Why this chapter matters for UPSC: This chapter bridges theory (marginalisation) with practice (resistance and policy response) — the core of UPSC GS2 social justice questions. Government schemes for SC/ST/OBC, constitutional bodies like NHRC, NCW and NCBC, the 5th Schedule/PESA framework, and the role of civil society movements (MKSS → RTI; NBA → FRA) are standard Mains topics. Sub-categorisation of SC reservations (2024 SC judgment) adds immediate current-affairs relevance.

PART 1 — Quick Reference Tables

Key Government Schemes for Marginalised Groups

Scheme Target Group Key Detail
PM-JANMAN (2023) 75 PVTGs (Particularly Vulnerable Tribal Groups) Housing, roads, telecom, health, education for most marginalised tribals
Eklavya Model Residential Schools (EMRS) ST students (Class 6–12) One per block with 50%+ ST population and 20,000+ tribal persons; NESTS manages
Post-Matric Scholarships SC/ST students Central assistance for education beyond Class 10
PM Anusuchit Jati Abhyuday Yojana (PM-AJAY) SC communities Merged three earlier SC welfare schemes
National Fellowship for SC (Rajiv Gandhi National Fellowship — renamed) SC researchers UGC-administered fellowship for M.Phil/PhD
Pradhan Mantri Adarsh Gram Yojana (PMAGY) Villages with 50%+ SC population Integrated development of SC-majority villages
NSFDC (National SC Finance & Dev Corporation) SC entrepreneurs Concessional loans for income-generating activities
TRIFED ST artisans and farmers Marketing tribal products; Van Dhan Vikas Kendras

National Human Rights and Welfare Commissions

Body Enabling Law Head / Composition Key Function
NHRC Protection of Human Rights Act (PHRA) 1993 Retired Chief Justice of India as Chairperson Investigate human rights violations; recommend compensation
NCSC (National Commission for Scheduled Castes) Article 338 Chairperson + Vice-Chairperson + 3 members (Presidential appointment) Safeguard SC constitutional rights; investigate complaints
NCST (National Commission for Scheduled Tribes) Article 338A (89th Amendment 2003) Same structure Safeguard ST constitutional rights; advise on 5th/6th Schedule matters
NCBC (National Commission for Backward Classes) Article 338B (102nd Amendment 2018) Chairperson + 4 members Examine OBC inclusion/exclusion; hear OBC complaints
NCW (National Commission for Women) NCW Act 1990 Chairperson + 5 members Safeguard women's rights; review legislation
NCM (National Commission for Minorities) NCM Act 1992 Chairperson + 6 members (minority communities) Safeguard minority rights; evaluate minority welfare programmes
NCPCR (National Commission for Protection of Child Rights) CPCR Act 2005 Chairperson (child rights expert) Monitor child rights; inquire into violations

5th and 6th Schedule Areas

Feature 5th Schedule 6th Schedule
Region States with Scheduled/tribal areas (MP, Odisha, Jharkhand, AP, Telangana, Chhattisgarh, Rajasthan, HP, Gujarat, Maharashtra) Northeast (Assam, Meghalaya, Tripura, Mizoram)
Governance Governor's special powers; Tribal Advisory Council Autonomous District Councils (ADCs) with legislative, executive, and judicial powers
PESA applicability Yes (1996 Act) Separate framework; ADCs have broader powers
Governor's power Can modify/annul Central and State laws for Scheduled Areas President/Governor can annul ADC laws

PART 2 — Detailed Notes

How Marginalised Groups Confront Marginalisation

Key Term

Marginalised communities resist exclusion through three broad strategies:

  1. Constitutional means: Filing PILs, invoking Fundamental Rights (Articles 14, 15, 17, 21, 22, 25–30), seeking writs in High Courts and Supreme Court
  2. Electoral participation: Using political power through reserved constituencies (Articles 330, 332 for Lok Sabha/Vidhan Sabha) and Panchayati Raj reservations
  3. Social movements and civil society: Organising protests, advocacy campaigns, using RTI, building coalitions with sympathetic media and NGOs

The Dalit Movement

The modern Dalit movement traces its ideological foundation to Dr B.R. Ambedkar (1891–1956):

  • Organised the Mahad Satyagraha (1927) — Dalits' right to use the Chavadar Tank (public water source) in Mahad, Maharashtra
  • Burned the Manusmriti (1927) as a symbol of caste oppression
  • Founded the Scheduled Castes Federation; converted to Buddhism with ~600,000 followers in 1956 (Nagpur)
  • His vision: annihilation of caste through inter-dining, inter-marriage, and constitutional rights

Contemporary Dalit activism includes:

  • DICCI (Dalit Indian Chamber of Commerce and Industry): Founded 2005; promotes Dalit entrepreneurship; seeks private sector reservations
  • Dalit literature movements: Maharashtra (Namdeo Dhasal; Dalit Panthers 1972); Tamil Nadu (Bama, Sivakami)
  • PIL litigation: Numerous SC cases on untouchability, atrocities, manual scavenging

Adivasi Resistance Movements

UPSC Connect

UPSC GS2 — Civil Society and Governance: Two landmark Adivasi-led movements directly shaped legislation:

Narmada Bachao Andolan (NBA): Led by Medha Patkar against the Sardar Sarovar Dam. Raised issues of: displacement without rehabilitation, submergence of tribal lands and forests, violation of constitutional rights. Though the dam was completed, NBA forced policy changes: the National Rehabilitation and Resettlement Policy 2007 (statutory rehabilitation rights), and Environment Impact Assessment (EIA) processes became mandatory. NBA also built a national movement-network and influenced the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.

