Expanding Horizons of Poverty: The Emerging Trend

INTRODUCTION:

This paper is an attempt to draw the attention of the readers towards the growing wings of Poverty rather I must say  on the new expanding horizons of poverty. Let me put forward a question what perception does a  lay man  has  about poverty? The simple answer is that  he always relates it to economic poverty. But this actually is  a very narrow concept and  in today’s scenario the attention has been shifted  from the narrower version to the broader one  which covers not only economic disability but other disabilities as well  i.e. social disabilities. So on a whole it can be said that the poor includes within its ambit not only economically poor but also other  weaker sections of the society be it socially and educationally backward class of society i.e. S.C,S.T,O.B.C or be it women ,children, physically handicapped and aged people.

CONSTITUTIONAL MANDATE:

The Constitution of India is heavily loaded towards poor, deprived, weaker section of the society to ease the misery with which they are suffering. It is hoped that all the efforts will give the deprived section a welcome relief. Poverty is perhaps the greatest challenge India is faced with.

If we talk about S.C/S.T/O.B.C we find the provision of PROTECTIVE DISCRIMINATION( A/16 of Constitution of India). The concept is founded on separating individuals or groups having certain characteristics (pertaining to backwardness as per Articles 15(4) & 16(4)) from the general category of candidates and conferring on them the benefit of special treatment. It is discrimination made in favour of the backward classes vis-à-vis the citizens in general and has been referred to as ‘Compensatory discrimination’ or ‘Positive Discrimination’.

The Constitution of India has provided, among other various protections and safeguards, safeguards for Public employment to the persons belonging to the Scheduled Castes and Scheduled Tribes, keeping in view the discrimination and disabilities suffered by these classes to catch up and compete successfully with the more fortunate ones in the matter of securing public employment. Specific provisions for reservations in services in favour of the members of Scheduled Castes and Scheduled Tribes have been made as follows in the Constitution of India:

Article 16(1): There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

Article 16(4): Article provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State, Nevertheless, “nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”. There have been two Constitution Amendments incorporated in Article 16(4), they are:-

Article 16 (4-A) : Nothing in this article shall prevent the state from making any provision for reservation in matters of promotions, with consequential seniority, to any class or classes of posts in services under the state in favour of SCs/STs which in opinion of state, are not adequate by represented in the services under the state.

The 77th Amendment to the Constitution has been brought into effect permitting reservation in promotion to the Scheduled Castes and Scheduled Tribes.

Thus, by amending the Constitution, the Parliament has removed the base as interpreted by Supreme Court in Indira Sawhney that the appointment does not include promotion. Article 16(4A) thus revives the interpretation put on Article 16. Rule of reservation can apply not only to initial recruitments but also to promotions. But no promotion can be made in promotion posts for the OBC’s.

Article 16 (4-B): “Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year.”

The Constitution (Eighty- First Amendment) Act, 2000 has added Article 16(4B) to the Constitution. The Amendment envisages that the unfilled reserved vacancies are to be carried forward to the subsequent years and these vacancies are to be treated as distinct and separate from the current vacancies during any year. The rule of 50% reservation laid down by the Supreme Court is to be applied only to normal vacancies. This means that the unfilled reserved vacancies can be carried forward from year to year without any limit, and are to be filled separately from the normal vacancies. This Amendment also modifies the proposition laid down by the Supreme Court in Indira Sawhney.

ARTICLE 17: (ABOLITION OF UNTOUCHABILITY)

Article 17 seeks to establish a new social order of equal socio economic profile. The vision of the architects was to liberate the society from blind and traditional beliefs , superstition  or a form of slavery. They wanted to wash out the stigma or curse of Hindu religion which the untouchables are facing for centuries. It is a very important provision from point of view of  equalizing principle. It guarantees twin privileges of a) social Justice b) Dignity of Man which were denied to a mass section of the Indian society for centuries together.

Article 21 (PROTECTION OF LIFE AND PERSONAL LIBERTY)

Article 21 is loaded with Poverty Jurisprudence. It includes right to basic needs of poor, their welfare and development. It has become power packed Article because   Judicial creativity has infused life into words of Article 21.Right to life is not limited to mere animal existence .  It means much more than physical survival i.e. right to live with human dignity and all that with goes with it namely the bare necessities of life. It includes quality of life or perpetual life or   meaningful and purposeful life consistent with human personality.

Article 24 (Right against Exploitation) :

Fundamental Rights U/A 24 is enforceable against everyone (State and Private Persons both). The framers wanted the children upto 14 years must study (get free education and prepare themselves to become useful and responsible citizen). The children of economically handicapped Parents have been encouraged and prompted to go to school by this Article (A/24). The child is equally entitled to all the F.R’s namely right to health clean water and meaningful right to life implicit in A/21

CONCLUSION

We hereby reach to the conclusion that Poverty is not to be measured only  on   economic parameters  but on a broader stage .Poverty can be defined with reference to deprivation/inability/disability. Where people are deprived of basic human needs of life, dignified life, equality in distribution of opportunities So poor includes within its expanding horizons  not only economically poor, but  socially and educationally backward people be it S.C/S.T/O.B.C, other weaker sections of the society i.e. women, children ,aged as well.

By:  Ritam Arora

B.A,L.L.B(H), Sem .7, Amity Law School, Lucknow.

Email: aroraritam @gmail.com

BIBLIOGRAPHY:

1)     Jain, Prof. M.P.,Indian Constitutional Law , Sixth Edition (LexisNexis Butterworths , Wadhwa Nagpur , 2010)

2)      Dr. Pandey J.N, The Constitutional Law of India, 47^th Edition ,Central Law Agency.

3)      Dr. Basu D.D., Introduction to the Constitution of India , 19^th edition , Wadhwa Nagpur