Chanakya National Law University: Topic: - Schedule Caste and Schedule Tribes Commission Impact Analysis
Chanakya National Law University: Topic: - Schedule Caste and Schedule Tribes Commission Impact Analysis
SOCIOLOGY OF LAW
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
DECLARATION
I hereby declare that the project entitled “contributory negligence –nature and
limitation” submitted by me at CHANAKYA NATIONAL LAW
UNIVERSITY is a record of bona fide project work carried out by me under the
guidance of our mentor Shakil Ahmed sir. I further declare that the work
reported in this project has not been submitted and will not be submitted, either
in part or in full, for the award of any other degree or diploma in this university
or in any other university.
------------------------
RAHUL BARNWAL
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
ACKNOWLEDGEMENT
I am highly indebted to my parents and friends for their kind co-operation and
encouragement which helped me in completion of this project. I am also thankful
to the library staff of my college which assisted me in acquiring the sources
necessary for the compilation of my project.
Last but not least, i would like to thank the almighty who kept me mentally
strong and in good health to concentrate on my project and to complete it in
time.
----------------------------
(RAHUL BARNWAL)
SESSION : 2018-2023
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
Contents
DECLARATION ....................................................................................................................... 3
ACKNOWLEDGEMENT ......................................................................................................... 4
1. INTRODUCYION ............................................................................................................. 6
HYPOTHESIS ......................................................................................................................... 10
LIMITATION .......................................................................................................................... 11
BIBLIOGRAPHY .................................................................................................................... 37
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
1. INTRODUCYION
The project deals with the ongoing debate on schedule caste and schedule tribes
commission impact analysis in India and particular in Bihar and the impact of
such empowerment (if it is there) on them and over the whole society. It is also
important to know, how far such commission impact is helpful for the schedule
caste and schedule tribes.
schedule caste and schedule tribes are a designation for a group of people
traditionally regarded as untouchable. schedule caste and schedule tribes are a
mixed population, consisting of numerous social groups from all over India; they
speak a variety of languages and practice a multitude of religions. There are many
different names proposed for defining this group of people, including Panchamas
("fifth varna"), and Asprushya ("untouchables").
In 2001, the proportion of Dalit population was 16.2 percent of India's total
population. The Dalit population is broadly distributed across Indian states and
districts. In 2001, the state of Punjab had the highest proportion of its population
as Dalit, at about 29 percent, and the state of Mizoram had the lowest at nearly
zero. The government of India recognises and protects them as Scheduled Castes.
The term Dalit has been interchangeably used with term Scheduled Castes, and
these terms include all historically discriminated communities of India out-caste
and Untouchables.
While discrimination based on caste has been prohibited and untouchability
abolished under the Constitution of India, discrimination and prejudice against
Dalits in South Asia remains. Since its independence in 1947, India has
implemented an affirmative policy of reservation, the scope of which was further
expanded in 1974, to set aside and provide jobs and education opportunities to
schedule caste and schedule tribes. By 1995, of all jobs in India, 17.2 percent of
the jobs were held by Dalits, greater than their proportion in Indian population.1
In 1997, India democratically elected K. R. Narayanan, a schedule caste and
schedule tribes, as the nation's President. Many social organisations too have
proactively promoted better conditions for schedule caste and schedule tribes
through improved education, health and employment.
Schedule caste and schedule tribes and similar groups are found in India, Nepal,
Pakistan, Sri Lanka and Bangladesh. Further wherever immigrants from these
countries have left, caste has gone with them. As a result, schedule caste and
1
"Status of caste system in modern India". Dr. B.R.Ambedkar and His People. 2004.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
schedule tribes can also be found in the U.S., U.K, Singapore, Malaysia, Canada,
and the Caribbean.2
The word "Dalit" may be derived from Sanskrit, and means "ground",
"suppressed", "crushed", or "broken to pieces". It was perhaps first used by
Jyotirao Phule in the nineteenth century, in the context of the oppression faced by
the erstwhile "untouchable" castes of the twice-born Hindus.
