Development of Weaker Sections: Scheduled Castes, Scheduled Tribes and Other Backward Classes

Development of Weaker Sections: Scheduled Castes, Scheduled Tribes and Other Backward Classes

After independence the Constitution of India, keeping in view the desires and aspirations of the people, values strengthened during national freedom movement and the ideas prevailing in the world, envisaged for State not only a democratic political order but also the goals of Justice, Liberty, Equality and Fraternity. These goals are clearly reflected in the Preamble of the Constitution, in parts on Fundamental Rights and Directive Principles and other specific Articles in the Constitution. All these provisions suggest that India is a welfare state, committed to the welfare and development of its people in general and of vulnerable sections in particular.  The vulnerable sections in India include Scheduled Castes, Scheduled Tribes and Other Backward Classes, Women, Minorities, Disabled and Children. For the welfare of these people mere guaranteeing of right to equality or universal adult franchise were not sufficient. The ideal of political democracy had to be backed by social and economic democracy. Therefore, what was required was a strong constitutional mechanism for protection of interests and rights of vulnerable or weaker section’s of society and at the same time special schemes and programmes for their welfare, development and empowerment.

SCHEDULED CASTES

Scheduled Castes are people belonging to those castes, races which have been or may in future be specified in a list in accordance with Article 341 of the Constitution. In traditional terms these are the people who were considered outcastes, categorised as untouchables. This was a part of the rigid caste system dividing the Indian society into high and low on the basis of birth without any logic or rationale. The people of lower castes considered untouchable were assigned menial jobs and occupations. They were oppressed and exploited by those who belonged to the higher castes. Economically and socially they remained extremely poor and marginalised.

During the course of history there had been emerging voices against the caste system. Religious and social reformers have been raising voices against it and for its abolition. Religious movements like Budhism, Jainism, Sikhism and Bhakti movement in general had rejected the social and ritual justification of this caste system and oppression.  The system, however, has remained. During British colonial period with the arrival of western liberal values and rise of socio-religious reform movements the question of caste discrimination came to the forefront. Within lower caste people themselves there emerged a consiousness and awareness about their plight and demand for change. Dr B.R. Ambedkar and Mahatma Gandhi, in particular, though in different ways, had brought up the issue of caste discrimination in a significant way. British colonial government, for various reasons had began formulating some policies including those of reservations, for these castes. The national movement made the issue of Scheduled Castes upliftment part of its agenda. As such at the time of independence, there was both a demand and commitment for SCs welfare and development. The government, therefore, took up the task of SCs welfare right from the time of enactment of the Constitution.

SCHEDULED TRIBES

Another social category economically, socially and politically marginalised is that of Scheduled Tribes.  Legally like Scheduled Castes, tribes are people belonging to tribes or tribal communities specified in the list of such tribes as per Article 342 of the Constitution. Scheduled Tribes are weaker sections not in terms of caste. They are the people who have been living in remote forest areas and hill tracks as tribes without any access to modern socio-economic inputs. It is difficult to define the tribal peoples of India in terms of any single set of formal criteria. They are popularly believed to constitute the aboriginal element in Indian society. But most tribals share certain common features like, nature of rurality, illiteracy, economic backwardness, and social deprivation. Historically, one of the principal feature of the tribal population has been its ecological, economic and social isolation. For centuries, the tribal people have been confined to hills and forests. This isolation has left definite impression on their social systems. It has also given them, in spite of wide cultural variations, a common destiny in the Indian society.

Like Scheduled Castes, it was during British colonial rule that there emerged a tribal consciousness. Here, the reason was little different. As mentioned above for centuries tribal areas had remained unconnected with the mainland and mainstream. Therefore, they were outside the effective control of state and state laws. They had their own economy, tribal laws and customs. It was during British rule that with the extension of administration all over and laying of railways, roads, etc. that tribal areas came under direct administrative control. Along with administrators, traders, money lenders and entrepreneurs also reached tribal areas. Tribals were deprived of their land and autonomy. In many cases there started tribal revolts. There also emerged among national movement leaders and British administration a concern for protection and welfare of tribal people.

