vj scheduled castes

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VAJIRAM & RAVI Page 1 7.1 Problems of Exploitation and Deprivation of Scheduled Castes Who are the Shudras and when and what brought the condition of degradation to them? The Vedic literature, which mainly includes the Vedas, the Brahmanas, the Aranyakas, and the older Upanishads, do not provide any evidence that the "Shudra Caste" existed in the early period. The Rig Veda only refers to the three Castes of Brahmin, Kshatriya, and Vaishya in the Aryan community. It seems that the "caste of Shudras" was created by the Aryans in the closing phase of the Rig Veda. However, there are scholars like N.K. Dutt who contend that the class of Shudras was known from the time of Rig Veda. The non-mention of the word Shudra does not argue for its non-existence. In the Brahmanas however, we find a repeated reference to Shudras along with Brahmins, Kshatriyas and Vaishyas forming the integral part of the Indo-Aryan society. The texts of the Brahmanas assign to the Shudras (Dasas) the lowest position and mention them as the people outside the fold of the Brahminical sacrificial religion. This is perhaps because they were racially and culturally different from the Aryans and opposed them as far as their religion was concerned. The terms and epithets used by the Aryans for the Dasas were "Anyavrata", "Anasa" and "Mridhravaka". In the matters of social privileges and religious rights, therefore, the Shudras were given a very low status. They could neither perform sacrifices nor yajnas. They were described as "despised, unholy and impure creatures whose touch caused ceremonial impurity". Ghurye has also said that only the first three orders were recognized in the Vedic age as far as religious and ritualistic life was concerned. The Shudra was systematically debarred from following the religious practices of the Aryans. This does not mean that the Shudras were treated as untouchables. This is evident from the fact that even a carpenter's touch also caused impurity in the yajna which needed sprinkling of water to purify it. The carpenters were surely not untouchables. The idea of untouchability of the Shudras perhaps developed in the Sutra period. What underlies untouchability is the notion of pollution, defilement, and contamination. Referring to the notion of purity, Ghurye has said: Before 800 B.C., we find the idea of ceremonial purity almost full-fledged and been operative in relation to not only the despised and degraded group of people called "Chandalas" but also the fourth order of the society, the Shudras. Ambedkar has however maintained that while the impure as a class came into existence at the time of the Dharmasutras, the untouchables came into being much later than 400 A.D. Ambedkar has further said: If anthropology is a science which can be depended upon to determine the race of the people, then the result obtained by the application of anthropometry to the various strata of Hindu society disprove that the untouchables belong to a race different from the Aryans and the Dravidians. The Brahmins and the untouchables belong to the same race. Hutton's opinion is that the origin of the position of the exterior castes is partly racial, partly religious, and partly a matter of social custom. The Hindu literature emphasizes on salvation through devotion to a deity. The idea of Karma and Dharma were convenient ideologies for keeping lower castes under control. It was argued that they might suffer in this life but by observing the dharma they could benefit in their next birth. The onus of responsibility was, therefore, on the individual and not on society. The emphasis on individual salvation gave the individual an importance that was absent in real life and therefore served to keep him passive. But this explanation of karma is not acceptable to lower caste groups who, while supporting the notion of rebirth, do not accept that they were born low because of misdemeanours in the previous birth.

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Page 1: VJ Scheduled Castes

VAJIRAM&RAVI Page1

7.1 Problems of Exploitation and Deprivation of Scheduled Castes

Who are the Shudras and when and what brought the condition of degradation to them? The Vedic literature, which mainly includes the Vedas, the Brahmanas, the Aranyakas, and the older Upanishads, do not provide any evidence that the "Shudra Caste" existed in the early period. The Rig Veda only refers to the three Castes of Brahmin, Kshatriya, and Vaishya in the Aryan community. It seems that the "caste of Shudras" was created by the Aryans in the closing phase of the Rig Veda. However, there are scholars like N.K. Dutt who contend that the class of Shudras was known from the time of Rig Veda. The non-mention of the word Shudra does not argue for its non-existence. In the Brahmanas however, we find a repeated reference to Shudras along with Brahmins, Kshatriyas and Vaishyas forming the integral part of the Indo-Aryan society. The texts of the Brahmanas assign to the Shudras (Dasas) the lowest position and mention them as the people outside the fold of the Brahminical sacrificial religion. This is perhaps because they were racially and culturally different from the Aryans and opposed them as far as their religion was concerned. The terms and epithets used by the Aryans for the Dasas were "Anyavrata", "Anasa" and "Mridhravaka". In the matters of social privileges and religious rights, therefore, the Shudras were given a very low status. They could neither perform sacrifices nor yajnas. They were described as "despised, unholy and impure creatures whose touch caused ceremonial impurity". Ghurye has also said that only the first three orders were recognized in the Vedic age as far as religious and ritualistic life was concerned. The Shudra was systematically debarred from following the religious practices of the Aryans.