Forest Rights Movement: Sustained activism by Adivasi organisations in Jharkhand, Odisha, and Chhattisgarh demanding recognition of traditional forest rights led to the Forest Rights Act 2006 — a landmark legislation recognising individual cultivation rights, community forest rights (CFRs), and habitat rights for hunter-gatherers.

Pathalgadi Movement (2017–18): Jharkhand Adivasi movement that erected stone plaques (Pathalgadis) declaring their villages as sovereign under PESA and the Constitution. Highlighted gaps in PESA implementation and demands for genuine gram sabha autonomy.

Government Policies for Marginalised Groups

Explainer

For SC/ST — Constitutional Safeguards Beyond Reservations:

  • 5th Schedule (Article 244): Governor has special powers to regulate land transfers and money-lending in Scheduled Areas; Tribal Advisory Councils advise on tribal welfare legislation
  • PESA 1996: Mandates that gram sabhas in Scheduled Areas must be consulted before land acquisition; gives tribals control over minor forest produce (MFP), local disputes, and social sector programmes. However, PESA remains poorly implemented — states have enacted partial conformity legislation
  • Governors' role: In Rameshwar Prasad v. Union of India, the SC reaffirmed that governors cannot act arbitrarily in Scheduled Area administration; Tribal Advisory Council recommendations must receive genuine consideration

PM-JANMAN Scheme (Nov 2023): First dedicated scheme for 75 Particularly Vulnerable Tribal Groups (PVTGs) living in remote habitats. Provides: Pradhan Mantri Awas Yojana housing, road connectivity, mobile medical units, Anganwadi centres, Van Dhan Vikas Kendras, and Eklavya schools.

For OBCs — 102nd Constitutional Amendment (2018):

  • Gave constitutional status to the National Commission for Backward Classes (NCBC) under Article 338B
  • Previously, NCBC was a statutory body under the NCBC Act 1993 (a mere statute)
  • Now, NCBC is a constitutional body — its recommendations carry greater weight
  • However, the power to include/exclude OBC communities from the Central OBC list was transferred from NCBC to Parliament (the amendment also modified Article 342A)

Sub-categorisation issue: In Punjab v. Davinder Singh (2024), a 7-judge Constitution Bench held (6:1) that states can sub-categorise within SC/ST reserved categories to give preference to the most backward among SC/ST communities. This overruled E.V. Chinnaiah (2004) which had held SCs form a homogeneous class. Sub-categorisation (not "creamy layer" for SC/ST) is now constitutionally valid.

Role of Civil Society and Media

UPSC Connect

UPSC GS2 — Role of NGOs/Civil Society: MKSS (Mazdoor Kisan Shakti Sangathan): Founded by Aruna Roy in Rajasthan; Jan Sunwais (public hearings) on government accounts → demand for RTI. MKSS's sustained campaign culminated in the Right to Information Act 2005 — a transformative tool against corruption and for accountability. MKSS work demonstrates how civil society can convert lived grievances into legislative reform.

Media and social movements: Media spotlight on Dalit atrocities (e.g., Khairlanji massacre 2006, Una flogging 2016, Hathras rape-murder 2020) has created pressure for SC/ST Act amendments, CBI investigations, and fast-track trials. However, media coverage of tribal/Adivasi issues remains structurally low — a gap civil society organisations (CSOs) try to fill through social media and independent journalism.

Exam Strategy

Prelims traps:

  • NCBC was given constitutional status by the 102nd Amendment 2018 (Article 338B) — distinguish from the NCBC Act 1993 (statutory)
  • NCST was created by the 89th Amendment 2003 (bifurcated from NCSC which earlier handled both SC and ST)
  • PESA 1996 applies to 5th Schedule areas only — the Northeast has a separate ADC framework under the 6th Schedule
  • NHRC Chairperson must be a retired Chief Justice of India — not just any retired judge (Protection of Human Rights Act 1993)
  • PM-JANMAN (2023) is for PVTGs (75 groups) — distinct from general ST welfare programmes
  • The 50% reservation ceiling does NOT apply to SC/ST sub-categorisation — the ceiling question is about total quantum of reservation, not internal distribution

Mains angles:

  • Evaluate the effectiveness of PESA 1996 in empowering tribal gram sabhas — institutional analysis
  • Sub-categorisation of SC/ST reservations: constitutional validity and social justice implications
  • Role of social movements in shaping legislation: NBA (land acquisition law), MKSS (RTI), forest rights movement (FRA)

Previous Year Questions

Prelims:

  1. With reference to the National Commission for Backward Classes, which of the following statements is/are correct?

    1. It was given constitutional status by the 102nd Constitutional Amendment Act 2018
    2. It is headed by a retired Chief Justice of India
    3. It can recommend inclusion or exclusion of communities from the Central OBC list
      (a) 1 only
      (b) 1 only (Statement 2 is wrong — headed by Chairperson, not retired CJI; Statement 3 is wrong — power now with Parliament)
      (c) 1 and 3 only
      (d) 2 and 3 only

  2. The Panchayats (Extension to Scheduled Areas) Act (PESA) 1996 is applicable to:
    (a) Fifth Schedule Areas
    (b) Sixth Schedule Areas
    (c) Both Fifth and Sixth Schedule Areas
    (d) All tribal districts in India

Mains:

  1. "Social movements in India have been more effective than government schemes in securing rights for marginalised communities." Critically examine with suitable examples. (CSE Mains 2021, GS Paper 2, 15 marks)

  2. Examine the role of the National Human Rights Commission (NHRC) in protecting the rights of marginalised groups in India. What are its limitations? (CSE Mains 2019, GS Paper 2, 10 marks)