The term Vulnerable Sections is a concept in Indian polity and society that refers to disadvantaged or marginalized groups who face structural discrimination and limited access to rights, resources, and opportunities. Key groups include Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), women, children, the elderly, and persons with disabilities.
The origin of the concept is rooted in historical social disparities, particularly the caste system, which led to the exploitation of groups like the Sudras who were later categorized as SCs. The constitutional framework for their upliftment began with the First Amendment in 1951, which added Article 15(4) to the Constitution. This provision, introduced after the Supreme Court's judgment in Champakam Dorairajan vs State of Madras, allowed the state to make special provisions for the advancement of socially and educationally backward classes and SCs/STs, marking the start of compensatory discrimination.
The mechanism for protection and advancement is multi-layered, drawing from Fundamental Rights and Directive Principles of State Policy (DPSP). Article 46 of the DPSP mandates the State to promote the educational and economic interests of the weaker sections, especially SCs and STs, and protect them from exploitation. Article 17 abolishes the practice of Untouchability, which is enforced through the Protection of Civil Rights Act, 1955. For women and children, Article 15(3) allows the state to make special provisions.
The concept connects to various institutions and laws, such as the National Commission for Scheduled Castes (NCSC) under Article 338 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The framework has seen significant recent changes: the 102nd Constitutional Amendment Act, 2018, granted constitutional status to the National Commission for Backward Classes (NCBC) under Article 338B. The 103rd Constitutional Amendment Act introduced a 10% reservation for Economically Weaker Sections (EWS). Furthermore, the Rights of Persons with Disabilities Act, 2016, replaced the 1995 Act, increasing the recognized disabilities from 7 to 21. The new criminal code, the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code, 1860, also enhanced punishments for crimes against women and children.