MARGINAL COMMUNITY: NOT A HOMOGENOUS GROUP 

Proportion
Categories: Journal

THE LAWWAY WITH LAWYERS JOURNAL

VOLUME:-15  ISSUE NO:- 30 , SEPTEMBER 25 , 2024

ISSN (ONLINE):- 2584-1106

Website: www.the lawway with lawyers.com

Email: thelawwaywithelawyers@gmail.com

Authored By :- Madhavi Sharma 

 

MARGINAL COMMUNITY: NOT A HOMOGENOUS GROUP 

 

  1. ABSTRACT 

Human rights are not only about power or privilege held by the public. These rights and  dignity are crucial for a peaceful, sustainable, and just world. There should be upliftment for  this particular section of the group. By focusing on and improving marginalized communities,  the invisible will become visible in law practice and legal education. Marginal communities  can’t be considered a homogeneous group in today’s world, as there is a need for a certain  level of necessary support for them. In the light of today’s era, one nation should also focus  on issues related to sexual and reproductive rights as well as human rights like sex education  in school curriculum, period poverty, and sexual violence in conflict zones that are related to  women and their welfare.  

Child rights are also a major concern, as digitization has enhanced  children’s learning but also exploited their innocence. Safeguarding children’s privacy and  safety is crucial, requiring robust measures like data protection policies and age-appropriate  online content. This community also includes scheduled castes and tribes, who require  development and empowerment.  

Inclusive and participatory processes allow us to give voice to marginalized  people and strengthen them by uplifting them. Marginalization is a very important concept  within sociology, political science, social psychology, and other fields of study that attempt to  understand social inequalities and injustices. As there should be justice in social, economic,  and political matters and equality of status of opportunity among them all, this group needs  more focus. 

Keywords: Marginal communities, upliftment, sexual and reproductive rights, child rights,  injustice, inequality.

  1. INTRODUCTION 

To be human and not feel less human, there are rights for the public in society. Human rights  are not only about power and the privileges held by the public. These rights and dignity are  crucial for a peaceful and just world. By providing voice to this marginal group, not to shout  but to assert that through an inclusive and participatory process, we will uplift and strengthen  them in a true sense. Marginalization is a very important concern within many inter 

disciplinary fields like sociology, political science, social psychology, and other fields of  study that attempt to understand and describe certain inequalities and injustices with which  they are dealing in Indian society. Sociology has many relationships with history, political  science, economics, philosophy, anthropology, psychology, ethics, and jurisprudence.  Sociology, being the mother of all social sciences and with a sociological lens of vision to  critically examine and understand law, will take the direction towards better social change  and social control with a comprehensive understanding of law and society in India. As there  should be justice in social, economic, and political matters and equality of status and  opportunity among them all, this group needs more focus. 

  1. REVIEW OF LITERATURE 
  2. PROBLEMS OF MARGINALIZED GROUPS IN INDIA: A STUDY: (Prof. A. K. Paricha Emeritus Fellow, Political Science Berhampur University),  2018 JETIR July 2018, Volume 5, Issue 7, (ISSN-2349-5162), In this paper it  has been concluded that marginalised groups are defined as those who are  subject to unfair treatment or are, relative to other age groups or sections of  society, more dependent on others and therefore find it difficult to maintain their  subsistence on their own and protect their rights. Besides this, certain groups in  society are also subject to discriminatory treatment and feel marginalized. They  need special attention to avoid exploitation. In India the women, children, 

scheduled castes and scheduled tribes, persons with disabilities, migrants and  aged are regarded as marginalised or vulnerable groups. These people are  socially, economically, politically and legally ignored and excluded in Indian  society. 

