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87 Chapter No. 03: Constitutional Provisions & Government’s Role. Introduction. General Development of SCs & STs. The Objectives and Strategy for SC / ST Development. Welfare Policy for the Empowerment Of The Scheduled Castes. Constitutional Provisions for safeguards of SCs & STs. Constitutional Provisions for the SC/ST/OBC and minorities. Legislative framework. Reservations -Constitutional Safeguards. The Ministry of Tribal Affairs. Department of Welfare of SC /ST & Minority. Scheduled Castes/Tribes Welfare Schemes. Social Welfare Department (Backward Class Wing) Of Maharashtra. Measures for Uplift by Social Welfare Department Of Maharashtra. Reservation Policy. Scheduled Caste Welfare Organizations.

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Chapter No. 03: Constitutional Provisions & Government’s Role.

Introduction.

General Development of SCs & STs.

The Objectives and Strategy for SC / ST Development.

Welfare Policy for the Empowerment Of The Scheduled Castes.

Constitutional Provisions for safeguards of SCs & STs.

Constitutional Provisions for the SC/ST/OBC and minorities.

Legislative framework.

Reservations -Constitutional Safeguards.

The Ministry of Tribal Affairs.

Department of Welfare of SC /ST & Minority.

Scheduled Castes/Tribes Welfare Schemes.

Social Welfare Department (Backward Class Wing) Of Maharashtra.

Measures for Uplift by Social Welfare Department Of Maharashtra.

Reservation Policy.

Scheduled Caste Welfare Organizations.

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National Commission For Scheduled Castes.

National Scheduled Castes and Scheduled Tribes Finance and Development Corporation (NSFDC).

SC/ST Surveys.

Impact of Government Programmes.

Plan Initiatives in Development of SC & ST.

Special provisions.

Special Training And Rehabilitation Programmes For SCs & STs.

Importance of Awareness among SC / ST Community.

Strategies for Development of SC & ST.

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Introduction: A number of Constitutional provisions exist for

protection and promotion of the interests of the weaker

sections. In conformity with the directive principles of State

Policy, social justice has been an avowed goal of

development. During the six decades of planning, a variety

of programmes were launched with the objective of

improving the socio-economic condition of Scheduled Castes

and Scheduled Tribes. These measures have, no doubt,

yielded results but not commensurate with the efforts or the

needs of the target groups. A specific sector of Backward

Classes was included from the First Plan to cater to the

special needs of Scheduled Castes/Scheduled Tribes/Other

Backward Classes.1 It was visualized that the general

development programmes should be so designed as to take

care of the needs of Backward Classes as well and the

special provisions in the Backward Classes Sector would be

additive, to be used, as far as possible, for meeting the

special developmental needs of these groups. Unfortunately,

this expectation was belied in most cases and the Backward

Classes Sector provisions, instead of supplementing the

general sectors of development, tended to supplant the

general sector provisions. It was, in this context, that the

concept of Tribal Sub-Plan was introduced during the Fifth

Plan and Special Component Plan for Scheduled Castes

during the Sixth Plan to facilitate monitoring of development

programmes for the benefit of Scheduled Castes and

Scheduled Tribes.

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General Development of SCs & STs: 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. 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.2

The Objectives and Strategy for SC / ST Development: The Government has spent a lot of funds on various

schemes of SC /ST development during last six decades.

This massive fund flow has helped in building up

infrastructure facilities like irrigation dams, road network,

electrification, health and education in the tribal areas. All

these have affected the living standards and quality of life of

SC /ST people. The focus of the plan was on improving the

economic status of backward and providing basic

infrastructure facilities in the tribal areas. The strategy also

specifically aimed at improving the living environment of the

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tribal by giving them better social and civic amenities and

facilities. The objectives of the 12th Plan are:3

Reduction in the incidences of poverty and

unemployment and thereby reduction in income

inequalities.

Human resource development of the scheduled tribes

by providing them economic & health services and

development of the confidence among them through

intensive educational efforts.

Development and strengthening of infrastructure base

for further economic exploitation of the resources

(physical and human both) in tribal areas.

Providing physical & financial security against all types

of exploitation.

The strategy to achieve these objectives has a blend of

area based and individual based approach. The efforts will

be to strengthen and develop vibrant socio-economic

infrastructure on the one hand and on the other to provide

better means of livelihood to those who still live on

inadequate economic base Thrust Area. Human resources

development through education and vocational training

receive the importance. Women education will be given

special importance because the literacy level of tribal women

is very low. Facilities like hostels, residential schools and

multipurpose hostels up to college level will be provided

during the 12th plan period.

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Welfare Policy for the Empowerment of the Scheduled Castes:

The welfare policy for the empowerment of the

Scheduled Castes includes various schemes. Many a times,

there are common schemes for both the Scheduled Castes

and the Scheduled Tribes.4

1. For the up-liftment of SC and ST population and to

facilitate them to secure proper place in the society,

various concessions are given to them. The

Government has also evolved methods to protect the

interests of the SCs and STs through procedural,

institutional and other safeguards.

2. A broad strategy was evolved for welfare and

development of SCs and STs by introducing 'Tribal

sub-Plan' for STs and the Special Component Plan for

SCs, from the 5th Five Year Plan.

3. Covering all activities of the Central Government

through its various Ministries such as Health and

Education. The Ministry of Social Justice and

Empowerment runs a number of programs for the

development of SCs and STs.

4. State Governments also have standing committees of

State Assembly on the welfare of these two

communities.

5. The concessions available to them are:

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a. Reservation in service/post in government and public

sector Undertakings to be filled up by direct

recruitment and promotion.

b. Relaxation of maximum age limit for direct recruitment

and posts to be filled by promotion.

c. Concessions in recruitment fees, Examination fees etc.

d. Separate interviews for SC/ST candidates for direct

recruitment.

e. Relaxation of qualification, experience and other

criterion for appointment.

f. Travelling allowance for attending written test

interviews for recruitment.

g. Extension of zone of considerations for promotions to

indeed SC/ST employees.

h. Reservations in general residential accommodations.

Provisions in the Conduct Rules against harassment of

SC/ST employees.

i. Reservations in dealerships of PSU products and

concessions in the conditions related to dealership.

Various welfare schemes are run by the Central

Government itself and also through the State Governments.

They are run by the Ministry of Social Justice and

Empowerment. They provide grants for hostels, book banks,

Ashram schools, grants to voluntary organizations, research

and training, investment in share capital, low literacy

pockets for girls, vocational training centers, scheme of

village gram bank, post-matric scholarships, national

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overseas scholarships, coaching and allied scheme, scheme

for liberation of scavengers etc.5

The Special Component Plan (SCP) was introduced in

India in 1979 with a view to achieving overall development

of SCs and STs and to raise them above the poverty line. It

is an umbrella program implemented by Central and State

governments for addressing the needs of these communities.

