CHAPTER 9
Issues of Social Justice :
Scheduled Castes and Scheduled Tribes and Other Backward
Classes – An unfinished national Agenda
Scheduled Castes
and Scheduled Tribes have been, for centuries, the most neglected, marginalized
and exploited people. The scourge of
untouchability was a blot on the Indian civilization. Despite the constitutional declaration of its abolition under
Article 17 of the Constitution, it persists in many subtle and not so subtle
ways. It has been an unmitigated tale of prejudice, discrimination and
exploitation. At stake, in the ultimate analysis, is the very integrity and survival of Indian
society. Without transforming
vertical inequality in
society into horizontal equality, democracy will have no
meaning. If
|
Scheduled
Tribe Populations in India q In 1991,
close to 68 million people – 8% of India’s population - were classified as
belonging to Scheduled Tribes. This
is more than the entire population of East Asia (excluding China), and
roughly equivalent to the total populations of Canada, Australia, Sweden and
Belgium. q Four
states – Madhya Pradesh (15.4 million), Maharashtra (7.32 million), Orissa
(7.03 million) and Bihar (6.62 million) – account for almost 50% of India’s Scheduled Tribe population. q Forty
districts in India (Appendix X) account for 50% or more of Scheduled Tribe
population. 35 districts have no
Scheduled Tribe population. q Five States/Union Territories - Chandigarh,
Delhi Haryana, Pondicherry and Punjab (Appendix VI) - report no Scheduled Tribe populations. q Scheduled
Tribe populations are not a ‘minority’ in all States and Union
Territories. The States - Mizoram
(95%), Lakshadweep (93%), Nagaland (88%), Meghalaya (86%), Dadra and Nagar
Haveli (79%), Arunachal Pradesh (64%), Manipur (34%) and Tripura (31%) - have 30% or more of Scheduled Tribe
population. |
the law is not in favour of
disadvantaged, they will never achieve true equality of opportunity and freedom
of choice. The nation’s unity will be
at risk. In some form or the other,
overt or covert, in many subtle ways, the prejudice against these weaker
sections persists. This is perhaps
because of the mindset of certain sections of the society. Indeed to refer to the Scheduled Castes and
Scheduled Tribes and other backward classes*
as mere ‘sections of society’ is a grave misuse of words. They together constitute the vast
and not merely a section. The recurring themes that,
unfortunately, have been dominating the debate on reservation is – ‘Could the
rights of individual be put at risk in the interest of a disadvantaged
group? Does it amount to reverse
discrimination? Is it acceptable to
require an individual to make the sacrifice?
These questions which dominate the debate are greatly misplaced. The injustices heaped on the Scheduled
Castes and the Scheduled Tribes for no reason other than the pure accident of
birth have few parallels in the history of civilisation.
q In 1991, close to 138 million
people – over 16% of India’s population - were classified as belonging to
Scheduled Castes. q
Four
States – Uttar Pradesh (29.3 million), West Bengal (16.08 million), Bihar
(12.6 million) and Tamil Nadu (10.71 million) - account for 50% of India’s
Scheduled Caste population (Appendix I). q
One
State and two Union Territories report no Scheduled Caste populations. They are Nagaland and Andaman and
Nicober Islands and Lakshadweep. q 100
districts (Appendix-V) account for 51% or more of Scheduled Caste
Population
Scheduled
Caste Populations in India
9.1 Constitutional Mechanism
For Uplift Of Scheduled Castes,
Scheduled Tribes And Other
Backward Classes
The deep concern
of the framers of the Constitution for the uplift of the Scheduled Castes and
Scheduled Tribes and Other Backward Classes is reflected in the elaborate
constitutional mechanism set-up for their uplift. Article 17 abolishes Untouchability. Article 46 requires the State ‘to 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 to protect
them from social injustice and all forms of exploitation. Article 335 provides that 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 15(4) refers to the special provisions for their advancement. Article 16(4A) speaks of “reservation in
matters of promotion to any class or classes of posts in the services under the
State in favour of SCs/STs, which are not adequately represented in the
services under the State’. Article 338
provides for a National Commission for the Scheduled Castes and Scheduled
Tribes with duties to investigate and monitor all matters relating to
safeguards provided for them, to inquire into specific complaints and to
participate and advise on the planning process of their socio-economic
development etc. Article 330 and
Article 332 of the Constitution respectively provide for reservation of seats
in favour of the Scheduled Castes and the Scheduled Tribes in the House of the
People and in the legislative assemblies of the States. Under Part IX relating to the Panchayats and
Part IXA of the Constitution relating to the Municipalities, reservation for
Scheduled Castes and Scheduled Tribes in local bodies has been envisaged and
provided.
