DR.

B L
N. HAGYA AKSHMI
PH: 9849528129 is going to teach
LAW & POVERTY
POVERTY?????
??????
?????
SEE THIS…..
SEE THIS ……
UNTOLD STORIES….

Shiva Devi, a
pregnant
women, mother
of a 3 year old
girl child She poisoned
committing her daughter as
suicide taking well. Both of
rat poison them died
instantly……..
 REASON??????????

STARVATION was the cause of her

suicide
 ???????????

A MAN IN THE STATE OF A.P COMMITTED SUICIDE

WHY???????????
BECAUSE…..

• HE COULD NOT PAY BACK THE DEBT HE OWED THE

BANK
• THE PROLONGED DROUGHT STOLE HIS CHANCE OF
YIELDING GOOD CROPS…….
 …………………

The only source for

paying the debt back. His
family was starved. In
such an intense stress he
had no option left but to
end his life. He thus
himself hanged.
 ????????

•IS THIS A SOLUTION?

UNKNOWN’S …….

I belong to a middle class family and

had never seen “real” poverty
during childhood. Yes, I had a
Hercules bicycle. Yes I was given
good education. Yes, I would go to
Disney world once a year. Yes, my
parents would take me to holidays. I
had a TV video game and a huge
collection of cartridges my mom
bought for me, when I scored good
marks
Then I entered college. My sister’s marriage was
planned, dad bought an apartment and had to
pay my fees for engineering. All three events
happened in quick succession and we were
suddenly in debt.

Somehow, we got scammed and got ourselves

chained in bank loans and poverty crept in. It was
in such a rush that suddenly, I felt jumping from
an airplane without any preparation and now you
have to learn to fly as you fall. Or you’re dead.
 I had to fight
poverty on my
own. Here is
– No money to pay college
what happened
fees. Figure out a way to earn
that thing yourself
– No money to pay for daily
transport. Walk.
– No money for entertainment,
movies or parties. Ask your
friends for a smoke
– No money for anything except
basic food.
– Worst, manage all the heckle of
bank
I was once beaten
in my
neighborhood in I told my father
front of everyone it’s not worth
for not being able pursuing my
to pay the EMI education,
amount for a given the crisis
couple of months. I condition. I
had to sell should take up a
furniture, gold, job and raise
what not. money for the
family
 FATHER’S REPLY….
“Son, you can make money whenever you
want but you won’t be able to learn later. This
is a difficult time, don’t worry. I myself could
not study further and had to take up a job at
18, so I can feed a family of 10 people, my
brothers, sister, and parents. I won’t let it
happen with you. We will somehow manage
it, just do your thing”
My monthly
expenses were 900-
gin e the
1500 Rs (this Ima f a 22
i on o
includes food) . My condit u y who
ld g
engineering fees year o e r seen
e v
was 7000 a has n i n his life,
ty
month and my
pover ith friends
family is fighting w
sitting uld spend
debt. In Lakhs. Each o
who w ds on beer
month, the debt n
thousa nd live on
would increase sa
partie rcy.
because of that e
their m
education fee
I was literally
beaten and
broken because Applied for a teaching
I had no idea job. Rejected.
how to generate Every door I knocked,
money, while I I was rejected.
was still a Every relative/friend I
student. asked for money,
I gave slammed the door.
interviews in a
BPO. Rejected.
 There was a time in my life when I
had just 10Rs in my pocket, just
in case some emergency comes in
and I have to make phone calls
from a local telephone booth. I
would walk in the streets for days
because I didn't have enough
money to afford a rickshaw. I would
eat water when I am hungry and try
to save as much as possible. I
would work for hours in a data entry
job and get paid Rs. 1 for filling
up forms, that way I earned Rs. 80-
100 a day.
I saw my father giving My girlfriend left
up his scooter to save me when I needed her
fuel costs. I saw my the most. She said – ”
mom giving up family You’re yourself in
occasions. I saw my trouble, without a job,
sister selling her how will I present you in
jewelry. I would cry in front of my family? “
the bathroom. Alone. I lost her. I loved her,
For months. she was the only thing
that made me smile but
I lost her. For money. (I
know she loves me to
this day, but she was
helpless too.)
It’s not her fault. The
situation was against us.
I have died many
deaths in those
years but this was the
hardest blow. Losing
the love of your life
because you don’t
have enough money.
I remember our last
meeting. It was
raining and we were
standing below an
asbestos shed,
enjoying an alpenlible
as that was the only
thing I could buy for
her
Meanwhile, I got a Govt job
which I did not like. I walked
away. I was broke, beaten and
pushed to the corner but I I made up a
walked away. Somewhere in my website with
heart I had hope. I knew that 700 INR. I did not
this is a bad phase which is not have 700Rs to
permanent. This too shall pass buy the domain
but I could not allow mediocrity name. I bought it
to creep in. I had a dream and a again on debt.
temporary crisis is no excuse on
giving up on your dreams and
settle for mediocrity.
 My first website
didn’t pick up,
I didn’t succeed in Account
the first go. I had cancelled.
ZERO technical I made up a
knowledge on how second one. It
to build a website. didn’t work
But that was not either. Account
going to stop me cancelled.
because I don’t I made up a third
have any other website. Failed.
option. My survival Account
depends on this cancelled again,
and I have to do
it, come what
may.
Devastated, I gave it a fourth try.
Countless hours spent in Googling, coding,
writing and building it. I remember those
days.
I locked myself in a balcony and Googled all
day long. Nights, days, weeks, toiled like a
madman.
I suffered from Jaundice and lost 14-20 Kgs.
That was the time I realized what hard work
First month, I
made $1.29.
But the lessons I
Second month, I
have learned in those
made $8. Third
two years has helped
month I made
me shape up my
$21.
character and be a
better person. Those
Worked like a dog on
were the longest and
that and generated
hardest 2 years I will
$40,000 in two
never be able to
years 
forget. Also the most
worthwhile time of
my life so far.
I don’t waste money now. No show off. 
Yearly vacations – Yes.
Weekend parties – No.
No costly gadgets. Don't buy ….. you don’t need.
Don’t buy “branded” stuff just because every
other clueless idiot is doing it. No. Don’t.
Lesson learned the hard way – Be grateful for
what you have.
my parents are looking a
bride for me. When the
girl’s father asks for my
salary, I smile and say “I
hope your daughter gets
a wealthy guy. Because I
know money matters.
Every single rupee Thanks to all
counts.” &
Love you
YOU REMEMBER YOUR CHILDHOOD?
AND TELL ME HOW MANY TIMES YOU WENT
STRENGTH
TO BED WITH EMPTY STOMACH?
MOM, MOM I AM HUNGRY WHEN IS PAPA
COMING HOME TO BRING US FOOD MAMA?
THAT WAS MY CRY EVERY NIGHT WHEN I
WAS A LITTLE BOY.
MY MOM WOULD HUG ME AND WITH TEARS
THE SIZE OF PEARL RUNNING ON HER
COLORLESS CHEEKS, DESPERATELY TRIED TO
COMFORT ME.
• HE WOULD COME HOME WITH FACE CUT UP AND EYES
BLACK AND BLUE AND CLOSED, FROM BARE KNUCKLE
?????????????
FIGHT IN THE STREET TO COLLECT A FEW PENNIES
BECAUSE THERE WERE NO WORK FOR ANYONE. 
• WITH A HANDKERCHIEF COVERED WITH HIS BLOOD
AND WEIGHTED DOWN WITH 2 OR 3 TOMATOES A BIT
OF CHEESE AND A LOAF OF BREAD TO FEED 6 SIBLING
MY MOM AND GRANDMA.
• AS YOUNG AS I WAS, ONE DAY MY OLDER BROTHER
GRABBED MY THROAT WITH ONE HAND AND FORCED
ME TO THE GROUND  SAYING "NEXT TIME YOU BRING
TEARS TO MOM'S EYES I WILL KILL YOU” AND I NEVER
DID TILL SHE DIED!!!
 UNKNOWN AUTHOR