According to Victor Premasagar, the term expresses their "weakness, poverty and
humiliation at the hands of the upper castes in the Indian society."3
Currently many schedule caste and schedule tribes use the term to move away
from the more derogatory terms of their caste names or even the term
Untouchable. The contemporary use of Dalit is centered on the idea that as a
people they may have been broken by oppression but they survive and even thrive
by finding meaning in the struggle of their existence towards human dignity. It is
now a political identity similar to the way African-Americans in the U.S. moved
away from the use of Negro to the use of Black or even African-American.
In both Bangladesh and Nepal, the types of discrimination faced by Dalits are
very similar to those existing in India. Notions of purity and pollution are
prevalent within society, social restrictions, and discrimination in access to public
places or jobs are therefore commonplace. Nepal’s situation is noteworthy as not
even a fringe of the 4.5 million Dalits (over 20% of the Nepalese population) has
been able to significantly emancipate itself. With no affirmative action measures,
there are practically no Dalits in Nepal’s legislative assemblies. The literacy rate
of Nepalese Dalits is only around 10%, while that of Nepalese Dalit women is
even lower. Over 80% of Nepal’s Dalits find themselves below the official
poverty line; their life expectancy is not higher than 50 years.
In Pakistan, as well as in Sri Lanka (except Tamil regions), the caste system is
somewhat less rigid in the sense that it does not hold any ritual pollution concepts.
However, features such as social distance and restricted access to land are still
very much a reality. Moreover, the Swat region in northern Pakistan also practices
extreme forms of humiliation against Dalits, and especially Dalit women.
Other Terms Mohandas Karamchand Gandhi coined the word Harijan, translated
roughly as "Children of God", to identify the former Untouchables. But this term
is now considered derogatory[citation needed] when used to describe Dalits. In
addition the terms "Scheduled castes and scheduled tribes" (SC/ST) are the
2
Soundararajan, Thenmozhi. "Black Indians". Outlook India.
3
Victor Premasagar in Interpretive Diary of a Bishop: Indian Experience in Translation and Interpretation of
Some Biblical Passages (Chennai: Christian Literature Society, 2002), p. 108.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
An Act to prevent the commission of offences of atrocities against the members of the
Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such
offences and for the relief and rehabilitation of the victims of such offences and for matters
connected therewith or incidental thereto.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
words and expressions unsed but not defined in this Act and de-fined in the Code or the Indian
Penal Code (45 of 1860) shall have the meanings assigned to them respectively in the Code, or
as the case may be, in the Indian Penal Code.
2. Any reference in this Act to any enactment or any provision thereof shall in relation to an area
in which such enactment or such provision is not in force, be construed as a reference to the
corresponding law, if any, in force in that area.
RULES AND ACTS:
1. The SC/ST (Prevention of Atrocities) Rules, 1995 (182KB)
2. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act, 1989) (51.3KB)
3. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment
Ordinance, 2014 (724KB)
RESEARCH METHODOLOGY
3. Analytical or Descriptive?
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
I have tried to be analytical in writing this project but nevertheless I have included statistics
and important quotes from different sources, as and when considered suitable.
HYPOTHESIS
Researcher thinks that –
RESEARCH QUESTION
SOURCES OF DATA
1. Primary sources:
2. Secondary sources:
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
RESARCH TOOL
1. Observation guide
2. Interview schedule
3. Questionnaire
4. Camera
LIMITATION
The researcher has paucity of time. Researcher did not survey whole Bihar of
SC/ST act office due to paucity of time.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
Dalits aren't one caste but historically were different groups that were not
members of the four castes or chaturvarna system. Even in modern times several
are rivals and sometimes communal tensions become very high on issues. A study
found more than 900 Dalit sub-castes throughout India, with internal divisions.
Politically, by emphasising the rights and well-being of any one caste community,
however, leaders risk severing attachment to an emerging Dalit consciousness
and fostering inter-caste rivalries between SCs. The DLM party leader says that
it's easier to organize Dalits on the basis of their caste rather than unite them to
fight caste prejudice as a whole.4
In modern history, Balmikis have described Jatavs as oppressors of the poorer.
