Chapter No. 03: Constitutional Provisions & Government s Role.

Transcription

1 Chapter No. 03: Constitutional Provisions & Government s Role. Introduction. General Development of SCs & STs. The Objectives and Strategy for SC / ST Development. Welfare Policy for the Empowerment Of The Scheduled Castes. Constitutional Provisions for safeguards of SCs & STs. Constitutional Provisions for the SC/ST/OBC and minorities. Legislative framework. Reservations -Constitutional Safeguards. The Ministry of Tribal Affairs. Department of Welfare of SC /ST & Minority. Scheduled Castes/Tribes Welfare Schemes. Social Welfare Department (Backward Class Wing) Of Maharashtra. Measures for Uplift by Social Welfare Department Of Maharashtra. Reservation Policy. Scheduled Caste Welfare Organizations. 87

2 National Commission For Scheduled Castes. National Scheduled Castes and Scheduled Tribes Finance and Development Corporation (NSFDC). SC/ST Surveys. Impact of Government Programmes. Plan Initiatives in Development of SC & ST. Special provisions. Special Training And Rehabilitation Programmes For SCs & STs. Importance of Awareness among SC / ST Community. Strategies for Development of SC & ST. 88

3 Introduction: A number of Constitutional provisions exist for protection and promotion of the interests of the weaker sections. In conformity with the directive principles of State Policy, social justice has been an avowed goal of development. During the six decades of planning, a variety of programmes were launched with the objective of improving the socio-economic condition of Scheduled Castes and Scheduled Tribes. These measures have, no doubt, yielded results but not commensurate with the efforts or the needs of the target groups. A specific sector of Backward Classes was included from the First Plan to cater to the special needs of Scheduled Castes/Scheduled Tribes/Other Backward Classes. 1 It was visualized that the general development programmes should be so designed as to take care of the needs of Backward Classes as well and the special provisions in the Backward Classes Sector would be additive, to be used, as far as possible, for meeting the special developmental needs of these groups. Unfortunately, this expectation was belied in most cases and the Backward Classes Sector provisions, instead of supplementing the general sectors of development, tended to supplant the general sector provisions. It was, in this context, that the concept of Tribal Sub-Plan was introduced during the Fifth Plan and Special Component Plan for Scheduled Castes during the Sixth Plan to facilitate monitoring of development programmes for the benefit of Scheduled Castes and Scheduled Tribes. 89

4 General Development of SCs & STs: The Scheduled Castes Sub-Plan (SCSP) of 1979 mandated a planning process for the social, economic and educational development of Scheduled Castes and improvement in their working and living conditions. It was an umbrella strategy, ensuring the flow of targeted financial and physical benefits from the general sector of development to the Scheduled Castes. It entailed a targeted flow of funds and associated benefits from the annual plan of states and Union Territories (UTs) in at least a proportion to the national SC population. Twenty-seven states and UTs with sizable SC populations are implementing the plan. Although the Scheduled Castes population according to the 2001 Census was crores (16.23 percent of the total population), the allocations made through SCSP have been lower than the proportional population. 2 The Objectives and Strategy for SC / ST Development: The Government has spent a lot of funds on various schemes of SC /ST development during last six decades. This massive fund flow has helped in building up infrastructure facilities like irrigation dams, road network, electrification, health and education in the tribal areas. All these have affected the living standards and quality of life of SC /ST people. The focus of the plan was on improving the economic status of backward and providing basic infrastructure facilities in the tribal areas. The strategy also specifically aimed at improving the living environment of the 90

5 tribal by giving them better social and civic amenities and facilities. The objectives of the 12th Plan are: 3 Reduction in the incidences of poverty and unemployment and thereby reduction in income inequalities. Human resource development of the scheduled tribes by providing them economic & health services and development of the confidence among them through intensive educational efforts. Development and strengthening of infrastructure base for further economic exploitation of the resources (physical and human both) in tribal areas. Providing physical & financial security against all types of exploitation. The strategy to achieve these objectives has a blend of area based and individual based approach. The efforts will be to strengthen and develop vibrant socio-economic infrastructure on the one hand and on the other to provide better means of livelihood to those who still live on inadequate economic base Thrust Area. Human resources development through education and vocational training receive the importance. Women education will be given special importance because the literacy level of tribal women is very low. Facilities like hostels, residential schools and multipurpose hostels up to college level will be provided during the 12th plan period. 91

6 Welfare Policy for the Empowerment of the Scheduled Castes: The welfare policy for the empowerment of the Scheduled Castes includes various schemes. Many a times, there are common schemes for both the Scheduled Castes and the Scheduled Tribes For the up-liftment of SC and ST population and to facilitate them to secure proper place in the society, various concessions are given to them. The Government has also evolved methods to protect the interests of the SCs and STs through procedural, institutional and other safeguards. 2. A broad strategy was evolved for welfare and development of SCs and STs by introducing 'Tribal sub-plan' for STs and the Special Component Plan for SCs, from the 5th Five Year Plan. 3. Covering all activities of the Central Government through its various Ministries such as Health and Education. The Ministry of Social Justice and Empowerment runs a number of programs for the development of SCs and STs. 4. State Governments also have standing committees of State Assembly on the welfare of these two communities. 5. The concessions available to them are: 92