Under the Central schemes introduced in 1979-80, the

Special Component Plan is to be extended to supplement

efforts of State/Union territories for ensuring rapid socio-

economic development of SCs. The objective of the SCP is to

give an added thrust to the developmental programs for SCs

with reference to their occupational needs for increasing the

productivity of and income from their limited assets by

taking up family oriented schemes for them. It is used to fill

the critical gaps and provide the Central Government a

leverage in directing flow of funds in area critical to the

developmental needs of the SCs. Government at both the

levels have, according to the exigencies of time, evolved and

adapted several intervention mechanism for the welfare of

the SCs. These measures have been introduced to secure

their social, educational and economic development. To

achieve their social integration and development and

specifically to protect them from exploitation, the protection

of Civil Rights Act, 1955, and Prevention of Atrocities Act

1989 were enacted.6 These are different instruments aiming

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at prevention of exploitation of the person belonging to the

SCs in any form.

Constitutional Provisions for safeguards of SCs & STs: The social and economic position of the Scheduled

Castes had been the concern of the Constitution. For

providing safeguards for Scheduled Castes special

provisions were made to promote the social, educational,

economic and service interest of this section of the society.

In order to ensure that the safeguards are properly

implemented the Constitution on its inception, provided for

appointment of a special office under Article 338 of the

Constitution to investigate all matters relating to the

safeguards provided for Scheduled Castes & Scheduled

Tribes and report to the President about the working of

these safeguards. In pursuance of this provision a Special

Officer known as the Commissioner for Scheduled Castes &

Scheduled Tribes was appointed for the first time on 18th

November, 1950. By 1965 the Commissioner of Scheduled

Castes & Scheduled Tribes has 17 regional offices located in

various States, headed by Assistant Commissioners for

Scheduled Castes and Scheduled Tribes who were in July

1965, re-designated as Deputy Commissioners. This field

organization of the Commissioner was recognized into 5

Zonal offices in June 1967 and placed under the control of

the newly created Directorate General of Backward Classes

Welfare in the department of Social Welfare.7

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Each Zonal office was headed by a Zonal Director.

Backward Classes welfare & the erstwhile regional Deputy

Commissioner for SC & ST were re-designated as Deputy

Directors. Backward Classes welfare and placed under the

control of Zonal Directors located at Chandigarh (Northern

Zone), Bhopal (Central Zone), Patna (Eastern Zone), Baroda

(Western Zone) and Madras (Southern Zone). The Eastern

Zone office has two branches at Bhubaneswar and Shillong

and later a branch office of the Central Zone was set up at

Lucknow. Each of these branches was headed by a Deputy

Director. The Western Zone office was shifted to Ahmedabad

in 1969.

It was felt that the office of the Commissioner for

Scheduled Castes and Scheduled Tribes was not enough to

monitor the safeguards provided to SCs & STs. Hence, due

to voice raised by Members of Parliament, a proposal was

mooted for amendment of Article 338 of the Constitution

(46th Amendment) by replacing the single member Special

Officer by multi-member system. The first Commission for

SC & ST came into being on August, 1978. With effect from

1-12-78 the field offices were transferred to the newly set up

Commission for SCs & STs and the Zonal Directors, BCW

and the Deputy Directors, BCW were re-christened as

Directors for SCs & STs and Deputy Directors for SCs & STs

respectively. Later on the Zonal set up was abolished and

the Commission once again had 17 field offices. Since the

field Directors were also working for the Commissioner for

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SCs & STs, they were re-designated as Director for SCs &

STs and Ex-officio Deputy Commissioner for SCs & STs.

The functions of the Commission for SCs & STs and of

the Commissioner for SCs & STs co-existed till 11.03.1992.

The erstwhile Commissioner for SCs/STs during their office

had submitted 30 reports. The setup of the Commission of

1978 underwent change in 1987 and it was named as

National Commission for Scheduled Castes and Scheduled

Tribes. This Commission being a National Level Advisory

body played the role of adviser on major policy and

developmental issues relating to SCs/STs. This Commission

for SCs & STs had submitted 8 reports during its tenure.

The National Commission for SCs & STs came into

being consequent upon the 65th Amendment Bill, 1990

notified on 8.6.1990, and rules there under were notified on

3.11.1990. In the 89th Amendment of the Constitution it

was decided to have a separate National Commission for

Scheduled Castes & separate National Commission for

Scheduled Tribes. This came into effect on 19.02.2004. The

erstwhile National Commission for SCs & STs was

bifurcated into two different Commissions. After bifurcation

there are at present 12 State Offices under the jurisdiction

of NCSC. These are located at Agartala, Ahmedabad,

Bangalore, Chandigarh, Chennai, Guwahati, Hyderabad,

Kolkata, Lucknow, Patna, Pune & Thiruvananthapuram.8

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Constitutional Provisions for the SC/ST/OBC and Minorities:9

Art. 15(4): Clause 4 of article 15 is the fountain head of

all provisions regarding compensatory discrimination

for SCs/STs. This clause was added in the first

amendment to the constitution in 1951 after the SC

judgment in the case of Champakam Dorairajan vs

State of Madras. It says thus, "Nothing in this article or

in article 29(2) shall prevent the state from making any

provisions for the advancement of any socially and

economically backward classes of citizens or for

Scheduled Castes and Scheduled Tribes." This clause

started the era of reservations in India.

Art. 15 (5) : This clause was added in 93rd amendment

in 2005 and allows the state to make special

provisions for backward classes or SCs or STs for

admissions in private educational institutions, aided or

unaided.

Art. 16(4): This clause allows the state to reserve

vacancies in public service for any backward classes of

the state that are not adequately represented in the

public services.

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Art. 16 (4A): This allows the state to implement

reservation in the matter of promotion for SCs and

STs.

Art. 16(4B): This allows the state to consider unfilled

vacancies reserved for backward classes as a separate

class of vacancies not subject to a limit of 50 per cent

reservation.

Art. 17: This abolishes untouchability and its practice

in any form. Although the term untouchability has not

been defined in the constitution or in any act but its

meaning is to be understood not in a literal sense but

in the context of Indian society. Due to the varna

system, some people were relegated to do menial jobs

such as cleaning toilets. Such people were not to be

touched and it was considered a sin to even touch

their shadow. They were not even allowed to enter

public places such as temples and shops. The

constitution strives to remove this abhorring practice

by not only making the provision a fundamental right

but also allows punishment to whoever practices or

abets it in any form. Towards this end, Protection of

Civil Rights Act 1955 was enacted. It has implemented

several measures to eradicate this evil from the society.

It stipulates up to 6 months imprisonment or 500 Rs

fine or both. It impresses upon the public servant to

investigate fully any complaint in this matter and

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failing to do so will amount to abetting this crime. In

the case of State of Kar. vs Appa Balu Ingle, SC upheld

the conviction for preventing a lower caste person from

filling water from a bore well.

Art. 19(5): It allows the state to impose restriction on

freedom of movement or of residence in the benefit of

Scheduled Tribes.

Art. 40: Provides reservation in 1/3 seats in

Panchayats to SC/ST.

Art. 46: Enjoins the states to promote with care the

educational and economic interests of the weaker

sections, specially SC and STs.

Art. 164: Appoint special minister for tribal welfare in

the states of MP, Bihar, and Orrisa.

Art. 275: Allows special grant in aids to states for tribal

welfare.

Art. 330/332: Allows reservation of seats for SC/ST in

the parliament as well as in state legislatures.

Art. 335: Allows relaxation in qualifying marks for

admission in educational institutes or promotions for

SCs/STs.