Balmikis and Pasis in the 1990s refused to support the BSP, claiming it was a
'Chamar Party'. Many Dalit Sikhs that are converts to Sikhism claim a superior
status over the Raigar, Joatia Chamar and Ravidasi and do not intermarry with
them. They are divided into gotras which regulate their marriage alliances. In
Andhra Pradesh, Mala and Madiga are two Dalit caste communities who were
constantly in conflict with each other due to the historical rivalry between them.
Although the Khateek (butchers) are generally viewed as a higher caste than
Bhangis, the Bhangis will not offer cleaning services to Khateeks due to belief
that Khateeks are unclean from their butchering/slaughtering profession.5 They
also consider the Balai, Dhobi, Dholi, and Mogya as unclean and do not associate
with them.
The term Chandala is used in the Manu Smriti (lit. "The recollection of Manu"
or, with more latitude, "The laws according to Manu") in the Mahabharata. In
later time it was synonymous with "Domba", originally representing a specific
ethnic or tribal group but which became a general pejorative. In the early Vedic
literature several of the names of castes that are referred to in the Smritis as
Antyajas occur. The have Carmanna (a tanner of hides) in the Rig Veda
(VIII.8,38), the Chandala and Paulkasa occur in Vajasaneyi Samhita. Vepa or
Vapta (barber) in the Rig Veda. Vidalakara or Bidalakar are present in the
Vajasaneyi Samhita. Vasahpalpuli (washer woman) corresponding to the Rajakas
of the Smritis in Vajasaneyi Samhita. Fa Xian, a Chinese Buddhist pilgrim who
recorded his visit to India in the early 4th century, noted that Chandalas were
segregated from the mainstream society as untouchables. Traditionally, Dalits
4
P. 10 Untouchable Citizens: Dalit Movements and Democratization in Tamil Nadu By Hugo Gorringe.
5
P. 25 The Bhangi : a sweeper caste, its socio-economic portraits : with special reference to Jodhpur City By
Shyamlal.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
were considered to be beyond the pale of Varna or caste system. They were
originally considered as Panchama or the fifth group beyond the fourfold division
of Indian people. They were not allowed to let their shadows fall upon a non-
Dalit caste member and they were required to sweep the ground where they
walked to remove the 'contamination' of their footfalls. Dalits were forbidden to
worship in temples or draw water from the same wells as caste Hindus, and they
usually lived in segregated neighbourhoods outside the main village. In the Indian
countryside, the Dalit villages are usually a separate enclave a kilometre or so
outside the main village where the other Hindu castes reside.6
Some upper-caste Hindus did warm to Dalits. Some of such Hindu priests were
demoted to low-caste ranks, an example of the latter was Dnyaneshwar, who was
excommunicated into Dalit status in the 13th century but continued to compose
the Dnyaneshwari, a commentary on the Bhagavad Gita. Eknath, another
excommunicated Brahmin, fought for the rights of untouchables during the
Bhakti period. Historical examples of Dalit priests include Chokhamela in the
14th century, who was India's first recorded Dalit poet and Raidas, born into a
family of cobblers. The 15th-century saint Sri Ramananda Raya also accepted all
castes, including untouchables, into his fold. Most of these saints subscribed to
the Bhakti movements in Hinduism during the medieval period that rejected
casteism. The story of Nandanar, is popular wherein a low-caste Hindu devotee,
who was rejected by the priests but accepted by God. Due to isolation from the
rest of the Hindu society, many Dalits continue to debate whether they are 'Hindu'
or 'non-Hindu'. Traditionally, Hindu Dalits have been barred from many activities
that were seen as central to Vedic religion and Hindu practices of orthodox sects.
Among Hindus each community has followed its own variation of Hinduism, and
the wide variety of practices and beliefs observed in Hinduism makes any clear
assessment difficult.
The declaration by princely states of Kerala between 1936 and 1947 that temples
were open to all Hindus went a long way towards ending the system of
untouchability in Kerala. According to Kerala tradition the Dalits were forced to
maintain a distance of 96 feet from Namboothiris, 64 feet from Nairs and 48 feet
from other upper castes (like Maarans and Arya Vysyas) as they were thought to
pollute them.7 A Nair was expected to instantly cut down one, who presumed to
defile him by touching his person; and a similar fate awaited a slave who did not
turn out of the road as a Nair passed. Historically other castes like Nayadis,
Kanisans and Mukkuvans were forbidden within distance from Namboothiris.