7 a. Reservation in service/post in government and public sector Undertakings to be filled up by direct recruitment and promotion. b. Relaxation of maximum age limit for direct recruitment and posts to be filled by promotion. c. Concessions in recruitment fees, Examination fees etc. d. Separate interviews for SC/ST candidates for direct recruitment. e. Relaxation of qualification, experience and other criterion for appointment. f. Travelling allowance for attending written test interviews for recruitment. g. Extension of zone of considerations for promotions to indeed SC/ST employees. h. Reservations in general residential accommodations. Provisions in the Conduct Rules against harassment of SC/ST employees. i. Reservations in dealerships of PSU products and concessions in the conditions related to dealership. Various welfare schemes are run by the Central Government itself and also through the State Governments. They are run by the Ministry of Social Justice and Empowerment. They provide grants for hostels, book banks, Ashram schools, grants to voluntary organizations, research and training, investment in share capital, low literacy pockets for girls, vocational training centers, scheme of village gram bank, post-matric scholarships, national 93

8 overseas scholarships, coaching and allied scheme, scheme for liberation of scavengers etc. 5 The Special Component Plan (SCP) was introduced in India in 1979 with a view to achieving overall development of SCs and STs and to raise them above the poverty line. It is an umbrella program implemented by Central and State governments for addressing the needs of these communities. Under the Central schemes introduced in , the Special Component Plan is to be extended to supplement efforts of State/Union territories for ensuring rapid socioeconomic development of SCs. The objective of the SCP is to give an added thrust to the developmental programs for SCs with reference to their occupational needs for increasing the productivity of and income from their limited assets by taking up family oriented schemes for them. It is used to fill the critical gaps and provide the Central Government a leverage in directing flow of funds in area critical to the developmental needs of the SCs. Government at both the levels have, according to the exigencies of time, evolved and adapted several intervention mechanism for the welfare of the SCs. These measures have been introduced to secure their social, educational and economic development. To achieve their social integration and development and specifically to protect them from exploitation, the protection of Civil Rights Act, 1955, and Prevention of Atrocities Act 1989 were enacted. 6 These are different instruments aiming 94

9 at prevention of exploitation of the person belonging to the SCs in any form. Constitutional Provisions for safeguards of SCs & STs: The social and economic position of the Scheduled Castes had been the concern of the Constitution. For providing safeguards for Scheduled Castes special provisions were made to promote the social, educational, economic and service interest of this section of the society. In order to ensure that the safeguards are properly implemented the Constitution on its inception, provided for appointment of a special office under Article 338 of the Constitution to investigate all matters relating to the safeguards provided for Scheduled Castes & Scheduled Tribes and report to the President about the working of these safeguards. In pursuance of this provision a Special Officer known as the Commissioner for Scheduled Castes & Scheduled Tribes was appointed for the first time on 18 th November, By 1965 the Commissioner of Scheduled Castes & Scheduled Tribes has 17 regional offices located in various States, headed by Assistant Commissioners for Scheduled Castes and Scheduled Tribes who were in July 1965, re-designated as Deputy Commissioners. This field organization of the Commissioner was recognized into 5 Zonal offices in June 1967 and placed under the control of the newly created Directorate General of Backward Classes Welfare in the department of Social Welfare. 7 95

10 Each Zonal office was headed by a Zonal Director. Backward Classes welfare & the erstwhile regional Deputy Commissioner for SC & ST were re-designated as Deputy Directors. Backward Classes welfare and placed under the control of Zonal Directors located at Chandigarh (Northern Zone), Bhopal (Central Zone), Patna (Eastern Zone), Baroda (Western Zone) and Madras (Southern Zone). The Eastern Zone office has two branches at Bhubaneswar and Shillong and later a branch office of the Central Zone was set up at Lucknow. Each of these branches was headed by a Deputy Director. The Western Zone office was shifted to Ahmedabad in It was felt that the office of the Commissioner for Scheduled Castes and Scheduled Tribes was not enough to monitor the safeguards provided to SCs & STs. Hence, due to voice raised by Members of Parliament, a proposal was mooted for amendment of Article 338 of the Constitution (46 th Amendment) by replacing the single member Special Officer by multi-member system. The first Commission for SC & ST came into being on August, With effect from the field offices were transferred to the newly set up Commission for SCs & STs and the Zonal Directors, BCW and the Deputy Directors, BCW were re-christened as Directors for SCs & STs and Deputy Directors for SCs & STs respectively. Later on the Zonal set up was abolished and the Commission once again had 17 field offices. Since the field Directors were also working for the Commissioner for 96