  1. SOCIAL AND ECONOMIC STATUS OF THE MARGINALIZED  COMMUNITIES IN INDIA : (Dr M Rajashekarappa, Rathnnava K  Hadimani, Associate Professor, Assistant Professor, Department of Sociology,  S.J.M.V B.A.J.S.S ARTS AND COMMERCE COLLEGE FOR WOMEN,  RANEBENNUR RAJARAJESHWARI WOMENS COLLEGE, RANEBENNUR,  INDIA), 2023 IJCRT Volume 11, Issue 9 September 2023 | ISSN: 2320-2882, It  is concluded in this paper as India continues to evolve and develop, it is  imperative that the nation’s progress is inclusive and benefits all its citizens. The  social and economic empowerment of marginalized communities is not only a  matter of justice but also a fundamental prerequisite for India’s growth and  development as a vibrant and inclusive democracy. Achieving this goal will  require ongoing collaboration among governments, civil society organizations,  and the international community, with the shared vision of a more equitable and  just India for all of its people. 
  2. Education of the Marginalized; In the Context of Policy Initiatives for  Universalisation of Elementary Education: Dr.M.N.Mohamedunni Alias  Musthafa* Rini E StephenVol. 9 Issue 7, July , 2019, ISSN: 2249-2496 , This  paper attempt to state that Although India has already made significant strides in  the task of expanding schooling facilities for all children, considering the  existing disparities, a multifaceted endeavor is required to make a balance  between quality and quantity to ensure its benefits available to all sections of  society living in different regions. This should be an integral part of policy  interventions for promoting social justice in society. Educational inequality  takes different forms in different places which in turn results in the decrease in  opportunities for children with low economic background, girls, ethnic,  linguistic and socially marginalized group and children with disabilities and  special needs. So integrating all the children irrespective of the above-mentioned  barriers should be the prime objective of the country. 

  1. OBJECTIVES 

To analyze and evaluate the provisions relating to different groups in marginal  communities 

Evaluating the rights and realities of marginalized groups. 

To explore multifaceted challenges such as poverty, education, healthcare, and other  issues facing marginalized communities. 

To critically examine the laws, regulations, and rules available for the protection of  this group of marginal communities. 

  1. METHODOLOGY 

Research Methodology: Combination of Doctrinal and Empirical Study 6. FINDINGS / RESULTS AND DISCUSSION 

Definition of Marginalization 

There is several evidence indicating inequalities and injustices in this  particular community, but to define marginal communities with terms like social  exclusion and people being discriminated against for their lesser importance in  Indian society would be inappropriate. This term used to define this particular  community was suitable in past eras, as there was that type of scenario. In today’s  Indian society, such a scenario is rarely encountered or observed by the Indian  people.  

 So, in the light of today’s era, the marginal  community belongs to those people that need a certain level of support and their  upliftment, and accordingly, the nation should be emphasizing this community to  some extent and in certain kinds of matters. This subject matter is relevant to  particular injustices and inequality and has precise significance for this community. 

Specific Marginalized Groups in India  

Women’s

Scheduled caste and Scheduled Tribes 

Children 

Persons with Disabilities 

Aged people 

Why Marginal Community are not Homogenous? 

This community can’t belong to a homogeneous  

group because of some factors, like sexual and reproductive rights for women’s,  empowerment and development of ST and SC, child rights, which protect their innocence and  kindness, people with disability rights, and the elderly group of people suffering during their  elderly age. These are the factors that require a greater backbone to a certain extent. The term  homogenous means of the same or similar kind and nature. So, the marginal communities are  not a homogenous group, as this community includes different groups that need gentle  attention and support for their relevance to some of the aspects in which they deal with  injustice and inequality. 

Rights and realities should be a vision for a  

comprehensive understanding of law and society in India. As the rights will be there for the  legal rights with legal remedy, which can be compared with the reality existing in  contradictions to facts that are and are not recognized by law. 

Impact of Marginalization on the economy 

  1. Social Unrest: An unstable environment arises when members of marginalized  communities are subjected to discrimination regarding violence, resources, and welfare  needs. 
  2. Income inequality: When a community has obstacles to economic engagement and social  inclusion in certain socio-economic and economic domains, there is an income inequality.

3.. Less economic growth: Human capital remains undeveloped when this community faces  inadequate quality education, employment opportunities, and essential services. 

Constitutional Provisions for Marginalized Sections in India 

There are constitutional provisions that are significantly in  

favor of this community, and as safeguards, like some of the fundamental rights of Part III of  our Indian constitution, a few articles of the directive principle of state policy of Part IV and  Part XVI—special provisions relating to certain classes. 

The Marginal Community And Its Relevant Aspects Should Be Especially Emphasized. 