6
"Cultural Diversity, Religious Syncretism and People of India: An Anthropological Interpretation" (PDF).
Retrieved 2014-04-08.
7
http://sih.sagepub.com/cgi/reprint/9/2/187.pdf?ck=nck.
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8
"Hindu Customs and Rituals". Nairs.in. 2012-04-10. Retrieved 2014/04/08.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
The word "dalit" is a vernacular form of the Sanskrit past participle adjective
दलि त (dalita). In Classical Sanskrit, this means 'divided, split, broken,
scattered', derived from the meaning of the verbal root िद भे दे : 'to divide'. This
word was repurposed in nineteenth-century Sanskrit to mean '(a person) not
belonging to one of the four Brahminic castes'. It was perhaps first used in
this sense by Jyotirao Phule, in the context of the oppression faced by the
erstwhile "untouchable" castes of the twice-born Hindus. According to Victor
Premasagar, the term expresses the Dalits' "weakness, poverty and humiliation
at the hands of the upper castes in the Indian society." The term Dalit has
become a political identity, similar to the way African Americans in the United
States moved away from the use of the term "Negro", to the use of "Black" or
"African-American." Dalits today use the term "Dalit" as they believe the
term is more than being broken and is in fact an identity born of struggle and
assertion.
In several incidents if dalits found burning holika for Holika Dahan ceremony,
they are tonsured and paraded naked in the villages.9Also in some parts of India,
Dalit grooms riding horses for wedding ceremonies are often beaten up and
ostracised by upper caste people.10 In August 2015, upper caste people burned
houses of Dalits alongside vehicles belonging to Dalit families and slaughtered
their livestock because dalits dared to carry temple car procession at the village
in Tamil Nadu. In August 2015, Jat Khap Panchayat ordered the rape of two Dalit
sisters because their brother eloped with a married Jat girl of the same village.11
9
http://timesofindia.indiatimes.com/city/varanasi/Dalit-tonsured-paraded-in-Sonbhadra-7-including-gram-
pradhan-held/articleshow/46461562.cms 15/4/17 12:30pm
10
http://www.thehindu.com/news/national/other-states/dalit-wedding-fetes-face-feudal-rage-in-
rajasthan/article6207590.ece 15/04/17 12:31 pm
11
http://www.hindustantimes.com/india/jat-leaders-in-up-village-deny-ordering-rape-of-dalit-sisters/story-
YT9lHlfxXanfOJ1xQR1K4I.html 15/04/17 12:35
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
The Gautama Dharma sutra for the first time tries to explain the origin of
Chandals. It says that the Chandals is the offsprings of a male shudra and a
Brahmin woman and is the most reprehensible among those born in the indirect
order of pratiloma.12 Gautama calls pratiloma castes dharmbina or without
religion.13 The Apastamba dharma sustra says that after touching a chandal, one
shoud plunge in to water, on talking to him, one should converse with Brahmin,
and on seeing him one should look at the luminaries of the sky such as the sun,
the moon, the stars. The sutras were composed around sixth century BC.
12
(Pandey, 1966:IV.15.23)
13
Ibid.:IV.20
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
The important Constitutional safeguards for SCs & STs are mentioned below:14
(a) Directive Principles of State Policy
Article 46 is a comprehensive article comprising both the developmental and
regulatory aspects. It reads as follows:
"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 the Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation".
Social Safeguards
Article 17 "Untouchability" is abolished and its practice in any form is forbidden.
The enforcement of any disability arising out of "Untouchability" shall be an
offence punishable in accordance with law. To give effect to this Article,
Parliament made an enactment viz., Untouchability (Offences) Act, 1955. To
make the provisions of this Act more stringent, the Act was amended in 1976 and
was also renamed as the Protection of Civil Rights Act, 1955. As provided under
the Act, Government of India also notified the Rules, viz., the PCR Rules, 1977,
to carry out the provisions of this Act. As cases of atrocities on SCs/STs were not
covered under the provisions of PCR Act, 1955, Parliament passed another
important Act in 1989 for taking measures to prevent the atrocities. This act
known as the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989, became effective from 30.1.1990. For carrying out the
provisions of this Act the Govt. of India have notified the SCs and the STs
(Prevention of Atrocities) Rules, 1995 on 31.3.1995.