WELFARE OF SCHEDULED CASTES AND SCHEDULED TRIBES

From the above it becomes clear that the Scheduled Castes and Scheduled Tribes have been the most disadvantaged and neglected people in Indian society. As mentioned in the beginning, the situation and needs were acknowledged by the framers of the Constitution themselves. Thus, on the one hand Constitution of India itself prescribed certain protective measures, safeguards and welfare measures for these sections and on the other hand successive Five-Year Plans have also regarded the welfare of SCs and STs as a major objective of development policy. In addition, both the Union and State governments have taken up specific steps and launched various schemes and programmes for their improvement.

Constitutional Provisions

The Constitution prescribes protection and safeguards for Scheduled Castes and Scheduled Tribes as also of other weaker sections either specially or by way of insisting on their general rights as citizens with the objective of promoting their educational and economic interests and removing social disabilities.

Article 17 of the Constitution abolishes untouchability and forbids its practice in any form. The untouchability (offences) Act was passed in 1955. Its scope was enlarged and its penal provisions were made more stringent by amending it in 1976. It was renamed as Protection of Civil Right Act. In 1989, another Act called Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) was passed.

While Article 17 of Fundamental Rights abolishes untouchability, Articles 14, 15 and 16 establish principles of equality and social justice. Article 14 proclaims equality before law and equal protection of law for all. Article 15(1) prohibits discrimination on grounds of race, caste, sex, religion or place of birth. Article 16(1) further provides equality of opportunity to all. These two articles apart from proclaiming every one equal also gives power to the State for making special provisions for SCs and STs.

Apart from the protective discrimination clauses in the Constitution, the Directive Principles of the State Policy may be considered as mechanism for realising the goal of social justice and social transformation in the direction of just society. Articles 38 and 46 specifically aim at securing social justice to the deprived sections of the population. Apart from these Articles, provisions have been made for reservation of seats for SCs and STs in Lok Sabha and State Assemblies and governmental services and educational institutions. There is also a provision for setting up of tribal advisory councils and separate departments in States and appointment of a special officer at the Centre to promote their welfare and safeguard their interests.

National Commission for SCs and STs

In 1990 by 65th  Amendment of the Constitution the special officer’s post under Article 338 has been substituted by the National Commission for Scheduled Castes and Scheduled Tribes.  The SC and ST Commission shall consist of a Chairperson, a Vice-Chairperson and five other members to be appointed by the President. It shall be the duty of the Commission: (i) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under the Constitution or under other laws; (ii) to enquire into specific complaints with respect to the deprivation of rights and safeguards of the SCs and STs; (iii) to participate and advise on the planning process of socio­economic development of the SCs and STs; and to evaluate the progress of their development under the Union and any State; (iv) to present to the President annually, and at such other times as the Commission may fix reports upon the working of these safeguards; (v) 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 SCs and STs; and

(vi) to discharge such other functions in relation to the protection, welfare and development and advancement of the SCs and STs as the President may subject to the provisions of any law made by Parliament, by rule, specify. The Act also provides that the Commission, while investigating and monitoring any matter relating to safeguards provided for SCs and STs, shall have all powers of a civil court trying a suit. It is also provided that the Union and every State government shall consult the Commission on all major policy matters affecting SCs and STs.

Special Schemes and Programmes for SCs and STs

In accordance with these Constitutional provisions and directives the government of India and all States have been formulating and implementing various schemes and programmes for the upliftment of SCs and STs within the process of Planning and outside. These programmes relate to education, skill formation, creating job opportunities and development of the areas in which these people are concentrated.

In the field of education in most of the States, education up to higher level has been made free for SCs and STs. Seats have been reserved for them, generally, in accordance with percentage of population, in various educational institutions. A Book Bank scheme has been launched to provide textbooks required for the students pursuing medical and engineering degrees, agricultural, veterinary and polytechnic courses. A Girls Hostel Scheme was started in Third Five-Year Plan with the purpose of providing residential facilities to tribal girls in pursuit of education. A similar scheme was started for boys in 1989-90. Various schemes of scholarships have also been started including pre-matric, post-matric, and higher education. In addition to these there are other schemes also for helping improve educational levels and standards of SCs and STs.

