowering qualifications intensive training (near

the place of dwelling), provide regular educational support, organize special

condensed courses for dropouts who can be trained to work as teachers, provide

secure accommodation for out station teachers.

 Make curriculum relevant to the lives of poor women who are engaged in battle for

survival.

 Recognize the problem of working children, provide special facilities.

 Introduce facilities for ‘bridge programs” to enable dropouts to re-enter the school

system.

 Provide incentives such as uniforms, textbooks, exercise books, attendance

scholarship and free bus passes.

 Involve the community in managing the school through advocacy, mobilization and

formation of village education committees with at least 50% women members.

 Decentralize educational planning and administration; bring it closer to people so that

it reflects the special needs and aspirations of community.

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  Address management issues that inhibit the implementation of government policy,

like grievance redressal, administrators and school calendar, make teacher feel wanted

and appreciated.

 Recruit women with lesser qualifications from rural areas, recruit local youth in

remote areas where teacher’s absenteeism is rampant, appoint teacher to a specific

school and so on.

 Mobilize public opinion for primary education and universal literacy in general and

women’s education in particular Advocate for greater political will and administrative

commitment. Make it a national mission with time-bound ‘target’ – for national

mission (NLM), National Elementary Education Mission (NEEM) 58

5.8. Indian Government’s Effort: Some Innovative Programmes For Educational

Attainment among Women.

Education of girls has been a high priority with the Government of India to bring

them in to the main stream of development. Reaching out to the child is central to the efforts

to universalize elementary Education. Progressive public policy through a partnership of

national and state governments and civil society’s movement for women’s empowerment and

inclusion has transformed Indian education and society in the past two decades. States bear

the main responsibility for providing and financing education, but they vary considerably in

their economic and social circumstances. A series of centrally sponsored initiatives have

brought massive additional resources to equalize funding in primary education. 59 For the

education advancement of women, the India government has launched several women

cantered programs.

58Gender Equality in Education (India) Progress in the Last Decade, Revised Version 20 June 2003,
Ramachandran, V. EFA Monitoring Report, Commissioned, UDIES, UNESCO, Paris, as cited in Bridging the
Gap between Intention and Action – Girls’ and Women’s Education in South Asia, UNESCO PROAP
Bangkok and ASPBAE Mumbai.
59
Wu, K.B., Kaul, and D.Sanker. “The Quiet Revolution.” Finance and Development 42(2) (2005) p.29-31

176
5.9. Women Education in Sarva Shiksha Abhiyan (Education for All)

This programme recognizes that ensuring girl’s education requires changes not only

in the education system but also in societal norms and attitudes. The targeted provision for

girls under Sarva Shiksha Abhiyan includes:

 Free textbooks to all girls up to class VIII

 Separate toilets for girls

 Back to school camps for out-of-school girls

 Bridge courses for older girls

 Recruitment of 50% women teachers

 Early childhood care and Education centres in/near schools/convergence with ICDS

programme etc.

 Teacher’s sensitization programmes to promote equitable learning opportunities.

 Gender-sensitive teaching-learning materials including text books.

 Intensive community mobilization efforts.

 Innovation fund’ per district for need based interventions for ensuring girls’

attendance and retention.

Efforts are being made to generate a community demand for girls’ education and

enabling for people’s and women’s participation, to create the push factors necessary to

guarantee girls education. Motivation and mobilization of parents and the community at

large, enhancing the role of women and mothers in school related activities and participation

in school committees, and strengthening the linkages between the school, teacher and

communities are some of the ways in which the enabling conditions are being created.

5.10. Women Education in District Primary Education

Women Education in District Primary Education Program (DPEP), the most notable

centrally sponsored scheme (conceived in 1993 under MHRD as an umbrella scheme and

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launched in 1994) intervened in half of India‘s 600 district where female literacy was below

the 1990 national average. It recognized the importance of mainstreaming gender and making

it an integral part of strategies to tackle problems of access, retention and achievement levels

and for reaching out to children from the most disadvantaged groups/communities. It sought

‘to increase coverage of girls, improve their academic achievements and reduce gender

disparities in respect to enrolment, retention and learning achievements. 60 ‘It funds teacher

training, instructional materials, and more schools and classrooms. The National Program for

universal Elementary Education of the 21st Century, which began in 2001, extends the DPEP

nationwide, expanding the grades included from primary education (grades 1 to 5) to upper

primary education (grades 6 to 8) DPEP adopted a two-pronged strategy to meet the gender

and social equity goals:

 Make the education system more responsive to the needs and constraints of girl and

children from disadvantaged communities, and

 Create community demand for girls’ education and enabling conditions for greater

participation.