Article 23. Prohibits traffic in human beings and beggar and other similar forms
of forced labor and provides that any contravention of this provision shall be an
offence punishable in accordance with law. It does not specifically mention SCs
& STs but since the majority of bonded labors belong to SCs/STs this Article has
a special significance for SCs and STs. In pursuance of this article, Parliament
has enacted the Bonded Labor System (Abolition) Act, 1976. For effective
implementation of this Act, the Ministry of Labor is running a Centrally
Sponsored Scheme for identification, liberation and rehabilitation of bonded
labor.
14
Retrieved from http://dalitmarch.org/constitutional-provisions.html, on 2014/04/09.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
Article 24 provides that no child below the age of 14 years shall be employed to
work in any factory or mine or engaged in any other hazardous employment.
There are Central and State laws to prevent child labor. This article too is
significant for SCs and STs as a substantial portion, if not the majority, of child
labor engaged in hazardous employment belong to SCs and STs.
Article 25(2) (b) provides that Hindu religious institutions of a public character
shall be thrown open to all classes and sections of Hindus. This provision is
relevant as some sects of Hindus used to claim that only members of the
concerned sects had a right to enter their temples. This was only a subterfuge to
prevent entry of SC persons in such temples. For the purpose of this provision the
term Hindu includes Sikh, Jaina and Buddhist.15
Educational and Cultural Safeguards
Article 15(4) empowers the State to make any special provision for the
advancement of any socially and educationally backward classes of citizens or
for SC and ST. This provision has enabled the State to reserve seats for SCs and
STs in educational institutions including technical, engineering and medical
colleges and in Scientific & Specialized Courses. In this as well as in Article 16(4)
the term 'backward classes' is used as a generic term and comprises various
categories of backward classes, viz., Scheduled Castes, Scheduled Tribes, Other
Backward Classes, Denotified Communities (Vimukta Jatiyan) and
Nomadic/Seminomadic communities.
Article 330 provides for reservation of seats for SCs/STs in the Lok Sabha.
Article 332 provides for reservation of seats for SCs/STs in the State Vidhan
Sabhas (Legislative Assemblies).
Article 334 originally laid down that the provision relating to the reservation of
seats for SCs/STs in the Lok Sabha and the State Vidhan Sabhas (and the
representation of the Anglo-Indian community in the Lok Sabha and the State
Vidhan Sabhas by nomination) would cease to have effect on the expiration of a
period of ten years from the commencement of the Constitution. This article has
since been amended four times, extending the said period by ten years on each
occasion. This provision was to expire in January 2000.
Service Safeguards
15
National Commission for Schedule Castes | India Environment Portal
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
Article 16(4) empowers the State to make "any provision for the reservation in
appointments or posts in favor of any backward class of citizens which, in the
opinion of the State, is not adequately represented in the services under the State".
Article 16(4A) Nothing in this Article shall prevent the State from making any
provision for reservation in matters of promotion to any class or classes of posts
in the services under the State in favour of the Scheduled Castes and the
Scheduled Tribes which, in the opinion of the State, are not adequately
represented in the services under the State".16
Article 335 "The claims of the members of the Scheduled Castes and the
Scheduled Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration, in the making of appointments to
services and posts in connection with the affairs of the Union or of a State".
Article 320(4) provides that nothing in clause (3) shall require a Public Service
Commission to be consulted as respects the manner in which any provision under
Article 16(4) & 16(4) A may be made or the manner in which effect may be given
to the provisions of Article 335.