• LET ME TELL YOU ONE THING GOOD ABOUT

BEING POOR IS YOU BECOME A MAN VERY
QUICKLY IN YOUR LIFE, AND SOON YOU FIND YOUR
STRENGTH AND YOU KNOW WHO YOU ARE!!! 
 WHO IS POOR?

WHAT IS POVERTY?

WHAT IS THE OBJECTIVE BEHIND

THIS LAW & POVERTY?

 POOR
Food
Hung
homele shortag
ss er
e

Lack of
educati Lack of Lack of
unemploy on money welfare
ment
 IN GENERAL….POVERTY…..

 LACK OF NECESSITIES

 LOW INCOME

 LOW STANDARD OF LIVING CONDITIONS

• SIMPLY…….POVERTY IS SAID TO EXIST WHEN PEOPLE LACK THE MEANS TO

SATISFY THEIR BASIC NEEDS

 DEFINITIONS OF POVERTY

OPPENHEIM SAYS……..

• “POVERTY MEANS GOING SHORT MATERIALLY, SOCIALLY AND

EMOTIONALLY. IT MEANS SPENDING LESS ON FOOD, ON HEATING
AND ON CLOTHING THAN SOMEONE ON THE AVERAGE INCOME…

• ABOVE ALL, POVERTY TAKES AWAY THE TOOLS TO BUILD THE

BLOCKS FOR THE FUTURE YOUR ‘LIFE CHANCES’. IT SEALS AWAY THE
OPPORTUNITY TO HAVE A LIFE UNMARKED BY SICKNESS, A DECENT
EDUCATION, A SECURE HOME AND A LONG RETIREMENT”
 ACCORDING TO GOODARD

• “POVERTY IS INSUFFICIENT SUPPLY OF THOSE THINGS

WHICH ARE REQUISITE FOR AN INDIVIDUAL TO MAINTAIN
HIMSELF AND THOSE DEPEND UPON HIM IN HEALTH AND
VIGOR.”
 ACCORDING TO GILLIN AND GILLIN

• “POVERTY IS THAT CONDITION IN WHICH A PERSON, EITHER

BECAUSE OF INADEQUATE INCOME OR UNWISE EXPENDITURES,
DOES NOT MAINTAIN A SCALE OF LIVING
• HIGH ENOUGH TO PROVIDE FOR HIS PHYSICAL AND MENTAL
EFFICIENCY AND TO ENABLE HIM AND HIS NATURAL
DEPENDENTS TO FUNCTION USEFULLY ACCORDING TO THE
STANDARDS OF SOCIETY OF WHICH HE IS A MEMBER.”
 ACCORDING TO ADAM SMITH

• “MAN IS RICH OR POOR ACCORDING TO THE DEGREE IN

WHICH HE CAN AFFORD TO ENJOY THE NECESSARIES,
THE CONVENIENCES AND THE AMUSEMENTS OF LIFE.”
 PROF. UPENDRA BAXI……

• ……..PREFERRED TO SUBSTITUTE THE WORD ‘POVERTY’ WITH

‘IMPOVERISHMENT’ AND THE WORD ‘POOR’ WITH THE WORD
‘IMPOVERISHED’ BECAUSE PEOPLE ARE NOT NATURALLY POOR BUT
ARE MADE POOR, THAT IMPOVERISHMENT IS A DYNAMIC PROCESS
OF PUBLIC DECISION-MAKING IN WHICH IT IS CONSIDERED JUST,
RIGHT AND FAIR THAT SOME PEOPLE MAY BECOME OR STAY
IMPOVERISHED.
 PERILS OF POVERTY……..

DOWRY & POVERTY

MATRIMONIAL DISCORDS & POVERTY

CORRUPTION AND POVERTY

INTELLECTUAL POVERTY
 …..