11 SCs & STs, they were re-designated as Director for SCs & STs and Ex-officio Deputy Commissioner for SCs & STs. The functions of the Commission for SCs & STs and of the Commissioner for SCs & STs co-existed till The erstwhile Commissioner for SCs/STs during their office had submitted 30 reports. The setup of the Commission of 1978 underwent change in 1987 and it was named as National Commission for Scheduled Castes and Scheduled Tribes. This Commission being a National Level Advisory body played the role of adviser on major policy and developmental issues relating to SCs/STs. This Commission for SCs & STs had submitted 8 reports during its tenure. The National Commission for SCs & STs came into being consequent upon the 65 th Amendment Bill, 1990 notified on , and rules there under were notified on In the 89 th Amendment of the Constitution it was decided to have a separate National Commission for Scheduled Castes & separate National Commission for Scheduled Tribes. This came into effect on The erstwhile National Commission for SCs & STs was bifurcated into two different Commissions. After bifurcation there are at present 12 State Offices under the jurisdiction of NCSC. These are located at Agartala, Ahmedabad, Bangalore, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata, Lucknow, Patna, Pune & Thiruvananthapuram. 8 97

12 Constitutional Provisions for the SC/ST/OBC and Minorities: 9 Art. 15(4): Clause 4 of article 15 is the fountain head of all provisions regarding compensatory discrimination for SCs/STs. This clause was added in the first amendment to the constitution in 1951 after the SC judgment in the case of Champakam Dorairajan vs State of Madras. It says thus, "Nothing in this article or in article 29(2) shall prevent the state from making any provisions for the advancement of any socially and economically backward classes of citizens or for Scheduled Castes and Scheduled Tribes." This clause started the era of reservations in India. Art. 15 (5) : This clause was added in 93rd amendment in 2005 and allows the state to make special provisions for backward classes or SCs or STs for admissions in private educational institutions, aided or unaided. Art. 16(4): This clause allows the state to reserve vacancies in public service for any backward classes of the state that are not adequately represented in the public services. 98

13 Art. 16 (4A): This allows the state to implement reservation in the matter of promotion for SCs and STs. Art. 16(4B): This allows the state to consider unfilled vacancies reserved for backward classes as a separate class of vacancies not subject to a limit of 50 per cent reservation. Art. 17: This abolishes untouchability and its practice in any form. Although the term untouchability has not been defined in the constitution or in any act but its meaning is to be understood not in a literal sense but in the context of Indian society. Due to the varna system, some people were relegated to do menial jobs such as cleaning toilets. Such people were not to be touched and it was considered a sin to even touch their shadow. They were not even allowed to enter public places such as temples and shops. The constitution strives to remove this abhorring practice by not only making the provision a fundamental right but also allows punishment to whoever practices or abets it in any form. Towards this end, Protection of Civil Rights Act 1955 was enacted. It has implemented several measures to eradicate this evil from the society. It stipulates up to 6 months imprisonment or 500 Rs fine or both. It impresses upon the public servant to investigate fully any complaint in this matter and 99

14 failing to do so will amount to abetting this crime. In the case of State of Kar. vs Appa Balu Ingle, SC upheld the conviction for preventing a lower caste person from filling water from a bore well. Art. 19(5): It allows the state to impose restriction on freedom of movement or of residence in the benefit of Scheduled Tribes. Art. 40: Provides reservation in 1/3 seats in Panchayats to SC/ST. Art. 46: Enjoins the states to promote with care the educational and economic interests of the weaker sections, specially SC and STs. Art. 164: Appoint special minister for tribal welfare in the states of MP, Bihar, and Orrisa. Art. 275: Allows special grant in aids to states for tribal welfare. Art. 330/332: Allows reservation of seats for SC/ST in the parliament as well as in state legislatures. Art. 335: Allows relaxation in qualifying marks for admission in educational institutes or promotions for SCs/STs. 100

15 In the case of State of MP vs Nivedita Jain, SC held that complete relaxation of qualifying marks for SCs/STs in Pre-Medical Examinations for admission to medical colleges is valid. Art. 338/338A/339: Establishes a National Commission of SCs and STs. Art. 339 allow the central govt. to direct states to implement and execute plans for the betterment of SC/STs. Art. 340: Allows the president to appoint a commission to investigate the condition of socially and economically backward classes and table the report in the parliament. Legislative framework: The Constitution provides a three-pronged strategy to improve the situation of SCs and STs: 10 Protective arrangements: Such measures as are required to enforce equality, to provide punitive measures for transgressions, to eliminate established practices that perpetuate inequities, etc. A number of laws were enacted to implement the provisions in the Constitution. Examples of such laws include The Untouchability Practices Act, 1955, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, The Employment of Manual Scavengers and 101

16 Construction of Dry Latrines (Prohibition) Act, 1993, etc. Affirmative action: Provide positive or preferential treatment in allotment of jobs and access to higher education as a means to accelerate the integration of the SCs and STs with mainstream society. Affirmative action is popularly known as reservation. Development: Provide resources and benefits to bridge the socioeconomic gap between the SCs and STs and other communities Reservations - Constitutional Safeguards The main objective for providing reservations for Scheduled Castes & Scheduled Tribes in civil posts and services of the Government is not just to give jobs to some persons belonging to these communities and thereby increase their representation in the services, but to uplift these people socially and educationally and make some place for them in the society. This was the more important objective of reservations which included reservation in Legislatures also. With the same end in view, the Constitution envisaged in the Directive Principles of State Policy and elsewhere, economic development of the weaker sections, particularly the SC and ST. 102