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In the case of State of MP vs Nivedita Jain, SC held

that complete relaxation of qualifying marks for

SCs/STs in Pre-Medical Examinations for admission to

medical colleges is valid.

Art. 338/338A/339: Establishes a National

Commission of SCs and STs. Art. 339 allow the central

govt. to direct states to implement and execute plans

for the betterment of SC/STs.

Art. 340: Allows the president to appoint a commission

to investigate the condition of socially and

economically backward classes and table the report in

the parliament.

Legislative framework: The Constitution provides a three-pronged strategy to

improve the situation of SCs and STs:10

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

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Construction of Dry Latrines (Prohibition) Act, 1993,

etc.

Affirmative action: Provide positive or 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

Reservations - Constitutional Safeguards

The main objective for providing reservations for

Scheduled Castes & Scheduled Tribes in civil posts and

services of the Government is not just to give jobs to some

persons belonging to these communities and thereby

increase their representation in the services, but to uplift

these people socially and educationally and make some

place for them in the society. This was the more important

objective of reservations which included reservation in

Legislatures also. With the same end in view, the

Constitution envisaged in the Directive Principles of State

Policy and elsewhere, economic development of the weaker

sections, particularly the SC and ST.

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Against this Constitutional background, the Central

Government has provided for reservation for members of the

Scheduled Castes/Scheduled Tribes. Article 16 (4) of the

Constitution permits reservation in favour of backward

classes of citizens and does not mention anything about

Scheduled Castes and Scheduled Tribes specifically. The

matter of reservation of SC/ST, to which there is a reference

in Article 335, has to be considered with reference to Article

16 (4), which should be read with Article 16 (1) and 16 (2).

Article 16 (2) prohibits discrimination against any citizen in

respect of any employment or office under the State on

grounds only of religion, race, caste, sex, descent, place of

birth, residence or any of them. Article 16 is placed under

the heading ‘Right to Equality’ of which Article 14 is the

general Article covering the concepts of ‘equality before the

law’ and ‘equal protection of the laws’.11 The Ministry of Tribal Affairs:

The Ministry of Tribal Affairs was constituted in 1999

with the objective of providing more focused attention on the

integrated socio-economic development of the most under-

privileged sections of the Indian society namely, the

Scheduled Tribes (STs), in a coordinated and planned

manner. The Ministry of Tribal Affairs is the nodal Ministry

for the overall policy, planning and coordination of

programmes for development of STs. To this end, the

Ministry of Tribal Affairs undertakes activities that flow from

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the subjects allocated under the Government of India Rules,

1961. These include:12

1. Social security and social insurance to the Scheduled

Tribes.

2. Tribal Welfare: Tribal welfare planning, project

formulation, research, evaluation, statistics and

training.

3. Promotion and development of voluntary efforts on

tribal welfare

4. Scheduled Tribes, including scholarship to students

belonging to such tribes

5. Development of Scheduled Tribes 5(a) All matters

including legislation relating to the rights of forest

dwelling Scheduled Tribes on forest lands

The Ministry of Tribal Affairs shall be the nodal

Ministry for overall policy, planning and coordination of

programmes of development for the Scheduled Tribes. In

regard to sectoral programmes and schemes development of

these communities policy planning, monitoring, evaluation

etc. as also their coordination will be responsibility of the

concerned Central Ministries/Departments, State

Governments and Union Territory Administrations. Each

Central Ministry/ Department will be the nodal Ministry or

.Department concerning its sector Scheduled Areas.13

It needs to be emphasized that the programmes and

schemes of the Ministry are intended to support and

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supplement, through financial assistance, the efforts of

other Central Ministries, the State Government and

voluntary organizations, and to fill critical gaps taking into

account the situation of STs. The primary responsibility for

promoting the interests of Scheduled Tribes thus rests with

all the Central Ministries. The Ministry compliments their

efforts by way of various developmental interventions in

critical sectors through specially tailored schemes. These,

comprising schemes for economic, educational and social

development, are administered by the Ministry of Tribal

Affairs and implemented through the State

Governments/Union Territory Administrations and

voluntary organizations.

Department of Welfare of SC /ST and Minority:

The Department is fully committed to the highest

standard of excellence and transparency in providing the

benefits to the people belonging to

SC's/ST’s/OBC’s/Minorities. Numbers of schemes are being

implemented by Govt. of NCT of Delhi for socio-economic

development of residents of Delhi belonging to SC's /ST’s /

OBC’s / Minorities. Name of the schemes implemented

amount of financial assistance given under the schemes and

conditions lay down therein which are to be completed by

the applicant, name and telephone number of the officers of

the department dealing with the various schemes is given in

the last. Format of the application form is published in the

newspapers along with advertisement of the schemes.14

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106

Scheduled Castes/Tribes Welfare Schemes: Ministry’s Schemes:

Central Sector Scheme of 'Rajiv Gandhi National

Fellowship' for Providing Scholarships to Scheduled

Caste Students to pursue Programmes in Higher

Education such as M. Phil and Ph. D.

Interviews for final Selection of awardees under the

Scheme of National Overseas Scholarship for SC etc.

Candidates for the Selection Year 2009-10.

Centrally-sponsored Pilot Scheme of Pradhan Mantri

Adarsh Gram Yojana (PMAGY)

State, District and Block wise abstract of villages

selected under PMAGY.

Babu Jagjivan Ram Chhatrawas Yojana.

Post-Matric Scholarship for SC Students.

Pre-Matric Scholarships for the Children of those

Engaged in Unclean Occupations.

Central Sector Scholarship Scheme of Top Class

Education for SC Students.

Self Employment Scheme for Rehabilitation of Manual

Scavengers.

National Overseas Scholarships for Scheduled Castes

(SC) etc. Candidates for Selection Year 2010-2011.

Form for the Scheme of National Overseas Scholarship

for SC etc. Candidates for the Selection Year 2010-11.

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107

Special Educational Development Programme for

Scheduled Castes Girls belonging to low Literacy

Levels.

Up-gradation of Merit of SC Students.

Scheme of free Coaching for SC and OBC Students.

National Scheduled Castes Finance & Development

Corporation (NSFDC).

National Safaikaramcharis Finance & Development

Corporation (NSKFDC).

Assistance to Scheduled Castes Development

Corporations (SCDCs) Supporting Project of All India

Nature of SCs.

National Commission for Safai Karamcharis. The major schemes/programme of the Ministry of Tribal Affairs:

The major schemes/programme of the Ministry of Tribal Affairs are-

Special Central Assistance & Grants Under Article

275(1) Of The Constitution.

Scheme of Development of Primitive Tribal Groups.

Tribal Research Institutes.

Girls / Boys Hostels for Sts.

Ashram Schools in Tribal Sub-Plan Areas.

Vocational Training Centers in Tribal Areas.

Grants-in-aid to State Tribal Development Cooperative

Corporations and others.

Village Grain Bank Scheme.