To help SCs and STs in employment, apart from making reservations in jobs, specific schemes have been started for training and skill formation. One of these is the coaching and allied scheme started in the Fourth Five-Year Plan for imparting training to SCs and STs in respect of various competitive examinations held by recruiting bodies such as Union Public Service Commission, State Public Service Commissions, Public Sector Undertakings, Banking service recruitment boards and similar agencies. There are State Scheduled Castes Development Corporations to uplift the SC/ST population living below poverty line. In 1992-93 vocational training centers were set up in tribal areas to develop the skills of the tribal youth for gaining employment or self employment opportunities. In the Ninth Plan period (1997-2002) a separate plan of action for the development of Primitive Tribal Groups has been formulated. In 1987, the Tribal Cooperative Marketing Development Federation of India was set up with the prime objective of providing marketing assistance and remunerative prices to ST communities for their minor forest produce and surplus agricultural produce and to wean them away from exploitative private traders.

Baba Saheb Dr Ambedkar Foundation

Apart from schemes for education and employment there also has been launched programmes for empowerment of SCs and STs. An important step in this direction was taken in March 1992 with the establishment of Baba Saheb Dr Ambedkar Foundation. The Foundation has been entrusted with the responsibility to manage, administer and carry on the schemes and programmes identified during the centenary celebrations of Dr B.R. Ambedkar. Some of these are Dr Ambedkar National Award for social understanding and uplift of weaker sections; Dr Ambedkar International Award for social change, harmony, equity, justice and human dignity for the exploited and the under privileged; and putting up Memorial for Dr Ambedkar.

Tribal Research Institutes

Some States have set up Tribal Research Institutes, for research, education, collection of data, training, seminars, workshops, professional inputs in the preparation of tribal sub-plan, publication of tribal literature, codification of tribal customary laws, etc. The tribal sub-plan strategy was evolved during the Fifth Five -Year Plan. It is based on the twin objectives of:

(i) protection of interests of tribals through legal and administrative support; and (ii) promotion of development efforts through plan schemes to raise their level of living. There are now 194 integrated tribal development projects.

STATUS OF SCHEDULED CASTES AND SCHEDULED TRIBES

From the above discussion of Constitutional and legal provisions and of some of the plans, programmes and schemes started for the welfare, development and empowerment of Scheduled Castes and Scheduled Tribes, it becomes clear that these people have not only been made equal citizens of India but have also been given special privileges, preferences and concessions to come out of their traditional lower and inhumane position.

At the same time if we look at the overall conditions of the Scheduled Castes and Scheduled Tribes, particularly in rural areas, we find that in spite of constitutional provisions and various plans, the poverty, illiteracy, destitution, oppression and bondage of these sections in large areas remain intact. Untouchability, though banned under the law continues to be widely practiced. India’s bonded labourers are almost exclusively drawn from SCs and STs. Only an elite class amongst SCs has benefited from the government’s policies and welfare measures.

The reasons for this apathetic status of SCs and STs are many. First of all the problem is that provisions and plans for the welfare of the SCs and STs are strong at the constitutional and planning levels, but weak in the implementation. In many reports of the Commissioner for Scheduled Castes and Scheduled Tribes, the Planning Commission and other bodies, it has been pointed out that the staff and administrative machinery provided by the States is not adequate to carry out the policy of welfare, even if necessary funds are voted by the Parliament, hence, the failure in implementation.

Another problem is of inadequate funds and corruption. To begin with, either adequate funds are not allocated for the plans and programmes or allocated funds are not made available. Many a times a significant proportion of funds do not reach the beneficiaries

— a glaring example of the failure of land reforms. This failure has kept SCs in particular deprived of land and dependent on landlords and big farmers. In case of tribal development the bureaucrats, trained in the colonial tradition to maintain law and order unaware of tribal social, cultural and linguistic traditions and values, and unconcerned with their expectations end up as exploiters of tribals rather than their protectors.