• UNEMPLOYMENT AND POVERTY

• DISABILITY AND POOR

• CUSTODY OF CHILD & POVERTY

• CHILD & POVERTY

 POVERTY &
LAW????????????????
 1. HUMAN RIGHTS
2. CONSTITUTIONAL SAFE GUARDS
3. CIVIL RIGHTS
4. LEGAL AID
5. RIGHTS UNDER CRIMINAL LAW
6. DISABLED
WHETHER POVERTY CAN BE AN EXEMPTION FOR PUNISHMENT OF AN OFFENCE?
 CASE LAW

RE: SREERANGAYEE V. UNKNOWN

(1973) 1 MLJ 231
 FACTS
• The husband and wife were living with their children in a rented house
belonging to Raja Mudaliar in shanmugha nagar
• The husband was earning by stitching gunny bags.
• He was earning per day Rs. 5 or Rs. 6.
• He was also having a bullock cart with which he would earn rs. 6 or rs. 7 per
day.
• The husband had illicit intimacy with one Parvathi
 CONT…

• The wife and husband were residing with their children in the house of Raju Mudaliar on
a rent of Rs. 10 per month

• and husband could not even pay the rent in view of poverty.
• About 20 days prior to the occurrence the accused pledged four household articles like
Anda and borrowed Rs. 60
• and further borrowings had to be made on pledge of other things for meeting the bare
necessities.
 ON 9TH APRIL, 1971 BETWEEN 8 AND 10
A.M….

• She had committed the murder of her five children

• Aged between 11 and 1 and 1/2 years

• By drowning them in the water in the tub

• And that she jumped into the well in order to commit suicide
• She was charged under sec.302 and s.309 of IPC
 PLEA OF THE ACCUSED

• The accused made her statement in the committal court.

• In the sessions court she admitted the correctness of the statement made by her in the
committal court
• and admitted that she had committed the murder of her five children by drowning them in
the water in the tub
• and that she jumped into the well in order to commit suicide.

• She stated that she did so because of poverty. She admits commission of the
offence, but pleads justification on ground of poverty
 SIGNIFICANCE….
• The confessional statement of the accused-woman recites a tragic tale of child
penury and stark poverty, driving her and her five children from semi-starvation
to utter starvation month after month (for the past six months.)
• It also reveals the cruel neglect of her and her five children by her own husband
who was indulging in illicit amorous liaison with one or two concubines without
his realizing his responsibility towards his wife and children.
• Her children were stricken by disease and at least one child became blind as a
result of smallpox afflicting the child. The other children also were disabled by
disease, privation and starvation.
 CONT…

• She displayed a rare virtue of chastity when the dissatisfied the illicit amours of her
brother-in-law accompanying some little financial help which she spurned with womanly
dignity.
• At long last, finding nothing rewarding or justifying in this world for the continued
existence of herself and her five children, she was driven to such a mood of utter
desperation
• and she killed her five children one after another by drowning them in a tub of water and
after successfully completing her mission of mercy for her children by killing them one
after another

• journeyed to a dismal well and plunged herself into that well to go the other unknown
world, but she was unfortunately rescued by a passer
 FINALLY….

• POVERTY CANNOT JUSTIFY COMMISSION OF GRAVE OFFENCES

• THEREFORE, NO HESITATION IN COMING TO THE CONCLUSION THAT THE ACCUSED
COMMITTED THE GRAVE CRIME OF MURDERING FIVE OF HER CHILDREN
• IMPOSED…
• ACCORDING TO IPC
• THE IMPRISONMENT FOR LIFE IN RESPECT OF EACH OF THE MURDERS COMMITTED BY
HER,
• AS ALSO THE SIMPLE IMPRISONMENT FOR ONE YEAR
 MEANING OF………

SOCIALLY AND EDUCATIONALLY

BACKWARD CLASSES
 1963 AIR 649

M. R. BALAJI AND OTHERS

V
STATE OF MYSORE
 WRIT PETITION……

• ……….. FILED BY THE RESPECTIVE PETITIONERS UNDER ART. 32 DISPUTE THE

VALIDITY OF THE ORDER PASSED BY THE STATE OF MYSORE.

 ORDER…….

• “THE STATE OF MYSORE ISSUED AN ORDER THAT ALL THE

COMMUNITIES EXCEPT THE BRAHMAN COMMUNITY, FELL WITHIN
THE DEFINITION OF EDUCATIONALLY AND SOCIALLY BACKWARD
CLASSES AND SCHEDULED CASTES AND TRIBES, AND PROVIDED
FOR THE SAID COMMUNITIES RESERVATION OF 75% OF SEATS IN
EDUCATIONAL INSTITUTIONS”
 FACTS….
• OUT OF THE TWENTY-THREE PETITIONERS, SIX HAD APPLIED FOR ADMISSION TO
THE PRE-PROFESSIONAL CLASS IN MEDICINE IN THE MEDICAL COLLEGES
AFFILIATED EITHER TO THE MYSORE UNIVERSITY OR TO THE KARNATAK
UNIVERSITY,
• AND SEVENTEEN HAD APPLIED FOR ADMISSION TO THE FIRST YEAR OF THE 5
YEAR INTEGRATED COURSE LEADING TO THE DEGREE OF B.E. IN THE UNIVERSITY
OF MYSORE.
• ACCORDING TO THE PETITIONERS, BUT FOR THE RESERVATION MADE BY THE
IMPUGNED ORDER, THEY WOULD HAVE BEEN ENTITLED TO THE ADMISSION IN
THE RESPECTIVE COLLEGES FOR WHICH THEY HAD APPLIED. AS A RESULT OF THE
RESERVATION MADE BY THE SAID ORDER, STUDENTS WHO HAVE SECURED LESS
PERCENTAGE OF MARKS HAVE BEEN ADMITTED, BUT NOT THE PETITIONERS.
 PRAYER….

• PETITIONERS' GRIEVANCE AND THEY URGE THAT THE IMPUGNED

ORDER WHICH HAS DENIED THEM THE FACILITY OF ADMISSION IN THE
RESPECTIVE COLLEGES IS VOID UNDER ARTS. 15(1) AND 29(2) AND SHOULD
NOT BE ENFORCED AGAINST THEM.
 ???????

• Because the basis adopted by the order in specifying and enumerating the socially
and educationally backward classes of citizens in the state is unintelligible
and irrational, and the classification made on the said basis is in consistent with and
outside the provisions of art. 15(4).
• It is also urged by them that the extent of reservation prescribed by the said order is so
unreasonable and extravagant that the order, in law, is not justified by art. 15(4) and, in
substance, is a fraud on the power conferred by the said article on the state.
 …..

• It is also urged by them that the extent of reservation prescribed by the said
order is so unreasonable and extravagant that the order, in law, is not justified
by art. 15(4) and, in substance, is a fraud on the power conferred by the said
article on the state.
 RES…..