This does not mean that the Shudras were treated as untouchables. This is evident from the fact that even a carpenter's touch also caused impurity in the yajna which needed sprinkling of water to purify it. The carpenters were surely not untouchables. The idea of untouchability of the Shudras perhaps developed in the Sutra period. What underlies untouchability is the notion of pollution, defilement, and contamination. Referring to the notion of purity, Ghurye has said: Before 800 B.C., we find the idea of ceremonial purity almost full-fledged and been operative in relation to not only the despised and degraded group of people called "Chandalas" but also the fourth order of the society, the Shudras. Ambedkar has however maintained that while the impure as a class came into existence at the time of the Dharmasutras, the untouchables came into being much later than 400 A.D. Ambedkar has further said: If anthropology is a science which can be depended upon to determine the race of the people, then the result obtained by the application of anthropometry to the various strata of Hindu society disprove that the untouchables belong to a race different from the Aryans and the Dravidians. The Brahmins and the untouchables belong to the same race. Hutton's opinion is that the origin of the position of the exterior castes is partly racial, partly religious, and partly a matter of social custom.

The Hindu literature emphasizes on salvation through devotion to a deity. The idea of Karma and Dharma were convenient ideologies for keeping lower castes under control. It was argued that they might suffer in this life but by observing the dharma they could benefit in their next birth. The onus of responsibility was, therefore, on the individual and not on society. The emphasis on individual salvation gave the individual an importance that was absent in real life and therefore served to keep him passive. But this explanation of karma is not acceptable to lower caste groups who, while supporting the notion of rebirth, do not accept that they were born low because of misdemeanours in the previous birth.

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All this discussion points out to several facts:

1. The Shudras were non-Aryans and the term Shudra was not understood in the sense of varna;

2. Their status - religious, social, and economic - was low since early times, maybe from first century B.C.,

3. In early periods they were not untouchables

4. The problem of the origin of the Shudras remains a mystery and an unsolved riddle in the social history of India

5. The idea of purity - whether occupational or ceremonial - was the very soul of the idea and practice of untouchability since the Brahminic period onwards (Second century A.D.)

The term "Scheduled Caste" was coined by the Simon Commission in 1935 which came to be used for the people described as untouchables. According to Ambedkar, in early India, they were known as "Broken men" or "Out Castes". The British described them as "depressed classes". In 1931 census, they were classified as "exterior castes". Mahatma Gandhi designated these classes as "Harijans" - the children of God. The educated persons among the untouchable castes did not take to this nomenclature kindly as they thought that to single them out as the children of God merely means that attempts were being made to make their conditions tolerable rather than destroy the system that bred inequality. The framers of the Indian Constitution also adopted the term coined by Simon Commission.

The term which is also popular to denote this group of people is depressed class or depressed classes. This term was used by Dr. Ambedkar, and it referred to those classes or categories or people who were poor, exploited and socially and ritually or religiously degraded. They were treated as pariah or socially defiled.

The term which is currently popular and is preferred by the scheduled caste is the term Dalit. in Sanskrit it means “ground” or “suppressed” – The word Dalit is inclusive in the sense that it includes also those groups of people, who are marginalized, subjugated and untouchable.

The Simon Commission prescribed thirteen tests for including a caste in the Scheduled list. Some of these were:

• Whether caste in question pollutes high castes by their touch or proximity

• Whether caste in question is denied entry into temples

• Whether caste in question is denied the use of public places like schools, wells, etc.

• Whether the caste in question can be served by Brahmins as purohits

• Whether caste in question can be served by tailors, barbers, washermen, etc.

• Whether caste in question is one from whose hands a caste Hindu can take water

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• Whether in ordinary social intercourse a well-educated member of the caste in question will be treated as an equal by a high-caste man.

• Whether caste in question is merely "depressed" on account of its own ignorance, illiteracy, or poverty and but for that would be subject to no social disability.

• Whether caste in question is "depressed" on account of the occupation followed and whether but for that question, it would be subject to no social disability.

DEMOGRAPHIC INDICATORS

The total number of SCs in 1935 was estimated as 227 with a population of 50.1 million. In 1981, their population increased to 104.75 million, which is further increased to 106.23 in 1991. The SCs comprised 15.7 % of the country's total population in 1981 but in 1991, this percentage increased to 16.73. According to the 2001 census, the Schedule Caste population constituted around 16.2% of the total population and in 2011 it stands at 16.6%. Around 1100 groups are categorised as SCs. Their number was steadily increasing since independence at an annual rate of 3%.