9.1.2 Part IX and Part IXA of the Constitution respectively permit
the legislature of a State to make provision for reservation of seats in
Panchayat and Municipalities in favour of backward classes of citizens. Article 340*
of the Constitution provides for appointment of a Commission to investigate the
conditions of Backward classes. Article
16(4) and 16(4A) respectively permit reservation of appointments or posts and
in matters of promotion in favour of backward classes not adequately
represented in the services under the State.
Article 15(4) permits the State to make special provision for the
advancement of any socially and educationally backward classes of citizen. In addition to these, there are also other
Constitutional provisions for the welfare and socio-economic empowerment of the
Scheduled Caste, the Scheduled Tribes and other backward classes.
9.2 Fulfilment
Of Constitutional Mandate – How Far?
How Fair?
In spite of this manifest, avowed and
determined concern of the Constitution, the objectives have not been fully
achieved and whatever has been done has been done hesitatingly, half-heartedly
and as a measure of concession forgetting that in this area we are dealing with
Constitutional rights and not concession to those classes.
9.2.1.2 It is instructive to examine how the
socio-economic, legal and political factors inter-play to generate a particular
matrix of social dynamics. The text of
the Constitution created a lofty mix of Fundamental Rights and a set of
Directives enjoining upon the State the
obligation to promote and to secure to the citizens, the enjoyment of
rights that provide the citizen an environment allowing his/her growth and
development with social justice, equal opportunity, right to work and access to
basic needs and opportunity without discrimination. While the text created a noble and a sanguine texture, the key
players were the State, the legal system, the dynamics of social development
and the social forces generated by the socio-political processes. The linkage between these players provides
some explanations to the path that the nation has traversed in economic growth,
social development and pursuit of equal justice. The processes of economic development do not necessarily lead to
equitable income distribution. In
fact, these often result in appropriation of national and social resources by a
small percentage of the people. While
over the years, the social services in the field of education, health,
transportation and tertiary sectors have increased, there has been an inherent
distortion in their universal access.
Typically in this paradigm, the center has continuously appropriated
access to every aspect of development of services and resources at the cost of
vast periphery. Policy instruments
loaded with different objectives produce a paradoxical regime of results, which
is fairly seen in the areas where the Constitution assigned the role of basic
font of delivery to the State.
9.2.1.3 The legal regime also confronts us with
paradoxes. While the legal text is
explicit in seeking remedies, the implementation appears to evade
performance. In implementation of laws
and the working of the legal system several trends emerge. Laws and legal processes are not self
executing; they depend on the players such as the administrative structure and
its processes, the judiciary with the anticipation that the social attitudes
are driven by enlightened notions -: equity, social justice, fair play. However, the responses of the players in
the implementation of laws protecting the weak, the oppressed, women and
children and the socially disadvantaged have over the years become increasingly
indifferent. The injustices have been
allowed to persist and the system has failed to provide for
self-correction. In implementation and
in interpretation of the Constitution and law, distortion and denial of the
rights have crept in.