• These allegations are denied by the state and it is urged on its behalf that the
classification made is both rational and intelligible and the reservation
prescribed by the order is fully justified by art. 15(4).

• The contention that the order is a colourable exercise if the state's power and
amounts to a fraud on the constitution is disputed.
 QUESTION…

• consideration of sociological, social and economic factors,

• and so, before dealing with the contentions raised by the parties before the
court it is necessary to set out briefly the material which has been adduced
 COMMISSION APPOINTED…..

• required "to investigate the conditions of socially and

educationally backward classes within the territory of India

• and the difficulties under which they labour,

• and to make recommendations as to the steps that should be

taken by the union or any state to remove such difficulties and
to improve their condition." [Art. 340(1).
 According to the commission

• the relevant factors to consider in classifying backward classes would be their

• traditional occupation or profession;
• the percentage of literacy or the general educational advancement made by
them;
• the estimated population of the community,
• and the distribution of the various communities throughout the state or their
concentration in certain areas.
 …..

• The commission also thought that the social position

• which a community occupies in the caste hierarchy would also
have to be considered,
• as well as its representation in government service or in the
industrial sphere
 ACCORDING TO THE COMMISSION……

• THE CAUSES OF EDUCATIONAL BACKWARDNESS AMONGST THE

EDUCATIONALLY AND SOCIALLY BACKWARD COMMUNITIES WERE
• 1. TRADITIONAL APATHY FOR EDUCATION ON ACCOUNT OF SOCIAL AND
ENVIRONMENTAL CONDITIONS OR OCCUPATIONAL HANDICAPS.
• 2. POVERTY AND LACK OF EDUCATIONAL INSTITUTIONS IN RURAL AREAS.
• 3. LIVING IN INACCESSIBLE AREAS.
 ……

• 4. LACK OF ADEQUATE EDUCATIONAL AIDS, SUCH AS FREE STUDENTSHIPS,

SCHOLARSHIPS AND MONETARY GRANTS.
• 5. LACK OF RESIDENTIAL HOSTEL FACILITIES.
• 6. UNEMPLOYMENT AMOUNT THE EDUCATED WHICH ACTS AS A DAMPER ON
THE DESIRE OF THE MEMBERS TO EDUCATE THEIR CHILDREN; AND
• 7. DEFECTIVE EDUCATIONAL SYSTEM WHICH DOES NOT TRAIN STUDENTS
FOR APPROPRIATE OCCUPATIONS AND PROFESSION
 COURT’S OBSERVATION
• In considering the scope and extent of the expression "backward classes" under
art. 15(4), it is necessary to remember that the concept of backwardness is not
intended to be relative in the sense that any classes who are backward in
relation to the most advanced classes of the society should be included in it.
• In such relative tests were to be applied by reason of the most advanced
classes, there would be several layers or strata of backward classes and each
one of them may claim to be included under art. 15(4).
• The backwardness under art. 15(4) must be social and educational.
• It is not either social or educational, but it is both social and educational; and
the takes us to the question as to how social and educational backwardness has
to be determined.
 CONT…..
• The group of citizens to whom article 15(4) applies are described as
'classes of citizens', not as castes of citizens.
• A class, according to the dictionary meaning, shows division of society
according to status, rank or caste.
• In the Hindu social structure, caste unfortunately plays an important
part in determining the status of the citizen.
• Though according to sociologists and Vedic scholars, the caste system
may have originally begun on occupational or functional basis, in course
of time, it became rigid and inflexible. The history of the growth of caste
system shows that its original functional and occupational basis was
later over-burdened with considerations of purity based on ritual
concepts, and that led to its ramifications which introduced inflexibility
and rigidity.
 ……
• Though castes in relation to Hindus may be a relevant factor to consider in
determining the social backwardness of groups or classes of citizens, it
cannot be made the sole or the dominant test in that behalf.
• Social backwardness is on the ultimate analysis the result of poverty, to a
very large extent. The classes of citizens who are deplorably poor
automatically become socially backward.
• They do not enjoy a status in society and have, therefore, to be content
to take a backward seat. It is true that social backwardness which results
from poverty is likely to be aggravated by considerations of caste to which
the poor citizens may belong, but that only shows the relevance of both
caste and poverty in determining the backwardness of citizens.
 ….

• The occupations of citizens may also contribute to make classes of citizens socially
backward. There are some occupations which are treated as inferior according to
conventional beliefs and classes of citizens who follow these occupations are apt to
become socially backward.

• The place of habitation also plays not a minor part in determining the backwardness
of a community of persons. In a sense, the problem of social backwardness is the
problem of rural India and in that behalf, classes of citizens occupying a socially
backward position in rural area fall within the purview of art. 15(4).
 ….

• The problem of determining who are socially backward classes is undoubtedly

very complex.

• Sociological, social and economic considerations come into play in solving the
problem and evolving proper criteria for determining which classes are socially
backward is obviously a very difficult task; it will need an elaborate investigation
and collection of data and examining the said data in a rational and scientific
way.
 FINALLY
• The constitution bench has held that the reservation should and must be allowed
to advance the prospects of weaker sections of the society,
• but while doing so, care should be taken not to exclude admission to higher
educational standards of deserving and qualified conditions of other communities.
• It has also been indicated that reservation under arts. 15(4) and 16(4) of the
constitution must be within a reasonable limit.
• The interests of the weaker sections of the society, which are a first charge on the
states and the center,
• have to be adjusted with the interests of the community as a whole.
• The objective of Art. 15(4) is to advance the interests of the weaker elements in
society.
 CASE LAW

K.C. VASANTH KUMAR AND ANR. V. STATE OF KARNATAKA

AIR 1985 SC 1495

 INTERPRETATION…
• THE COURT WAS NOT PREPARED TO LAY DOWN POVERTY AS THE EXCLUSIVE TEST
ON THE GROUND THAT A LARGE PROPORTION OF THE POPULATION IN INDIA WAS
POVERTY STRICKEN
• AND IF POVERTY WAS MADE THE SOLE TEST FOR RESERVATION,
• A RESOURCELESS SITUATION MIGHT ARISE.
• BUT IF POVERTY IS THE EXCLUSIVE TEST, A VERY LARGE PROPORTION OF THE
POPULATION IN INDIA WOULD HAVE TO BE REGARDED AS SOCIALLY AND
EDUCATIONALLY BACKWARD AND IF RESERVATIONS ARE MADE ONLY ON THE
GROUND OF ECONOMIC CONSIDERATIONS, AN UNTENABLE SITUATION MAY ARISE
BECAUSE EVEN IN SECTORS WHICH ARE RECOGNIZED AS SOCIALLY AND
EDUCATIONALLY ADVANCED,
 CONT…

• THERE ARE LARGE POCKETS OF POVERTY.