In addition, to target pockets where girls education is lagging behind, two focused

interventions for girls the National Programme for Education of Girls at Elementary Level

(NPEGEL) and the Kasturba Gandhi Balika Vidyalaya (KGBV) to reach out to girls from

marginalized social groups in over 3,000 educationally backward block in literacy is above

the national average are run by the Government if India.

5.11. National Programme for Education of Girls for Elementary Level

The NPEGEL is in existence since 2003, and running as an integral but distinct

component of the ‘Sarva Siksha Abhiyan’ is focused intervention of Government of India, for

“Hardest to Reach” girls, especially those not in school. The programme provides for

60
DPEP, Ministry of Human Resource Development, GOI. 2000

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development of a “model school” in every cluster with more intense community mobilization

and supervision of girls enrolment in schools. This scheme is being implemented All

Educationally Backward Blocks (EBBs) where the level of rural female literacy is less than

the national average; in block of districts which are not covered under EBBs but are having at

least 5% SC/ST population and where SC/ST female literacy is below 10%; and also in

selected urban slums. About 3272 educationally backward blocks and have been included

under NPEGEL. It also includes bridge courses for girls who dropped out.

5.12. Kasturba Gandhi Balika Vidhyalaya

Kasturba Gandhi Balika Vidyalaya (KGBV) scheme is in continuation since 2004, for

setting up residential schools at upper primary level for girls belonging predominantly to the

SC, ST, OBC and minority communities. The scheme is being implemented in educationally

backwards blocks of the country where the female rural literacy is below the national average

and gender gap in literacy is above the national average. In KGBV minimum 75% of the

seats are reserved for girls belonging to SC, ST, OBC or minority communities and priority

for the remaining 25% is accorded to girls from families below poverty line. The scheme is

being implemented in 27 states during 2009-10, out of 3598 KGBVs sanctioned only, 2837

are operational. Further 300 educationally backward blocks were identified to be provided to

KGBV. 61 In operational KGBV, total enrolment of SC is 27%, ST is 28%, OBC is 26%,

Muslims is 9% and BPL is 10%. These are shows that girls of minority groups are less

enrolled and benefitted from RTE Act, 2009.

5.13. Educational Backwardness

Muslims constitute about 160 million people can also be categorized as the second

largest majority in the country. Some authentic sources tell us that the actual number of the

61
http://mhrd.gov.in/sites/upload_files/mhrd/files/document-reports/RPE-2010-11.pdf visited on 12/12/2013

179
Muslim in India is more than the official figures, i.e., 13.4% (2001 census). Some NGOs, the

late Hakeem Abdul Hameed of Hamdard and Justice Sardar Ali Khan put their members

between 15 to 18 percent of the total population of the country. Therefore, the second

majority community of the country.which is also the largest minority community in Indian

Democracy and developmental process certainly raises serious concerns for all of us. The

Muslim are spread all over the country States and Union Territories. In certain areas, they

constitute majority and near majority strength. About 52.13% of the Muslim in India resides

in three states of Uttar Pradesh, West Bengal and Bihar. Four southern states Kerala,

Karnataka, Andhra Pradesh and Tamil Nadu account for 19.6% of the total Muslim

Population.

Moreover, the Muslims constitute over 30% of the Population of Assam. They are

also minority in other states. India’s population is predominantly rural with only 27.8% as

urban population. The Muslim population is also predominantly rural but less linked to land

the overall population. The Sachar Committee Report shows that large variations were seen

in the size of the Muslim population among districts. In 25 districts, the Muslim population

exceeded one million each in the 2001 census. The largest was Murshidabad (3.7 million)

followed by Mallapuram, South, there are 24 Parganas, and North there are 24 Parganas. Of

the million plus Muslim population districts, ten or in West Bengal, five in Uttar Pradesh,

three in Jammu and Kashmir, and seven in other states. Besides, in 51 districts the Muslim

population is between half of the million.

