AU-7085

B.A.LLB& B.COM. LLB (SIXTH SEMESTER) EXAMINATION, 2015

ECONOMICS-III (LAW, POVERTY AND DEVELOPMENT)

MODEL ANSWER

Section A

1. Attempt all questions:

i) What is Lok Adalats?

Section 2(d) of Legal Services Authority Act 1987 defines, as Lok Adalat means a lok adalat organised under Chapter VI of Legal Services Authority Act 1987. It is an

Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organise Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

ii) Give the meaning of poverty line.

In India, the minimum calories intake of a person has been put at 2400 in Rural area & 2100 in Urban areas.

To convert this calorie intake based poverty line into a monetary measure of poverty, the cost of minimum consumption requirements of food providing the minimum calories is calculated at prevailing price.

The poverty line was originally fixed in terms of income/food requirements in 1978. It was stipulated that the calorie standard for a typical individual in rural areas was 2400 calorie and was 2100 calorie in urban areas.

iii) Mention the different types of unemployment.

Seasonal,cyclical, disguised, chronical

iv) What are the two constitutional articles mentioned for the Right to Education.

Articles 21-A, 45

v) Give two reasons for the presence of Child Labour in India.

Poverty, illiteracy (lack of awareness)

vi) What are the constitutional provisions to protect the forest resources.

48 A, 51-A(g).

vii) What is the meaning of NALSA.

It is an authority, constituted at national level, known as National Authority for Legal Services and Aid under legal services authority Act 1987. It provides free legal aid to poor people.

viii) What do you understand by the term development in the Indian context.

India is a developing country. It is facing so many problems with regard to economy, social set ups and infrastructures. All these sectors have tobe developed in the best of the people.

ix) What is meant by relative poverty.

Relative Poverty refers to the income or asset position of one class or group of people in comparison with the other classes or groups, or of one individual vis--vis the others.

x) What do you mean by vulnerable groups.

SC,ST, OBC, women, Children.

xi) Mention the duration of the 8th Five Year Plan.

1st April 1992 to 31st March 1997.

xii) What is Civil Right.

Civil Rights are those rights which have been conferred by a nation to the citizens. It includes general rights to the people like right to equality, vote, freedom of speech of expression, right to life, right against exploitation, social, educational, cultural rights etc.

xiii) What are the target growth rate and achievement % of the First Five Year plan.

2.1, 3.6

xiv) Mention two objectives of the Eleventh Five Year Plan.

To create employment opportunities.

To enhance skill development.

xv) Mention the constitutional provisions for Human Rights.

Articles 14,15,21,19,20,22,23,24 etc.

Section- B Short Answer Type Questions:

2. Describe the Public Interest Litigation.

It is the right available to the citizens of India. Any person can file PIL. It does not entertain any individual or provate rights. File can be put up on the matters like bonded labour, neglected children, riots victims, pension, harrassment,forest protection, backward class Kidnapin, murder, service matters etc.

3. What are the different schemes of generating employment opportunities.

Government sponsored programmes, Ngos sponsored activities, self business, Mnarega,etc.

4. Explain the rights to Forest dwellers.

The Ministry of Tribal Affairs is the nodal agency for implementing the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The Act seeks to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. The Act was notified for operation with effect from 31.12.2007. The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Rules,2008 for implementing the provisions of the Act were notified on 1.1.2008. As per the provisions of the Act and the Rules framed thereunder, the onus of implementation of the Act lies at the level of the State/UT Governments. The Act seeks to recognize and vest certain forest rights in the forest dwelling Scheduled Tribes and other traditional forest dwellers. The Ministry, to ensure that the intended benefits of this welfare legislation flow to the eligible forest dwellers, has also issued comprehensive guidelines to the State/UT Governments on 12.7.2012 for better implementation of the Act. Further, to strengthen the Forest Right Rules, 2008, the Ministry has also notified the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 on 6.9.2012.

5. Briefly explain the 12th Five Year Plan.

The Twelfth Five-Year Plan of the Government of India has decided for the growth rate at 8.2% but the National Development Council (NDC) on 27 Dec 2012 approved 8% growth rate for 12th five-year plan.

With the deteriorating global situation, the Deputy Chairman of the Planning Commission Mr Montek Singh Ahluwalia has said that achieving an average growth rate of 9 percent in the next five years is not possible. The Final growth target has been set at 8% by the endorsement of plan at the National Development Council meeting held in New Delhi.