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Social Welfare Department (Backward Class Wing) of Maharashtra:

The new Social Welfare Department was constituted

from 1956. It was formerly on a Directorate level. The

Backward Class Welfare work done previously by the

Backward Class Department is now done by the Backward

Class Wing of the Social Welfare Department. The other

Wing of the Social Welfare Department is the Correctional

Wing. The designation of the Director of Backward Class

Welfare is now changed to Director of Social Welfare who is

the head of the Social Welfare Department of the

Maharashtra State. He is assisted by a Joint Director of

Social Welfare—an I. A. S. Officer of senior grade—who

looks after the Backward Class Welfare work. The post of

the Chief Inspector of Certified Schools and Institutions is

re-designated as Deputy Director of Social Welfare

(Correctional Wing) and this officer assists the Director of

Social Welfare in matters relating to the Correctional Wing.

A third post of Deputy Director has also been created under

the Social Welfare Department to look after the work other

than that of Backward Class Welfare and Correctional Wing.

These two posts are Class I posts. The Backward Class

Wing of the Social Welfare Department aims at ameliorating

the conditions of Backward Classes so that they reach the

standards of other privileged sections of the society as

quickly as possible.15

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There are no divisional offices at present. However,

there are Regional Officers. The final set-up of the

department after the re-organization of States is still (July,

1959) under consideration of Government. At the district

level, the department has district officers now termed as

Social Welfare Officers who are of the status of second grade

mamlatdars. They execute the schemes implemented by the

Social Welfare Department and co-ordinate the work of

Backward Class Welfare in the district in respect of

Backward Class Welfare schemes implemented by the

various departments of the State. The Backward Class

Department is now re-designated as the Social Welfare

Department. Measures for Uplift by Social Welfare Department of Maharashtra:

Reservation of posts in State Service: The

maximum age limits prescribed for appointment to

Class III and IV services and posts under the

relevant recruitment rules are relatable by five years

in favour of backward class candidates.

Economic Rehabilitation: Economic rehabilitation

is mainly effected by-

a. Grant of cultivable waste lands and other facilities

for rehabilitating backward classes in agriculture,

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b. Establishing training centers for imparting

training in hereditary crafts and providing

financial help for their rehabilitation in various

cottage industries,

c. Imbibing the co-operative spirit in their day-to-

day life by giving them all facilities provided by the

State under co-operative activity with special

additional concessions and safeguards for

Backward Classes.

d. Introducing special measures for housing of

backward classes,

e. Reserving certain percentage of vacancies for

backward classes in services under State

Government and local bodies and under semi-

Government organizations.

Social Welfare: The activity under this head is

designed to remove the stigma of untouchahility in

respect of Scheduled Castes, assimilation of

Scheduled Tribes in the general population without

destroying then hereditary traits and rehabilitation

of ex-criminal tribes and nomadic and semi-nomadic

tribes from among the category of other Backward

Classes. Legislation as well as propaganda through

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voluntary agencies are used as the means to achieve

this object.

Social Uplift: Measures have been taken to ensure

the social uplift of the Backward Classes, especially

Harijans. The Bombay Harijan (Removal of Social

Disabilities) Act (X of 1946) and the Bombay Harijan

Temple Entry Act (XXXV of 1947) as amended in

1948 have been enacted with a view to bringing

about the complete removal of untouchability as far

as public and civic rights are concerned. The

Bombay Devadasis Protection Act (X of 1934) has

declared unlawful the performance of any ceremony

having the effect of dedicating girls as devadasis.

The devadasis were usually members of the

Backward Classes.

The Backward Class Department has to see that the

policy of Government is fully implemented in day-to-day

administration. Mention may be made here of the

Untouchability Offences Act, 1955 passed by the

Government of India to stop the practice of observance of

untouchability. With the liberal assistance of the Central

Government under Article 275 (i) of the Constitution of

India, amounting to 50% of the expenditure by State

Government, various measures are undertaken by the

State Government for the uplift of Scheduled Castes,

Scheduled Tribes, Vimukta Jatis and other Backward

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Classes under the Second Five-Year Plan. These measures

are framed after taking into consideration the needs of

these sections of Backward Classes and, with a view to

achieving their economic uplift, Settlement and removal of

their social disabilities. The Second Five-Year Plan

provides for a programme of Backward Class Welfare for

which a total outlay of Rs. 4.50 crores has been made.

Besides this, Government of India has also sponsored on

cent pet-cent basis a special programme amounting to Rs.

3.27 crores for the welfare of Backward Classes in the

then Bombay State which includes the opening of seven

multipurpose projects in Scheduled Areas of the State,

along with other measures for the welfare of Scheduled

Castes, Scheduled Tribes and Vimukta Jatis.16

In the implementation of these Backward Class

Welfare measures, advice and co-operation are also

sought from the eminent social workers and voluntary

organisations through the State Board for Harijan

Welfare, the State Tribes Advisory Council and the

District Backward Class Sub-Committees of the District

Development Board in each district. The following

institutions have been established in the district for the

welfare of Backward Classes:—

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Reservation Policy: In the ancient period of India, the backward castes had

been denied all kinds of social and economic endowments.

Hence, they had been lagging behind in the process of

development. The social and economic deprivation among

Scheduled Castes had been most common during pre and

post-Independence. Therefore, there was a need of number

of special safeguard policies. One of that is, ‘Reservation

Policy’ in the Government Recruitment. The objective of the

reservation policy is to eradicate the social and economic

disparities which existed in the society.17

Article 15 (4) and 16 (4) of the Indian constitution has

made provision of reservation for backward classes in

educational institutions and public employment. The

reservation policy has to be followed by both, Central and

State government. “When the first Backward Classes

Commission was constituted on 29th January, 1953 under

the chairmanship of Kakasaheb Kalelkar, he wanted

economic backwardness to be the criterion and not caste in

deciding backwardness. But he had to field to the majority

of the members who wanted caste to be the criterion, to

decide the backwardness”. Finally, the government accepted

the reservation policy. The social and economic up-liftment

of SCs/STs could be made through the reservation policy.

Protective discrimination policy like ‘reservation policy’ must

be adopted. The Government of India has been following

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this policy in the recruitment. The reservation policy is

being followed in recruitment.18

The reservation policy for Scheduled Castes is most

important, since it is linked with their social and economic

identity. Reservation is the right of the SC and STs,

however, there have been high rate of disparity in the

implementation of reservation policy in India. But in the

present context, the Scheduled Castes have achieved a

satisfactory level of education all over India. The disparity in

the implementation of reservation policy for SCs has

resulted into serious economic consequences, which are

closely connected to their life. Even after fifty-nine years of

Independence, the reservation status of SCs in all

Government branches has been unsatisfactory. The

reservation policy has been underutilized. An Inspite of

Constitutional provision, the reservation policy has been

neglected. This must be taken as violation of Constitution.

There must be significant representation of SCs in the

decision-making posts, which could help further, for the

development of SCs, as a whole. Similar kind of trend could

be found among Scheduled Tribes (STs).19 The policy of

reservation should be viewed as a part of the total policy for

the development. Efforts should be made to observe that it

is being implemented sincerely and honestly. However it

would be well to remind us that the reservation would not

be enough for the development.