Women and their Welfare: Sexual and Reproductive Rights 

Women have played several roles in India as equal as men in Indian society, and there  are and will be many remarkable contributions from them towards our nation. Gender justice  does not mean a battle against man; it’s a human right that women need gentle care in certain  matters to a certain level, not to a greater extent but not even to an extent of some kind of  little attention. Even the journey of a woman’s life is filled with struggle at a certain level  when she, as a girl child, reaches the age of adolescence, marriage to someone, and then  childbearing. So the importance and attention given to sensitive human rights such as sexual  and reproductive rights is very crucial. 

Access to safe abortion, sex education in school  

curriculum, period poverty and prevention of miscarriage, mothers who gave birth to premature infants, and multiple pregnancies are some of the major concerns related to women  and their welfare

 Access to safe abortion, with its recent socio-legal developments, is an  important aspect of sexual and reproductive rights for women. 

Sex Education in school curriculums 

There is a great importance and necessity of sex education in schools’ 

curriculum, as it informs and provides advice to students about reproductive health, related  organs, adolescence, and sexually transmitted diseases. With the objective of raising  awareness in order to protect people from misconceptions about various sex-related issues  and matters. Sexual education in schools will provide accessible, proper, inclusive, and  positive information and advice to individuals who are children and adolescents. The goal of  this particular teaching in school should be to educate young people on prevent sexually  transmitted infections (STIs) and unplanned pregnancies, which are related to significant  issues with serious consequences in the future. 

Everyone should prioritize sex education. This is vital information that parents  and instructors should impart to developing children, especially adolescents. Due to a lack of  knowledge, the majority of youngsters end up in risky situations involving unplanned  pregnancies and even sexually transmitted diseases. 

 Period poverty 

Menstruation, or period, is a part of every woman’s life journey. Period  poverty, which needs a focus on lack of access to clean water, sanitation facilities, and  inadequate sexual health education, is one of the factors that can lead to period poverty.  Menstrual health should not be neglected now or even in the years ahead. Menstrual hygiene  should be treated as a right to promote sexual and reproductive welfare because every woman  deserves healthy menstrual cycles. 

Sexual violence definition 

Sexual violence means any sexual act or act targeting a person’s sexuality,  gender identity or gender expression, whether the act is physical or psychological in nature,  For further clarity, sexual assault includes rape. some of the related definition related to this  term are: 

Violence 

Workplace violence 

Family violence 

Domestic or sexual violence

Dating violence  

Sexual abuse  

Sexual harassment 

Crime of violence Sexual assault 

Sexually violent offense 

Domestic violence  

Sexual battery 

Victim of domestic violence  

Threat of violence Sexual activity 

Sexually violent predator  

Victim of sexual assault  

Teen dating violence 

Workplace Harassment 

Harassment  

What are the consequences of sexual violence? 

Sexual violence consequences are physical, like bruising and genital injuries, sexually  transmitted infections, and pregnancy (for women) and psychological, such as depression,  anxiety, and suicidal thoughts. The consequences may be chronic. Survivors may suffer from  post-traumatic stress disorder and experience re-occurring reproductive, gastrointestinal,  cardiovascular, and sexual health problems1

Child Rights in Digital Age – Legal and Ethical Consideration 

Child rights are also a major concern, as digitization has enhanced children’s learning  but also exploited their innocence. Safeguarding children’s privacy and safety is crucial,  requiring robust measures like the protection of data and age-appropriate content. There  should be effective educational programs required in school curriculum for awareness related  to online risks and a dedicated legal framework to enhance and support children’s rights to  preserve their innocence. Parental awareness is also important because they can play a  significant role in their children’s digital lives. Some of the measures, like empowering youth  voices as strategies for children’s participation in the digital age and children’s privacy  

 

protection in the digital age, and media literacy through spreading awareness to identify  misinformation and protect themselves from online risks, creating a safer world for children  by analysing the impact of the digital age, which includes video games, social media, and  other digitalization tools, as well as understanding the benefits and drawbacks of each. This  kind of issue is serious in various disciplines, including law, psychology, technology,  education, and sociology. By working hand in hand and addressing this issue, one nation can  move towards the great opportunities in the digital world, with relevant risks involved. There  are opportunities and barriers to children’s rights in the digital age. 