"It is not possible to think of an average of 9% (in 12th Plan). I think somewhere between 8 and 8.5 percent is feasible, Mr Ahluwalia said on the sidelines of a conference of State Planning Boards and departments. The approached paper for the 12th Plan, approved last year, talked about an annual average growth rate of 9%.

When I say feasible... that will require major effort. If you dont do that, there is no God given right to grow at 8 percent. I think given that the world economy deteriorated very sharply over the last year...the growth rate in the first year of the 12th Plan (2012-13) is 6.5 to 7 percent.

He also indicated that soon he would share his views with other members of the Commission to choose a final number (economic growth target) to put before the countrys NDC for its approval.

The government intends to reduce poverty by 10% during the 12th Five-Year Plan. Mr Ahluwalia said, We aim to reduce poverty estimates by 9% annually on a sustainable basis during the Plan period. Earlier, addressing a conference of State Planning Boards and Planning departments, he said the rate of decline in poverty doubled during the 11th Plan. The commission had said, while using the Tendulkar poverty line, the rate of reduction in the five years between 200405 and 200910, was about 1.5%points each year, which was twice that when compared to the period between 1993-95 to 2004-05.

6. What do you understand by Human Rights.

Human rights are those rights given naturally to the human beings to live in this world. Articles 1,15,16,17,19,21,21A etc. will clear the meaning of human rights.

7. Describe to role of Institutions of Legal Education in Legal aid services.

Legal Institutes like NALSA, SALSA, are imparting the legal ais services to produce better service givers. The role of these institutes is very vital in terms of making India shine.

8. Discuss the Regional Disparity in India.

Regional disparity means region-wise disparity in terms of economic, social, infrastructural, political, industrial basis.It is taking place in India. People are suffering from this. The government has to think positively giving all regions equal importance.

9. Mention the causes of underdeveloment in Indian Economy.

Corruption is the main cause of underdevelopment in Indian Economy. Inadequate economic resources. Negative Mentality of the people. Corrupt system of education. Commission system etc.

Section C Long Answer type questions

10. Explain the objectives and achievements of 3rd, 4th, 6th, 7th and 9th five Year Plan.

Introduction: The First Five-Year Plan was one of the most important because it had a great role in the launching of Indian development after the Independence. Thus, it strongly supported agriculture production and it also launched the industrialization of the country (but less than the Second Plan, which focused on heavy industries).

Third Plan (19611966)

The Third Five-year Plan stressed agriculture and improvement in the production of wheat, but the brief Sino-Indian War of 1962 exposed weaknesses in the economy and shifted the focus towards the defence industry and the Indian Army. In 19651966, India fought a War with Pakistan. There was also a severe drought in 1965. The war led to inflation and the priority was shifted to price stabilisation. The construction of dams continued. Many cement and fertilizer plants were also built. Punjab began producing an abundance of wheat.

Many primary schools were started in rural areas. In an effort to bring democracy to the grass-root level, Panchayat elections were started and the states were given more development responsibilities.

State electricity boards and state secondary education boards were formed. States were made responsible for secondary and higher education. State road transportation corporations were formed and local road building became a state responsibility.

The target growth rate was 5.6%, but the actual growth rate was 2.4%.[6]

Due to miserable failure of the Third Plan the government was forced to declare "plan holidays" (from 196667, 196768, and 196869). Three annual plans were drawn during this intervening period. During 1966-67 there was again the problem of drought. Equal priority was given to agriculture, its allied activities, and industrial sector. The main reasons for plan holidays were the war, lack of resources, and increase in inflation.

Fourth Plan (19691974)

At this time Indira Gandhi was the Prime Minister. The Indira Gandhi government nationalised 14 major Indian banks and the Green Revolution in India advanced agriculture. In addition, the situation in East Pakistan (now Bangladesh) was becoming dire as the Indo-Pakistan War of 1971 and Bangladesh Liberation War took funds earmarked for industrial development. India also performed the Smiling Buddha underground nuclear test in 1974, partially in response to the United States deployment of the Seventh Fleet in the Bay of Bengal. The fleet had been deployed to warn India against attacking West Pakistan and extending the war.

The target growth rate was 5.6%, but the actual growth rate was 3.3%.[6]

Sixth Plan (19801985)

The Sixth Five-Year Plan marked the beginning of economic liberalisation. Price controls were eliminated and ration shops were closed. This led to an increase in food prices and an increase in the cost of living. This was the end of Nehruvian socialism.