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Scheduled Caste Welfare Organizations: Babu Jagjivan Ram National Foundation:

A national Foundation viz. ‘Babu Jagjivan Ram

National Foundation’ has been established in the memory of

Babu Jagjivan Ram and to propagate his ideology,

philosophy of his life and mission and services rendered for

the sake of the underprivileged. and the country. The

Foundation shall function as an autonomous body under

the Ministry of Social Justice & Empowerment. It is

registered as a society under the Societies Registration Act,

1860 with a onetime corpus grant of Rs. 50 crore. It will be

located in Delhi. The main objectives of the Foundation are

as follows:20

To propagate the ideology and philosophy of life and

mission of Babu Jagjivan Ram;

To collect, acquire, maintain and preserve the personal

papers and other historical material pertaining to

Babu Jagjivan Ram;

To encourage and promote study and research on his

life and work;

To publish, sell and distribute books, papers,

pamphlets and information in pursuance of the

objectives the Foundation;

To acquire, preserve and protect places connected with

him and raise memorials;

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To propagate his ideals and memory through print and

electronic media by promoting artists belonging to dalit

community who are not getting ample opportunity to

come up;

To encourage and promote dalit artists through

specially designed development schemes for their

social, cultural, educational and economic

development;

To implement special schemes for removal of

untouchability and caste-based prejudices in the

society;

To undertake and implement various schemes and

programmes assigned from time to time by the Central

and State Government;

To organize birth and death anniversaries and other

commemorative events of the life of Babu Jagjivan

Ram;

To undertake all such activities as are not specially

mentioned in the aims and objectives listed above, but

which promote these objectives.

The entire expenditure would be borne from the XI

Plan outlay of this Ministry. This is a plan scheme under the

Ministry of Social Justice & Empowerment, which involves a

projected expenditure of Rs.54 crore in the 11th Five-Year-

Period. The proposed provisions include both recurring and

non-recurring expenses. An amount of Rs. 50 crore is

proposed by way of one time grant to create a Corpus Fund.

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However, a grant of Rs. 4 crore would also be provided to

kick-start the activities and to meet the initial establishment

costs. Dr. Ambedkar Foundation:

The Centenary Celebration Committee of Baba Saheb

Dr. B. R. Ambedkar headed by the then Prime Minister of

India decided to set up Dr. Ambedkar Foundation to carry

out the programmes and activities for furthering of Dr

Ambedkar's ideology and spread his message of social

justice to the masses not only in the country but also

abroad. Dr. Ambedkar Foundation was established by the

Government of India under the aegis of the Ministry of

Welfare (now Ministry of Social Justice and Empowerment)

on March 24, 1992 as a registered society under the

Societies Registration Act, 1860. The Foundation has been

entrusted with the responsibility of managing administering

and carrying on the important and long-term schemes and

programmes identified during the Centenary Celebrations of

Bharat Ratna Dr B.R. Ambedkar. The main objectives of the

Foundation inter alia include implementation of

programmes and activities for furthering the ideology and

message of Baba Saheb Dr. B. R. Ambedkar among the

masses in India as well as abroad. The Foundation has been

entrusted with the responsibility of managing, administering

and carrying on the important and long term schemes and

programmes identified during the Centenary Celebrations of

Bharat Ratna Dr. B. R. Ambedkar. The activities and

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118

programmes currently pursued by the Foundation are as

below:21

Setting up of Dr. Ambedkar National Public Library at

Janpath.

Dr. Ambedkar National Award for Social

Understanding and Upliftment of Weaker Sections.

Dr. Ambedkar International Award for Social Change.

Dr. Ambedkar Chairs in Universities/Institutions for

carrying out research on the thoughts and ideals of

Baba Saheb.

Publication of the Collected Works of Baba Saheb Dr.

B. R. Ambedkar into Hindi and other regional

languages

Dr. Ambedkar National Merit Award Schemes for

meritorious students of Secondary Examination

belonging to Scheduled Castes/Scheduled Tribes

Organization of seminars, symposia, conferences,

workshops, lectures, exhibitions and fairs on the life

and mission of Dr. Ambedkar

Celebration of Birth Anniversary and Mahaparinirwan

Diwas of Dr. Ambedkar on 14th April and 6th

December respectively every year.

Publication of Samajik Nyay Sandesh, a monthly

Magazine in Hindi

Dr. Ambedkar Medical Aid Scheme

Dr. Ambedkar Samajik Samta Kendra Yojna

Celebration of Birth Anniversaries of Great Saints

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Dr. Ambedkar National Merit Award Schemes for

meritorious students of Senior Secondary Examination

belonging to Scheduled Castes.

Dr. Ambedkar National Relief to SC victims of

Atrocities.

National Commission For Scheduled Castes:

For providing safeguards for Scheduled Castes special

provisions were made to promote the social, educational,

economic and service interest of this section of the society.

In order to ensure that the safeguards are properly

implemented the Constitution on its inception, provided for

appointment of a special office under Article 338 of the

Constitution to investigate all matters relating to the

safeguards provided for Scheduled Castes & Scheduled

Tribes and report to the President about the working of

these safeguards. In pursuance of this provision a Special

Officer known as the Commissioner for Scheduled Castes &

Scheduled Tribes was appointed for the first time on 18th

November, 1950.22

By 1965 the Commissioner of Scheduled Castes &

Scheduled Tribes has 17 regional offices located in various

States, headed by Assistant Commissioners for Scheduled

Castes and Scheduled Tribes who were in July 1965, re-

designated as Deputy Commissioners. This field

organization of the Commissioner was recognized into 5

Zonal offices in June 1967 and placed under the control of

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the newly created Directorate General of Backward Classes

Welfare in the department of Social Welfare. Each Zonal

office was headed by a Zonal Director. Backward Classes

welfare & the erstwhile regional Deputy Commissioner for

SC & ST were re-designated as Deputy Directors. Backward

Classes welfare and placed under the control of Zonal

Directors located at Chandigarh (Northern Zone), Bhopal

(Central Zone), Patna (Eastern Zone), Baroda (Western Zone)

and Madras (Southern Zone). The Eastern Zone office has

two branches at Bhubaneswar and Shillong and later a

branch office of the Central Zone was set up at Lucknow.

Each of these branches was headed by a Deputy Director.

The Western Zone office was shifted to Ahmedabad in 1969.

It was felt that the office of the Commissioner for

Scheduled Castes and Scheduled Tribes was not enough to

monitor the safeguards provided to SCs & STs. Hence, due

to voice raised by Members of Parliament, a proposal was

mooted for amendment of Article 338 of the Constitution

(46th Amendment) by replacing the single member Special

Officer by multi-member system. The first Commission for

SC & ST came into being on August, 1978. With effect from

1-12-78 the field offices were transferred to the newly set up

Commission for SCs & STs and the Zonal Directors, BCW

and the Deputy Directors, BCW were re-christened as

Directors for SCs & STs and Deputy Directors for SCs & STs

respectively. Later on the Zonal set up was abolished and

the Commission once again had 17 field offices. Since the

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field Directors were also working for the Commissioner for

SCs & STs, they were re-designated as Director for SCs &

STs and Ex-officio Deputy Commissioner for SCs & STs.

The setup of the Commission of 1978 underwent

change in 1987 and it was named as National Commission

for Scheduled Castes and Scheduled Tribes. This

Commission being a National Level Advisory body played the

role of adviser on major policy and developmental issues

relating to SCs/STs. This Commission for SCs & STs had

submitted 8 reports during its tenure.