The Prevention of Atrocities Act
[Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989]
The Prevention of Atrocities Act (POA) is a tacit acknowledgement by the Indian
government that caste relations are defined by violence, both incidental and
systemic.17 In 1989, the Government of India passed the Prevention of Atrocities
Act (POA), which clarified specific crimes against Scheduled Castes and
Scheduled Tribes (the Dalits) as “atrocities,” and created strategies and
punishments to counter these acts. The purpose of The Act was to curb and punish
violence against Dalits. Firstly, it clarified what the atrocities were: both
particular incidents of harm and humiliation, such as the forced consumption of
noxious substances, and systemic violence still faced by many Dalits, especially
in rural areas. Such systemic violence includes forced labour, denial of access to
water and other public amenities, and sexual abuse of Dalit women. Secondly,
the Act created Special Courts to try cases registered under the POA. Thirdly, the
Act called on states with high levels of caste violence (said to be “atrocity-prone”)
16
^ Jump up to:a b "Home Minister P Chidambaram in Lok Sabha (Lower House of Indian
Parliament) on 30 August 2010". 164.100.47.132.
17
"The Prevention of Atrocities Act: Unused Ammunition". Hrdc.net. 31 August 2003. Retrieved 2014/04/09.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
to appoint qualified officers to monitor and maintain law and order. The POA
gave legal redress to Dalits, but only two states have created separate Special
Courts in accordance with the law. In practice the Act has suffered from a near-
complete failure in implementation. Policemen have displayed a consistent
unwillingness to register offences under the act. This reluctance stems partially
from ignorance and also from peer protection. According to a 1999 study, nearly
a quarter of those government officials charged with enforcing the Act are
unaware of its existence.18
20
SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
20
"The Prevention of Atrocities Act: Unused Ammunition". Hrdc.net. 31 August 2003. Retrieved 2014/04/09
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
1. Social Problem:
The high-caste Hindus maintained a social distance from them. They were denied
many basic amenities of life which were accorded to the high-caste Hindus. They
were dependent on the tradition of Hindus for items of food and drink.
2. Religious Problems:
These pertained to the denial of the right of entering temples which were
exclusively served by the high-caste Brahmins. The untouchables were neither
allowed to enter the temples nor served by the Brahmins. They had no right to
worship the Gods and Goddesses in the temple.21
3. Economic Problems:
They suffered from many economic problems. They had to face many economic
hardships and they were not given proper reward for their service. Traditionally,
untouchables were deprived of landed property of their own. They were not
allowed to carry on any business. They were not permitted to engage themselves
in the professions which were being carried out by the people of other castes.
The untouchables were not free to choose any occupation according to their own
ability they had to clean the streets, remove dead cattle and to undertake heavy
agricultural work. Mostly they were landless labourers. They worked in the fields
of high- caste Hindus as labourers.
4. Public Disabilities:
21
Retrieved from http://www.nhrc.nic.in/Publications/reportKBSaxena.pdf, on 20014/04/09.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
Harijans had to face many public indignities because they were denied the right
to use the services of public utilities like wells, public transport as well as
educational institutions.
5. Educational Problems:
Traditionally the untouchables were deprived of getting education. They were not
allowed to use public educational institutions. Even today most of the illiterates
are untouchables.
But these mitigating factors did not apply to the system of untouchability, which
was mostly perceived as a system of communal slave holding. Instead of an
individual owning slave, each village held the untouchable families attached to it
in a kind of slavery. No individual of the higher castes was supposed to have any
personal relations with an untouchable.22
22
http://www.yourarticlelibrary.com/society/problems-of-scheduled-castes-in-india-short-essay/4083/
16/04/17 05:12 PM
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23
Retrieved from http://darkindia.wordpress.com/dalit-in-india-facts-and-figures/, on 2014/04/09.
24
"National Commission for Scheduled Castes"
24
SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
25
http://ncsk.nic.in/sites/default/files/PoA%20Act%20as%20amended-Nov2017.pdf
26
Retrieved from http://www.nhrc.nic.in/Publications/reportKBSaxena.pdf, on 20014/04/09.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
Report or any part of such Report relates to any matter with which any State
Government is concerned, a copy of such Report shall be forwarded to the
Governor to be laid before the Legislature of that State.