Thus 76 districts have at least half a million Muslims each and just over half of

India’s Muslim population. At the other end, there are 106 districts with very small medium

population of below 10,000. Of the 593 districts of India in 2001, only nine could be

considered predominantly Muslim that is with a 75% of the Muslim Population. In addition,

Muslims constituted 50 to 75% of the population in 11 districts (six from Assam, two from

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Jammu and Kashmir, and one each from Kerala, Bihar and West Bengal). Twenty have a

Muslim Majority, 38 have a substantial population. Though they are not majority, i.e., over

25 but below 50% on the contrary, their participation in ceremony and education in marginal.

Their ownership of land, employment and representation in elected bodies are far below.

Their exclusion is so much transparent that it can be observed in any sectors of the

government or other agencies.

However, it is important to look at the Indian perspective of minority rights. The

Indian Constitution incorporated many human rights provisions which had similar footings in

the UN Charter including the UN Declaration on the Rights of Persons Belonging to National

or Ethnic, Religious and Linguistic Minorities, 1992. Moreover, certain important provisions

of the Lund Recommendations can also be traced in the Fundamentals Rights (Part III) of the

Indian Constitution. Like elsewhere, the term minority, The National Commission for

Minorities Act of 1992 merely says that minority for the purpose of this Act means “a

community notified as such by the Central Government.” 62

In 1978, the National Commission for Minorities was created and, in 1992, it was

made a statutory body standing as sentinel for the protection of minority rights. Its functions

are to evaluate the progress of the development of minorities, to monitor the working of the

constitutional safeguards and to look into the specific complaints regarding deprivation of

rights and to take up matters with the appropriate authorities. 63 The judiciary held in

A.M.Patroni Vs. Kesavan 64 case that the word ‘minority’ had not been defined in the

Constitution; it must be held any community, religious or linguistic which was numerically

less than 50 percent of the population of the State was entitled to protection of Article 30. 65

62
Minority Commission Reports, (1998-1999), p.138
63
Minorities India, Newsletter of National Commission for Minorities, 1 (Spring 1997) p.4
64
AIR 1965 Ker 75
65
H.M.Seervai, Constitutional Law of India, 4th Edn, (N.M.Tripathi Private Limited, Bombay, 1993), Vol.2,
p.1317

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 Articles 350A 66, 350B 67 and 350B(2). 68 Muslim is generally known as a minority

group which is the largest and biggest among all minorities in India. This category is

primarily based on religion and numerical factor, There were expectation widely prevalent

among the elites of the majority Hindu community during the Constitution making phase

(1946-49) that the reservation for the Muslims in elected bodies, employment and educational

institutions would make them a ‘permanent minority’. The liberal secularists have also

debated on the same line that the Muslims, if given reservation, would become a permanent

political minority, they were opposed to the minoritization of the Muslims who would

perform better in secular and non-reserved mode. As a result they could also act and emerge

as political majority based on the choice of the electorates.

The National Policy on Education, 1986 says that, “The country has reached a stage in

its economic and technological development when a major effort must be made to derive the

maximum benefits from the assets already created and to ensure that the fruits of change

reached all sections. Education is the highway to that goal”. It also said that the purpose of

education is to provide equal opportunity to all not only in access, but also in the conditions

for success, “More than 1000 Muslim concentration villages in West Bengal and Bihar do not

have any educational institutions.69 In Uttar Pradesh, this figure is 1943. The situation is

worse in small villages. The proportion of Muslim Concentration villages (in all three size

classes) with educational facilities is lower than the total proportion of villages that have such

facilities. This is particularly so in the case of smaller villages where the differential is

66
It shall be the endeavour of every state and of every local authority within the State to provide adequate
facilities for instruction in the mother tongue at the primary stage of education to children belonging to
linguistic minority groups: and president may issue such directions to any State as he considers necessary or
proper for securing the provision of such facilities.
67
There shall be a special officer for linguistic minorities to be appointed by the President.
68
It shall be the duty of the special officer to investigate all matters relating to the safeguard provided for
linguistic minorities under this constitution and report to the president shall cause all such reports to be laid
before each House of Parliament, and sent to the Governments of the States concerned.
69
The Sachar Committee Notes p.143

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alarmingly high. This indicates that Muslim concentration villages, especially smaller ones,

lack access to educational institutions.

