Scheduled Castes and Scheduled Tribes

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The Scheduled Castes (SCs)1 and Scheduled Tribes (STs) are two groups of historically-disadvantaged people recognised in the Constitution of India. During the period of British rule in the Indian subcontinent, they were known as the Depressed Classes.

The Scheduled Castes and Scheduled Tribes comprise about 16.6 percent and 8.6 percent, respectively, of India's population (or about 25.2 percent altogether, according to the 2011 census).2 The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 25 states in its First Schedule,3 and the Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 states in its First Schedule.4

Since independence, the Scheduled Castes, Scheduled Tribes and Other Backward Classes (the three categories combined constitute about 60 percent of India's population) were given reservation in India. The reservation policy became an integral part of the Constitution through the efforts of Bhimrao Ambedkar, who participated in the Round Table Conferences and fought for the rights of the oppressed and depressed classes. The Constitution lays down the general principles of affirmative action for SCs and STs.

Contents

History

Since the 1850s these communities were loosely referred to as Depressed Classes, or Adivasis ("original inhabitants"). The early 20th century saw a flurry of activity in the Raj assessing the feasibility of responsible self-government for India. The Morley-Minto Reforms Report, Montagu–Chelmsford Reforms Report and the Simon Commission were several initiatives in this context. A highly-contested issue in the proposed reforms was the reservation of seats for representation of the Depressed Classes in provincial and central legislatures.

In 1935 the British passed the Government of India Act 1935, designed to give Indian provinces greater self-rule and set up a national federal structure. The reservation of seats for the Depressed Classes was incorporated into the act, which came into force in 1937.5 The Act introduced the term "Scheduled Castes", defining the group as "such castes, races or tribes or parts of groups within castes, races or tribes, which appear to His Majesty in Council to correspond to the classes of persons formerly known as the 'Depressed Classes', as His Majesty in Council may prefer".6 This discretionary definition was clarified in The Government of India (Scheduled Castes) Order, 1936, which contained a list (or Schedule) of castes throughout the British-administered provinces.

After independence the Constituent Assembly continued the prevailing definition of Scheduled Castes and Tribes, giving (via articles 341 and 342) the president of India and governors of the states a mandate to compile a full listing of castes and tribes (with the power to edit it later, as required). The complete list of castes and tribes was made via two orders: The Constitution (Scheduled Castes) Order, 19507 and The Constitution (Scheduled Tribes) Order, 1958,8 respectively.

Legislative framework

The Constitution provides a three-pronged strategy9 to improve the situation of SCs and STs:

  • 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 Construction of Dry Latrines (Prohibition) Act, 1993, etc.
  • Affirmative action: Provide positive (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.

National commissions

To effectively implement the various safeguards built into the Constitution and other legislation, the Constitution under Articles 338 and 338A provides for two statutory commissions: the National Commission for Scheduled Castes,10 and the National Commission for Scheduled Tribes.11 The chairpersons of both commissions sit ex officio on the National Human Rights Commission.

Constitutional history

In the original Constitution, Article 338 provided for a special officer (the Commissioner for SCs and STs) responsible for monitoring the implementation of constitutional and legislative safeguards for SCs and STs and reporting to the president. Seventeen regional offices of the Commissioner were established throughout the country.

There was an initiative to replace the Commissioner with a committee in the 48th Amendment to the Constitution, changing Article 338. While the amendment was being debated, the Ministry of Welfare established the first committee for SCs and STs (with the functions of the Commissioner) in August 1978. These functions were modified in September 1987 to include advising the government on broad policy issues and the development levels of SCs and STs.

In 1990, Article 338 was amended for the National Commission for SCs and STs with the Constitution (Sixty fifth Amendment) Bill, 1990.12 The first commission under the 65th Amendment was constituted in March 1992, replacing the Commissioner for Scheduled Castes and Scheduled Tribes and the commission established by the Ministry of Welfare's Resolution of 1989. In 2003, the Constitution was again amended to divide the National Commission for Scheduled Castes and Scheduled Tribes into two commissions: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.

Distribution

According to the 61st Round Survey of the National Sample Survey Organisation (NSSO), almost nine-tenths of Indian Buddhists belonged to scheduled castes, while one-third of Christians belonged to scheduled tribes. While a large proportion of scheduled castes were Hindus, they belonged to castes and tribes with low populations. The 2006 Sachar Committee report also confirmed that members of scheduled castes and tribes were not exclusively Hindu.

The following table indicates the percentage of each religion's adherents belonging to a scheduled caste or tribe (note the distribution of religions):

Religion Scheduled Caste Scheduled Tribe
Buddhism 89.50% 7.40%
Christianity 9.00% 32.80%
Sikhism 17.0% 0.90%
Hinduism 22.20% 9.10%
Gond 100%
Jainism 2.60%
Islam 0.80% 0.50%

Scheduled Castes Sub-Plan

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.13 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 16.66 crores (16.23 percent of the total population), the allocations made through SCSP have been lower than the proportional population.

Notable members

See also

Notes

  1. ^ "Scheduled Caste Welfare - List of Scheduled Castes". Ministry of Social Justice and Empowerment. Retrieved 16 August 2012. 
  2. ^ Census of India - India at a Glance : Scheduled Castes & Scheduled Tribes Population
  3. ^ Text of the Constitution (Scheduled Castes) Order, 1950, as amended
  4. ^ Text of the Constitution (Scheduled Tribes) Order, 1950, as amended
  5. ^ "The Government of India Act of 1935". 
  6. ^ "Scheduled Communities: A social Development profile of SC/ST's (Bihar, Jharkhand & W.B)". 
  7. ^ THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1958]1
  8. ^ 1THE CONSTITUTION (SCHEDULED TRIBES)
  9. ^ [1]dead link
  10. ^ "National Commission for Schedule Castes". 
  11. ^ "THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003". 
  12. ^ "Constitution of India as of 29 July 2008". The Constitution Of India. Ministry of Law & Justice. Retrieved 13 April 2011. 
  13. ^ [2]dead link

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