• IN THIS COUNTRY EXCEPT FOR A SMALL PERCENTAGE OF THE POPULATION,
THE PEOPLE ARE GENERALLY POOR-SOME BEING MORE POOR, OTHERS LESS
POOR.
• THEREFORE, WHEN A SOCIAL INVESTIGATOR TRIES TO IDENTIFY SOCIALLY
AND EDUCATIONALLY BACKWARD CLASSES HE MAY DO IT WITH CONFIDENCE
THAT THEY ARE BOUND TO BE POOR.
 ….

• THOUGH THE TWO WORDS, 'SOCIALLY' AND 'EDUCATIONALLY' ARE

USED CUMULATIVELY
• OR THE PURPOSE OF DESCRIBING THE BACKWARD CLASS,
• ONE MAY FIND THAT IF A CLASS AS A WHOLE IS EDUCATIONALLY
ADVANCED, IT IS GENERALLY ALSO SOCIALLY ADVANCED BECAUSE
OF THE REFORMATIVE EFFECT OF EDUCATION ON THAT CLASS.
 ….

• THE WORDS 'ADVANCED' AND 'BACKWARD' ARE ONLY RELATIVE

TERMS-THERE BEING SEVERAL LAYERS OR STRATA OF CLASSES,
• HOVERING BETWEEN 'ADVANCED' AND 'BACKWARD',
• AND THE DIFFICULT TASK IS WHICH CLASS CAN BE RECOGNISED
OUT OF THESE SEVERAL LAYERS AS BEING SOCIALLY AND
EDUCATIONALLY BACKWARD.
 FINALLY….

• THE COURT WHILE NOTICING THE DIFFICULTY OF DEFINING THE

EXPRESSION 'SOCIALLY' AND 'EDUCATIONALLY' BACKWARD CLASSES OF
CITIZENS ALLOWED ITSELF TO MAKE THE OBSERVATION,
• 'THETRADITIONAL UNCHANGING OCCUPATIONS OF CITIZENS MAY
CONTRIBUTE TO SOCIAL AND EDUCATIONAL BACKWARDNESS.
• THE PLACE OF HABITATION AND ITS ENVIRONMENT IS ALSO A
DETERMINING FACTOR IN JUDGING THE SOCIAL AND EDUCATIONAL
BACKWARDNESS
 CONSTITUTIONAL SAFE GUARDS
• Constitution is a living document, an instrument which makes the
government system work.
• The constitution of India is the preeminent law of India.
• It sets out the system characterizing key political standards, sets
up the structure, methods, forces and obligations of government
establishments and sets out basic rights, mandate
standards and the obligations of subjects.
• It is the longest composed constitution of any sovereign nation on
the planet.
 CONT…

• THE CONSTITUTIONAL PROVISIONS SET FOURTH

• A PROGRAMS FOR THE RECONSTRUCTION AND TRANSFORMATION OF INDIAN

SOCIETY OF A FIRM COMMITMENT TO RAISE THE SUNKEN STATUS OF THE

• PATHETICALLY NEGLECTED AND DISADVANTAGES

SECTIONS OF OUR SOCIETY.
 …..
• INDIA IS A WELFARE STATE WHICH IS COMMITTED TO THE WELFARE
AND DEVELOPMENT OF ITS PEOPLE IN GENERAL AND OF

VULNERABLE SECTIONS OF SOCIETY IN PARTICULAR.  

• EQUALITY OF STATUS AND OPPORTUNITY TO ALL CITIZENS OF THE

COUNTRY ARE GUARANTEED BY THE CONSTITUTION OF INDIA
WHICH ALSO PROVIDES THAT NO INDIVIDUAL SHALL BE
DISCRIMINATED AGAINST ON THE GROUNDS OF RELIGION, CASTE
OR SEX.

• FUNDAMENTAL RIGHTS AND SPECIFIC PROVISIONS……

 …..
• …… ARTICLES 38, 39 AND 46 IN THE CONSTITUTION OF INDIA
STAND TESTIMONY TO THE COMMITMENT OF THE STATE TOWARDS
ITS PEOPLE.  
• THE STRATEGY OF THE STATE IS
• TO SECURE DISTRIBUTIVE JUSTICE AND
• ALLOCATION OF RESOURCES TO SUPPORT PROGRAMMES FOR
SOCIAL, ECONOMIC AND EDUCATIONAL ADVANCEMENT OF THE
WEAKER SECTIONS IN GENERAL AND THOSE OF SCHEDULED
CASTES AND SCHEDULED TRIBES, BACKWARD CLASSES AND
MINORITIES IN PARTICULAR TO AVOID INJUSTICE AND EXPLOITATION.
 WEAKER SECTIONS

• THE TERM “WEAKER SECTION” IN NORMAL SENSE ALLUDES

TO THE SEGMENT OF THE POPULACE WHO IS SOCIALLY,
FINANCIALLY, POLITICALLY AND INSTRUCTIVELY IN
BACKWARD THAN ALTERNATE AREAS OF THE POPULACE
AND HAVE BEEN EXPERIENCING VARIOUS TYPES OF
INABILITIES BECAUSE OF THEIR BACKWARDNESS.
ACC TO GOVERNMENT OF INDIA ACT, 1935

• "WEAKER AREA SUGGESTS TO THOSE AREAS OF SOCIETY WHO

ARE EITHER A RESULT OF CONVENTIONAL CUSTOM OF ROUTINE
WITH REGARDS TO UNTOUCHABILITY OR IN LIGHT OF NATIVE
CAUSE, INBORN METHOD FOR LIVING OR DIFFERENT
BACKWARDNESS HAVE BEEN EXPERIENCING INSTRUCTIVE AND
MONETARY BACKWARDNESS AND A FEW PARTS OF SOCIAL LIFE”
 CONT…..
• BASED ON THEIR GENERAL STATUS IN A VIEW TO THEIR
FINANCIAL AND SOCIAL LIFE,

• FOR THE ACCOMMODATION OF VIABLE ORGANIZATION OF

ADVANCEMENT AND WELFARE PROGRAMS WITH EXTRAORDINARY
CONCENTRATION TO THEIR FINANCIAL STANDS,

• THE WEAKER SEGMENTS HAVE BEEN ASSEMBLED

FUNDAMENTALLY INTO THREE UNMISTAKABLE CLASSES BY
VARIOUS RESOLUTIONS OF GOVERNMENT OF INDIA.
 SCS/STS…..