Family planning was also expanded in order to prevent overpopulation. In contrast to China's strict and binding one-child policy, Indian policy did not rely on the threat of force[citation needed]. More prosperous areas of India adopted family planning more rapidly than less prosperous areas, which continued to have a high birth rate.

The Sixth Five-Year Plan was a great success to the Indian economy. The target growth rate was 5.2% and the actual growth rate was 5.4%.[6] The only Five-Year Plan which was done twice.[clarification needed]

Seventh Plan (19851990)

The Seventh Five-Year Plan marked the comeback of the Congress Party to power. The plan laid stress on improving the productivity level of industries by upgrading of technology.

The main objectives of the Seventh Five-Year Plan were to establish growth in areas of increasing economic productivity, production of food grains, and generating employment.

As an outcome of the Sixth Five-Year Plan, there had been steady growth in agriculture, controls on the rate of inflation, and favourable balance of payments which had provided a strong base for the Seventh Five-Year Plan to build on the need for further economic growth. The Seventh Plan had strived towards socialism and energy production at large. The thrust areas of the Seventh Five-Year Plan were: social justice, removal of oppression of the weak, using modern technology, agricultural development, anti-poverty programmes, full supply of food, clothing, and shelter, increasing productivity of small- and large-scale farmers, and making India an independent economy.

Based on a 15-year period of striving towards steady growth, the Seventh Plan was focused on achieving the prerequisites of self-sustaining growth by the year 2000. The plan expected the labour force to grow by 39 million people and employment was expected to grow at the rate of 4% per year.

Under the Seventh Five-Year Plan, India strove to bring about a self-sustained economy in the country with valuable contributions from voluntary agencies and the general populace.

The target growth rate was 5.0% and the actual growth rate was 6.01%.

Ninth Plan (1997-2002)

The Ninth Five-Year Plan came after 50 years of Indian Independence. Atal Bihari Vajpayee was the Prime Minister of India during the Ninth Five-Year Plan. The Ninth Five-Year Plan tried primarily to use the latent and unexplored economic potential of the country to promote economic and social growth. It offered strong support to the social spheres of the country in an effort to achieve the complete elimination of poverty. The satisfactory implementation of the Eighth Five-Year Plan also ensured the states' ability to proceed on the path of faster development. The Ninth Five-Year Plan also saw joint efforts from the public and the private sectors in ensuring economic development of the country. In addition, the Ninth Five-Year Plan saw contributions towards development from the general public as well as governmental agencies in both the rural and urban areas of the country. New implementation measures in the form of Special Action Plans (SAPs) were evolved during the Ninth Five-Year Plan to fulfil targets within the stipulated time with adequate resources. The SAPs covered the areas of social infrastructure, agriculture, information technology and Water policy.

Budget

The Ninth Five-Year Plan had a total public sector plan outlay of 8,59,200 crores. The Ninth Five-Year Plan also saw a hike of 48% in terms of plan expenditure and 33% in terms of the plan outlay in comparison to that of the Eighth Five-Year Plan. In the total outlay, the share of the centre was approximately 57% while it was 43% for the states and the union territories.

The Ninth Five-Year Plan focused on the relationship between the rapid economic growth and the quality of life for the people of the country. The prime focus of this plan was to increase growth in the country with an emphasis on social justice and equity. The Ninth Five-Year Plan placed considerable importance on combining growth oriented policies with the mission of achieving the desired objective of improving policies which would work towards the improvement of the poor in the country. The Ninth Five-Year Plan also aimed at correcting the historical inequalities which were still prevalent in the society.

Objectives

The main objective of the Ninth Five-Year Plan was to correct historical inequalities and increase the economic growth in the country. Other aspects which constituted the Ninth Five-Year Plan were:

Population control.

Generating employment by giving priority to agriculture and rural development.

Reduction of poverty.

Ensuring proper availability of food and water for the poor.

Availability of primary health care facilities and other basic necessities.

Primary education to all children in the country.

Empowering the socially disadvantaged classes like Scheduled castes, Scheduled tribes and other backward classes.

Developing self-reliance in terms of agriculture.

Acceleration in the growth rate of the economy with the help of stable prices.

Strategies

Structural transformations and developments in the Indian economy.

New initiatives and initiation of corrective steps to meet the challenges in the economy of the country.

Efficient use of scarce resources to ensure rapid growth.

Combination of public and private support to increase employment.

Enhancing high rates of export to achieve self-reliance.

Providing services like electricity, telecommunication, railways etc.

Special plans to empower the socially disadvantaged classes of the country.

Involvement and participation of Panchayati Raj institutions/bodies and Nagar Palikas in the development process.