9.2.1.4 A related issue of social dynamics is
the opportunity and the access to the disadvantaged to take advantage of forums
of the enforcement process and social mobilization. The polarization of castes and classes in the recent years across
the society has shown disturbing trends, in as much as the administrative
system, the judiciary, the legal processes reflect the social reality of a
given area or region. Enforcement agencies have themselves responded to these
urges for social protests and desire for enforcement using the legal and social
processes with indifferences and indeed ostensibly with resistance. Increasingly it was shown that whereas
processes were available to the disadvantaged, the weak, the oppressed, women
and children, access was denied owing to its cost and remoteness. Even when the State created some shelters
through various form of Legal Aid to Scheduled Castes, women and to the
oppressed, they were reduced to tokenism owing to the quality and availability. Indeed, the higher levels in judiciary
intervened with vigour against the injustice manifest in the system in the form
of bonded labour, child labour, crime against the women and Scheduled Castes
and tribals etc. It is pertinent to note that the legal and institutional processes of redressal where provided are
available only formally and have made a little or no impact. The disadvantaged sections of the society
have difficult access even to the shelters and sanctuaries created for them
under the law. The manner and frequency
with which social protests have, in some cases, been snuffed out by the very system created to protect it, is
revealing. This is the major challenge
for the system which incorporates in its formal text the creation and the
sustenance of a civil society.
Article 17
of the Constitution abolished untouchability.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 was enacted to prevent atrocities against the Scheduled Castes and
the Scheduled Tribes. A glance at the
number of cases registered under the Protection of Civil Rights Act, 1955 and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Table 9.1) shows that though total number
of cases under these Acts show a declining trend in recent years yet the high
number of cases still registered under these Acts is a grim reminder of the
unfortunate fact that atrocities against the Scheduled Castes and the Scheduled
Tribes and untouchability continue unabated even today.
Table No. 9.1
Number of
Cases Registered under The Protection Of Civil Rights Act, 1955
And SC/ST
(Prevention Of Atrocities) Act, 1989
Year
|
Scheduled Castes |
Scheduled Tribes |
Total Cases Registered |
||||
|
Cases registered under |
Cases registered under |
||||||
PCR Act
|
SC/ST POA Act |
Total |
PCR Act
|
SC/ST POA Act |
Total |
||
1997
|
1216
|
8070 |
9286 |
88
|
643 |
731 |
10017 |
1998
|
724
|
7443 |
8167 |
50
|
709 |
759 |
8926 |
1999
|
678
|
7301 |
7979 |
45
|
574 |
619 |
8598 |
Source: As compiled by National Human Rights
Commission from monthly crime statistics
9.2.3 Inadequate Representations In The Public Services
Adequate representations in the public
services of Scheduled Castes and Scheduled Tribes is as yet another unredeemed
constitutional pledge. The following
tables show the representation of the members of Scheduled Castes/Scheduled
Tribes in the services of the Central Government in the years 1961 and 1998:
Table 9.2
|
Group (Excluding Sweepers) |
Percentage of Scheduled Castes |
Percentage
of Scheduled Tribes |
||
|
1961 |
1998 |
1961 |
1998 |
|
|
A B C D |
1.44 2.45 7.49 17.19 |
10.38 11.73 15.99 21.45 |
0.21 0.67 0.92 3.13 |
3.21 2.68 5.95 6.85 |
Source: Records of Ministry of Personnel, Public
Grievances & Pensions, Govt. of India,
New Delhi.
9.2.3.2 From
the Table, it is clear that the adequate representation to Scheduled Caste and
Scheduled Tribe in Group ‘B’ & Group ‘A’ posts in Central Govt. itself
remains inadequate. Scheduled Tribes
are not adequately represented in Group C and Group D services as well. Moreover, within Group ‘A’ at top echelons
where decisions are taken, representation of the Scheduled Castes and the
Scheduled Tribes is meagre and therefore, to that extent, representation shown
by data for Group ‘A’ posts presents a distorted view of actual state of
affairs.
9.2.3.3 The
efforts to ensure adequate representation for Scheduled Caste and Scheduled
Tribe in higher levels of public services are perceived by the disadvantaged
groups as having received a set back following certain judgements of the
Supreme Court. In Preeti Srivastava’s1 case, a
five Judge Bench of the Supreme Court held that there should be no reservation
in admission in Ph.D., etc. The Medical
Council of India was directed to consider the percentage of relaxation of marks
for admission in post-graduation. In
Vir Pal Singh Chauhan’s2 case and
Ajit Singh’s case3, the Supreme Court by
two-Judge Bench and five-Judge Bench respectively held that reserved candidates
promoted on applying the rule of reservation should not gain seniority until
the general candidates catch them up.
The elbow right given is only in cases where the reserved candidate had
already been promoted to the next higher post.