The National Commission for SCs & STs came into

being consequent upon the 65th Amendment Bill, 1990

notified on 8.6.1990, and rules there under were notified on

3.11.1990. In the 89th Amendment of the Constitution it

was decided to have a separate National Commission for

Scheduled Castes & separate National Commission for

Scheduled Tribes. This came into effect on 19.02.2004. The

erstwhile National Commission for SCs & STs was

bifurcated into two different Commissions with actual

bifurcation date being 1.12.2004. After bifurcation there are

at present 12 State Offices under the jurisdiction of NCSC.

These are located at Agartala, Ahmedabad, Bangalore,

Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata,

Lucknow, Patna, Pune & Thiruvananthapuram.23

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Functions and Duties of the Commission:24 The functions, duties and power of the Commission

have been laid down in clauses (5), (8) and (9) of the Article

338 of the Constitution. It shall be the duty of the

Commission:

1. To investigate and monitor all matters relating to the

safeguards provided for the Scheduled Castes under this

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

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provisions of any law made by Parliament, by the rule

specify.

National Scheduled Castes and Scheduled Tribes Finance and Development Corporation (NSFDC):

NSFDC was setup by the Govt. of India in 1989 with

the name National Scheduled Caste and Scheduled Tribes

Finance and Development Corporation (NSFDC). It was

incorporated as a fully owned Government Company under

Section 25 (A company not for profit) of the Companies Act,

1956. It has been assigned the task for financing,

facilitating and mobilizing funds for the economic

empowerment of persons living below Double of the Poverty

Line (DPL). It provides financial assistance for income

generating schemes for the target group through state

Channelizing Agencies (SCAs) which are nominated by

respective State/UT Government.

This is managed by a Board of Directors with

representation from Central Government, State Scheduled

Castes Development Corporations, Financial Institutions

and non-official members representing Scheduled Castes.

NSFDC is the apex institution for financing, facilitating and

mobilizing funds from other sources and promoting the

economic development activities of the persons belonging to

the Scheduled Castes living below double the poverty line.

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The National Scheduled Castes and Scheduled Tribes

Finance and Development Corporation (NSFDC) continued

to function as a catalytic agent for financing, facilitating and

mobilizing funds from various sources for promoting

economic development activities amongst SCs living below

double the poverty line. Financial assistance, at a

concessional rate of interest, is extended to the target

groups for taking up viable economic activities through the

34 State Channelizing Agencies, which include Scheduled

Caste Development Corporations (SCDCs) and other

recognized financial institutions. Skill and entrepreneurial

training is also imparted to unemployed SC youths through

reputed training institutions. A micro-credit scheme has

also been taken up since 2000-01 for funding Self-Help

Groups (SHGs) by which small loans are provided to the

target groups through NGOs. During the Ninth Plan (2001-

02), NSFDC was bifurcated into 2 separate Corporations -

one for SCs and the other for STs Viz. National Scheduled

Castes Finance and Development Corporation for SCs and

National Scheduled Tribes Finance and Development

Corporation for STs. 25

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Table No. 3.01: Major schemes operated by NSFDC through its SCAs:

Sr. Scheme & Amount of Loan Interest

chargeable from SCA

Interest chargeable

from beneficiaries

1. Term loan up to Rs.5.00 lakh 3% 6%

2. Term loan above Rs. 5.00 lakh

& up to Rs.10.00 lakh

5% 8%

3. Term loan above Rs.10.00

lakh and up to Rs.20.00 lakh

6% 9%

4. Term loan above Rs.20.00

lakh & up to Rs.30.00 lakh

7% 10%

5. Micro Credit Finance up to

Rs.30,000/-

2% 5%

6. Mahila Samridhi Yojana upto

Rs. 30,000/-

1% 4%

7. Mahila Kissan Yojan upto

Rs.50,000/-

2% 5%

8. Shilpi Samriddhi Yojana upto

Rs.50,000/-

2% 5%

9. Education Loan Scheme up to

Rs.10.00 lakh (India) &

Rs.20.00 lakh (Abroad)

1.5% 4%

10. Skill Training 100% grants with stipend Rs. 1000/-

per month Source: http://socialjustice.nic.in

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Table No. 3.02: The performance of NSFDC during the last 5 years is as follows:

Year Equity share

released (Rs. in crore)

Disbursement (Rs. in crore)

No. of beneficiaries

covered (Nos.)

2007-08 43.00 143.17 44,366

2008-09 45.00 145.33 37,568

2009-10 45.00 151.19 58,983

2010-11 75.00 180.09 47,728

2011-12 85.00 182.77 43,772

During the year 2012-13, an amount of Rs. 50.00

crores has been released as equity support. NSFDC has

disbursed an amount of Rs. 2302.91 crore (cumulative) till

31.03.2012 cover 8.05 lakh beneficiaries.

SC/ST Surveys:

The Government of India is under constitutional

obligation to protect the interests of the Scheduled Castes

and Scheduled Tribes communities and to uplift them

socially and economically. In order to do so, the working

group on Labour Statistics in its interim report in the year

1964 recommended, inter-alia, collection of data on certain

aspects of working and living conditions of Labour belonging

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to Scheduled Castes and Schedules Tribes communities to

assess the ways and means to be adopted for their welfare

and improving their working & living conditions. Planning

Commission and National Commission on Labour (1966-69)

while commenting upon the inadequacy of available

information in this regard also emphasized the importance

and need for such data base.26

In pursuance of the above recommendations and in

consultations with the Planning Commission and the

Ministry of Home Affairs, Government of India decided, in-

principle, to conduct such studies and entrusted this work

to Labour Bureau under the Ministry of Labour and

Employment. In order to associate all prospective users of

the data, the Ministry of Labour & Employment constituted

an Inter-Departmental Direction Committee 1973,

consisting of the representatives of Central Statistical

Organization, Planning Commission, Registrar General of

India, Indian Council of Social Science Research, and the

Director General, Labour Bureau being the Chairman of this

committee to guide, examine and approve all technical

details of the two studies i.e. Study on Scheduled Castes

Labour and Study on Scheduled Tribes Labour

Impact of Government Programmes: It is observed that the Government programmes -

especially those pertaining to SC and ST welfare are never

taken seriously, and there is no effective monitoring system

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to pinpoint the failures of the plan objectives. There are

diversion of resources and lack of utility of the schemes.

Therefore, the condition of these communities is still

remained very miserable. Therefore, remedial measures and

effective course corrections should have to be implemented.

Most of the SC and ST communities are still striving to fulfill

their basic needs of food, clothing and shelter. Besides

these, today they require better opportunities to live in

dignity and self-respect. Hence, ample opportunities should

be made available to them, which would ensure them a

secured and dignified life in this 21st century.27 Though

Government has initiated several schemes for uplifting the

status of this community, most people had low knowledge

about these rights and provisions. Therefore, there is a need

to create awareness among the community about

Government’s welfare schemes so that they can better avail

them. Plan Initiatives in Development of SC & ST:28

The developmental planning launched in 1951 through

the First Plan (1951-56) envisaged that the

programmes under various sectors of development

would benefit all sections of the population including

SCs &STs. But, unfortunately, it never happened so.

Therefore, special programmes under the Backward

Classes Sector were formulated, keeping in view the

special requirements of SCs.

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The Second Plan (1956-61) promised to ensure that

the benefits of economic development accrue more and

more to the relatively less privileged classes of society

in order to reduce inequalities.