Performance

The Ninth Five-Year Plan achieved a GDP growth rate of 5.4% against a target of 6.5%

The agriculture industry grew at a rate of 2.1% against the target of 4.2%

The industrial growth in the country was 4.5% which was higher than that of the target of 3%

The service industry had a growth rate of 7.8%.

An average annual growth rate of 6.7% was reached.

The Ninth Five-Year Plan looks through the past weaknesses in order to frame the new measures for the overall socio-economic development of the country. However, for a well-planned economy of any country, there should be a combined participation of the governmental agencies along with the general population of that nation. A combined effort of public, private, and all levels of government is essential for ensuring the growth of India's economy.

The target growth was 7.1% and the actual growth was 6.8%.

11. Write short notes on: a) Right to Education. B) Right to Food Security. C) Right to Information.

Right to Education:

Introduction:It means that every child should be able to procure academic education without any barriers. In india it is a system of imparting a free education to all the children upto class 8th. At present the talk is going on to impart free education upto std.12th.

Need: 1. It broadens the horizon of thinking of human beings.

2. It generates more effeicient and significant jobs.

3.It leads to a better society and thus a welfare state.

4. it helps in providing a better standards of living.

Constitutional Provisions: Article 16, Article 21, 21A,30, 45, 46 etc.

Legislation:

1. Sab Padhe Sab Badhe

2. Mid-day meal

3. Right to Education Act 2005.

4. Sarva Shiksha Abhiyan

5. Beti bachao, beti padhao.

6. Kasturba vidhyalaya.

7. SC/ST Residential education

Issues:

1. Lack of awareness among rural illiterate people.

2. Lack of interest in education of children especially, female children

3. Lack of implementation of schemes.

4. Corruption leading to lowering down the funds.

Right to Food Security:

Introduction:

Needs:Food is a basic necessity for survival of the human beings. Lack of food leads to high mortality rate.It also generates healthy human race if it is secured.

Constitutional Provisions:Artcles 14,21,39 (e), 51.

Legislation:

1. PDS

2. Food Security Act,

3. Annapurna Yojna

4. Antayodaya

Issues:

1. Lack of transparency in govt. functioning.

2. Low quality of food supply

3. Insufficient Production

4. Lack of awareness.

Right to Information:

Introduction

Needs:public money. Corrupt indian system.

Constitutional provisions: Articles 19 (1)(a), 51

Right to Information Act 2003, gives benefits to people. It is reliable, reduces corruption, accountability.

12. Describe the causes, effects of poverty and suggest the remedial measures to reduce the poverty level in India.

Introduction:

Poverty is the term, widespread not only in India, but also in the whole world. India stands the third position in the world with regard to the poverty. According to the World Bank estimate of 2005 a total of 41.6%Indian population falls below the International poverty line of US $ 1.25 per day, meaning Rs. 21.6/- per day, per person a day in urban areas and Rs. 14.3/- in rural areas. According to 2010 data from the United Nations Development Programme (UNDP), an estimated 37.2% of Indians live below the countrys national poverty line. A recent report by the Oxford Poverty and Human Development Initiative states that Eight (8) Indian states have more poor than 26 poorest African nations combined which totals to more than 410 million poor in the poorest African countries. According to a new UN Millennium Development Goals Report, as many as 320 million people in India and China are expected to come out of extreme poverty, in the next four years, while Indias poverty rate is projected to drop to 22% in 2015. The report also indicates that in Southern Asia, however, only India, where the poverty rate in projected to fall from 51% in 1990 to about 22% in 2015, is on track to cut poverty in half by the 2015 target date.

In recent years UNICEF concluded after its survey that one in three malnourished children worldwide are found In India 42 percent of children under five were underweight. Infact there has been no uniform measure of poverty in India. The Planning Commission of India has accepted the Tendulkar Committee report which says that 37% of people in India live below the poverty line. The Arjun Sengupta Report , from National Commission for Enterprises in the Unorganised Sector, states that 77% of Indians live on less than Rs. 20/- per day (about $ 0.50 per day). A study by the Oxford Poverty and Human Development Initiative using a Multi-dimensional Poverty Index (MPI) found that there were 53.7% (650 million) people living in poverty in India, of which 28.6% (340 Million) people were living in severe poverty, and that a further 16.4% (198 million) people were vulnerable to poverty. A total of 421 million poor people are concentrated in eight North Indian and East Indian states of Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh, Orissa, Rajasthan, Uttar Pradesh and West Bengal. This number is higher than the 410 million poor living in the 26 poorest African Nations.

