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Human Rights of Weaker Sections - Rights of the Poor

 

AUTHOR: SHIVANSHU KATARE

1. Introduction to Rights of the Poor

  • Definition of Poverty:
    Poverty refers to the lack of basic human needs, including food, shelter, education, and healthcare, due to an inability to afford them.
  • Importance of Protecting Rights of the Poor:
    • Ensures social justice and equality.
    • Reduces vulnerability and exploitation.
    • Promotes sustainable development and inclusive growth.

2. Key Human Rights of the Poor

The rights of the poor are derived from the broader framework of human rights and are recognized under international and domestic laws.

A. Right to Life

  • Ensured under Article 21 of the Indian Constitution.
  • Includes:
    • Right to live with dignity.
    • Access to necessities like food, water, and shelter.

B. Right to Equality

  • Guaranteed under Article 14 (Equality before law) and Article 15 (Prohibition of discrimination).
  • Prevents discrimination based on economic status.

C. Right to Livelihood

  • Olga Tellis v. Bombay Municipal Corporation: Right to livelihood is part of the right to life.
  • Protection against forced eviction and access to work opportunities.

D. Right to Education

  • Ensured under Article 21A (Right to Free and Compulsory Education).
  • Provides free education to children aged 6-14 years, aiming to break the cycle of poverty.

E. Right to Food

  • National Food Security Act, 2013: Provides subsidized food grains to the poor.
  • Linked with Article 21 and the directive principles of state policy.

F. Right to Health

  • Recognized as integral to the right to life.
  • Includes affordable healthcare, sanitation, and safe drinking water.

G. Right to Housing

  • Protection against forced eviction under the right to life.
  • Various government schemes (e.g., PMAY – Pradhan Mantri Awas Yojana) aim to provide affordable housing.

H. Right to Social Security

  • Protection under schemes like MNREGA, PDS, and pensions for vulnerable populations.

3. Constitutional Framework for Rights of the Poor

  • Directive Principles of State Policy (DPSPs):
    • Article 39: Right to adequate means of livelihood and equitable distribution of resources.
    • Article 41: Right to public assistance in cases of unemployment, old age, sickness, and disability.
    • Article 43: Right to a decent standard of living.
  • Article 46: Special care for the economic interests of weaker sections.

4. International Framework for Protecting Rights of the Poor

  • Universal Declaration of Human Rights (UDHR):
    • Article 25: Right to an adequate standard of living, including food, clothing, housing, and medical care.
  • International Covenant on Economic, Social and Cultural Rights (ICESCR):
    • Recognizes the rights to food, housing, and healthcare.
  • Sustainable Development Goals (SDGs):
    • Goal 1: End poverty in all forms everywhere.
    • Goal 10: Reduce inequality within and among countries.

5. Challenges in Protecting Rights of the Poor

  1. Economic Inequality: Widening gap between the rich and the poor.
  2. Lack of Awareness: Poor people often do not know their rights.
  3. Corruption and Mismanagement: Hinders the effective implementation of welfare schemes.
  4. Judicial Delays: Delay in justice delivery affects access to rights.
  5. Social Stigma: Discrimination and exclusion on the basis of caste, gender, or economic status.

6. Measures to Strengthen Rights of the Poor

A. Legislative Measures

  1. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005: Right to work for rural poor.
  2. Food Security Act, 2013: Ensures food for economically weaker sections.
  3. Right to Education Act, 2009: Compulsory education for children from poor families.

B. Policy Initiatives

  1. Jan Dhan Yojana: Financial inclusion for the poor.
  2. Ayushman Bharat: Affordable healthcare for the economically disadvantaged.
  3. National Social Assistance Programme (NSAP): Pension for the elderly, disabled, and widows.

C. Judicial Activism

  • Courts have interpreted fundamental rights expansively to address issues of poverty.
  • Landmark cases:
    • PUCL v. Union of India: Right to food as a fundamental right.
    • Francis Coralie Mullin v. Administrator, Delhi: Right to live with dignity includes basic amenities.

D. Awareness and Empowerment

  • Legal aid programs for the poor.
  • Grassroots initiatives and NGOs working to uplift weaker sections.

7. Conclusion

The rights of the poor are fundamental to ensuring human dignity and social justice. While India has made significant progress in recognizing and implementing these rights, challenges like corruption, inequality, and lack of awareness remain. A holistic approach combining legislative measures, effective governance, judicial interventions, and societal support is essential for protecting and promoting the rights of the poor.

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