• SINCE THE RANK FRAMEWORK WAS COMMON IN INDIA, IT

PROMPTED ABUSE OF THE SHUDRAS.

• THEY WERE DENIED DIFFERENT FINANCIAL RIGHTS AND SUCH

INDIVIDUALS WERE ARRANGED INTO BOOKED STATIONS.
 THE INDIAN CONSTITUTION
• ARTICLE 15 LAYS DOWN THAT

• NO CITIZEN SHALL ON THE GROUNDS OF RELIGION, RACE, CASTE,

SEX OR PLACE OF BIRTH BE SUBJECTED TO ANY DISABILITY OR
RESTRICTION.  

• IT ALSO GUARANTEES THAT EVERY CITIZEN SHALL HAVE EQUALITY

OF STATUS AND OPPORTUNITY. 

• THE STATE TO MAKE SPECIAL PROVISIONS FOR THE ADVANCEMENT

OF ANY SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES OF
CITIZENS OR FOR THE SCHEDULED CASTES AND THE SCHEDULED
TRIBES .
 FREE AND COMPULSORY EDUCATION:

• THE CONSTITUTION MAKES THE FOLLOWING PROVISIONS UNDER

ARTICLE 45 OF THE DIRECTIVE PRINCIPLES OF STATE POLICY THAT,

• “THE STATE SHALL ENDEAVOUR TO PROVIDE WITHIN A PERIOD OF TEN

YEARS FROM THE COMMENCEMENT OF THIS CONSTITUTION, FOR FREE
AND COMPULSORY EDUCATION FOR ALL CHILDREN UNTIL THEY
COMPLETE THE AGE OF FOURTEEN YEARS.”
 UNDER ARTICLE 46

• THE FEDERAL GOVERNMENT IS RESPONSIBLE FOR THE ECONOMIC AND EDUCATIONAL

DEVELOPMENT OF THE SCHEDULED CASTES AND SCHEDULED TRIBES

• “THE STATE SHALL PROMOTE WITH SPECIAL CARE THE EDUCATIONAL AND ECONOMIC
INTERESTS OF THE WEAKER SECTIONS OF THE PEOPLE AND IN PARTICULAR, OF THE
SCHEDULED CASTES AND SCHEDULED TRIBES AND SHALL PROTECT THEM FROM
SOCIAL INJUSTICE AND ALL FORMS OF EXPLOITATION.” IT IS ONE OF THE DIRECTIVE
PRINCIPLES OF STATE POLICY.
 EDUCATION OF MINORITIES:

• ARTICLE 30 OF THE INDIAN CONSTITUTION RELATES TO

CERTAIN CULTURAL AND EDUCATIONAL RIGHTS TO
ESTABLISH AND ADMINISTER EDUCATIONAL
INSTITUTIONS.
 …….

• EQUALITY OF OPPORTUNITY IN EDUCATIONAL INSTITUTIONS:

• ARTICLE 29(1) STATES

• “NO CITIZEN SHALL BE DENIED ADMISSION INTO ANY EDUCATIONAL

INSTITUTION MAINTAINED BY THE STATE OR RECEIVING AID OUT OF
STATE FUNDS, ON GROUNDS ONLY OF RELIGION, RACE, CASTE,
LANGUAGE OR ANY OF THEM.”
 ?????????

THE STORY OF MAHFUZER

 ??????????????

THE TRANSITION BETWEEN MODERATE TO

EXTREME POOR
 FACTS....
• MAHFUZER WAS A FARMER, AT THE TIME OF HIS
MARRIAGE IN 1976, HE HAD EIGHT AND A HALF
DECIMALS OF CULTIVATABLE LAND AND A FURTHER
THREE DECIMALS OF HOMESTEAD LAND.

• IN ADDITION, HE LEASED EIGHT BIGHA1 OF

CULTIVATABLE LAND FROM HIS NEIGHBOUR TO BE
UTILIZED IN SHARECROPPING

• WITH THE INCOME GENERATED FROM THESE

 SUDDENLY....
• SADLY, MAHFUZER’S FATHER DIED, LEAVING HIM TO TAKE CARE
OF HIS YOUNGER SISTER.

• ADDITIONALLY, AT THIS TIME HIS NEIGHBOURS DECIDED TO END

THE LEASE ON HIS LAND, PREFERRING TO CULTIVATE IT
THEMSELVES.

• WITHIN A SHORT TIME OF THESE EVENTS, MAHFUZER’S WIFE GAVE

BIRTH TO THEIR FIRST CHILD, A BABY GIRL.
 NEXT....
• LIFE BECAME SOMEWHAT MORE CHALLENGING FOR MAHFUZER, AS
THE FAMILY EXPANDED WHILE THEIR ENDOWMENTS REDUCED.
• NEVERTHELESS, THE FAMILY MANAGED TO COPE REASONABLY WELL.
• THIS WAS TOO HOWEVER CHANGE UPON THE MARRIAGE OF
MAHFUZER’S SISTER.
• A YEAR LATER MAHFUZER’S SISTER WAS ARRANGED TO BE MARRIED,
WITH A DOWRY OF 3,00,000/-
 ……
• TO RAISE THE MONEY MAHFUZER SOLD FOUR AND A HALF
DECIMALS OF HIS CULTIVATABLE LAND.

• IN ADDITION, HE WAS ABLE TO SOURCE A LOAN FROM AN

INFORMAL LENDER TO COVER THE COSTS OF THE WEDDING
CEREMONY.

• HOWEVER, THIS AMOUNT PROVED TOO DIFFICULT TO MANAGE.