POVERTY

1. Relative Poverty: Relative Poverty refers to the income or asset position of one class or group of people in comparison with the other classes or groups, or of one individual vis--vis the others.

The essential point here is that Poverty of one is relative to the richness of the other.

For Example: An average middle class person is poor compared to the upper middle class person who in turn, may be poorer than the richer person and so on.

Measures of relative poverty are almost the same as measuring income inequality.

The term relative poverty can also be used in a different sense to mean "moderate poverty"- for example, a standard of living or level of income that is high enough to satisfy basic needs (like water, food, clothing, shelter, and basic health care), but still significantly lower than that of the majority of the population under consideration.

2. Absolute Poverty: It is associated with a minimum level of living or minimum consumption requirements of food, clothing, housing, health etc.

All those people who fail to secure income or assets to have access to even these minimum consumption requirements are classified as Poor.

Absolute poverty is a level of poverty as defined in terms of the minimal requirements necessary to afford minimal standards of food, clothing, health care and shelter.

According to a UN declaration that resulted from the world Summit on Social Development in Copenhagen in 1995, absolute poverty is "a condition characterised by severe deprivation of basic human needs, including food, safe drinking water, sanitation facilities, health, shelter, education and information. It depends not only on income but also on access to services

David Gordon's paper, "Indicators of Poverty & Hunger speaks of the indicators of poverty, as given below.

Food: Body Mass Index must be above 16.

Safe drinking water: Water must not come solely from rivers and ponds, and must be available nearby (less than 15 minutes' walk each way).

Sanitation facilities: Toilets or latrines must be accessible in or near the home.

Health: Treatment must be received for serious illnesses and pregnancy.

Shelter: Homes must have fewer than four people living in each room. Floors must not be made of dirt, mud, or clay.

Education: Everyone must attend school or otherwise learn to read.

Information: Everyone must have access to newspapers, radios, televisions, computers, or telephones at home.

Access to services: This item is undefined by Gordon, but normally is used to indicate the complete panoply of education, health, legal, social, and financial (credit) services.

POVERTY LINE

Poverty Line is drawn on the basis of Expenditure that is necessary to secure the minimum acceptable living standard for work & efficiency.

Since food is the most basic requirement, so Poverty Line is drawn on the basis of a minimum necessary nutritional standard expressed in terms of calories per day.

In India, the minimum calories intake of a person has been put at 2400 in Rural area & 2100 in Urban areas.

To convert this calorie intake based poverty line into a monetary measure of poverty, the cost of minimum consumption requirements of food providing the minimum calories is calculated at prevailing price.

The poverty line was originally fixed in terms of income/food requirements in 1978. It was stipulated that the calorie standard for a typical individual in rural areas was 2400 calorie and was 2100 calorie in urban areas. Let us have a birds eye view in terms of rupees an Indian person was/is getting.

Year

Rural India (in Rs.)

Urban India (in Rs.)

1978

61.80

71.30

2000-2001

328

454

2005-2006

368

560

2009-2010

3364 per month per family (5)

4298 per month per family (5)

A common man is reluctant to consider the official national poverty lines set by the planning commission, at Rs. 32 and Rs. 26 per person per day for urban and rural areas respectively, to be acceptable benchmarks to measure the extent of poverty in India.

The commission has been computing poverty ratios since 1979 based on the Alagh Committee Report of that year. This procedure was subsequently modified by the Lakdawala Committee (1993).

The commission appointed an expert group led by Suresh Tendulkar to suggest a new poverty line. It submitted its report in 2009. It used the latest data to construct a new poverty line basket to replace the outdated 1973-74 consumption basket.

It moved away from the calorie intake as anchor for poverty estimation and included price indices for health and education. Contrary to popular belief, the poverty line was higher in Tendulkar Committee's approach, compared to earlier procedures: earlier, the all-India rural poverty line was 356.30 while the Tendulkar Committee suggested 446.68 for 2004-05 - an increase of 25%. Of course, one can find fault with the committee's methodology.

The poverty line in 2009-10 was 4,298 per month for a family in urban and 3,364 per month for a family in rural areas. There are questions on whether one can live with this amount of money. However, even if you take the higher poverty line, rate of change would be more or less the same. Even if you increase poverty line and bring 50-60% of population below this line, the fact is that 350 million lived below the poverty line in 2009-10 in India. This is a matter of concern and the need for increase in income for these people is obvious.