Article 16(4A), was interpreted as not creating a right for reservation
in favour of either the Scheduled Castes or the Scheduled Tribes . It was further held that the reverse
discrimination begins when protective discrimination ends. In Post Graduate Institute of Medical
Institution & Research Center, Chandigarh Vs. Faculty Association* case, it was held that single post should not be reserved.
9.2.3.4 Pursuant
to judgements in Sabarwal’s case1
and Ajit Singh’s case, etc. Government has from time to time since
1996 amended the departmental orders
providing for reservation in services.
These amendments have caused widespread dissatisfaction amongst
Scheduled Castes/Scheduled Tribes. A
feeling persists amongst them that in interpreting the words “consistently with maintenance of efficiency
of administration” occurring in Article 335 of the Constitution, the main
purpose and thrust of the provision has not been given due consideration. It is also complained that Government has
also gone beyond the mandate of the Supreme Court in certain respects while
amending the reservation orders.
9.2.3.5 There
have been demands for taking remedial steps by amendment to the Constitution so
as to allay widespread dissatisfaction and apprehension amongst the Scheduled
Castes and the Scheduled Tribes.
Restoration of pre-1996 position has been suggested to be necessary for
ensuring adequate representation of Scheduled Castes and Scheduled Tribes in
public services as mandated by the Constitution.
9.2.3.6 The Constitution (81st Amendment) Act, 2000 has by
introducing Article 16(4B) removed the obstacles in the way of treating
previously unfilled vacancies as a separate class of vacancies. Further amendments to the Constitution may
be necessary in case the position of
reservation as it existed prior to 1996 is to be fully restored.
9.2.3.7 Reservation for other backward communities in Central
services was provided only in 1990 and became operational from 1993
onwards. Sufficient statistical data
are not yet available to draw any definite conclusions to the extent, their
reservation has improved in the central services. The adequate representation of backward classes is, however,
still a far cry and special efforts need to be made for effectively enforcing
reservation of backward classes to achieve their adequate representation in
central services.
9.2.4 Declining
Land Holdings and Increasing Landless Labourers
An overwhelming majority of
Scheduled Castes and Scheduled Tribes live in rural areas and
a substantial percentage
of rural population live on
cultivation. It is observed from
Tables 9.3(A) & (B) that a large percentage of Scheduled Castes have
marginal land holdings and average size of their land holding is the minimum
amongst all social groups. It was
0.98 hectare in 1990-91 as against 1.05 hectares in 1985-86 and 1.15
hectares in 1980-81. It
is further observed
from table 9.4
that the
Table 9.3(A)
Percentage Distribution By Land Holdings Of Various Social Groups
In Various Years
|
S.No. |
Size of Holding |
Scheduled
Castes |
Scheduled
Tribes |
Others |
||||||
|
1980-81 |
1985-86 |
1990-91 |
1980-81 |
1985-86 |
1990-91 |
1980-81 |
1985-86 |
1990-91 |
||
|
1 |
Marginal |
68.9 |
70.7 |
72.2 |
39.8 |
41.3 |
43.4 |
56.2 |
57.5 |
59.1 |
|
2 |
Small |
16.3 |
16.0 |
15.9 |
22.6 |
23.5 |
24.1 |
11.9 |
18.3 |
18.8 |
|
3 |
Semi-medium |
9.5 |
8.8 |
8.1 |
20.5 |
20.2 |
19.5 |
14.0 |
13.7 |
13.1 |
|
4 |
Medium |
4.4 |
3.8 |
3.2 |
13.7 |
12.2 |
10.9 |
9.3 |
8.4 |
7.3 |
|
5 |
Large |
0.9 |
0.7 |
0.6 |
3.4 |
2.8 |
2.1 |
2.6 |
2.1 |
1.6 |
|
6 |
All size classes |
100.00 |
100.00 |
100.00 |
100.00 |
100.00 |
100.00 |
100.00 |
100.00 |
100.00 |
Source: Agricultural Census, 1980-81, 1985-86 and
1990-91, Government of India, New Delhi.