The problems of administrative apathy and lack of funds is very much linked with problems in planning itself. The planning in general has been lopsided, piecemeal and middle class or even elite oriented rather than mass oriented. At the political level decisions are taken more keeping in view the immediate concern for votes and note the long-term visions. One result of this is while law has established commissions, and enacted laws for preventing untouchability and other offences against SCs and STs, these provisions lack teeth and an effective machinery for imparting justice. Particularly in case of Scheduled Tribes, planners have not appreciated the tribal culture, language, religion, customs and land rights. They, therefore, formulate plans with their own assumptions and as parts of national plans.

A serious matter that has emerged during last decade or so with regard to status of SCs and STs is upper caste backlash in some areas. Reacting to emerging consciousness among these castes and their struggle for rights in some rural areas upper castes have begun coercing them violently including killing the activists and raping the women. In some cases this violence is being committed by organised groups like Ranveer Sena in Bihar.  In view of the nature and orientation of bureaucracy and police, this blacklash is not crushed with that heavy hand as it is required. Infact, in many cases there is connivance of police and other authorities in such cases of oppression.

Thus, in spite of Article 17 of the Constitution, untouchability offences Act and Protection of Civil Rights Act untouchability is practiced openly in many places not only in villages but also in cities. All this is resulting in alienation of those groups and emergence of Tribal and dalit movements. These movements are using both constitutional and extra-constitutional methods to seek justice thereby posing new issues in India’s political process.

WELFARE OF OTHER BACKWARD CLASSES (OBCS)

In India apart from Scheduled Castes and Scheduled Tribes, there are other weaker sections, who are economically, socially and educationally backward. They are known as Other Backward Classes. Article 340 of the Constitution empowers the government to appoint a Commission to investigate into the conditions of Other Backward Classes and make recommendations.

It is necessary to make it clear that the Constitution uses words “Backward Class”. It means not just any backward person, but a group of people having general characteristics of backwardness. Constitution, however, does not specify which groups constitute backward classes. The Government had appointed two Backward Classes Commissions. These commissions have given the criteria to identify backward classes on the basis of communities or castes.

The first Backward Classes Commission was appointed in 1953 under the Chairmanship of Kaka Saheb Kalelkar.  This Commission used four criteria for identifying the Backward classes: (i) low social position in the traditional caste hierarchy of Hindu society; (ii) lack of general educational advancement among the majority of a caste/community; (iii) inadequate or lack of representation in government services; and (iv) inadequate representation in trade, commerce and industry. The Kalelkar Commission on these basis identified 2,399 castes and communities as Backward Classes. However, there were differences within the Commission. Therefore, government did not accept the recommendations of this Commission.

The second Backward Classes Commission was appointed in 1978 under the Chairmanship of B.P. Mandal and this was known as Mandal Commission. This Commission formulated 11 indicators: four on caste based social backwardness, three on educational backwardness and four on economic backwardness. In the Commission’s opinion backwardness was related to Caste. Accordingly, it identified 3,743 castes as backward on the basis of above mentioned indicators. Since then these castes have come to be known as Other Backward Castes (OBC’s) meaning thereby backward castes other than Scheduled Castes.

The Commission recommended reservation of 27 per cent of jobs for OBCs in central services, public sector undertakings, nationalised banks, universities and affiliated colleges and government aided firms in the private sector. Some quantum of reservations for OBC students was recommended in all scientific, technical and professional institutions of education run by the Central and State Governments. The Commission also made recommendations for economic and occupational development of the OBCs.

In August 1990, Government of India announced the accept­ance of Mandal Commission’s recommendations. Since then 27 per cent reservation has been made in jobs by Central government and various percentages by State governments. In addition, other schemes have also been formulated and launched for the welfare of Backward Classes. Some of these are given below:

National Backward Classes Finance and Development Corporation

This body was set up by the government of India in January 1992 with the objective of providing concessional loans to the members of backward classes living below the poverty line. The corporation has also launched a special scheme for eligible women beneficiaries of backward classes under the name of Swarnima.