Causes of poverty

1. Under developed nature of the Indian economy.

2. Inequalities In income and assets distribution cause additional income from development to be concerned by a few rich people.

3. Rapidly growing population is a major cause of low per capita income and poverty in India.

4. Large scale unemployment causes lowering of the levels of living of people.

5. Inflation has reduced purchasing power of money. This has reduced real income and thus people can buy less and consume less with given income. This has added to poverty.

6. Rural character of India's economy has also its bearing on rural poverty.

7. Sociological reasons too have contributed to unemployment and poverty in India.

Measures to Reduce Poverty

Agriculture and other rural vocations should be rapidly developed so as to eradicate rural poverty.

Village and small industries should be developed to create greater employment both in rural and urban areas.

Programmes should be implemented that directly target the poor and help them to increase their income and consumption.

Income inequalities should be reduced by way of implementing the following points:

Labour legislation should ensure better wages.

Goods required by the poor must be subsidized.

Free health care and education should be provided to the poor.

Persons, after having duly identified, belonging to poor families must be provided employment.

Rapid growth of population must be controlled and population growth rate be brought down through natural family planning, education, awareness, incentives etc.

Pradhan mantri gram sadak yojana (PMGSY)

Launched in 25 TH December, 2000 to provide road connectivity through good all weather roads to all the eligible unconnected habitations in the rural areas by the end of tenth plan.

Indira awas yojana (IAY)

Major scheme for construction of houses to be given to the poor, free of cost.

Swaranjayanti gram swarozgar yojana (SGSY)

Launched in 2001, aiming at

I. Providing wage employment in rural areas.

II. Food security.

III. Creation of durable community, social and economic assets.

Employment assurance scheme (EAS) and jawahar gram sammridhi yojana (JGSY) were merged since April, 2002.

National food for work programme

Launched in November, 2004 in 150 backward districts of the country with the objective of providing more opportunities of wage employment and ensuring certain minimum nutritional levels for rural poor.

Valmiki ambedkar awas yojana (VAMBAY)

Launched in 2001 to facilitate the construction and upgradation of dwelling units for the slum dwellers and provides a healthy and enabling urban environment through community toilets.

The swaran jayanti shahkari rozgar yojana (SJSRY)

Came into operation from December, 1997 submerging the three earlier urban poverty alleviation programmes viz., Nehru Rozgar Yojana (NRY), Urban Basic Services Programmes (UBSB) and Prime Minister Integrated Urban Poverty Eradication Programme (PMIUPEP).

Seeks to provide employment to the urban unemployed or under employed poor by encouraging the setting up of self-employment ventures or provisions of wage employment.

Mahatma Gandhi National Rural Employment Guarantee Scheme ( MGNREGA ) was started on 2nd Feb 2006, but was renamed after the name of Mahatma Gandhi on 2nd oct. 2009. The main goal of this scheme is to provide rural employment to the eligible rural people for 100 days per year. The focus is to involve the unskilled labour force and especially the women. At present the scheme has been expanded to other sectors like fisheries, poultry and other income generating activities.

Conclusion:

poverty is a great curse. It is the biggest hurdle in the way of economic development. Ranger Nurkse in ''Problems of Capital Formation in Underdeveloped Countries'' describes 'vicious circle of poverty as the basic cause of under-development of poor countries. According to him, a country is poor because it is poor. The vicious circle of poverty means the following:

Lower per capita incomes make it extremely difficult for poor nations to save and invest, a condition that perpetuates low productivity and low incomes. Furthermore, rapid population growth may quickly absorb increases in per capita real income and thereby may negate the possibility of breaking out of the underdevelopment circle.

13. Explain the laws related to scheduled caste, Scheduled Tribe, bonded Labour, Child Labour and Unorganised labour.

Provisions for weaker sectionsThe constitution has adopted the principle of Compensatory Discrimination to uplift the weaker sections. Under this principle, the constitution has made provisions that compensate these sections by discriminating in favor of them for past wrongs. The following are the various provisions provided in the constitution for this purpose:

For SCs/STs

Art. 15(4) : Clause 4 of article 15 is the fountain head of all provisions regarding compensatory discrimination for SCs/STs. This clause was added in the first amendment to the constitution in 1951 after the SC judgement in the case of Champakam Dorairajan vs State of Madras AIR 1951. It says thus, "Nothing in this article or in article 29(2) shall prevent the state from making any provisions for the advancement of any socially and economically backward classes of citizens or for Scheduled Castes and Scheduled Tribes." This clause started the era of reservations in India.