The Third Plan (1961-66) advocated greater ‘equality

of opportunity’ and a reduction in disparities in income

and wealth and the even distribution of economic

power.

The Fourth and Fifth Plans (1969-78) envisaged the

‘basic goal as rapid increase in the standard of living of

the people through measures which also promote

equality and social justice’.

One of the important features of the subsequent

Annual Plan (1979-80) was the launching of the

special mechanism of Special Component Plan (SCP)

for SCs to ensure that these groups receive their due

share of funds/benefits from the other developmental

sectors.

The Sixth Plan (1980-85) marked a shift in the

approach to the development of SCs. Special emphasis

was laid on the implementation of the newly launched

SCP for SCs facilitating easy convergence and pooling

of resources from all the other developmental sectors

in proportion to the population of SCs and monitoring

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of various developmental programmes for the benefit of

SCs.

In the Seventh Plan (1985-90), SCP for SCs was

strengthened, while the other schemes for the welfare

and development of SCs continued. There was a

substantial increase in the flow of funds for the

development of SCs under SCP from State Plans,

Central Plans, Special Central Assistance (SCA) and

Institutional Finance resulting in the expansion of

infrastructural facilities and enlargement of their

coverage. Priority in the Seventh Plan was given to the

educational development of SCs. Another important

achievement of this Plan was the setting up of a

National Scheduled Castes and Scheduled Tribes

Finance and Development Corporation (NSFDC) in

1989 to extend loans-cum-subsidies and thus

encourage these Groups to become gainfully engaged

in various income-generation activities.

The major objective of the Eighth Plan (1992-97) was

to intensify the efforts and to bridge the gap between

the development of SCs, OBCs and Minorities and

other sections of the society, so that by the turn of the

century these disadvantaged sections of the population

could be brought on par with the rest of the society. It

was envisaged that all forms of oppression of SCs,

suppression of their rights, untouchability, non-

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payment of minimum wages etc., would be eliminated,

so as to enable them to avail of the benefits of all

developmental efforts. Although the efforts have paid

dividends with regard to improvement of socio-

economic status of these groups, the benefits were,

however, not evenly distributed among all

communities. As such, a lot remains to be done to

achieve the goal of bringing these groups on par with

the rest of the society. For the economic development

of SCs & STs, the three National level Apex bodies were

set up to act as catalytic agents in developing schemes

for employment generation and financing pilot projects

viz. The National Backward Classes Finance and

Development Corporation (1992); The National

Minorities Development and Finance Corporation and

National Safai Karamchari Finance and Development

Corporation.

The Ninth Plan (1997-2002) was committed to

empower the Socially Disadvantaged Groups as agents

of socio-economic change and development through -

creating an enabling environment conducive for SCs &

STs to exercise their rights freely, enjoy their privileges

and be able to lead a life with confidence and dignity

on par with the rest of the society; ensuring removal of

disparities; eliminating exploitation and suppression

and providing protection to the disadvantaged groups;

ensuring developmental benefits to ‘reach the un-

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reached’ through equitable distribution and social

justice; ensuring participation of these Groups in the

process of planning not merely as beneficiaries but

also as participants in planning programmes and their

implementation; accelerating the on-going process of

improving socio-economic status through the effective

implementation of various policies and programmes to

bring them on par with the rest of the society; and

ensuring a certain percentage of funds/benefits from

all the relevant programmes to flow to women

belonging to these groups who are the most affected.

As most of the Ministries/Departments implement

programmes common for both SCs and Scheduled

Tribes (STs), including earmarking of a percentage of

funds/ benefits under SCP for SCs and Tribal Sub-

Plan (TSP) for STs. The approach adopted towards

empowering these Groups in the Ninth Plan was

holistic in nature, to accomplish their all round

development through (i) Social Empowerment; (ii)

Economic Empowerment; and (iii) Social Justice with

an inter-sectoral focus and inputs from both

governmental and non-governmental agencies. The

same is sought to be achieved through the efforts put

in by various welfare-related Ministries/ Departments

and the nodal Ministry of Social Justice &

Empowerment which is responsible for the

development of SCs, OBCs and Minorities.

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Special provisions: After independence, the Government of India has taken

number of steps to strengthen the educational base of the

persons belonging to the Scheduled Castes and Scheduled

Tribes. Pursuant to the National Policy on Education-1986

and the Programme of Action (POA)-1992, the following

special provisions for SCs and STs have been incorporated

in the existing schemes of the Departments of Elementary

Education and Literacy and Secondary and Higher

Education:29 a. relaxed norms for opening of primary/middle schools; a

primary school within one km walking distance from

habitations of population up to 200 instead of

habitations of up to 300 population.

b. Abolition of tuition fee in all States in Government

Schools at least up to the upper primary level. In fact,

most of the states have abolished tuition fees for SC/ST

students up to the senior secondary level.

c. Incentives like free textbooks, uniforms, stationery,

schools bags, etc., for these students.

d. The Constitutional (86th Amendment) Bill, notified on

13 December 2002, provides for free and compulsory

elementary education as a Fundamental Right, for all

children in the age group of 6-14 years.

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e. Sarva Shiksha Abhiyan (SSA) : SSA is a historic stride

towards achieving the long cherished goal of

Universalisation of Elementary Education (UEE)

through a time bound integrated approach, in

partnership with States. SSA, which promises to change

the face of elementary education sector of the country,

aims to provide useful and quality elementary education

to all children in the 6-14 age group by 2010.

The main features of the programme are - Focus on

girls, especially belonging to SC/ST communities and

minority groups, Back to school campus for out of school

girls, Free textbooks for girls, Special coaching remedial

classes for girls and a congenial learning environment,

Teachers’ sensitisation programmes to promote equitable

learning opportunities, Special focus for innovative projects

related to girls education, Recruitment of 50 per cent female

teachers.

Special Training and Rehabilitation Programmes for SCs & STs:

In the field of Labour and Employment, the Ministry of

Labour is implementing special training and rehabilitation

programmes for SCs and STs to equip them with necessary

training in up-gradation of skills and thus improve their

employment opportunities. The scheme of ‘Coaching–cum-

Guidance Centre for SCs / was implemented through 22

centers in various States/UTs to provide occupational

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information as well as individual guidance and to conduct

confidence-building programmes for the benefit of the

SC/ST job seekers. To facilitate the recruitment of SC/ST

candidates against reserved vacancies in various Central

Government Ministries/ Departments, the Directorate-

General of Employment and Training (DGET) has launched

another scheme, viz. `Special Coaching Scheme’ for SC/ST

job-seekers registered with the employment exchanges to

enable them to appear in Competitive

Examinations/Selection Tests conducted for recruitment in

Group C and equivalent posts.30 Importance of Awareness among SC / ST Community:

After Independent, in framing of Indian constitution

through initiatives of Dr. Bimrao Ambedkar gave special

provision for SC/ST communities and the Presidential Order

of SC/ST was listed in 1950. Many of the young SC/ST

generations, when they enjoy the presidential reservation

facilities for underprivileged section of Indian societies, do

not realize how and whose struggles, these privileges are

provided. The presidential reservation facilities preserved in

Indian Constitution is most precious gift given to Indian

oppressed class community. This most precious gift to

protect and preserve the underprivileged communities of

India has been under attack again and again by high caste

minority ruler of the country. This bring awareness among

the SC/ST communities, particularly to those who have

benefited SC/ST status facility yet failed to realize the

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importance of joint effort to safe guard of the constitutional

right of the provision for Dalit communities.