The Commission has been vested with the powers to investigate any matter
referred to in sub-clause
(a) or inquire into any complaint referred to in sub- clause
(b) of clause (5) of Article 338 of the Constitution. The Commission has also been
empowered to exercise all the powers of a civil court while trying a suit and in
particular in respect of the matters,29
namely;-
(a) Summoning and enforcing the attendance of any person from any part of India
and examining him on oath;
(b) Requiring the recovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any court or office;
(e) Issuing Commissions for the examination of witnesses and documents and;
(f)Any other matter which the President may , by rule determine; Under Article
338(9) a duty has also been imposed upon Union and every State Government to
consult the Commission on all major policy matters affecting Scheduled Castes
and Scheduled Tribes.
The first Commission under the Constitution (65th Amendment) Act was
constituted on 12.3.92 replacing the Commissioner for Scheduled Castes and
Scheduled Tribes and the Commission set up under the Ministry of Warfare's
resolution of 1987.The first Commission consisted of Shri RamDhan as the
Chairmen, Shri Bandi Araon as the Vice-Chairman and Shri B. Samaiah ,Dr.
Sarojini Mahishi, Chaudhary Hari Singh, Shri N. Brahma and Shri Jina Bhai
Darjee as Members.30
The present Commission, third in the series was constituted in December 1998,
vide Ministry of Social Justice & Empowerment's notification no. 5035 (E) dated
27th January 1998 consisting of Shri Dileep singh Bhuria as the Chairman, Shri
29
II. Provisions relating to SCs (Page 6) – Constitutional Provisions: Ministry of Social Justice and
Empowerment, Government of India
30
"THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003". by Government of India.
indiacode.nic.in. Retrieved 28 July 2013.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
Kameshwar Paswan as the Vice-Chairman and Shri Harinder Singh Khali, Ven
Lama Labzangh, Shri Chartray Majhi and Smt.Veena Nayyar as Members.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
For the project, the researcher has done doctrinal and non-doctrinal studies. As
this project is related to the schedule caste and schedule tribes and they’re its
impact analysis in contemporary scenario, few interviews of politicians,
privileged persons and general people have been taken in order to find the fair
situation of empowerment and how it impacted the society.
A total of 12 interviews have been taken, out of this 6 are of the politicians and
some privileged class people like professors and doctors and 6 of general people
of schedule caste and schedule tribes section.
*The interview schedule is attached overleaf.
From the field work (interview schedule), the researcher analyzed the data as:
More or less, all the people whose interview was taken agreed that schedule
caste and schedule tribes are still lagging behind in all round development.
The empowerment which they needed since independence, they never got.
The overall condition of the schedule caste and schedule tribes is still not
good and they as backward as the citizens of a third world.
The empowerment of which we are talking, is limited only to some
particular persons or groups in the society.
If we talk about the reality of empowerment, schedule caste and schedule
tribes are more politically empowered than socially or economically, due
to their larger share in the vote bank of electoral politics. Politically, they
are also willing to play larger role than ever. This enthusiasm is not visible
in social or economic change of theirs. They feel helpless.
Only few groups are economically empowered. And that empowerment is
least visible in Bihar.
schedule caste and schedule tribes are very much socially sensitive. They
are now willing to fight wholeheartedly for their equal rights with forward
and powerful OBCs.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
But still, a lot of personal and public initiatives are needed for their
wholesome empowerment. All the interviewees stressed on various steps
for further empowerment of the schedule caste and schedule tribes.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
Postal Address
Nationl Commission For Scheduled Castes,
New Delhi-110003
31
SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
Postal Address
Nationl Commission For Scheduled Castes,
New Delhi-110003
Fax Line
S.No. Office of Fax Numbers
1 Chairman 24632298
2 Vice Chairman 24690334
3 Secretary (Fax) 24694743
4 Joint Secretary (Fax) 24624731
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
33
SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
At last, the researcher would like to conclude that the present situation of Dalits
in India is complex and confusing. There are no obvious, agreed upon solutions
to the problems which the Dalits face; the way forward in the Dalit struggle is by
no means clear. According to the 1991 Census there were about 138,200,000
Dalits in India and they constituted about 16.5% of the entire population of India.
