This article has been written by Divya of 1st year from NLU, Vizag.
Since our childhood, we have been taught in our classes that equal opportunities implies competition between equals and not un-equals. Our constitutional makers recognised it and hence a special responsibility was placed on state to provide protection to the weaker section of society. According to 2011 census the Scheduled Caste comprises of 16.6 percent and Scheduled Tribe about 8.6 percent.
PROBLEMS FACED BY SCs AND STs
SOCIAL PROBLEM
According to Caste hierarchy the SCs and STs are ascribed low and they are considered ‘unholy’, ‘inferior’ and ‘low’. they are also suffering from stigma of untouchability.
RELIGIOUS PROBLEM
They were denied to enter in temples which are exclusively served by high-caste Brahmins and they were not even allowed to enter them. The Vedic mantras which are considered to be more pure could not be listened to and chanted by the Harijans because of the taboos. They were only permitted to make use of the upanishadic mantras which are considered to be less pure. Burial grounds were also denied for them in many place.
ECONOMIC PROBLEM
They were not allowed to have land and business. These depend more on agriculture but at the same time they own very few land of their own.
The occupational choices they have are very limited and are forced to stick on traditional inferior occupations.
Majority of them are landless and they are in debt. They are exploited by upper castes and suffer as bonded labours.
EDUCATIONAL ISSUES
Traditionally they were not allowed to use public educational institutions, Sanskrit education was denied for them. They were forbidden to take education.
POLITICAL PROBLEMS
Under British rule, they were given right to vote for the first time. They didn’t have any place in the politics, administration and general governance.
PUBLIC PLACES
They were not allowed to use Public Places. They were living on outskirts of cities and avail of civic facilities such as- village wells, ponds, temples, hostels, hotels, schools, lecture halls, dharmashala etc.
CASES
INDRA SAWHNEY V. UNION OF INDIA
It has been held that caste is the determining factor for classifying a class as a backward class. However, the court held that the maximum limit of reservation cannot exceed 50% and there can be no reservation in promotion posts.
DEVASAM V. UNION OF INDIA
The ‘Carry forward Rule’ framed by Central Government was held invalid on the ground that the power vested in the State Government under Article 16(4) could not be so exercised as to deny reasonable equality of opportunity in matters of public employment to members of classes other than backward. In this case the number of vacancies which came to be reserved by virtue of ‘Carry-Forward Rule’ was nearly 68% of the total vacancies which was unreasonable an hence the rule was declared invalid.
COMMISSION FOR SCHEDULE CASTE
Article 338 of Constitution provided for the appointment of the special officer for Scheduled Castes to investigates all matter all matter relating to the constitutional safeguards for the SC to report to the President on their working. He was designated as the commissioner for SCs and STs to report to the president on their working. In 1978, the government set up a non-statutory multi-member commission for SCs and STs. In 1987, the government modified the function of the function of commission for SCs and STs.
In 1990 by the 65th constitutional amendment provided for the establishment of high level multi-member national commission for SCs and STs. This constitutional body replaced the commissioner for SCs and STs set up under the resolution of 1987.
Again, 89th constitutional amendment act of 2003 bifurcated into two bodies which was combined for SCs and STs , namely National Commission for Scheduled Castes under Article 338 and National Commission for Scheduled Tribe under Article 338A.
So these separates commissions came into force from 2004 consisting of chairperson, vice- chairperson and other three members. The appointment is done by President by warrant under his sign and seal. The service and it’s tenure are also decided by the President.
SCHEDULED CASTES AND SCHEDULED TRIBES(PREVENTION OF ATROCITIES) ACT, 1989
Due to the failure of the Constitution to create equality for all in Indian society and also to eliminate the practice of untouchability, a new law was needed, and thus, the Untouchability (Offences) Act 1955 was passed, but its shortcomings and loopholes necessitated a complete overhaul of this Act. Upon its revamp in 1976, the Act became the Protection of Civil Rights Act. In spite of the various measures taken by the government to close this gap between lower and upper castes and to protect the Dalits from discrimination, harassment, and offences, they remained a vulnerable category.
The act is primary legislation aimed at preventing crimes against them.
Special courts and Exclusive Special Courts shall be established for the purpose of trying individuals charged with such atrocities.
Funds are provided for their free rehabilitation, travel expenses and maintenance expenses.
Work of this act is to prevent deprivation and assists marginalised communities in avoiding it.
Additionally, the act sets out to make dailts inclusive in the society and protecting them when threats are given to them and there is any violation of their social, economic, democratic and political rights.
CONCLUSION
Traditionally, Scheduled Castes were employed with occupations and with varying positions both social and economic , were assigned different ranks according to hierarchy of caste system. Their touch to different commodity or person belonging to Hindu Caste was avoided as far as possible. They used to live far from so called clean castes. The discrimination on daily basis could be seen with every activity like separate drinking wells and taps, segregated housing colonies, prohibition for inter caste marriage, separate burial grounds, separate worship places, different places for children during mid-day meals at school, denial to take food from cook of SC and ST caste, not allowing groom to mount on horse, different dressing from others and the list goes on with no end. Discrimination also manifest into visible and non-visible form in form of spoken languages through idioms and phrases. The failure of the Indian state and it’s instruments to cope with the problems arising in the process of socio- economic changes in a society with adult suffrage and equality of opportunity and status, among other. Such a combination has inevitable led to strong resentment expressing itself in violence. Unless these infirmities are removed and progress made towards the creation of a truly just society and non-exploitative social order, violence is not likely to continue but may get aggravated.
REFERENCE:
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