Many SC/ST communities take the SC/ST Status

beneficiaries for granted that it naturally came itself to be

included in Indian Constitution. It is included in Indian

Constitution not without somebody struggling for that. Dr.

Bim Rao Ambedkar was one of many who struggle for

SC/ST communities in India and many others after him.

Special provision of employment in Central and state

sectors, educational provisions by seat reservation and

monetary helps, SC/ST land protections, Atrocity

prevention Acts and remedies to the victimized SC/ST

communities such as legal punishments, compensations

etc. are protected to these community well. SC/ST status

beneficiaries must be guarded even after mushrooming of

private sector. It is high call from SC communities to ST

communities to stand united especially constitutional denial

of SC status facilities when they are converted to other

faiths and religions.31

Awareness creation, income generation, education and

health facilities programs were implemented to address the

problems of the backward communities. However, the gap

between so-called higher and lower castes has not

narrowed. There have hardly been any changes in the

society or in the living standard of the poor. Consequently,

the people of backward and tribal communities have felt

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discriminated against and could not believe that the

government was doing anything for their welfare and

development. The main reasons for this are – lack of

integrated programs, weak implementation and

sustainability, failure mainstream backward and tribal

communities and repressed people into the national

development process, centre-oriented / based programs

rather than community based / participatory programs,

little attention to human resource development and lack of

encouragement to the development and modernization of

traditional occupations and skills, lack of effective

institutional mechanisms, etc.32 Strategies for Development of SC & ST:

The State Government, in its pursuit to bring about

socio-economic development of the SC & ST communities,

have launched special programmes, which include legal aid,

rehabilitation of victims, housing facilities, establishment of

special employment exchanges, reservation in employment,

establishment of residential schools and hostels etc. Some

of the strategies, already adopted/ proposed by the State

Government in this direction are as under:33

Education, being the most effective and critical

instrument of empowering the groups, has been given

priority.

Efforts are being made to achieve universalisation in

access and retention at the level of elementary

education for the members of the SC &ST.

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Steps are being taken to provide hostel facilities,

scholarships and other facilities to achieve substantial

increase in enrolment and retention.

Special attention is also being paid to the

implementation of employment and income generating

programmes.

Prevention of exploitation of tribal in respect of

alienation of land, money lending, debt bondage, trade,

collection and sale of minor forest produce etc. has

also received due attention of Government.

A watchdog role has been given to Gram Panchayats

under the amended money lending regulation to enable

the community to protect the individual from

exploitation by money-lenders.

In all individual benefit oriented programmes like

SGSY, adequate training to beneficiaries is ensured

through close monitoring.

In all income-generating activities, community/cluster

approach is adopted to cover beneficiaries in group

mode rather than single beneficiary to harness strong

community feeling inherent in tribal society.

Panchayati Raj Institutions are the primary vehicles for

implementing development programmes for the SC &

STs to ensure them social justice.

Women Self Help Groups are vigorously promoted for

ensuring both social justice and empowerment.

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Wherever necessary, missing infrastructure support for

sustainable economic activities undertaken by Tribal

beneficiaries has been provided through SGRY.

Connectivity is being given high priority in respect of

remote Tribal areas by development of rural roads and

by construction of minor bridges.

Particular attention is being given for the development

of Particularly Vulnerable Tribal Groups, so that their

mainstreaming is ensured.

References: 1. http://planningcommission.nic.in

2. Banerjee, Biswajit and J. B. Knight, “Caste

Discrimination in the Indian Urban Labour Market -

Journal of Development Economics 17 (1985):277–307.

3. Mishra, Narayan (2011) - Schedule Castes Education:

Issues and Aspects, Kalpaz Publications, New Delhi.

4. Rani Midatala (2009), Problems of Tribal Education In

India: Issues and Prospects, Kanishka Publishers, New

Delhi.

5. Saggar, Mridul and Indranil Pan (1994) - SCs and STs

in Eastern India: Inequality and Poverty Estimates -

Economic and Political Weekly.

6. Kamble N.D. (1982) ‘The Scheduled Castes’, Ashish

Publishing House, New Delhi. p.30

7. Dirish, Agrawal and Colin Gonsalves – (2005) - Dalit

and Law, Human Law Network, Delhi.

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140

8. National Commission for Scheduled Castes Government

Of India - Http://Www.ncsc.nic.in

9. Meenakshi (2012) - Vulnerable Groups in India - Status,

Schemes, Constitution of India -

http://www.legalservicesindia.com

10. Scheduled Castes and Scheduled Tribes -

http://en.wikipedia.org

11. http://www.aiims.edu

12. http://tribal.nic.in

13. Banerjee, Biswajit and Knight J.B. (1985) - Caste

Discrimination in Indian Urban Labour Market, Journal

of Developing Economics.

14. http://www.delhi.gov.in

15. http://cultural.maharashtra.gov.in

16. http://cultural.maharashtra.gov.in

17. Deshpande Ashwini (2000) - Recasting Economic

Inequality - Review of Social Economy.

18. Praveen Jadhav (2008) - Relative Disparity In The

Implementation Of Reservation Policy In India (With

Respect To Scheduled Castes) – edited by Jagan Karade

- Development of Scheduled Castes and Scheduled

Tribes in India - Cambridge Scholars Publishing, 15

Angerton Gardens, Newcastle, NE5 2JA, UK.

19. Kakade, S.R . (1990) - Scheduled Castes and National

Integration - Radiant publishers,New Delhi.

20. Corbridge, Staurat (2000) - Competing Inequalities: The

Scheduled Tribes and The Reservation Systems in

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141

India’s Jharkhand, The Journal of Asian Studies,

Volume 59, Number 1

21. http://www.ambedkarfoundation.nic.in

22. http://ncsc.nic.in

23. http://ncsc.nic.in

24. http://ncsc.nic.in

25. Disadvantaged Groups -

http://planningcommission.nic.in

26. Report On Socio-Economic Conditions Of Scheduled

Tribes Workers In KBK Belt – Orissa (2008-09) -

Government of India Ministry of Labour & Employment

Labour Bureau Chandigarh

27. Jagan Karade (2008) - Development of Scheduled

Castes and Scheduled Tribes in India - Cambridge

Scholars Publishing, Newcastle, NE5 2JA, UK.

28. Socially Disadvantaged Groups -

http://planningcommission.nic.in

29. Education for Scheduled Castes and Scheduled Tribes,

India - http://www.publishyourarticles.net

30. Disadvantaged Groups -

http://planningcommission.nic.in

31. Madhu Chandra (2010) - Who Benefits SC/SC Status

Facilities on Whose Struggle? - http://thesop.org

32. Sinha Archana (2006) – Economic Empowerment and

Amelioration of Tribals in India – Kurukshetra, A

Journal of Rural Development, Vol. 54, No. 9.

33. Kirpal, V. and M. Gupta (1999) - Equality Through

Reservations, Rawat Publications, Jaipur.