In the case of Balaji vs State of Mysore AIR 1963, the SC held that reservation cannot be more than 50%. Further, that art. 15(4) talks about backward classes and not backward castes thus caste is not the only criterion for backwardness and other criteria must also be considered.

Finally, in the case of Indra Sawhney vs Union of India AIR 1993, SC upheld the decision given under Balaji vs State of Mysore that reservation should not exceed 50% except only in special circumstances. It further held that it is valid to sub-categorize the reservation between backward and more backward classes. However, total should still not exceed 50%. It also held that the carry forward rule is valid as long as reservation does not exceed 50%.

Art.15 (5) : This clause was added in 93rd amendment in 2005 and allows the state to make special provisions for backward classes or SCs or STs for admissions in private educational institutions, aided or unaided.Art.16(4): This clause allows the state to reserve vacancies in public service for any backward classes of the state that are not adequately represented in the public services.Art. 16 (4A): This allows the state to implement reservation in the matter ofpromotion for SCs and STs.Art. 16(4B): This allows the state to consider unfilled vacancies reserved for backward classes as a separate class of vacancies not subject to a limit of 50% reservation.

Art. 17: This abolishes untouchability and its practice in any form. Although the term untouchability has not been defined in the constitution or in any act but its meaning is to be understood not in a literal sense but in the context of Indian society. Due to the varna system, some people were relegated to do menial jobs such as cleaning toilets. Such people were not to be touched and it was considered a sin to even touch their shadow. They were not even allowed to enter public places such as temples and shops. The constitution strives to remove this abhorring practice by not only making the provision a fundamental right but also allows punishment to whoever practices or abets it in any form. Towards this end, Protection of Civil Rights Act 1955 was enacted. It has implemented several measures to eradicate this evil from the society. It stipulates up to 6 months imprisonment or 500 Rs fine or both. It impresses upon the public servant to investigate fully any complaint in this matter and failing to do so will amount to abetting this crime. In the case of State of Kar. vs Appa Balu Ingle 1993, SC upheld the conviction for preventing a lower caste person from filling water from a bore well.In Asiad Projects Workers Case 1982, SC has held that right under Art 17is available against private individuals as well and it is the duty of the state to ensure that this right is not violated.

Art. 19(5): It allows the state to impose restriction on freedom of movement or of residence in the benefit of Scheduled Tribes.

Art. 40: Provides reservation in 1/3 seats in Panchayats to SC/ST.Art. 46: Enjoins the states to promote with care the educational and economic interests of the weaker sections, specially SC and STs.

Art. 164: Appoint special minister for tribal welfare in the states of MP, Bihar, and Orrisa.

Art. 275: Allows special grant in aids to states for tribal welfare.

Art. 330/332: Allows reservation of seats for SC/ST in the parliament as well as in state legislatures.

Art. 335: Allows relaxation in qualifying marksfor admission in educational institutes or promotions for SCs/STs.In the case of State of MP vs Nivedita Jain AIR 1981, SC held that completerelaxation of qualifying marks for SCs/STs in Pre-Medical Examinations for admission to medical colleges is valid.

Art. 338/338A/339: Establishes a National Commission of SCs and STs. Art. 339 allows the central govt. to direct states to implement and execute plans for the betterment of SC/STs.

Art. 340: Allows the president to appoint a commission to investigate the condition of socially and economically backward classes and table the report in the parliament.

For women

Art. 15(3): It allows the state to make special provisions for women and children. Several acts such as Dowry Prevention Act have been passed including the most recent one of Protection of women from domestic violenceAct 2005.Art. 23: Under the fundamental right against exploitation, flesh trade has been banned.Art. 39: Ensures equal pay to women for equal work.In the case of Randhir Singh vs Union of India 1982, SC held that the concept of equal pay for equal work is indeed a constitutional goal and is capable of being enforced through constitutional remedies under Art. 32. Art. 40: Provides 1/3 reservation in panchayat.Art. 42: Provides free pregnancy care and delivery.Art. 44: It urges the state to implement uniform civil code, which will help improve the condition of women across all religions. It has, however, not been implemented due to politics. In the case of Sarla Mudgal vs Union of India AIR 1995, SC has held that in Indian Republic there is to be only one nation i.e. Indian nation and no community could claim to be a separate entity on the basis of religion.

There is a plan to provide reservation to women in parliament as well.