75% of Muslim women in India are illiterate, literacy being officially defined rather

generously to include just about anyone who can read and write a sentence or two. The

situation in the northern states, especially in rural areas, is said to be particularly dismal. 85%

of rural north Indian Muslim women are unable to read or write. On the other hand, the

situation in the south, especially in urban areas, was found to be considerably better, with

88% urban south Indian woman said to be literate.

In the Muslim girls’ school enrolment rates continue to be low: 40.6%, as compared

to 63.2% in the case of ‘upper’ caste Hindus. In rural north India it is only 13.5%, in urban

north India 23.1%, and in rural and urban south India, above 70%, which is above the all-

India average for all girls. Only 16.1% of Muslim girls from poor families attend schools,

while 70% of Muslim girls from economically better-off families do so, thus clearly

suggesting that low levels of education of Muslim girls owe not to religion but to poverty.

Less than 17% of Muslim girls finish eight years of schooling and less than 10% complete

higher secondary education. In the north the corresponding figures are 4.5% and 4.75%

respectively, compared to the national female average of 17.8% and 11.4%. Only 1.5% rural

Muslims, both boys and girls, and 4.8% urban Muslim children are enrolled in senior

secondary schools. The average number of years that Muslim girls study is a dismal 2.7

years, as compared to 3.8 years in the case of Hindu girls. The number of years that a Muslim

girl studies in north India is half that of her south Indian counterpart In other words, on the

whole, Muslim girls are characterized by a low enrolment rate and a very high drop-out rate

from the formal schooling system. 70

70
http://www.irfi.org/articles/articles_501_550/educating_muslim_girls.htm visited on 17/09/2014.

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 In Karnataka, often called a "progressive state", has the highest dropout rate among

Muslim students. On an average, 50,000 students from the community dropout of school each

year, a majority of them at the high school level, according to a survey done by the Sarva

Shiksha Abhiyan (SSA). The average dropout rate is 6.2% compared to the national average

of less than 5%. Survey data for the period between 2008-09 and 2011-12 shows that more

Muslim boys drop out of classes IX and X than girls. This can possibly be because of the

transition of a large number of students from Urdu-medium primary schools to high schools

that have Kannada or English medium and about one-third of Muslim children in Karnataka

study in Urdu-medium schools. One of the main reasons for increasing dropouts is that there

are just 520 Urdu-medium high schools against 2,411 primary schools that have Urdu as

medium of instruction. The Gulbarga and Belgaum divisions have the highest number of

students studying in Urdu-medium schools. But there's a silver lining: between 2008-09 and

2011-12, about 15.1 lakhs Muslim students were enrolled a healthy 15% of the total

enrolments in the state.

This reveals an educational awakening among Muslims and success of the Prime

Minister's pre-metric scholarship scheme for meritorious students from minority

communities. Though the scheme started with only 21,018 scholarships across Karnataka in

2008-09, the number increased to 4.27 lakh in 2011-12."Karnataka has the best gender

balance among Muslims students, he says. The Gender Parity Index (the number of girls per

boys) is 1.05, suggesting that more and more Muslim girls are enrolling themselves and

moving to the secondary level.

Commissioner of public instruction Mohammed Mohsin said that primary and

secondary education minister Kimmanne Ratnakar will soon speak to Muslim legislators on

checking the dropout rate. "The minister is aware of the problem and working out various

schemes to arrest the trend."Former education minister BK Chandrasekhar said: "Socio-

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economic issues could be behind the high dropout rate among Muslim students. Community

leaders and stakeholders must focus on offering scientific learning in Urdu schools at the

primary level. This will make the students competent and focused." 71

The Durgabai Deshmukh Committee in 1959 recommended that central and State

Governments should give priority to the education of girls. In the central ministry of

education, a department of women’s education should be created. Co-education should be

properly organized at the higher level of education. The first phase of development,

provisions of free education should be made girls up to class VIII. Facilities in the choice of

optional subjects should be made available for girls. Girls should be given training facilities

on liberal basis. Education of girls should be given the due encouragement in rural areas. A

large number of seats in various services should be reserved for them.

71
http://coastaldigest.com/index.php/news/58155-karnataka-has-highest-dropout-rate-among-muslim-students
visited on 17/09/2014

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