• MAHFUZER COULD NOT CULTIVATE ENOUGH FOOD ON HIS

REMAINING FOUR DECIMALS OF LAND TO MEET THE NEEDS OF HIS
 .....
• MAHFUZER HAD NO CHOICE BUT TO SELL THE REST OF HIS LAND TO CLEAR HIS DEBT, AND ADOPT DAY LABOUR
TO DERIVE AN INCOME.
• AS MAHFUZER’S FAMILY CONTINUED TO GROW TO FIVE CHILDREN, THEIR LACK OF PRODUCTIVE ASSETS AND
DEPENDENCY ON DAY LABOUR AS THE SOLE SOURCE OF INCOME THEY SLIPPED INTO EXTREME POVERTY.
 AT PRESENT....

• LIFE IS NOW HARD FOR MAHFUZER AS HE STRUGGLES FROM DAY TO DAY, WORRYING IF HE CAN PUT ENOUGH
FOOD ON THE TABLE FOR HIS FAMILY.
 
 .....
• DOWRIES TRAP POOR PEOPLE IN DEBT
• DOWRIES OFTEN FORCE POOR FAMILIES TO TAKE OUT
LOANS WITH STEEP INTEREST RATES SELL OFF
THEIR LAND TO RAISE MONEY,
• PROMISE TO PAY DOWRIES IN INSTALLMENTS, AND
OTHER SCENARIOS THAT CAN LEAD TO CRIPPLING
DEBT.
 DOWRY
• THE PRACTICE OF DOWRY HAS EMERGED AS A MAJOR SOCIAL
EVIL AND IS A BURNING PROBLEM OF OUR SOCIETY.
• EVEN EDUCATED PERSONS CONTRIBUTE TO THE EVIL BY
DEMANDING HIGHER AMOUNTS OF MONEY AND COSTLY
ITEMS
• DOWRY HAS DRASTIC SOCIAL CONSEQUENCES.
• IT AFFECTS ADVERSELY THE MARITAL RELATIONSHIP AND
SOCIAL STATUS OF WOMEN.
 CONT...
• QUITE OFTEN INCREASING DOWRY DEMAND LEADS TO CHILD
MARRIAGE OR TO SOME GIRLS BEING LEFT UNMARRIED.
• SOMETIMES GIRLS COMMIT SUICIDE TO MITIGATE THE
SUFFERINGS OF THEIR POOR PARENTS
• A RECENT CASE THAT RECEIVED NATIONAL ATTENTION IN
THE INDIAN PRESS INVOLVED THE TRIPLE SUICIDE OF THREE
SISTERS IN THE INDUSTRIAL CITY OF KANPUR.
 ……
• DOWRY TIGHTENED ITS NOOSE AROUND A MIDDLE
CLASS FAMILY IN KANPUR LAST FORTNIGHT AND LEFT
THREE YOUNG SISTERS DEAD.

• POONAM, 22, MAMTA, 20, AND ALKA, 18, HANGED

THEMSELVES,

• TORMENTED BY THE HUMILIATION OF PARADING

BEFORE MONEY-SEEKING GROOMS AND UNABLE TO
WITNESS THE AGONY OF THEIR PARENTS
• A PHOTO-GRAPH WAS WIDELY PUBLISHED SHOWING THE THREE YOUNG WOMEN HANGING FROM
CEILING FANS BY THEIR SCARVES.
• THEIR FATHER, WHO EARNED ABOUT RS.4000 PER MONTH, WAS NOT ABLE TO NEGOTIATE
REQUIREMENTS.
 CONT...
• FAMILIES ATTEMPT TO CULTIVATE IN BOTH THEIR SONS
AND DAUGHTERS ATTRIBUTES THAT WILL MAKE THEM
MORE ATTRACTIVE IN MARRIAGE NEGOTIATIONS. MANY
THINGS BESIDES DOWRY ARE CONSIDERED IN
NEGOTIATIONS;
• "NON-ECONOMIC" FACTORS HAVE DEMONSTRABLE
EFFECT ON THE EXPECTATIONS FOR DOWRY AND THE
FAMILY'S STRATEGY CONCERNING THE DOWRY PROCESS.
• THE DOWRY SYSTEM PAVES THE WAY FOR OTHER
CRIMES AGAINST WOMEN LIKE FEMALE FOETICIDE,
FEMALE INFANTICIDE, DOWRY DEATHS, CRUELTY BY
(2011) 4 SCC 427

BACHNI DEVI & ANR

V
STATE OF HARYANA
 FACTS...
• KANTA DIED WITHIN 3 MONTHS OF HER MARRIAGE.

• ON AUGUST 11, 1990,

• SHE WAS FOUND DEAD BY HANGING FROM A CEILING

FAN IN THE APPELLANTS' HOUSE.

• KANTA HAILED FROM A POOR FAMILY.

• HER FATHER, PALE RAM IS A RIKSHAWPULLER(PW8)
 CONT….
• A-2 AND KANTA GOT MARRIED ON MAY 12, 1990.

• ABOUT 20 DAYS PRIOR TO KANTA'S DEATH,

• A-1 HAD GONE TO THE HOUSE OF PW-8

• AND TOLD HIM THAT HER SON A-2 WANTED TO

START MILK VENDING BUSINESS AND FOR THAT A
MOTORCYCLE IS NEEDED FOR CARRYING THE MILK
TO THE CITY
 CONT.….
• SHE DEMANDED A MOTORCYCLE FOR A-2 TO BE
PURCHASED BY PW-8.
• PW-8 DID NOT ACCEDE TO HER DEMAND AND TOLD A-1
THAT HE WAS NOT IN A POSITION TO PURCHASE
MOTORCYCLE AS DEMANDED BY HER.
• A-1 WARNED PW-8 THAT IF HE FAILED TO PROVIDE A
MOTORCYCLE TO A- 2,
• THEN KANTA WOULD NOT BE ALLOWED TO STAY IN THE
MATRIMONIAL HOME
 CONT.…
• THIS WAS THE BEGINNING OF KANTA'S END. A-1 AND
A- 2 STARTED HARASSING AND ILL-TREATING HER.

• SOME FIVE DAYS PRIOR TO RAKSHABANDHAN, A-2

BROUGHT KANTA TO THE HOUSE OF PW-8.

