CBSE Class 8 Social Science Chapter 8: Confronting Marginalisation NCERT Solutions

Dalits can draw upon the following two Fundamental Rights enshrined in the Indian Constitution to assert their right to be treated with dignity and as equals:

1. Right to Equality: This right, primarily covered under Articles 14 to 18, ensures that all individuals are equal before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It guarantees equal opportunities in matters of public employment and abolishes untouchability, directly addressing the historical discrimination faced by Dalits.
2. Right to Freedom: This right, detailed in Articles 19 to 22, includes freedoms such as freedom of speech and expression, freedom to assemble peacefully, and freedom to move freely throughout the territory of India. It also protects personal liberty and life, ensuring that Dalits can live without fear of arbitrary action and can express themselves freely, contributing to their dignity.

Rathnam likely used the 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act to file a complaint because he and his family were subjected to severe ill-treatment, humiliation, and violence by the dominant castes in his village. The Act was specifically enacted to protect Dalits and tribal groups against such atrocities and to ensure that they are not subjected to discrimination or violence. Rathnam's hut was burnt, and his family was forced to leave their village due to ostracization, which are grave offenses covered under this Act. Filing a complaint under this law would allow him to seek legal recourse against the powerful castes and protest the injustice and domination he and his family experienced.

Adivasi activists, like C.K. Janu, believe that the 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act can be a powerful tool to fight against dispossession because the Act provides specific protections against actions that lead to the loss of tribal lands and resources. A key provision that allows them to believe this is the Act's guarantee that tribal people will not be forcibly dispossessed from their land. Furthermore, the Act reinforces the constitutional promise that tribal lands should not be sold to or bought by non-tribal people. In instances where such illegal transfers have occurred, the Constitution, and by extension the spirit of the 1989 Act, guarantees the right of tribal people to repossess their land. This legal backing empowers Adivasi activists to challenge land alienation and fight for their ancestral rights.