Schemes for OBCs

From 1998-99 following schemes have been launched for the welfare of OBCs:

(i) Pre-examination coaching: to coach candidates belonging to OBCs whose parent’s/guardians annual income is less than Rs one lac;

(ii) Hostels for OBC Boys and Girls;

(iii) Pre-matric Scholarships;

(iv) Post-matric Scholarships;

(v) Assistance to voluntary organisations: The scheme involves the voluntary sector to improve educational and socio­economic conditions of the OBCs to get them gainfully employed.

From the above, it becomes clear that apart from Scheduled Castes and Scheduled Tribes the government has also made adequate provisions for the welfare of Other Backward Castes. Some, observers, however feel that a number of castes which are economically well off are getting benefits in the name of OBCs for political reasons, whereas people who are economically backward but technically do not belong to these castes remain neglected. According to these observers Constitution suggests that backwardness is to be identified by class and not by caste or tribe. They, therefore, suggest use of economic criteria for backwardness.

The Supreme Court in its judgement on 16 November, 1992 while accepted the criterion of caste as relevant for reservation felt that within Backward castes those whose economic advancement is so high that it necessarily means social advancement or those who have occupied certain posts of high social status should be excluded from getting the reservation benefits meant for OBCs. Once they are advanced socially which also means economically and educationally they no longer belong to the Backward Classes. However, the judgement also suggested that those who have attained sufficient capacity to compete with others should be taken out of the OBCs. This has been described as rule of exclusion based on “creamy layer” concept. The implication of this judgement is,

(i) Caste though a necessary condition is no longer a sufficient condition;

(ii) Economic test should be applied along with the already existing identification criterion.

From the above discussion, it becomes clear that in accordance with the commitments made during national movement and declarations pronounced in the Preamble of the Constitution of India to secure to all citizens of India Justice, Liberty and Equality. There had been provisions in the Constitution and policies in the planning process and otherwise for the welfare of those sections of society who have been denied justice and equality for thousands of year simply on the basis of birth. This has to be done because socio-economic justice implies rejection of the unjust social structure and status-quo. There are no two opinions about the fact that caste system in India denotes a hierarchical stratification of society based on division and gradation of people by birth. Therefore, it implies social inequality. For the lower caste people their lower position has got reinforced into a low class position by the deepening unemployment and poverty.

It was not sufficient merely to mention in the Constitution that all citizens of India are equal and free. There was need to create conditions and environment by which the exploited people could come out of centuries old oppressive system. For this were adopted various schemes and programmes for the welfare and development of Scheduled Castes, Scheduled Tribes and Other Backward Castes. At present the welfare of SCs and STs is given special attention by both the Central and State governments. Special programmes for their welfare have been undertaken in the successive Five-Year Plans and the size of investment in these special programmes has been increasing from Plan to Plan. A number of persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Castes now are in various levels of government jobs, educational institutions, Parliament, State Assemblies and local-self government bodies. They do have access to social institutions.

At the same time a large number of persons belonging to these categories in different parts of the country continue to suffer discrimination, social exclusion, and oppression. They still live in a pathetic situation of poverty, illiteracy and social marginalisation. Mindset of a large section of persons in India continues to be besieged with beliefs of superiority and inferiority of caste. In rural areas at many places Scheduled Castes have to live outside the village. They continue to be engaged in traditional menial jobs. They suffer oppression and violence in the hands of upper-caste landlords, not allowed to vote in election and own land. Reasons for this are many which include lack of political will, faulty planning, administrative apathy, lack of resources and widespread corruption. At the same time because of introduction of democracy and universal franchise the so-called lower caste and tribal people are becoming aware of their plight and rights. They are asserting for justice and change in the position. This on the one hand is forcing the State to take effective steps for their welfare and on the other hand is causing a backlash from certain upper castes who do not want any change in status quo.

It is important for us to understand that there is no religious, scientific or other rationality behind hierarchy of caste system. The rigidity of caste system is not only against the principles and ideals of justice, equality and freedom but also a big hindrance in the path of nation’s development. We have to come out of our mindsets, appreciate the values and norms of a democratic, welfare state and society and work for a harmonious, equality based just system. In this State alone cannot do much. What is required is both support and pressure from enlightened and educated sections of society.