17 Against this Constitutional background, the Central Government has provided for reservation for members of the Scheduled Castes/Scheduled Tribes. Article 16 (4) of the Constitution permits reservation in favour of backward classes of citizens and does not mention anything about Scheduled Castes and Scheduled Tribes specifically. The matter of reservation of SC/ST, to which there is a reference in Article 335, has to be considered with reference to Article 16 (4), which should be read with Article 16 (1) and 16 (2). Article 16 (2) prohibits discrimination against any citizen in respect of any employment or office under the State on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Article 16 is placed under the heading Right to Equality of which Article 14 is the general Article covering the concepts of equality before the law and equal protection of the laws. 11 The Ministry of Tribal Affairs: The Ministry of Tribal Affairs was constituted in 1999 with the objective of providing more focused attention on the integrated socio-economic development of the most underprivileged sections of the Indian society namely, the Scheduled Tribes (STs), in a coordinated and planned manner. The Ministry of Tribal Affairs is the nodal Ministry for the overall policy, planning and coordination of programmes for development of STs. To this end, the Ministry of Tribal Affairs undertakes activities that flow from 103

18 the subjects allocated under the Government of India Rules, These include: Social security and social insurance to the Scheduled Tribes. 2. Tribal Welfare: Tribal welfare planning, project formulation, research, evaluation, statistics and training. 3. Promotion and development of voluntary efforts on tribal welfare 4. Scheduled Tribes, including scholarship to students belonging to such tribes 5. Development of Scheduled Tribes 5(a) All matters including legislation relating to the rights of forest dwelling Scheduled Tribes on forest lands The Ministry of Tribal Affairs shall be the nodal Ministry for overall policy, planning and coordination of programmes of development for the Scheduled Tribes. In regard to sectoral programmes and schemes development of these communities policy planning, monitoring, evaluation etc. as also their coordination will be responsibility of the concerned Central Ministries/Departments, State Governments and Union Territory Administrations. Each Central Ministry/ Department will be the nodal Ministry or.department concerning its sector Scheduled Areas. 13 It needs to be emphasized that the programmes and schemes of the Ministry are intended to support and 104

19 supplement, through financial assistance, the efforts of other Central Ministries, the State Government and voluntary organizations, and to fill critical gaps taking into account the situation of STs. The primary responsibility for promoting the interests of Scheduled Tribes thus rests with all the Central Ministries. The Ministry compliments their efforts by way of various developmental interventions in critical sectors through specially tailored schemes. These, comprising schemes for economic, educational and social development, are administered by the Ministry of Tribal Affairs and implemented through the State Governments/Union Territory Administrations and voluntary organizations. Department of Welfare of SC /ST and Minority: The Department is fully committed to the highest standard of excellence and transparency in providing the benefits to the people belonging to SC's/ST s/obc s/minorities. Numbers of schemes are being implemented by Govt. of NCT of Delhi for socio-economic development of residents of Delhi belonging to SC's /ST s / OBC s / Minorities. Name of the schemes implemented amount of financial assistance given under the schemes and conditions lay down therein which are to be completed by the applicant, name and telephone number of the officers of the department dealing with the various schemes is given in the last. Format of the application form is published in the newspapers along with advertisement of the schemes

20 Scheduled Castes/Tribes Welfare Schemes: Ministry s Schemes: Central Sector Scheme of 'Rajiv Gandhi National Fellowship' for Providing Scholarships to Scheduled Caste Students to pursue Programmes in Higher Education such as M. Phil and Ph. D. Interviews for final Selection of awardees under the Scheme of National Overseas Scholarship for SC etc. Candidates for the Selection Year Centrally-sponsored Pilot Scheme of Pradhan Mantri Adarsh Gram Yojana (PMAGY) State, District and Block wise abstract of villages selected under PMAGY. Babu Jagjivan Ram Chhatrawas Yojana. Post-Matric Scholarship for SC Students. Pre-Matric Scholarships for the Children of those Engaged in Unclean Occupations. Central Sector Scholarship Scheme of Top Class Education for SC Students. Self Employment Scheme for Rehabilitation of Manual Scavengers. National Overseas Scholarships for Scheduled Castes (SC) etc. Candidates for Selection Year Form for the Scheme of National Overseas Scholarship for SC etc. Candidates for the Selection Year

21 Special Educational Development Programme for Scheduled Castes Girls belonging to low Literacy Levels. Up-gradation of Merit of SC Students. Scheme of free Coaching for SC and OBC Students. National Scheduled Castes Finance & Development Corporation (NSFDC). National Safaikaramcharis Finance & Development Corporation (NSKFDC). Assistance to Scheduled Castes Development Corporations (SCDCs) Supporting Project of All India Nature of SCs. National Commission for Safai Karamcharis. The major schemes/programme of the Ministry of Tribal Affairs: The major schemes/programme of the Ministry of Tribal Affairs are- Special Central Assistance & Grants Under Article 275(1) Of The Constitution. Scheme of Development of Primitive Tribal Groups. Tribal Research Institutes. Girls / Boys Hostels for Sts. Ashram Schools in Tribal Sub-Plan Areas. Vocational Training Centers in Tribal Areas. Grants-in-aid to State Tribal Development Cooperative Corporations and others. Village Grain Bank Scheme. 107

