Constitutional provisions and Affirmative actions for Scheduled Caste

1. SCHEDULED CASTE
JAYAPRIYA D K
19MSW024

2. CONTENT
• Scheduled caste?
• Constitutional provisions
• Affirmative actions

3. SCHEDULED CASTE ?
• According to Hindu religious scriptures Dalits were at the bottom most rung of the
Varna system (four fold caste system).
• Historically they were engaged in most impure of professions such as sweepers,
scavengers, etc,.
• They have been victims of variety of social injustices.
• After Independence, the Government of India took notice of the abysmal condition
of the Dalits.
• Legislative provisions were provided to Dalits on the influence of Dr. B. R.
Ambedkar.

4. CONSTITUTIONAL PROVISIONS
• The Constitution Order, 1950 lists 1,108 castes across 28 states.
• The Untouchability Offence Act of 1955, renamed as the Protection of Civil
Rights Act (PCR) in 1976 and the Scheduled Castes and Scheduled Tribes
Prevention of Atrocities Act of 1989 are two such legislations formed in order to
achieve the government’s aim of empowerment and upliftment of the
downtrodden.
• Integrated Rural Development Programme was started to identify rural poor
families and help them increase their incomes.
• Reservation of seats in the government bodies.

5. CONSTITUTIONAL PROVISIONS
• Article 14 ensures equality before law or equal protection of laws within the
Indian territory.
• Article 15 is regarding the prohibition of discrimination on the basis of religion,
race, caste, sex or place of birth. Article 15(4) and 15(5) are specifically for the
advancement of the socially and educationally backward SCs and STs.
• Article 16 delineates rights regarding the equality of opportunity in matters of
public employment. Articles 16(4A) and 16(4B) are specific to the SCs and STs.
• Article 17 abolishes untouchability and forbids its practice. Any form of
untouchability still practiced is a punishable offence under law.

6. CONSTITUTIONAL PROVISIONS
• Article 19 ensures the freedom of speech and expression, the right to assemble,
move throughout the Indian territory, for all citizens.
• Article 39(A) ensures equal justice and free legal aid for ensuring justice.
• Article 46 states ‘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’.
• Article 330 reserves seats for the SCs and STs in the House of the People or the
lower house of the parliament and stipulates what proportion of seats will be reserved
for each category. Article 332 does the same at the legislative assembly level.
Articles 334 and 335 also stipulate provisions for SCs and STs.

7. CONSTITUTIONAL PROVISIONS
• Article 338 is the National Commission of Scheduled Castes which has been
created to cater to the specific needs of the Dalits.
• Article 340 appoints a commission to investigate the conditions of the
backward classes, namely the SCs and STs.
• Article 341 gives the president to deem certain classes as SCs on the basis of
certain criteria.
• Parts III, IV, VI, XIV, XVI and XIX of the Constitution of India list numerous special
provisions for SCs and STs.

8. AFFIRMATIVE ACTION
• The reservation of seats for SCs and STs in public employment and educational
bodies, as well as in the lower and upper houses of the parliament.
• The National Scheduled Caste Finance and Development Corporation (NSCFDC)
and the Dr Ambedkar Foundation safeguards the implementation of the benefits.
• Economic Development  private ownership of assets, improving employability,.
• The Integrated Rural Development Programme (IRDP) Training of Rural Youth for
Self Employment (TRYSEM), Development of Women and Children in Rural Areas
(DWCRA).
• Swarnajayanti Gram Swarozgar Yojana (SGSY) is a holistic programme,
encompassing all other employment generating programmes initiated by the
government to push rural poor above the poverty line.

9. AFFIRMATIVE ACTION
• Civic amenities such as drinking water, electricity, sanitation and housing  Indira
Aawas Yojna (IAY).
• The National Commission for SC and ST (NCSCST) aims at improving access to
land through a variety of land reforms.
• The Scavengers Living Conditions Enquiry Committee and the Committee on
Customary Rights to Scavenging are provisions made for the liberation and
rehabilitation of scavengers.
• Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition)
Act of 1993 is a legislative aid for the upliftment of scavengers.

10. AFFIRMATIVE ACTION
• The Ministry of Social Justice and Empowerment and the Planning Commission are dedicated
to design strategies for the upliftment of SC/ST community.
• National Commission for Scheduled Castes (NCSC), National Commission for Safai
Karamcharis (NCSK) and the National Safai Karamcharis Finance and Development
Corporation (NSKFDC) investigates and monitors the provisions of Sc’s.
• The National Scheduled Caste and Scheduled Tribe Finance and Development Corporation
(NCSCSTFDC) provides loans to SCs and also provides them with financial assistance for
income generating activities at discounted rates.
• The Scheduled Caste Development Corporations (SCDCs) in the states act as links between
poor SC entrepreneurs and financial institutions to facilitate easy attainment of funds for their
businesses.
• Public sector banks are another means through which funds are allocated for the development
of SCs and STs.