Untouchables or the Scheduled Castes do not constitute a homogeneous group. They are internally differentiated in terms of occupation, numerical segregated on the criteria of untouchability.

The largest of these castes are the Chamars who form one quarter of the number of Scheduled Caste. Almost half of the total number of Scheduled Caste people live in the five states of Hindi belt in U.P., Bihar, Madhya Pradesh, Rajasthan, and Haryana. In the south they are concentrated mainly in Tamil Nadu and Andhra Pradesh. In the East in West Bengal. The highest ratio of the Scheduled Caste is in Punjab 28.3.

About 84% of the SCs live in the rural areas as agriculture labor, sharecroppers, tenants, and marginal farmers. Almost all persons engaged in jobs like sweeping, scavenging, and tanning belong to the SCs.

About two thirds of the bonded labor is from the SCs. Literacy among the SCs is extremely low. It was 66% in 2011 as against all-India average of 73%. Most of them live below the poverty line and are the victims of social and economic exploitation. In theory untouchability might have been abolished but in practice these people continue to be the subjects of discrimination.

EXPLOITATION AND DEPRIVATION

The term Scheduled Castes signifies those groups of people who were out of the caste system or the varna hierarchy - the out castes. They comprise the bulk of “untouchables” or untouchable castes. These groups or castes have been discriminated against by the superior castes through the ages. And they have never had any kind of social acceptance from most of the people who belong to the upper castes. The Scheduled Caste were deemed untouchable and polluting by the upper caste due to their so-called polluting activities like scavenging, cremation, skinning and hiding, etc.

Restrictions were put on them ever since the time of the Brahmanas, that is, the Later Vedic age. They were not allowed in the hall where a sacrifice was being offered. The vessels used by castes like Khati, Lohar and even Dhobi for cooking meals could be used by others after cleaning them but the vessels used by the Chandalas could not be used by others. Kautilya in the Maurya period regarded them so

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low that he suggested avoiding them. In the Muslim period such restrictions were imposed on the untouchables in places like Poona, Madras, Mysore, etc., that they could not enter the cities after the sunset lest their shadows may pollute the upper caste persons. Even in the second quarter of the 20th century during the British period, their entry in temples was forbidden. There were separate drinking water wells for them in the villages.

Some of the prohibitions against the lower castes were:

¨ That they shall not wear ornaments of gold and silver

¨ That the males shall not be allowed to wear clothes below their knee or above the hips

¨ That they shall not be allowed to have their hair cropped

¨ That they shall not use other than earthen ware vessels in their homes

¨ That their women shall not be allowed to use flowers or saffron paste

¨ That men shall not use umbrellas for protection against the sun and rain, nor shall they wear sandals.

D.N. Majumdar summarized the position of the depressed castes in 1940s by maintaining that these castes are not depressed in all states; the same caste may be depressed in one area but may not suffer from any social and political disability in another. In Madhya Pradesh, the same caste has different social rights and disabilities even in adjacent districts. The disabilities are rigid where the depressed castes are numerically small or on the decline where they are numerically strong. Where the higher castes are not numerous and the depressed castes form the bulk of population, the degree of ceremonial pollution observed is very small, and often we find few disabilities attached to the inferior castes.

Since the Varna dharma and the religious duty demanded that each jati was to follow one’s traditional occupation – like priest’s son becomes a priest and a shoemaker or tanner’s son becoming a shoemaker or a hereditary tanner respectively, It was impossible for the untouchable castes to better their position by changing their occupation. The association of a polluting occupation with caste became so inseparable that it did not matter whether you are still engaged in it anymore or not… you will still be treated as polluting just because of your birth. A man gets a low or a high status more because of his birth than because of his work.

Thus, the untouchables were said to be polluting and marginalized and consigned to the lowest rung in society. Several ideological justifications existed for the sustenance of these hierarchical system, which kept everybody in their place like the Karma philosophy.

The condition of Harijan women merits special attention. They do heavy physical work like their men, and unlike caste Hindu women. Especially degrading is the position of women from families of agricultural workers who have fallen into bondage. They often fall victim to the sexual exploitation of money lenders. Sexual exploitation of the scheduled caste women takes other forms too. The

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traditional institution of devadasis continues in some states although it is banned. The scheduled castes more than the others are forced to use the labour of their children to supplement the family income.

