Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment.(GS1 2024 Question)

India’s constitutional vision of equity and social justice, embodied in preamble, Articles 15, 16, and 46, has led to extensive affirmative action policies. However, the gap between policy formulation and ground-level impact remains significant, revealing systemic issues in implementation and societal structures.

Comprehensive Policies For Equity And Social Justice

  1. Constitutional Provisions guarantees Fundamental Rights(article 14,15,16,19) and Directive Principles of State Policy(art 46). 
  2. Welfare Schemes like the MGNREGA and the National Social Assistance Programme (NSAP). 
  3. Social Justice Institutions such as the NCSC, NCST, and the NHRC monitor violations, recommend policy changes, and ensure accountability in protecting human rights.
  4. Laws for Protection like Rights Of Persons With Disability Act, Prevention of Atrocities Act, Domestic Violence Act,etc.
  5. Educational and Health Reform: The Right to Education (RTE) Act and Ayushman Bharat.
  6. Judicial Contributions: Public Interest Litigations (PILs). Eg. Indira Sawhney Case 

Achievements of Equity and Social Justice Policies 

  1. Poverty Reduction: As per Multidimensional Poverty Index (2023), India lifted 415 million people out of poverty between 2005-06 and 2019-21.
  2. Financial Inclusion: As of 2023, over 500 million Jan Dhan accounts have been opened,and 56% of these accounts belong to women, promoting gender-inclusive growth.
  3. Agricultural Growth and Rural Development:
  1. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA): In 2022-23, 309 crore person-days of employment were generated.
  2. Pradhan Mantri Kisan Samman Nidhi (PM-KISAN): Under this scheme, farmers receive ₹6,000 annually in three instalments, benefiting 11 crore farmers as of 2023.
  3. Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (PM-JAY): Over 20 crore beneficiaries have been registered, providing free treatment for over 4 crore hospital admissions.
  1. Education – The Gross Enrolment Ratio (GER) at the elementary level reached 99.2% in 2022, reflecting near-universal enrolment.
  2. Pradhan Mantri Awas Yojana (PMAY): Over 3 crore houses have been constructed under the rural and urban versions of the scheme.
  3. Swachh Bharat Mission: Nearly 10 crore toilets were built, significantly improving sanitation access and contributing to the elimination of open defecation.

Why are Underprivileged sections not getting the full benefits of affirmative action

Political Factors

  1. Implementation Gaps: Programs like MGNREGA face delays in wage payments, with only 54% of households getting full work in 2022-23.
  2. Inconsistent Representation: 14% women representation in Parliament, Pati Panchayat in PRI’s
  3. Creamy Layer Effect: Mandal Commission Reported, affluent within disadvantaged groups, like the top 10% of SC/ST beneficiaries, dominate reservation benefits, leaving the most marginalized behind .
  4. Intersectionality Neglect: Policies often ignore intersections like Dalit women, who face dual discrimination.
  5. Economic Factors
  1. Poverty and Resource Access: 30% of SCs and 45% of STs live below the poverty line, limiting access to education and healthcare despite affirmative action.
  2. Quality vs. Quantity Debate: Kothari Commission noted Quantitative improvements in education (35% increase in SC/ST enrollment) lack qualitative support, such as skill development.
  3. Social Factors:
  1. Caste-Based Discrimination: as per NCRB, 50,900 cases of crimes against SCs in 2022 highlight ongoing caste bias.
  2. Lack of Awareness: 45% of rural SC/ST beneficiaries are unaware of affirmative action schemes, as per PRS Legislative Research (2021).
  3. Technological Factors:
  1. Data Deficiency: Absence of caste census data hampers effective policymaking, as highlighted by the Rangarajan Committee Report (2014).
  2. Digital Divide: Only 15% of rural households have internet access, limiting SC/ST students’ ability to benefit from online education.
  3. Poor Technology Integration: 60% of tribal villages lack banking infrastructure, causing delays in DBT schemes like PM-KISAN, as per NITI Aayog (2022).
  1. Weak Law Enforcement: Only 25% of cases under the SC/ST (Prevention of Atrocities) Act result in conviction, per NCRB (2022).
  2. Environmental Factors:
  1. Geographical Disparities: 60% of tribal villages in the Northeast lack access to secondary education, limiting benefits from affirmative action, per NITI Aayog (2020).
  2. Urban Marginalisation: 70% of urban migrant workers lack access to PDS and health benefits, per Aajeevika Bureau (2022).

Way Forward

  1. Addressing Creamy Layer and Elite Capture: Introduce income criteria to ensure reservations benefit the economically disadvantaged within categories
  2. Promoting Social Inclusion and Awareness through initiatives like “Beti Bachao, Beti Padhao”.
  3. Implement a socio-educational index that considers educational and socio-economic factors along with caste. The Sachar Committee Report recommended data-driven approaches to better serve marginalized groups.
  4. Sub-categorization of SC and ST to advance affirmative action as mandated by SC in State of Punjab & Ors. vs Davinder Singh & Ors.

“The spirit of inclusion pervades every aspect of our social life. Affirmative action must be strengthened as an instrument of inclusion.” – President Droupadi Murmu

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