22 Social Welfare Department (Backward Class Wing) of Maharashtra: The new Social Welfare Department was constituted from It was formerly on a Directorate level. The Backward Class Welfare work done previously by the Backward Class Department is now done by the Backward Class Wing of the Social Welfare Department. The other Wing of the Social Welfare Department is the Correctional Wing. The designation of the Director of Backward Class Welfare is now changed to Director of Social Welfare who is the head of the Social Welfare Department of the Maharashtra State. He is assisted by a Joint Director of Social Welfare an I. A. S. Officer of senior grade who looks after the Backward Class Welfare work. The post of the Chief Inspector of Certified Schools and Institutions is re-designated as Deputy Director of Social Welfare (Correctional Wing) and this officer assists the Director of Social Welfare in matters relating to the Correctional Wing. A third post of Deputy Director has also been created under the Social Welfare Department to look after the work other than that of Backward Class Welfare and Correctional Wing. These two posts are Class I posts. The Backward Class Wing of the Social Welfare Department aims at ameliorating the conditions of Backward Classes so that they reach the standards of other privileged sections of the society as quickly as possible

23 There are no divisional offices at present. However, there are Regional Officers. The final set-up of the department after the re-organization of States is still (July, 1959) under consideration of Government. At the district level, the department has district officers now termed as Social Welfare Officers who are of the status of second grade mamlatdars. They execute the schemes implemented by the Social Welfare Department and co-ordinate the work of Backward Class Welfare in the district in respect of Backward Class Welfare schemes implemented by the various departments of the State. The Backward Class Department is now re-designated as the Social Welfare Department. Measures for Uplift by Social Welfare Department of Maharashtra: Reservation of posts in State Service: The maximum age limits prescribed for appointment to Class III and IV services and posts under the relevant recruitment rules are relatable by five years in favour of backward class candidates. Economic Rehabilitation: Economic rehabilitation is mainly effected bya. Grant of cultivable waste lands and other facilities for rehabilitating backward classes in agriculture, 109

24 b. Establishing training centers for imparting training in hereditary crafts and providing financial help for their rehabilitation in various cottage industries, c. Imbibing the co-operative spirit in their day-today life by giving them all facilities provided by the State under co-operative activity with special additional concessions and safeguards for Backward Classes. d. Introducing special measures for housing of backward classes, e. Reserving certain percentage of vacancies for backward classes in services under State Government and local bodies and under semi- Government organizations. Social Welfare: The activity under this head is designed to remove the stigma of untouchahility in respect of Scheduled Castes, assimilation of Scheduled Tribes in the general population without destroying then hereditary traits and rehabilitation of ex-criminal tribes and nomadic and semi-nomadic tribes from among the category of other Backward Classes. Legislation as well as propaganda through 110

25 voluntary agencies are used as the means to achieve this object. Social Uplift: Measures have been taken to ensure the social uplift of the Backward Classes, especially Harijans. The Bombay Harijan (Removal of Social Disabilities) Act (X of 1946) and the Bombay Harijan Temple Entry Act (XXXV of 1947) as amended in 1948 have been enacted with a view to bringing about the complete removal of untouchability as far as public and civic rights are concerned. The Bombay Devadasis Protection Act (X of 1934) has declared unlawful the performance of any ceremony having the effect of dedicating girls as devadasis. The devadasis were usually members of the Backward Classes. The Backward Class Department has to see that the policy of Government is fully implemented in day-to-day administration. Mention may be made here of the Untouchability Offences Act, 1955 passed by the Government of India to stop the practice of observance of untouchability. With the liberal assistance of the Central Government under Article 275 (i) of the Constitution of India, amounting to 50% of the expenditure by State Government, various measures are undertaken by the State Government for the uplift of Scheduled Castes, Scheduled Tribes, Vimukta Jatis and other Backward 111

26 Classes under the Second Five-Year Plan. These measures are framed after taking into consideration the needs of these sections of Backward Classes and, with a view to achieving their economic uplift, Settlement and removal of their social disabilities. The Second Five-Year Plan provides for a programme of Backward Class Welfare for which a total outlay of Rs crores has been made. Besides this, Government of India has also sponsored on cent pet-cent basis a special programme amounting to Rs crores for the welfare of Backward Classes in the then Bombay State which includes the opening of seven multipurpose projects in Scheduled Areas of the State, along with other measures for the welfare of Scheduled Castes, Scheduled Tribes and Vimukta Jatis. 16 In the implementation of these Backward Class Welfare measures, advice and co-operation are also sought from the eminent social workers and voluntary organisations through the State Board for Harijan Welfare, the State Tribes Advisory Council and the District Backward Class Sub-Committees of the District Development Board in each district. The following institutions have been established in the district for the welfare of Backward Classes: 112