The untouchables had no share in the social, political and judiciary powers and their position was almost like that of a slave. The ideas of purity, whether occupational or ceremonial, is found to have been the factor contributing to the genesis and evolution of caste and the practice of untouchability. This is a point that was also emphasized in the writings of J.J. Hutton and Max Weber. The Vedic literature has referred to the Dharmasutras that declare Chandalas (cremators) as a progeny of the most hated people of the reverse order of mixed unions, that is of a Brahmin female with a Shudra male.

Manu, the earliest law giver, has very explicitly talked about a caste called svapathas, who were grouped with Chandalas and were prescribed to live outside the villages, use of shrouds of corpses as their clothing, broken pot- for meal, iron for ornaments and dogs and donkeys for their wealth. Mritapas were also another type of Shudras. The food vessels of Chandalas and Mritapas could not be used by others because no known method of cleaning pots was regarded as adequate to purify them. Harijans were denied participation in any religious or sacred rituals as they lacked ritual sanctity.

Hinduism does not provide any means to him to become clean by the performance of any ritual. They were assigned to their unclean task and never allowed to come out of it. The main condition of their survival was the strict observance of a code of conduct established for them. The bounds of which they were not permitted to cross. Not only did they not have access to public places, but they were not allowed any physical contact by their breath and glance as well. The use of force occupied a main place in keeping the untouchables in their place. Punishment for any breach of rule was mutilation and even taking away life. Untouchables did not possess the right of holding and usage of land. These landless workers were like slaves and were in debt bondage, who not only toiled on other people’s lands but were forced to carry on unclean occupations. They were secured by the social bondage and by the concept of destiny or karma where they were ordained to be doomed to sub-human living.

Besides, they were subjected to various types of social disabilities. For instance, they were not allowed to enter the house of the higher castes. However, they were allowed to work as labourers during construction or repair, stoning etc. But later the houses so constructed were purified by sprinkling cow urine or cow dung. They were also not allowed to walk on streets or public roads, or enter the temples, or heard in the court of justice. These practices have remained inherent part of the Hindu caste society. Such disabilities of the Scheduled Castes have posed tremendous obstacles for their progress as well as of the society. The segregation based on occupation has slowly narrowed down and instead it is primarily based on birth in the low castes.

Based on their birth in the low castes, untouchables were always pushed into the background and their socio- economic contribution was never recognized in the history. Manu had always proclaimed superiority of the Brahmins which closed the channels of upward social mobility for any other castes and the worst affected groups were the untouchables. Even today the Scheduled Castes lag the upper castes in almost all fields, and they undergo hardships, sufferings, and oppression by the upper castes in many regions.

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The attitude of the people towards the untouchables has not changed even today. For example, some schools admitting the members of SCs segregate them in separate benches in one corner of the same class. In another state, the SCs and the caste Hindu students were living in the same hostel, but they were segregated in different rooms.

It is because of such attitudes that it is said that unless given special attention for a certain period and raised to what may be called the normal level of socio-economic development, they will not be able to take advantage of the general facilities available to the nation. Gandhi was also of the opinion that unless and until we treat the Harijan as our own brother, we cannot treat humanity as one brotherhood. The whole movement for the removal of untouchability is a movement for the establishment of universal brotherhood and nothing less.

Overall, the socio-economic problems faced by the Harijans are more numerous and of greater intensity than those faced by the rest of the population. In the Five-year Plans of the country, it was underlined that the main task of the all-embracing struggle with poverty and the mobilisation of latent energy for creating a more dynamic and egalitarian society will be achieved only on the condition that the scheduled castes and tribes are directly benefited. It is felt that the scheduled castes will not be able to automatically get the share assigned to them in the programs of development because of reasons which are obvious to those who are aware of the Indian social structure and stratification, unless special stress is laid on their all-round development and the means and facilities assigned to them by the Plans are consciously made available to them.

The nature of the participation of the scheduled castes in social life has undergone a change because of the realisation of democratic transformations during the years since the attainment of Indian Independence and because of the special measures taken to improve their condition. From a passive object of socio-economic and political exploitation they are gradually becoming an active subject of political struggle.

CONSTITUIONAL SAFEGUARDS

Dr. B.R. Ambedkar played key role in the fight to give Scheduled Caste a dignity and their rights. He among others championed the cause of Scheduled Caste.

Directive Principles of State Policy

• Article 46 is a comprehensive article comprising both the developmental and regulatory aspects. It reads as follows:

"The State shall 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 shall protect them from social injustice and all forms of exploitation".