proportion of cultivators is going down and the decline is
quite sharp among the
group of Scheduled Caste
Cultivators as against the cultivators
pertaining to non-scheduled caste
sections of the society. In other
words the landlessness is increasing at
a faster rate
among the
Table 9.3(B)
Average Size Of Land Holdings In India Held By Various Social Groups
In Various Years
(Area in
Hectare)
|
S.No. |
Major size classes |
Scheduled
Castes |
Scheduled
Tribes |
Others |
||||||
|
1980-81 |
1985-86 |
1990-91 |
1980-81 |
1985-86 |
1990-91 |
1980-81 |
1985-86 |
1990-91 |
||
|
1 |
Marginal |
0.36 |
0.35 |
0.35 |
0.48 |
0.48 |
0.49 |
0.39 |
0.39 |
0.39 |
|
2 |
Small |
1.41 |
1.41 |
1.41 |
1.43 |
1.43 |
1.44 |
1.45 |
1.44 |
1.44 |
|
3 |
Semi-medium |
2.71 |
2.70 |
2.70 |
2.74 |
2.73 |
2.74 |
2.79 |
2.77 |
2.77 |
|
4 |
Medium |
5.84 |
5.78 |
5.77 |
5.98 |
5.95 |
5.89 |
6.03 |
5.97 |
5.92 |
|
5 |
Large |
16.44 |
16.24 |
16.70 |
15.88 |
15.87 |
15.78 |
15.65 |
17.43 |
17.57 |
|
6 |
All size classes |
1.15 |
1.05 |
0.98 |
2.44 |
2.25 |
2.07 |
1.88 |
1.74 |
1.59 |
Source: Agricultural Census, 1980-81, 1985-86 and
1990-91, Government of India, New Delhi.
Scheduled
Castes. At the
same time the
proportion of all
Scheduled Caste workers as agricultural labourer is
increasing at a faster
rate as compared with the Non- Scheduled Caste agricultural labourers
implying that after losing their land holdings Scheduled Caste cultivators are
becoming agriculture labourers. The
situation is not very different for Scheduled Tribes also. This goes contrary to the constitutional
pledges in respect of the Scheduled Castes and the Scheduled Tribes. Loss of land, on the one hand, is caused by
atrocities and, on the other hand, by making the Scheduled Castes and the
Scheduled Tribes more vulnerable, fuels and promotes continuance of atrocities
and untouchability. This sad situation
needs to be remedied.
Table 9.4
Labourers In Various Years
|
Category Of Agricultural Workers |
General
|
SCs
|
||||||
|
|
1961 |
1971 |
1981 |
1991 |
1961 |
1971 |
1981 |
1991 |
|
Cultivators |
52.78 |
43.38 |
41.53 |
39.72 |
37.76 |
27.87 |
28.17 |
25.44 |
|
Agri. Labour |
16.71 |
26.32 |
25.16 |
19.66 |
34.48 |
51.74 |
48.22 |
49.06 |
Source: Report of the
National Commission for Scheduled
Castes/Scheduled Tribes for the year 1996-97
9.2.5 Declining allocations of funds for welfare of Scheduled Castes/
Scheduled Tribes
The allocation of
funds as worked out in some studies1 for the
development and welfare of the Scheduled Castes and the Scheduled Tribes has
shown a steadily declining trend since late eighties. Allocations do not match the developmental needs and priorities
of the Scheduled Castes and the Scheduled Tribes. Implementation of schemes makes matter worse. There has, in general, been an inherent lack
of interest and seriousness on the part of planning and implementing machinery
to achieve the objectives of the Constitution and benefit secured by the
Scheduled Castes and the Scheduled Tribes do not appear commensurate with the
funds spent so far.
9.2.6 Backward Classes – Loss of Traditional
Occupations and Inadequate Allocations for their Development and Welfare
Absence
of official statistical data in respect of backward classes is a serious
handicap in fully visualizing the extent of deprivations suffered by these
classes. The conditions of these
classes seems to have deteriorated in recent years with decline in employment
opportunities in traditional occupations like weaving, fishing etc. in which a
large number of people of these classes have been traditionally engaged. Central plan allocations for development and
welfare of backward classes have been started only from the Ninth Plan and
allocations made, so far, are grossly inadequate. Targeted measures and greater allocations are needed to improve
their skills and to ensure their welfare and development.