27 Reservation Policy: In the ancient period of India, the backward castes had been denied all kinds of social and economic endowments. Hence, they had been lagging behind in the process of development. The social and economic deprivation among Scheduled Castes had been most common during pre and post-independence. Therefore, there was a need of number of special safeguard policies. One of that is, Reservation Policy in the Government Recruitment. The objective of the reservation policy is to eradicate the social and economic disparities which existed in the society. 17 Article 15 (4) and 16 (4) of the Indian constitution has made provision of reservation for backward classes in educational institutions and public employment. The reservation policy has to be followed by both, Central and State government. When the first Backward Classes Commission was constituted on 29th January, 1953 under the chairmanship of Kakasaheb Kalelkar, he wanted economic backwardness to be the criterion and not caste in deciding backwardness. But he had to field to the majority of the members who wanted caste to be the criterion, to decide the backwardness. Finally, the government accepted the reservation policy. The social and economic up-liftment of SCs/STs could be made through the reservation policy. Protective discrimination policy like reservation policy must be adopted. The Government of India has been following 113

28 this policy in the recruitment. The reservation policy is being followed in recruitment. 18 The reservation policy for Scheduled Castes is most important, since it is linked with their social and economic identity. Reservation is the right of the SC and STs, however, there have been high rate of disparity in the implementation of reservation policy in India. But in the present context, the Scheduled Castes have achieved a satisfactory level of education all over India. The disparity in the implementation of reservation policy for SCs has resulted into serious economic consequences, which are closely connected to their life. Even after fifty-nine years of Independence, the reservation status of SCs in all Government branches has been unsatisfactory. The reservation policy has been underutilized. An Inspite of Constitutional provision, the reservation policy has been neglected. This must be taken as violation of Constitution. There must be significant representation of SCs in the decision-making posts, which could help further, for the development of SCs, as a whole. Similar kind of trend could be found among Scheduled Tribes (STs). 19 The policy of reservation should be viewed as a part of the total policy for the development. Efforts should be made to observe that it is being implemented sincerely and honestly. However it would be well to remind us that the reservation would not be enough for the development. 114

29 Scheduled Caste Welfare Organizations: Babu Jagjivan Ram National Foundation: A national Foundation viz. Babu Jagjivan Ram National Foundation has been established in the memory of Babu Jagjivan Ram and to propagate his ideology, philosophy of his life and mission and services rendered for the sake of the underprivileged. and the country. The Foundation shall function as an autonomous body under the Ministry of Social Justice & Empowerment. It is registered as a society under the Societies Registration Act, 1860 with a onetime corpus grant of Rs. 50 crore. It will be located in Delhi. The main objectives of the Foundation are as follows: 20 To propagate the ideology and philosophy of life and mission of Babu Jagjivan Ram; To collect, acquire, maintain and preserve the personal papers and other historical material pertaining to Babu Jagjivan Ram; To encourage and promote study and research on his life and work; To publish, sell and distribute books, papers, pamphlets and information in pursuance of the objectives the Foundation; To acquire, preserve and protect places connected with him and raise memorials; 115

30 To propagate his ideals and memory through print and electronic media by promoting artists belonging to dalit community who are not getting ample opportunity to come up; To encourage and promote dalit artists through specially designed development schemes for their social, cultural, educational and economic development; To implement special schemes for removal of untouchability and caste-based prejudices in the society; To undertake and implement various schemes and programmes assigned from time to time by the Central and State Government; To organize birth and death anniversaries and other commemorative events of the life of Babu Jagjivan Ram; To undertake all such activities as are not specially mentioned in the aims and objectives listed above, but which promote these objectives. The entire expenditure would be borne from the XI Plan outlay of this Ministry. This is a plan scheme under the Ministry of Social Justice & Empowerment, which involves a projected expenditure of Rs.54 crore in the 11th Five-Year- Period. The proposed provisions include both recurring and non-recurring expenses. An amount of Rs. 50 crore is proposed by way of one time grant to create a Corpus Fund. 116

31 However, a grant of Rs. 4 crore would also be provided to kick-start the activities and to meet the initial establishment costs. Dr. Ambedkar Foundation: The Centenary Celebration Committee of Baba Saheb Dr. B. R. Ambedkar headed by the then Prime Minister of India decided to set up Dr. Ambedkar Foundation to carry out the programmes and activities for furthering of Dr Ambedkar's ideology and spread his message of social justice to the masses not only in the country but also abroad. Dr. Ambedkar Foundation was established by the Government of India under the aegis of the Ministry of Welfare (now Ministry of Social Justice and Empowerment) on March 24, 1992 as a registered society under the Societies Registration Act, The Foundation has been entrusted with the responsibility of managing administering and carrying on the important and long-term schemes and programmes identified during the Centenary Celebrations of Bharat Ratna Dr B.R. Ambedkar. The main objectives of the Foundation inter alia include implementation of programmes and activities for furthering the ideology and message of Baba Saheb Dr. B. R. Ambedkar among the masses in India as well as abroad. The Foundation has been entrusted with the responsibility of managing, administering and carrying on the important and long term schemes and programmes identified during the Centenary Celebrations of Bharat Ratna Dr. B. R. Ambedkar. The activities and 117

