Equal Rights and Citizenship: A Quest for Inclusivity

22 Nov 2023

Equal Rights and Citizenship encompass a spectrum of fundamental principles and practices that underpin democratic societies and promote fairness, inclusivity, and justice.

Dimensions of Equal Rights and Citizenship: Adapting Rights for Equality in Diverse Societies

  • Interpretation of Citizenship Rights: The rapid changes in global scenarios, the economy, and societal structures necessitate fresh interpretations of citizenship rights, including those of street vendors.
    • While the formal laws serve as a starting point, their interpretation becomes dynamic.
  • Full and Equal Membership: The concept of citizenship implies ensuring full and equal membership for every citizen.
  • Ensuring Greater equality: The goal is not merely to draft uniform policies for all but to ensure greater equality by addressing distinct needs and challenges.
  • Diverse needs of different communities: Ensuring equal rights and opportunities for every citizen presents inherent challenges for the government due to the diverse needs of different communities.
  • Policy framing: While framing policies, it’s imperative to take into account the diverse needs and claims of various groups.

Martin Luther King and the Quest for Civil Rights: Breaking Barriers, Including Street Vendors

  • The 1950s was a transformative period marked by Civil Rights Movements that challenged the racial disparities prevalent in the southern USA.
  • At the crux were the Segregation Laws, perpetuating such disparities.
  • Martin Luther King Jr. emerged as a vanguard against these laws.
  • He propounded several arguments against segregation:
  • Every individual, irrespective of racial distinctions, is intrinsically equal in terms of dignity and self-worth.
  • He termed segregation as ‘social leprosy’ as it inflicts deep psychological wounds on the people who suffer as a result of such laws.
  • Segregation impacts both black and white communities.
  • Such laws erect artificial barriers, thereby stifling mutual cooperation pivotal for the nation’s holistic progress.
  • King’s advocacy was firmly rooted in non-violence and peace. He vehemently opposed any form of physical violence during protests.

Marginalized Groups and Their Predicaments: Equal Rights and Citizenship Struggles in Urban and Tribal Realms

Groups Description Challenges Faced
Urban Poor and Slum Dwellers
  • Constitute a notable segment of the population in every Indian city. 
  • Engage in indispensable work, often for meager wages.
  • Contribute significantly to the economy with professions ranging from hawkers to tailors.
  • Perceived as a strain on urban resources. 
  • Shocking living conditions in densely populated areas. 
  • Lack of basic amenities.
  • Precarious life and property conditions.
Tribal People and Forest Dwellers
  • Largely dependent on forests and natural resources for sustenance.
  • Existential threats from various fronts. 
  • Escalating pressures from population increase. 
  • Land and resource acquisitions.
  • Commercial exploitation of forest resources.
  • Challenges from the tourist industry.

Awareness of Rights and Government Intervention: Equal Rights and Citizenship Challenges

  • Challenges in Basic Political Rights: Previously, even basic political rights like voting had become a challenge for both groups (tribal and slum dwellers). 
    • For example, demand from urban slum dwellers for fixed addresses for voter registration.
  • Rising Awareness: In recent times, there has been a palpable rise in awareness regarding the conditions of the urban poor among governments, NGOs, and the slum dwellers themselves.
  • Policy for Street Vendors: Increasingly, slum dwellers are becoming cognizant of their rights and are actively organizing to demand the same. 
  • Minimizing Harassment: In January 2004, the government framed a National Policy on Urban Street Vendors with an aim to offer them recognition and minimize their harassment.
  • Addressing Challenges: Now, the Government remains actively involved in addressing the challenges faced by both groups (tribal and slum dwellers). 
    • Thus, balancing protection for marginalized communities while also advancing national developmental goals presents a nuanced dilemma.

A Landmark Decision: Rights of Slum Dwellers

  • In 1985, the Supreme Court delivered a significant verdict in the case between social activist Olga Tellis and the Bombay Municipal Corporation concerning the rights of Bombay’s slum dwellers.
  • The contention was the right of slum dwellers to reside on pavements or in slums due to the unavailability of alternate accommodations in proximity to their workplaces.
  • The Supreme Court asserted that Article 21 of the Constitution, which guarantees the right to life, also encompasses the right to livelihood. 
  • As a corollary, any eviction of pavement dwellers mandates the provision of an alternative accommodation under the right to shelter.

 

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