9.3 Pledge Remains Unredeemed
In the years since independence and particularly after the
adoption of the Constitution, efforts made to promote and protect the rights of
Scheduled Castes, Scheduled Tribes and backward classes and to secure their
development and welfare have yielded only limited results. Improvements, no doubt, have been achieved
in a number of areas but wide gaps between Scheduled Castes, Scheduled Tribes
and backward classes on the one hand
and the Others on the other hand continue to prevail in almost all areas even
to this day. The representation of the
Scheduled Castes, the Scheduled Tribes and the Backward Classes in top
scientific and bureaucratic echelons is believed to be meagre though the
precise statistical data in this regard are not available. Depleting land and forest resources of
Tribals and vanishing of traditional employment opportunities for backward
classes is leading to worsening of conditions of these people.
9.3.2 The social inequalities and
injustices, the cruelties of the social
order have weakened the Indian society.
The fight against untouchability spearheaded by Mahatma Gandhi and
Dr.Ambedkar in the face of entrenched obscurantism, was historic. Strong support for removal of
untouchability, alleviation of poverty, ending of disgraceful occupations which
offended human dignity, the spreading of literacy and awareness were the result
of social reform movements which were commenced long before the
Independence. The social reform
movements by Swami Vivekananda, Shri Narayana Guru, Mahatma Phule, Dr.
Ambedkar, Shri Ramaswami Naicker, Swami Sampurnanand and others provided great
impetus to the restoration of human dignity of these classes and of their
determination to assert their place under the Sun.
The Scheduled Caste and the
Scheduled Tribe : Some Facts q
Atrocities against the Scheduled Castes and the
Scheduled Tribes and untouchability remain unabated even fifty years after
untouchability was abolished by the Constitution. q
Landlessness is increasing amongst the Scheduled
Castes and the Scheduled Tribes.
The proportion of cultivators amongst them is going down while that
of agricultural labourers is increasing. q
Allocation of funds for the development and
welfare of the Scheduled Castes and Scheduled Tribes over the years has
been inadequate and has declined in recent years. q
Representation of the Scheduled Castes and the
Scheduled Tribes in Group `A’ and Group `B’ posts in Central Government
remains inadequate. In case of STs
inadequacy exists even in Group ‘C’ & Group ‘D’ posts.
9.3.3 Yet, despite these efforts, the
unfortunate truth remains that atrocities against the Scheduled Castes and the
Scheduled Tribes recur, (as sadly against other vulnerable sections of society
as well), and serious gaps between policy declarations and ground reality
persist. There are many reasons for
this: historical and cultural, economic and social, political and
administrative, to name but a few.
9.3.4 The following
excepts from the Dalit Manifesto1 are
indicative of feelings of the Scheduled Castes, the Scheduled Tribes and the
Backward Classes regarding the extent of the benefits of various measures taken
by Government have percolated to them and the extent of their deprivations.
“In the half century after India’s
Independence, the nation has registered progress in a number of directions, but
it is the feeling of the Scheduled Castes (SCs), Scheduled Tribes (STs) and
Backward Classes (BCs) and of those who are working with them and for them that
the benefits of the nation’s progress have, in some respects, not become
available to them at all and, in other respects, have become available to them
in a very inadequate measure or truncated manner. ……………..
For example, while agricultural production has
multiplied, the bulk of the SC families remain agricultural wage-labourers, as
in the past many centuries, depending on their very oppressors and exploiters
for their bread. A large part of the
country’s agricultural land has been brought under irrigation but the limited
extent of lands owned by the SCs remain almost wholly unirrigated, forcing even
small farmers among the SCs to depend on agricultural wage-labour. Land ceiling and re-distribution Acts have
been honoured more in the breach than in the observance. The Special Component Plan for SCs
introduced in 1978, has been routinised and trivialized. The SCs continue to be forced to live in the
most miserable rural bastis and urban slums.
A large section of them continued to be forced to render “safai”
(scavenging) service. The bonded labour
system remains in all its vicious vigour and about two-thirds of bonded
labourers in the country belong to the SCs.