32 programmes currently pursued by the Foundation are as below: 21 Setting up of Dr. Ambedkar National Public Library at Janpath. Dr. Ambedkar National Award for Social Understanding and Upliftment of Weaker Sections. Dr. Ambedkar International Award for Social Change. Dr. Ambedkar Chairs in Universities/Institutions for carrying out research on the thoughts and ideals of Baba Saheb. Publication of the Collected Works of Baba Saheb Dr. B. R. Ambedkar into Hindi and other regional languages Dr. Ambedkar National Merit Award Schemes for meritorious students of Secondary Examination belonging to Scheduled Castes/Scheduled Tribes Organization of seminars, symposia, conferences, workshops, lectures, exhibitions and fairs on the life and mission of Dr. Ambedkar Celebration of Birth Anniversary and Mahaparinirwan Diwas of Dr. Ambedkar on 14 th April and December respectively every year. Publication of Samajik Nyay Sandesh, a monthly Magazine in Hindi Dr. Ambedkar Medical Aid Scheme Dr. Ambedkar Samajik Samta Kendra Yojna Celebration of Birth Anniversaries of Great Saints 6 th 118

33 Dr. Ambedkar National Merit Award Schemes for meritorious students of Senior Secondary Examination belonging to Scheduled Castes. Dr. Ambedkar National Relief to SC victims of Atrocities. National Commission For Scheduled Castes: For providing safeguards for Scheduled Castes special provisions were made to promote the social, educational, economic and service interest of this section of the society. In order to ensure that the safeguards are properly implemented the Constitution on its inception, provided for appointment of a special office under Article 338 of the Constitution to investigate all matters relating to the safeguards provided for Scheduled Castes & Scheduled Tribes and report to the President about the working of these safeguards. In pursuance of this provision a Special Officer known as the Commissioner for Scheduled Castes & Scheduled Tribes was appointed for the first time on 18 th November, By 1965 the Commissioner of Scheduled Castes & Scheduled Tribes has 17 regional offices located in various States, headed by Assistant Commissioners for Scheduled Castes and Scheduled Tribes who were in July 1965, redesignated as Deputy Commissioners. This field organization of the Commissioner was recognized into 5 Zonal offices in June 1967 and placed under the control of 119

34 the newly created Directorate General of Backward Classes Welfare in the department of Social Welfare. Each Zonal office was headed by a Zonal Director. Backward Classes welfare & the erstwhile regional Deputy Commissioner for SC & ST were re-designated as Deputy Directors. Backward Classes welfare and placed under the control of Zonal Directors located at Chandigarh (Northern Zone), Bhopal (Central Zone), Patna (Eastern Zone), Baroda (Western Zone) and Madras (Southern Zone). The Eastern Zone office has two branches at Bhubaneswar and Shillong and later a branch office of the Central Zone was set up at Lucknow. Each of these branches was headed by a Deputy Director. The Western Zone office was shifted to Ahmedabad in It was felt that the office of the Commissioner for Scheduled Castes and Scheduled Tribes was not enough to monitor the safeguards provided to SCs & STs. Hence, due to voice raised by Members of Parliament, a proposal was mooted for amendment of Article 338 of the Constitution (46 th Amendment) by replacing the single member Special Officer by multi-member system. The first Commission for SC & ST came into being on August, With effect from the field offices were transferred to the newly set up Commission for SCs & STs and the Zonal Directors, BCW and the Deputy Directors, BCW were re-christened as Directors for SCs & STs and Deputy Directors for SCs & STs respectively. Later on the Zonal set up was abolished and the Commission once again had 17 field offices. Since the 120

35 field Directors were also working for the Commissioner for SCs & STs, they were re-designated as Director for SCs & STs and Ex-officio Deputy Commissioner for SCs & STs. The setup of the Commission of 1978 underwent change in 1987 and it was named as National Commission for Scheduled Castes and Scheduled Tribes. This Commission being a National Level Advisory body played the role of adviser on major policy and developmental issues relating to SCs/STs. This Commission for SCs & STs had submitted 8 reports during its tenure. The National Commission for SCs & STs came into being consequent upon the 65 th Amendment Bill, 1990 notified on , and rules there under were notified on In the 89 th Amendment of the Constitution it was decided to have a separate National Commission for Scheduled Castes & separate National Commission for Scheduled Tribes. This came into effect on The erstwhile National Commission for SCs & STs was bifurcated into two different Commissions with actual bifurcation date being After bifurcation there are at present 12 State Offices under the jurisdiction of NCSC. These are located at Agartala, Ahmedabad, Bangalore, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata, Lucknow, Patna, Pune & Thiruvananthapuram

36 Functions and Duties of the Commission: 24 The functions, duties and power of the Commission have been laid down in clauses (5), (8) and (9) of the Article 338 of the Constitution. It shall be the duty of the Commission: 1. To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; 2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes; 3. To participate and advise on the planning process of socioeconomic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State; 4. To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; 5. To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socioeconomic development of the Scheduled Castes; and 6. To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the 122

37 provisions of any law made by Parliament, by the rule specify. National Scheduled Castes and Scheduled Tribes Finance and Development Corporation (NSFDC): NSFDC was setup by the Govt. of India in 1989 with the name National Scheduled Caste and Scheduled Tribes Finance and Development Corporation (NSFDC). It was incorporated as a fully owned Government Company under Section 25 (A company not for profit) of the Companies Act, It has been assigned the task for financing, facilitating and mobilizing funds for the economic empowerment of persons living below Double of the Poverty Line (DPL). It provides financial assistance for income generating schemes for the target group through state Channelizing Agencies (SCAs) which are nominated by respective State/UT Government. This is managed by a Board of Directors with representation from Central Government, State Scheduled Castes Development Corporations, Financial Institutions and non-official members representing Scheduled Castes. NSFDC is the apex institution for financing, facilitating and mobilizing funds from other sources and promoting the economic development activities of the persons belonging to the Scheduled Castes living below double the poverty line. 123