Social Safeguards

• Article 17. "Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.To give effect to this Article, Parliament made an enactment viz., Untouchability (Offences) Act, 1955. To make the provisions of this Act more stringent, the

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Act was amended in 1976 and was also renamed as the Protection of Civil Rights Act, 1955. As provided under the Act, Government of India also notified the Rules, viz., the PCR Rules, 1977, to carry out the provisions of this Act. As cases of atrocities on SCs/STs were not covered under the provisions of PCR Act, 1955, Parliament passed another important Act in 1989 for taking measures to prevent the atrocities. This act known as the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, became effective from 30.1.1990. For carrying out the provisions of this Act the Govt. of India have notified the SCs and the STs (Prevention of Atrocities) Rules, 1995 on 31.3.1995.

• Article 23. Prohibits traffic in human beings and beggar and other similar forms of forced labour and provides that any contravention of this provision shall be an offence punishable in accordance with law. It does not specifically mention SCs & STs but since the majority of bonded labour belong to SCs/STs this Article has a special significance for SCs and STs. In pursuance of this article, Parliament has enacted the Bonded Labour System (Abolition) Act, 1976. For effective implementation of this Act, the Ministry of Labour is running a Centrally Sponsored Scheme for identification, liberation and rehabilitation of bonded labour.

• Article 24 provides that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. There are Central and State laws to prevent child labour. This article too is significant for SCs and STs as a substantial portion, if not the majority, of child labour engaged in hazardous employment belong to SCs and STs.

• Article 25(2)(b) provides that Hindu religious institutions of a public character shall be thrown open to all classes and sections of Hindus. This provision is relevant as some sects of Hindus used to claim that only members of the concerned sects had a right to enter their temples. This was only a subterfuge to prevent entry of SC persons in such temples. For the purpose of this provision the term Hindu includes Sikh, Jaina and Budhist.

Educational and Cultural Safeguards:

• Article 15(4) empowers the State to make any special provision for the advancement of any socially and educationally backward classes of citizens or for SC and ST. This provision has enabled the State to reserve seats for SCs and STs in educational institutions including technical, engineering and medical colleges and in Scientific & Specialised Courses. In this as well as in Article 16(4) the term 'backward classes' is used as a generic term and comprises various categories of backward classes, viz., Scheduled Castes, Scheduled Tribes, Other Backward Classes, Denotified Communities (Vimukta Jati) and Nomadic/Seminomadic communities.

Political Safeguards:

• Article 330 provides for reservation of seats for SCs/STs in the Lok Sabha.

• Article 332 provides for reservation of seats for SCs/STs in the State Vidhan Sabhas (Legislative Assemblies).

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• Article 334 originally laid down that the provision relating to the reservation of seats for SCs/STs in the Lok Sabha and the State Vidhan Sabhas (and the representation of the Anglo-Indian community in the Lok Sabha and the State Vidhan Sabhas by nomination) would cease to have effect on the expiration of a period of ten years from the commencement of the Constitution. This article has since been amended five times, extending the said period by ten years on each occasion.

Service Safeguards

• Article 16(4) empowers the State to make "any provision for the reservation in appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State".

• Article 16(4A). Nothing in this Article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State".

• Article 335. "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 320(4) provides that nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision under Article 16(4) & 16(4)A may be made or the manner in which effect may be given to the provisions of Article 335.

• The Constitution does not make any specific provisions for OBCs, but Article 15 of the Constitution empowers the States to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

• Article 16(4) also empowers the State to make provisions for reservations in appointments in favour of any backward class of citizens which in the opinion of the States is not adequately representative in the services under the State.

• As we saw above, the Directive Principles of State Policy of the Constitution (Article 46) state that ‘The State shall promote with special care the educational and economic interests of the weaker sections of the people and, in particular, of the Scheduled Castes and Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.’

• It also empowers the State to appoint a Commission to investigate into the conditions of socially and educationally backward classes (Article 340).

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WELFARE OF SCHEDULED CASTES

The Constitution contains several provisions in the nature of safeguards for the Scheduled Castes, aiming at:

i. Preventing untouchability and

ii. Preventing atrocities against SCs and STs.

Protection of Civil Rights Act, 1955

• In pursuance of Article 17 of the Constitution of India, the Untouchability (Offences) Act, 1955 was enacted.

• Subsequently, it was amended and renamed in 1976 as the Protection of Civil Rights Act, 1955. Rules under this Act, viz., The Protection of Civil Rights Rules, 1977 were notified in 1977.

• The Act extends to the whole of the country and provides punishment for the practice of untouchability.

• It is implemented by the respective state governments and union territory administrations.

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act

• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (The PoA Act) came into force in 1990.

