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PRESENTATION

ON

CONSTITUTIONAL SAFEGUARDS

FOR

TRIBESby: Ashish Pandya

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The constitution of India provides its to all citizens,The constitution of India provides its to all citizens,

social, economic and political justice and equality ofsocial, economic and political justice and equality of

status and opportunity.status and opportunity.

Article 46 of the constitution provides in the DirectiveArticle 46 of the constitution provides in the Directive

Principles of state policy that,Principles of state policy that,

the state shall promote with special care thethe state shall promote with special care the

educational and economic interest of the weakereducational and economic interest of the weaker

sections of the people, especially for schedule castes andsections of the people, especially for schedule castes and

tribes.tribes.

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OBJECTIVE BEHIND SAFEGUARD.

To removing their disabilities.

To promoting their varied interest.

Prohibitionofforced labour.Special provisionfor the

administrationand controlof

scheduled areas.

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SOCIAL SAFEGUARD

Article 17 forbidsuntouchability and has

abolished it.Asa result ofit, the protectionof

Civil RightsAct, 1955 and the scheduled

castesand SchedulesTribesAct, 1989 areimportant legislationon the statute book

Article 23 prohibits traffic in human beings

and begaar, and similar other form offorced

labour. In pursuance ofit, the Bonded labour

system Act, 1976 was enacted.Though the Act

general, it prevents exploitationofweaker

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CONTI

Article 24 prohibits child labour

below 14. though factory or mines

Actsare alsogeneralinnature, theyprevent the exploitationofschedules

castesand schedules tribes whose

childrenare engaged hazardous

occupations, being poor.

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EDUCATIONAL AND CULTURAL

SAFEGUARD

Article 15(4) empowers the states to make

special provisionfor the advancement of

any socially backward classesofcitizens

includingSC/ST.Seatsare reserved for St/Sc in medical,

engineeringand professional colleges.

Article 335 providesfor reservationofpost

for Sc/St considering maintenance of

efficiency inadministrationin making

appointments toservicesand post in

connection with affairsofthe unionandthe states.

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CONTI...

Article 350 (A)providesfor adequate

facilitiesfor infrastructionin mother

tongue at the primary stagesofeducation

to children belongs tolinguistic minoritygroups.

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ECOMOMICSAFEGUARD

Article 244 ofthe constitutionofIndia provisions

as to the administrationand controlofscheduled

areasand ST.

Part AofPara 3 provides that the governor ofeach state havingscheduled areas there inshall

annually, make report to the president regarding

the administrationofscheduled areasin the

state and the executive power ofthe unionshall

extend togive ofdirection to the state as to theadministrationofthe said areas.

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POLITICAL SAFEGUARD

Article 332 in part 4 ofthe constitutions

providesfor reservationofseatsfor

SC/ST.

Article 338 makes mentionofSpecialoffice for protectionoftheir interests

knownas:

THE NATIONAL COMMISION FOR

SCHEDULED CASTES AND

SCHEDULED TRIBES.

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CONTI

The functionsofthe commissioninclude

investigation , monitoring ,and

evaluationsofvarioussafeguards

provided by the constitutionand otheracts passed by the unionand the states to

SC/ST.

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SOME OF CENTRALLY SPONSORED

SCHEME

Providingscholarship tostudentsfor

higher education.

Vocational trainingin tribalareas.

Constructionofhostelsfor providing

residentialfacilitiesfor girlsand boys.

Providingscholarshipsand passage

grantsfor higher educationabroad.

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