38 The National Scheduled Castes and Scheduled Tribes Finance and Development Corporation (NSFDC) continued to function as a catalytic agent for financing, facilitating and mobilizing funds from various sources for promoting economic development activities amongst SCs living below double the poverty line. Financial assistance, at a concessional rate of interest, is extended to the target groups for taking up viable economic activities through the 34 State Channelizing Agencies, which include Scheduled Caste Development Corporations (SCDCs) and other recognized financial institutions. Skill and entrepreneurial training is also imparted to unemployed SC youths through reputed training institutions. A micro-credit scheme has also been taken up since for funding Self-Help Groups (SHGs) by which small loans are provided to the target groups through NGOs. During the Ninth Plan ( ), NSFDC was bifurcated into 2 separate Corporations - one for SCs and the other for STs Viz. National Scheduled Castes Finance and Development Corporation for SCs and National Scheduled Tribes Finance and Development Corporation for STs

39 Table No. 3.01: Major schemes operated by NSFDC through its SCAs: Sr. Scheme & Amount of Loan Interest chargeable from SCA Interest chargeable from beneficiaries 1. Term loan up to Rs.5.00 lakh 3% 6% 2. Term loan above Rs lakh & up to Rs lakh 3. Term loan above Rs lakh and up to Rs lakh 4. Term loan above Rs lakh & up to Rs lakh 5. Micro Credit Finance up to Rs.30,000/- 6. Mahila Samridhi Yojana upto Rs. 30,000/- 7. Mahila Kissan Yojan upto Rs.50,000/- 8. Shilpi Samriddhi Yojana upto Rs.50,000/- 9. Education Loan Scheme up to Rs lakh (India) & Rs lakh (Abroad) 5% 8% 6% 9% 7% 10% 2% 5% 1% 4% 2% 5% 2% 5% 1.5% 4% 10. Skill Training 100% grants with stipend Rs. 1000/- per month Source: 125

40 Table No. 3.02: The performance of NSFDC during the last 5 years is as follows: Year Equity share released (Rs. in crore) Disbursement (Rs. in crore) No. of beneficiaries covered (Nos.) , , , , ,772 During the year , an amount of Rs crores has been released as equity support. NSFDC has disbursed an amount of Rs crore (cumulative) till cover 8.05 lakh beneficiaries. SC/ST Surveys: The Government of India is under constitutional obligation to protect the interests of the Scheduled Castes and Scheduled Tribes communities and to uplift them socially and economically. In order to do so, the working group on Labour Statistics in its interim report in the year 1964 recommended, inter-alia, collection of data on certain aspects of working and living conditions of Labour belonging 126

41 to Scheduled Castes and Schedules Tribes communities to assess the ways and means to be adopted for their welfare and improving their working & living conditions. Planning Commission and National Commission on Labour ( ) while commenting upon the inadequacy of available information in this regard also emphasized the importance and need for such data base. 26 In pursuance of the above recommendations and in consultations with the Planning Commission and the Ministry of Home Affairs, Government of India decided, inprinciple, to conduct such studies and entrusted this work to Labour Bureau under the Ministry of Labour and Employment. In order to associate all prospective users of the data, the Ministry of Labour & Employment constituted an Inter-Departmental Direction Committee 1973, consisting of the representatives of Central Statistical Organization, Planning Commission, Registrar General of India, Indian Council of Social Science Research, and the Director General, Labour Bureau being the Chairman of this committee to guide, examine and approve all technical details of the two studies i.e. Study on Scheduled Castes Labour and Study on Scheduled Tribes Labour Impact of Government Programmes: It is observed that the Government programmes - especially those pertaining to SC and ST welfare are never taken seriously, and there is no effective monitoring system 127

42 to pinpoint the failures of the plan objectives. There are diversion of resources and lack of utility of the schemes. Therefore, the condition of these communities is still remained very miserable. Therefore, remedial measures and effective course corrections should have to be implemented. Most of the SC and ST communities are still striving to fulfill their basic needs of food, clothing and shelter. Besides these, today they require better opportunities to live in dignity and self-respect. Hence, ample opportunities should be made available to them, which would ensure them a secured and dignified life in this 21st century. 27 Though Government has initiated several schemes for uplifting the status of this community, most people had low knowledge about these rights and provisions. Therefore, there is a need to create awareness among the community about Government s welfare schemes so that they can better avail them. Plan Initiatives in Development of SC & ST: 28 The developmental planning launched in 1951 through the First Plan ( ) envisaged that the programmes under various sectors of development would benefit all sections of the population including SCs &STs. But, unfortunately, it never happened so. Therefore, special programmes under the Backward Classes Sector were formulated, keeping in view the special requirements of SCs. 128