The 2010 Census has now been completed. The total population as risen to over
one billion, but we do not know yet what the Dalit total is; however, if past trends
continue, we may safely assume not only that the Dalit population will also have
increased but also that the Dalit proportion of the total population has risen as
well. India has lower level of intergroup inequality than many other nations;
however, given India's general poverty and lower gross per capita income, the
average quality of life for Dalits and non-Dalits is lower than other countries.The
overall assessment of the Dalits reveals that they are still not treated as equals.
By going through all legal and constitutional provisions, they seem adequate. But
the need is to develop real respect for the Dalits in the society. No doubt, the time
has gone for suppression of their voices in most parts of the country. They are
very much active in realization of their rights in the society. And politically, no
one can deny their strong presence. Several Dalit leaders who are holding the
higher posts of the country or have holded such posts are evident enough to show
how much Dalits are politically empowered. At the same time, they are also
helpless by blindly supporting their leaders. As far as economic empowerment is
concerned, Dalits are not very much economically well off, especially in the state
of Bihar, leaving few exceptions. We know the term “Dalit Crorepatis” but such
persons are limited to the regions of Maharashtra, Gujarat, Punjab, etc. So still a
lot can be done for the real empowerment of the Dalit section of our society.
Without their welfare, we shall never achieve the goals and objectives of a ‘Best
India’.
Instead of many acts and laws, caste discrimination is prevailing in our society.
It has not completely eradicated but some extent laws and Acts make better
society that of after independence. There is need of enforcing the laws strictly to
make a society which is far above than caste discrimination. Most important thing
is that we have to also accept the truth all are human being, all functioning of
body are same, color of blood is also same. Then I arose a question on what basis
we discriminate? when a person of upper class is in a dire need of blood and he
is unable to get same group of blood from blood bank or from his any relative
and if his blood group is matched with a lower caste person he will take or not.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
He will certainly take. We are the people who create differences on the basis of
skin because it does not go to the blood.
Schedule cast consist 16% of the total population. For being a developing nation,
we can’t neglect them because without them it is next to impossible to become a
developed nation. So for them make better laws not only making or drafting the
laws but enforcing that law strictly.
They are uneducated they can’t read and write they don’t know about all schemes
and subsidies provided by government to them then how can they take benefit of
these. Govt. should employee officials person or staff to make them understand
about schemes and subsidy in their regional language. Most important thing is to
rein on corruption because on regional and lower post govt official always ask
for money, sweets and gift in any form.
For creating a caste discrimination free society we have to do certain things: -
1. we all have to left biological excellent which we get from our ancestor 9
2. Inter cast and inter religion marriage should be cheer and facilitate. At
some extent it should made mandatory.
3. We have to do one thing is that neither we will ask caste nor tell caste.
35
SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
In Kaimur district, today the schedule caste situation in kaimur is not very good ,
but we can see that it is good from before. Today the government is assisted so
that schedule caste be improved.
Exampal: NREGA, STUDENT CREDIT CARD, BIHAR MAJADUR
CARD.
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SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IMPACT ANALYSIS
BIBLIOGRAPHY
1. The Statement of the object and reasons for SC/ST(PoA)ACT 1989.
2. ^ Jump up to:a b "Home Minister P Chidambaram in Lok Sabha (Lower House of
Indian Parliament) on 30 August 2010". 164.100.47.132.
3. ^ P.S. Krishnan, ‘Atrocities against Dalits: Retrospect and Prospect’, Combat Law,
Vol.8, Issue 5-6, 2009, p.12.
4. ^ Parliamentary Committee on the Welfare of SCs & STs, 4th Report 2004-05, New
Delhi, 2005, para 1.2
5. ^ Parliamentary Committee on the Welfare of SCs and STs, 4th Report 2004-05, New
Delhi, 2005, para 1.4
6. ^ National Commission for SCs, First Report 2004-05, New Delhi, 2006, pp.222-3.
7. ^ NHRC, Report on Prevention of Atrocities against SCs, New Delhi, 2004, pp.14-15.
1. http://ncsk.nic.in/sites/default/files/PoA%20Act%20as%20amended-Nov2017.pdf
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