Untouchability continues to be rampant in many parts of the country. Atrocities continue to be perpetrated
against them whenever they seek to secure even a small parts of their
rights. Legislations to prevent and
penalise Untouchability and Atrocities are drafted defectively and
implemented half-heartedly. It is only a small proportion of SCs, about
two per cent of SCs families, who have been able to secure employment in
Government, PSUs and other such public organisations through the mechanism of
scholarship, hostels and reservation in posts and appointments. It is only this small proportion who have
been able to cross the “initial capital line of economic freedom” and the
“initial capital line of self-respect” demarking lines most relevant to SCs,
STs and BCs. Even the benefits of
reservation have not reached the SCs in full because of poor implementation by
the Central as well as State Governments.
STs,
proud masters of their traditional territory, are being progressively deprived
of their lands and have, in many cases, been reduced to minorities in their own
home-lands. This is a historical process that has been going on for centuries
and has acquired greater momentum in the decades of Independence. The lands that still remain with them are
poorly developed, are rarely irrigated and are unintegrated or poorly
integrated with the market, leaving the field open to exploiters and middlemen
from outside. Irrigation projects that
have been undertaken by Governments in the tribal areas are typically
programmes for creating dams in tribal areas, submerging tribal lands,
scattering their settlements and people to the winds and taking water to
non-tribals outside the tribal areas; the plan expenditure incurred on such projects are gratuitously
and unabashedly shown as a part of the Tribal sub-Plan, which has also been
routinised and trivialized. No wonder
an increasing number of STs are forced into agricultural wage labour and the
proportion of STs among agricultural wage labourer has increased in recent
decades. Traditional tribal rights in
forests which they have been enjoying through traditional symbiotic
relationship between tribes and forests, were unilaterally abrogated and
abridged by the colonial government, an abrogation and abridgement continuing
even after Independence, making the STs
dependent on others for their elementary requirements and for their very
survival. In the trading of Minor
Forest Produce (MFP) in the collection of which tribals are specialised, they
are being exploited both by private trade as well as by
cooperatives/corporations set up by Governments. Availability of MFP, which is the main or a substantial source of
livelihood for a large percentage of STs is fast shrinking.
Developmental assistance has been and is
usually sporadic, patchy, truncated and inadequate. Even these are poorly implemented because of the presence of
inegalitarians, in large numbers and in crucial positions, both in political as
well as administrative governance and the persecution and sidelining, in the
decades after Independence to this day, of those in the administrative
structure of the country, who are Egalitarians and who bear faith to the
Constitutional principle of Socio-Economic Justice….
……. Opportunities and
incomes in the traditional occupations, to which they (backward classes) are
largely confined, are also being threatened and truncated by the organised
market and through denial of access to Relevant Technology and to finance and
credit. Many of them have consequently
been pushed into agricultural wage-labour and even bonded labour. Almost all bonded labourers who are not SCs
or STs belong to BCs. The problem faced
by BCs engaged in traditional occupations is also the fate of those sections of
SCs and STs who are dependent on similar traditional occupations. The presence of BCs in the organised modern
establishments of government and quasi-governmental bodies is very limited on
account of denial of their Constitutional right to be recognised and accorded
reservation and other facilities until 1990-93 at the Centre and in a number of
States. Even now their other
entitlements like reservation in education have not been provided for in the
Central Sector.
Thus, as illustrated above, in the life of all those three categories,
who together constitute the vast majority of India’s population, economic
freedom is absent. Consequently, almost
all of them dwell below the “Line of Economic Freedom” and the “Line of
Self-Respect”. An important instrument
of progress emphasised by Dr.
Babasahab Ambedkar, viz; education, has not
been made available to them either in full quantity or in quality. There is no educational equality for them
with the dominant elite minority. In
fact, the qualitative gap between the educational availability to this majority
and the dominant elite minority has been alarmingly widening in the last one or
two decades. Thus there is no true
equality of opportunity for them.
Indian governance at the Central as well as State level, has not till
now addressed itself totally, comprehensively and consistently to measures
which would bring economic freedom, educational equality and true equality of
opportunities to SCs, STs and BCs in an integrated and comprehensive
manner. Developmental assistance has
been and is usually sporadic, patchy, truncated and inadequate”.