• This legislation aims at preventing commission of offences by persons other than scheduled castes and scheduled tribes against scheduled castes and scheduled tribes.

• Comprehensive Rules under this Act, titled Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 were notified in 1995, which, inter-alia, provide norms for relief and rehabilitation.

• These Rules had not been amended thereafter.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and Amendment, 2015 and 2016

• Despite the deterrent provisions made in the PoA Act, continuing atrocities against the members of Scheduled Castes (SCs) and Scheduled Tribes (STs) had been a cause of concern.

• High incidence of occurrences of offences against members of SCs and STs also indicated that the deterrent effect of the PoA Act was not adequately felt by the accused.

• It was, therefore, considered appropriate to strengthen the Act and make the relevant provisions more effective.

• “Atrocity” denotes the quality of being shockingly cruel and inhumane. The list includes 47 offences of atrocities

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• There have been addition of several new offences and rephrasing of existing ones. The establishment of exclusive special courts for the speedy trial of offences of atrocities against the members of SCs and STs and specification of exclusive special public prosecutor are provided. A new chapter relating to Rights of Victims and Witnesses is inserted. Certain duties and responsibilities are imposed upon the State for making necessary arrangement for protection of victims, their defendants and witnesses.

• Once a person is notified as SC/ST in any state/UT, they are protected under the SCs and STs (Prevention of Atrocities) Act, 1989 throughout the country, irrespective of whether the particular caste or tribe is notified in the state/UT where the offence is committed.

• Section 14 of the Act provides for a Court of Session to be a Special Court to try offences under this Act in each district. Rule 13(i) mandates that the judge in a special court be sensitive with right aptitude and understanding of the problems of the SCs and STs.

• Relief amount for 47 offences of atrocities is provided for and phasing of payment of relief amount rationalised. Relief amount is enhanced between ₹ 85,000/- to ₹ 8,25,000/- depending upon the nature of the offence. The admissible relief is to be paid within seven days. Investigation and filing of charge sheet is to be done within sixty days.

The ‘Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ (MS Act, 2013):

• Eradication of dry latrines and manual scavenging and rehabilitation of manual scavengers in alternative occupation has been an area of high priority for the Government. Towards this end, a multi-pronged strategy was followed, consisting of the following legislative as well as programmatic interventions:

o Enactment of “Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993(1993 Act);”

o Integrated Low Cost Sanitation (ILCS) Scheme for conversion of dry latrines into sanitary latrines in urban areas; and

o Launching of National Scheme for Liberation and Rehabilitation of Scavengers (NSLRS).

o Self Employment Scheme for Rehabilitation of Manual Scavengers.

• Despite the above steps taken by the Government, there continued to be manual scavenging, which became obvious with the release of the Census data in 2011 indicating the presence of more than 26 lakh insanitary latrines in the nation. Therefore, the government decided to enact another law to cover all kinds of insanitary latrines and circumstances that offer manual scavenging opportunity.

• The ‘Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ (MS Act, 2013) was passed by the Parliament in September, 2013 and has come into force from 6th December, 2013. This Act intends to, inter alia, achieve its objectives to:

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o Identify and eliminate the insanitary latrines.

o Prohibit:- i) Employment as Manual Scavengers and ii) Hazardous manual cleaning of sewer and septic tanks

o Identify and rehabilitate the manual scavengers.

WELFARE SCHEMES AND INITIATIVES

National Commission for Scheduled Castes

The National Commission for SCs and STs (NCSC) which was set up under Article 383 of the Constitution in 1990 was bifurcated into two Commissions namely, National Commission for Scheduled Castes and National Commission for Scheduled Tribes after the 89th Constitutional (Amendment) Act, 2003.

The National Commission for Scheduled Castes is responsible for monitoring the safeguards provided for Scheduled Castes and also to review issues concerning their welfare.

Functions of the NCSC as enumerated in the Article 338(5) of the Constitution are–

1. to investigate and monitor all matters relating to the safeguards provided for the scheduled castes under the 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 socio- economic 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 socio-economic 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 provisions of any law made by Parliament, by rule specify.

Mantri Adarsh Gram Yojana (PMAGY):

• The Centrally Sponsored Pilot Scheme ‘Pradhan Mantri Adarsh Gram Yojana’ (PMAGY) is being implemented for integrated development of Scheduled Castes (SC) majority villages having SC

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Population concentration > 50%. Initially the scheme was launched in 1000 villages in 5 States viz. Assam, Bihar, Himachal Pradesh, Rajasthan and Tamil Nadu.