Person with Disabilities – Rights of Persons with Disabilities Act, 2016 As per the provisions of this act, “the appropriate government shall ensure that the  person with disabilities enjoys the right to equality, life with dignity, and respect for his  or her own integrity equally with others.” The government is to take steps to utilize the  capacity of the Person with disabilities by providing an appropriate environment. 

  

 Aged people as a part of marginal communities 

It is essential to recognise the value and contributions  

of older adults and to promote policies and programs that support their inclusion, dignity, and  quality of life. This includes efforts to combat ageism, ensure equal access to healthcare and  social services, and provide opportunities for social engagement and meaningful work. By  addressing the marginalisation of older people, we can build a more just and equitable society  for people of all ages.2 

  

Role of non-governmental organizations in shaping empowerment for marginalized  groups 

Top 10 NGOs in India in 2022: 

1.) Smile Foundation 

2.) CRY- Child Rights and You in Delhi 

3.) Nanhi Kali 

 

4.) HelpAge India 

5.) Goonj 

6.) Care India 

7.) Pratham 

8.) SaveLIFE Foundation 

9.) Salaam Baalak Trust 

10.) Oxfam India 

National Girl Child Day- 24 January 

Beti Bachao Beti Padhao (BBBP) was launched by the Prime Minister on  22nd January, 2015 at Panipat, Haryana. BBBP addresses the declining Child Sex Ratio  (CSR) and related issues of women empowerment over a life-cycle continuum. The Overall  Goal of the Beti Bachao, Beti Padhao(BBBP) Scheme is to Celebrate the Girl Child & Enable  her Education3

The objectives of this Scheme are as under: – 

Prevent gender biased sex selective elimination. 

Ensure survival & protection of the girl child. 

Ensure education of the girl child. 

As individuals, we should celebrate the birth of a girl child in the  family and community with pride and find ways to promote their welfare by being sensitive  to women and girls. There should be efforts to make neighbourhoods safe and violence-free  for women and girls. 

“Every girl is just like a flower that has to rise up to blossom” 

Reducing Marginalization 

 

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There are various ways of reducing marginalization, and this includes:  

Inclusive and participatory policies to promote the wellbeing of this community Socio-cultural and legal awareness, which raises awareness of their rights and  entitlements that belong to them. 

Targeted programs can help protect and uplift marginalized groups. NGO-non-governmental efforts 

Creating inclusive workplaces for them

  1. Conclusion 

. Thus, it can be concluded that marginal communities include  

individuals who need a certain level of support, which requires greater attention  to that extent. Understanding and addressing marginalization are essential steps  toward creating a more equitable and inclusive society. There are commendable  efforts made by our government for this community for their benefits and  wellbeing, but at the same stage, there are also kinds of invisible facts, de facto,  that are actual facts but not recognized by law and that fit contradictions to be  made to de jure as visible in legal, social, socio-economic, and socio-legal  concepts. When Rights v. Realities is used as a measurable tool to interpret our  Indian society, the actual scenario of major issues with its clue towards the  solution reveals. 

  1. Recommendation 

Separate and special acts for marginalized communities are a  

very crucial aspect of promoting equality and protecting human rights in a just  world. There should be a special act only mentioning this particular  community, as this group needs special care and attention in some aspects in 

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which they face injustices and inequality. The act should clearly define this  particular group of individuals who belong to this community. Separate  legislation should be merged, which fits in with the definition of individuals  who are marginalized by their factors of unjust nature in dealing with subject  matters with equal and just recognition. This specific definition of who to  include in the marginal community would be clear and precise with including  and excluding terms. By addressing this suggestion, there will be more  directions provided to this group for their upliftment. 

  1. REFERENCES  

1Sexual violence. (n.d.). MHA at WCL. https://www.wclmentalhealthalliance.com/sexual violence 

2 Horler, R. (2023, June 1). The impact of marginalising older people in society. St Johns  Foundation | Good Living & Funding Support in  Bath. https://stjohnsbath.org.uk/2023/05/22/the-impact-of-marginalising-older-people-in society/

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3 Beti Bachao, Beti Padhao: Caring for the girl child. (n.d.). Prime Minister of  India. https://www.pmindia.gov.in/en/news_updates/beti-bachao-beti-padhao-caring-for-the girl-child/ 

 

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