9.4 Measures To Fulfil The Constitutional Mandate
The wrongs
suffered by these classes can be remedied only by a combination of
measures. Free and compulsory
elementary education, indeed quality education, is the most important. Facilities need to be provided to ensure
that talented children belonging to these communities, achieve their full
potential and grow to become top professionals and administrators. Education alone, however, will not go very
far. Much of the opportunities and
prospects of employment of the educated members of the Scheduled Castes, the
Scheduled Tribes and Backward Classes are in public- services. Private sector has not responded with the
needed understanding. It needs to
cooperate in the improvement of socio-economic condition of the people
especially those belonging to the weaker sections of the society. It ought to contribute in the areas of
advancement of education, health and in provision of employment opportunities
for the weaker section of the people including the Scheduled Castes, Scheduled
Tribes and the Other Backward Classes.
Services in Government can provide for only a very small percentage of
the Scheduled Castes, the Scheduled Tribes and the Backward Classes. But that will be symbolic of their
empowerment and assures a sense of participation and share in governance. Sincere efforts need to be made to fulfil
the constitutional mandate of adequate representation for Scheduled Castes, the
Scheduled Tribes and Backward Classes in public services. Asset building, easy credit from banks,
providing land for agriculture, augmentation of irrigational facilities are
equally important.
9.4.2 Better enforcement of land reforms
legislations has to be ensured.
Forcible eviction of workers allocated land under various schemes and
atrocities on weaker sections must stop.
Safeguards have to be built in to protect the interests of Scheduled
Tribes in land and forest reserves of their region while ensuring optimum
utilization of those resources for speedy development of tribal region and the
country. The tribal areas covered by
the Fifth Schedule and Areas not covered by any Schedule need to be brought
under the Sixth Schedule for better administration of these Areas and for
bringing greater benefits to the tribals in these Areas.
9.4.3 A rich wealth of Traditional
Knowledge and Folklore exists in the country especially in tribal areas and
areas inhabited by the economically and socially backward classes. There is a need to identify and
comprehensively document all traditional knowledge available in the country so
that effective steps for protecting the ‘common heritage’ of tribals and others
are taken. This has acquired urgency
and added significance in view of establishment of an Intergovernmental
Committee on Intellectual Property and Genetic Resources, Traditional Knowledge
and Folklore by the WIPO General Assembly, at its twenty-sixth Session, held in
Geneva from September 26 to October 3, 2000.
The protection of traditional knowledge, innovations and creativity; and
the protection of expressions of folklore, including handicrafts are amongst
the agenda items for discussion in the first Session of the Committee being
held from April 30, 2001*. India may also join hands with the nations
of the Third World in getting protection in these areas. Appropriate domestic legislations would also
be required to be enacted to provide protection in these areas. Proposed legislations may also ensure that
the benefits of the new intellectual property regime get passed on collectively
to the communities who have contributed in creating, enhancing and preserving
that knowledge.
9.4.4 Measures are also needed to ensure
availability of adequate public funds for the welfare of the Scheduled Castes
and Scheduled Tribes and for ensuring the funds allocated for their welfare are
exclusively used for their welfare.
Allocations for Backward Classes are grossly inadequate and these need
to be enhanced and spent exclusively for their welfare. Targeted schemes are also necessary to
improve the skills and conditions of these classes.
* As official statistics in respect of Other Backward Classes (OBCs) is not available, same has not been referred to. The 2001 Census has also not attempted to fill this void.
* The Kaka Kalelkar Commission on the 29th January, 1953 and Mandal Commission on 1st January, 1979 were appointed under this Article.
1 AIR, 1999 SC 2894
2 AIR, 1996 SC 448
3 AIR, 1996 SC 1189
* AIR 1998 SC 1767
1 AIR 1995 SC 1371
1 See Kamble BN (1995), Effectiveness of the Developmental Programmes for SC&ST in Maharashtra, Ph.D., Thesis submitted to Pune University (pages 120-122).
1 P.S. Krishnan (1996), Dalit Manifesto, National Action Forum for Social Justice, New Delhi.
* See WIPO
Document No. WIPO/GRTKF/IC/1/3. P.3