• The Scheme was further revised in January 2015, and extended to 1500 SC majority villages in Punjab, Madhya Pradesh, Andhra Pradesh, Karnataka, Uttar Pradesh, Telangana, Haryana, Chhattisgarh, Jharkhand, Uttarakhand, West Bengal and Odisha.

• The principal objective of the Scheme is integrated development of SC Majority Villages:

o Primarily through convergent implementation of the relevant Central and State Schemes;

o By providing these villages Central Assistance in form of gap-filling funds to the extent of Rs.20.00 lakh per village, to be increased by another 5 lakh if State make a matching contribution.

o By providing gap-filling component to take up activities which do not get covered under the existing Central and State Government Schemes are to be taken up under the component of ‘gap filling’.

Pre-Matric Scholarship [Educational Empowerment]

• This is a centrally sponsored Scheme, which is implemented by the state governments and union territory administrations, which receive 100 per cent central assistance for the total expenditure under the scheme, over and above their respective committed liability.

• The level of committed liability of respective state governments/union territory administrations for a year is equivalent to the level of actual expenditure incurred by them under the Scheme during the terminal year of the last Five Year Plan. It was started in 1977-78.

• Initially, it covered only hostellers. Subsequently, in 1991 day scholars were also brought within its purview.

• Under the Scheme financial assistance is provided for pre- matric education to children of the following target groups

a. scavengers of dry latrines

b. tanners

c. flayers

d. waste pickers.

Pre-Matric Scholarship for SC Students [Educational Empowerment]

• The Scheme was introduced in 2012.

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• The Scheme is centrally sponsored and implemented by the state governments and union territory administrations, which provides 100 per cent assistance from Government of India for expenditure under the Scheme, over and above their committed liability.

• The level of dedicated responsibility of the administration of the state government/union territory for a year shall be equal to the level of actual expenditure incurred by them under the scheme during the final year of the previous cycle of the Five Year Plan and shall be borne by them in the form of provision of their own budget.

National Overseas Scholarship for SCs [Educational Empowerment]

• The Scheme provides for fees charged by institutions as per actual, monthly maintenance allowance, passage visa fee and insurance premium, annual contingency allowance, incidental journey allowance.

• Only two children of the same parents/ guardians are eligible to get benefit under the Scheme. The second child of the same parents/guardian will be considered only if the slots are still available for that year.

• The prospective awardees should not be more than 35 years of age. The total number of awards (maximum) to be given each year is 100 and 30 per cent of the awards have been earmarked for women candidates.

• During 2016- 17 the unfilled slots of 2014-15 and 2015-16 were carried forward to 2016-17. Financial assistance under the Scheme is provided for a maximum period of 4 years for Ph.D and 3 years for Masters programme.

• The income ceiling from all sources of the employed candidate or his/her parents/guardians should not be more than ₹ 50,000/- per month

Babu Jagjivan Ram Chhatrawas Yojana [Educational Empowerment]

• The Scheme's objective is to provide SC boys and girls studying in middle schools, higher secondary schools, colleges and universities with hostel facilities.

• The administrations of the state governments/union territories and the central and state universities/institutions are eligible for central assistance, for

a. The new construction of hostel buildings and

b. For the expansion of existing hostel facilities

• NGOs and private sector universities can benefit only from the expansion of their existing hostel facilities.

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Rajiv Gandhi National Fellowship for SC Students [Educational Empowerment]

• The Scheme provides scheduled caste students with financial assistance for conducting research studies leading to M. Phil, Ph.D, and an equal degree in study from universities, research centres and scientific institutions.

• The Nodal Body for the Operation of the Scheme is the University Grants Commission (UGC).

• Scheduled caste students are awarded around 2000 Junior Research Fellowships (JRF) per year.

o From 1333 fellowships in 2010, the number was increased to 2000 fellowships in the year 2011.

o In the event that an adequate number of scheduled caste candidates is not available, the number of fellowships not allocated during the year will be shifted to the next academic session.

• If the number of candidates exceeds the number of awards eligible, the UGC chooses the candidates on the basis of the percentage of marks obtained during the post-graduation evaluation of the candidates.

• The Scheme does not consider any income limit.

National Scheduled Castes Finance and Development Corporation (NSFDC) [Economic Empowerment]

• Set up under the Ministry, to finance income generating activities of Scheduled Caste beneficiaries living below double the poverty line limits (presently Rs 98,000/- per annum for rural areas and Rs 1,20,000/- per annum for urban areas).