For childrenArt. 19 A: Educationup to 14 yrs has been made a fundamental right. Thus, the state is required to provide school education to children.In the case of Unni Krishnan vs State of AP AIR 1993, SC held that right to education for children between 6 to 14 yrs of age is a fundamental right as it flows from Right to Life. After this decision, education was made a fundamental right explicitly through 86th amendment in 2002.

Art. 24: Children have a fundamental right against exploitation and it is prohibited to employ children below 14 yrs of age in factories and any hazardous processes. Recently the list of hazardous processes has been update to include domestic, hotel, and restaurant work.Several PILs have been filed in the benefit of children. For example, MCMehta vs State of TN AIR 1991, SC has held that children cannot be employed in match factories or which are directly connected with the process as it is hazardous for the children. In the case of Lakshmi Kant Pandey vs Union of India, AIR 1984, J Bhagvati has laid down guidelines for adoption of Indian children by foreigners.

Art. 45: Urges the state to provide early childhood care and education for children up to 6 yrs of age.

For older citizensArt 41: Urges the state to give assistance in the matter of employment, education, and public assistance in cases of unemployment, old age, sickness.

BONDED LABOUR/CHILD LABOUR

Indian Constitution

Article 21 of the Constitution of India guarantees the right to life and liberty. The practice of bonded labor violates all of these constitutionally-mandated rights.

Article 23 of the constitution prohibits the practice of debt bondage and other forms of slavery both modern and ancient:

All labor rewarded with less than the minimum wage, then, constitutes forced labor and violates the Constitution of India.

Article 24 prohibits the employment of children in factories, mines, and other hazardous occupations (No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Constitution of India, Article 24). Together, Articles 23 and 24 are placed under the heading Right against Exploitation, one of Indias constitutionally-proclaimed fundamental rights.

Article 39 requires the state to direct its policy toward securing the rights of children vis--vis their health and their opportunity to develop themselves.

Bonded Labour System (Abolition) Act, 1976

The Bonded Labour System (Abolition) Act purports to abolish all debt agreements and obligations arising out of Indias longstanding bonded labor system [Consequently, post-act social action litigation on behalf of bonded laborers is brought under both the Bonded Labour System (Abolition) Act and the Constitution of India. In addition, there are numerous laws that have so many loopholes that they are rendered ineffective.

Children (Pledging of Labour) Act, 1933

Child Labour (Prohibition and Regulation) Act, 1986

The Child Labour (Prohibition and Regulation) Act was enacted in 1986 and defines a child as a person who has not completed their fourteenth year of age [Child Labour (Prohibition and Regulation) Act, 1986, Part I, Section 2(ii)].

Factories Act, 1948

Beedi and Cigar Workers (Conditions of Employment) Act, 1966

Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act, 1989

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

Contract Labour (Regulation and Abolition) Act, 1970

Minimum Wages Act, 1948

Plantation Labour Act, 1951

Apprentices Act, 1961

Shops and Establishments Act, 1961

Suppression of Slave Trade and Slavery, 1926

Forced Labour Convention, 1930

International Covenant on Civil and Political Rights (ICCPR), 1966

Article 8 of the ICCPR prohibits slavery and the slave trade in all their forms, servitude, and forced or compulsory labor. Article 24 entitles all children to the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State

International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966

Convention on the Rights of the Child, 1989

Article 32: States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or be harmful to the childs health or physical, mental, spiritual, moral or social development

Article 35: States Parties shall take all appropriate. . . measures to prevent the abduction, the sale of or traffic in children for any purpose or in any form.

Article 36: States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the childs welfare

Unorganised Sector:

Article 41

Right to work, to education and to public assistance in certain cases

State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Article 42

Provision for just and humane conditions of work and maternity relief

State shall make provision for securing just and humane conditions of work and for maternity relief.

Employees State Insurance Act, 1948 (ESI Act)

covers factories and establishments with 10 or more employees

Provides medical care to employees and their families.

Provides Cash benefits during sickness and maternity

Monthly pension after death or permanent disability.

Employees Provident Funds Act, 1952

applies to specific scheduled factories and establishments employing 20 or more employees and ensures terminal benefits to provident fund, superannuation pension, and family pension in case of death during service.

Workmens Compensation Act, 1923 (WC Act)

Requires payment of compensation to the workman or his family in cases of employment related injuries resulting in death or disability.

Maternity Benefit Act, 1961 (M.B. Act)

provides for 12 weeks wages during maternity as well as paid leave in certain other related contingencies.

Payment of Gratuity Act, 1972 (P.G. Act)

provides 15 days wages for each year of service to employees who have worked for five years or more in establishments having a minimum of 10 workers.