• A-2 LEFT KANTA THERE AND RETURNED TO HIS

HOUSE THE SAME DAY. 
 CONT….
• SHE HAD APPREHENSION THAT IF SHE WENT TO HER
MATRIMONIAL HOME,
• …….HER LIFE WOULD NOT BE SPARED.
• PW-8 PERSUADED HIS DAUGHTER TO GO ALONG WITH
A-2 AS SHE HAS TO SPEND HER ENTIRE LIFE WITH
HIM.
• ON THE INSISTENCE OF HER FATHER, KANTA WENT TO
HER MATRIMONIAL HOME ALONG WITH A-2.
 CONT…
• ON THE DAY OF RAKSHABANDHAN, PW-8 AND THE MEMBERS OF
THE FAMILY WAITED FOR KANTA FOR WHOLE DAY BUT SHE DID NOT
COME.
• AFTER ABOUT EIGHT DAYS I.E. ON AUGUST 12, 1990, PW-8 WAS
INFORMED BY SOME  VILLAGER THAT KANTA WAS DEAD.
• PW-8 THEN WENT TO THE HOUSE OF A-1 AND A-2 ALONG WITH FEW
PERSONS AND SAW THE DEAD BODY OF KANTA LYING IN A ROOM.
• IT APPEARED TO PW-8 THAT KANTA'S DEATH HAD OCCURRED SOME
2/3 DAYS EARLIER.
 CONT…
• KANTA'S DEATH HAVING TAKEN PLACE IN UNNATURAL
CIRCUMSTANCES,

• PW-8 REPORTED THE MATTER TO THE POLICE

IMMEDIATELY

• AND A FIRST INFORMATION REPORT (FIR) WAS

REGISTERED ON THAT VERY DAY (AUGUST 12, 1990)
AT POLICE STATION LADWA UNDER  SECTION 304
B IPC
 TRIAL  COURT
• HELD THAT THE PROSECUTION HAS BEEN ABLE TO ESTABLISH THAT
 THE DEATH OF KANTA WAS WITHIN SEVEN YEARS OF HER MARRIAGE
AND  OTHERWISE THAN UNDER NORMAL  CIRCUMSTANCES;   
• THAT  BEFORE HER  DEATH SHE WAS SUBJECTED TO CRUELTY AND
HARASSMENT BY A-1 AND A-2 IN CONNECTION WITH THE DEMAND
OF MOTORCYCLE AND
• THAT  A-1  AND A-2 WERE GUILTY OF CAUSING DOWRY DEATH.
• A-1 AND A-2 WERE  CONVICTED UNDER SECTION 304-B IPC
ACCORDINGLY AND  SENTENCED  TO SUFFER SEVEN YEARS’
RIGOROUS IMPRISONMENT.  
 CONT.…..
• HIGH  COURT  IN  THE  APPEAL
 PREFERRED  BY  THE  APPELLANTS  
• CONCURRED WITH TRIAL COURT AND
DISMISSED THEIR APPEAL.
• BEFORE SUPREME COURT…..
• ???????
 ARGUMENTS…
• IT  WAS HIGHLY IMPROBABLE THAT  A DEMAND FOR
 A  MOTORCYCLE WOULD BE MADE FROM PW-8
KNOWING WELL THAT IT COULD  NOT BE FULFILLED
BY HIM

• AS HE A RIKSHAWPULLER
WAS

EARNING RS.  20/- PER  DAY.  

• “A DEMAND FOR MONEY ON ACCOUNT OF SOME
FINANCIAL STRINGENCY OR FOR MEETING SOME URGENT
DOMESTIC EXPENSES OR FOR PURCHASING MANURE
 ????

• OBJECTIVE OF THE DOWRY PROHIBITION ACT, 1961

 OBJECTIVE BEHIND …
• 1961  ACT  WAS  ENACTED  TO  PROHIBIT  THE  GIVING  OR  TAKING
 OF ‘DOWRY’  AND  FOR  THE  PROTECTION  OF  MARRIED  WOMAN
 AGAINST   CRUELTY  AND VIOLENCE IN  THE MATRIMONIAL  HOME
BY THE  HUSBAND AND  IN-LAWS.   
• THE MERE  DEMAND FOR  ‘DOWRY’  BEFORE  MARRIAGE, AT THE
TIME OF MARRIAGE OR ANY TIME AFTER THE MARRIAGE  IS AN
OFFENCE.  
• 1961 ACT HAS BEEN AMENDED BY THE PARLIAMENT  ON MORE THAN
ONE OCCASION AND BY THE (AMENDMENT) ACT, 1986,
• PARLIAMENT  BROUGHT  IN  STRINGENT  PROVISIONS  AND
 PROVIDED  FOR  OFFENCE  RELATING  TO  ‘DOWRY  DEATH’. 
 …..
• THE DEFINITION OF THE TERM ‘DOWRY’ UNDER SECTION 2 OF THE
ACT SHOWS THAT ANY PROPERTY OR VALUABLE SECURITY GIVEN
OR “AGREED TO BE GIVEN” EITHER DIRECTLY OR INDIRECTLY BY
ONE PARTY TO THE MARRIAGE TO THE OTHER PARTY TO THE
MARRIAGE “AT OR BEFORE OR AFTER THE MARRIAGE” AS A
“CONSIDERATION FOR THE MARRIAGE OF THE SAID PARTIES”
WOULD BECOME ‘DOWRY’ PUNISHABLE UNDER THE ACT. PROPERTY
OR VALUABLE SECURITY SO AS TO CONSTITUTE ‘DOWRY’ WITHIN
THE MEANING OF THE ACT MUST THEREFORE BE GIVEN OR
 RATIO DECIDENDI

ANY DEMAND FOR PROPERTY OR VALUABLE SECURITY,

DIRECTLY OR INDIRECTLY, HAS A NEXUS WITH
MARRIAGE WOULD CONSTITUTE “DEMAND FOR
DOWRY” SO AS TO BRING IT WITHIN THE AMBIT FOR
SECTION 304 – B OF THE INDIAN PENAL CODE AND THE
CAUSE OR REASON FOR SUCH DEMAND IS IMMATERIAL.
Love You Dears