• NSFDC assists the target group by way of refinancing loans, skill training, Entrepreneurship Development Programmes and providing marketing support through State Channelizing Agencies, RRBs, Public Sector Bank and Other Institutions

• The broad objective of NSFDC is

a. To provide financial assistance in the form of concessional loans to scheduled caste families

b. Skill-cum-entrepreneurial training to the youth of the target group

c. Economic development for those living below double the poverty line.

National Safai Karamcharis Finance and Development Corporation (NSKFDC) [Economic Empowerment]

• It is another corporation under the Ministry which provides credit facilities to beneficiaries amongst Safai Karamcharis, manual scavengers and their dependants for income generating activities for socio-economic development through State Channelizing Agencies

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Special Central Assistance (SCA) to Scheduled Castes Sub-Plan (SCSP) [Economic Empowerment]

• It is a policy initiative for development of Scheduled Castes in which 100 % assistance is given as an additive to SCSP of the States/ UTs on the basis of certain criteria such as

a. SC population of the States/UTs

b. relative backwardness of States/UTs

c. percentage of SC families in the States/ UTs covered by composite economic development programmes in the State Plan.

• It is an umbrella strategy to ensure flow of targeted financial and physical benefits from all the general sectors of development for the benefit of Scheduled Castes.

• Under this Scheme, the States /UTs are required to formulate and implement Special Component Plan (SCP) for Scheduled Castes as part of their annual plans by earmarking resources

Stand Up India Scheme [Economic Empowerment]

• Launched on 5 April 2016

• Stand Up India is a fresh initiative for the scheduled castes, scheduled tribes, and women by the Government of India.

• The scheme allocates of financial aid to weaker sections of the country. The Stand Up India scheme supports SC/ST and women's entrepreneurship and employment.

• Objective: of the scheme is to provide SC/ST and women with financial assistance to promote the country's entrepreneurship and opportunities. Financial support to set up and expand businesses for SC/ST and women in need will be given.

• Under the scheme, the amount of loan aid will range from Rs. 10 lakh to 1 crore. The initiative will encourage and allow the under-served to make use of institutional loans in the form of bank loans. RuPay debit cards will be issued to borrowers to withdraw cash/capital for operations.

• The funds allocated under the scheme would help borrowers begin their projects and expand the country's economy overall. Other than financial assistance, the government would also help remove the legal and operational obstacles under the scheme for entrepreneurs.

Scheduled Castes Sub Plan [Economic Empowerment]

• Initiated in 1980.

• Special Central Assistance (SCA) to Scheduled Castes Sub Plan (SCSP) is a central sector Scheme, under which 100 per cent grant is given to the states/UTs, as an additive to their Scheduled Castes Sub Plan (SCSP).

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• The main objective: Boost family oriented schemes of economic development of SCs below the poverty line.

Scheduled Castes Development Corporations [Economic Empowerment]

• Initiated in 1979

• The centrally funded scheme was implemented to engage in the equity share of the Scheduled Castes Development Corporations (SCDCs) at a ratio of 49:51 (central/state).

• At present they are active in 27 states/UTs.

• These corporations' core roles are:

a. Identification and motivation of eligible SC families to join economic development schemes

b. Sponsoring credit support schemes for financial institutions

c. Provision of financial aid in the form of money at low interest rates

d. Subsidies to minimise the repayment liability and to provide the needed access to other schemes for poverty alleviation

e. Through margin money loans and subsidies to the target group, these corporations play an important role in providing loans and inputs.

Venture Capital Fund for Scheduled Castes [Economic Empowerment]

• Initiated in: In 2014, the government announced the development of a Scheduled Castes Venture Capital Fund.

• Objective: This was to encourage entrepreneurship and provide concessional finance among the scheduled castes.

Credit Enhancement Guarantee Scheme for Scheduled Castes [Economic Empowerment]

• Initiated in 2014.

• The government announced that a sum of ₹ 200 crore will be allocated towards credit enhancement facility.

• Target audience: for young and start-up entrepreneurs, belonging to scheduled castes, who aspire to be part of neo- middle class category.

• Objective: to encourage entrepreneurship in the lower strata of the society resulting in job creation.

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MoU with Financial Corporations

MoU was signed with National Backward Classes Finance Development Corporation (NBCFDC) and National Schedule Castes Finance Development Corporation (NSFDC) to implement schemes of Government of India for OBC and SC artisans and weavers in 14 identified clusters with necessary forward linkages for income sustainability and enhancement.

From 1 April, 2017, Schedule Caste artisans and weavers are being provided 75 per cent subsidy on taking up courses from Indira Gandhi National Open University (IGNOU) and National Institute of Open Studies (NIOS), to extend quality education to those belonging to backward communities.