Legal rights of SC’s and ST's

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The position of schedule caste and schedule tribe is usually a matter mark for the society .Being a developing country we are saying that we are giving an equal status to them as compared with other castes but in point of fact, it's not like this. In modern time they're also facing problems but we are able to say that the extent of suffering is a smaller amount as compared to previous times. For improving their conditions, the government are taking various steps like specific laws are being made for them, commissions were made just for their betterment and by means of reservation also, the govt. is trying to boost their condition.

Specifically, Our Constitution guarantees justice and equality of opportunity to any or all its citizens. It also recognizes that civil right implies a contest between equals, and not ‘un-equals’. Recognizing the inequality in our social organisation, the manufacturers of the Constitution argued that weaker sections should be restrained on a preferential footing by the state. A special responsibility was, thus, placed upon the state to produce protection to the weaker sections of society.

Accordingly, the Constitution provided for protective discrimination under various articles to accelerate the method of building an egalitarian social order within the research paper I just explained the condition of schedule caste and schedule tribe and what are provisions available to them under the constitution of India. These provisions are similar to an assistance for them to boost their condition. When all the sections of individuals developed then only our country will become a developed country.

Introduction:

The Dalits are Caste traditional India’s principal category of social ordering and control is that the most exhaustive and of noxious of all known exclusionary systems. The Hindu social order, particularly its main pillars, the class structure, and untouchability presents a singular case. As a system of social, economic and spiritual governance, it's founded not on the principle of the freedom (or freedom), equality and fraternity, the values which formed the premise of universal human rights, but on the principle of inequality in every sphere of life. The social order relies on three interrelated elements, namely, predetermination of social, religious and economic rights of every caste supported birth; the unequal and hierarchical (graded) division of those rights among castes; and provision of strong social, religious and economic ostracism supported by social and spiritual ideology to take care of the order[1]. Among the Backward Castes, ScheduledCastes are socially, economically, politically, religiously, and culturally oppressed.In the past, many Scheduled Castes embraced Christianity during British rule out India, these converts got free food, clothes, and education by the missionaries. Many of them got good educations and jobs[2].Some made an effort, within the 19th century, to disassociate themselves from the normal callings of the community. They began to imitate the dress and rituals of the Upper Castes[3]in order to avoid ill-treatment, Scheduled Castes have often preferred to vary their religion.

With the legacy of Dr. B R Ambedkar, the Indian constitution bound to all citizens the elemental rights and equal protection before the law. It provides a variety of safeguards to Scheduled Castes to confirm their all-round development and protection against every kind of the discriminations in India. But most of the provisions of the constitution have remained only on paper because their implementation has been faulty, half-hearted and inadequate and inequality, discrimination, exclusion, and stigmatization can jointly contribute to the utter marginalization in India. They account for two percent of TN’s population, and also the Socio-economic and Caste Census has now found that Dalits households in rural state touch 25.55 percent. However, Dalits within the state still have a receiving end; and there seems to be no in atrocities against them. “Historically, the political discourse in Madras revolved around the Brahmins versus non-Brahmins question. Now, it's become Dalits versus non-Dalits.

Indian Law:

Beyond these provisions within the Constitution of India some special provisions are made for the Scheduled Castes. Article 17 has abolished to the practice of untouchability. Article 330 and332 gave provided for the reservation of seats to appointments, Article 338 has made provision for the special officer to analyze all matters referring to the safeguards for the Scheduled Castes and Article 46 relates to special care about the tutorial and economic interest of the Scheduled Castes.

National Commission for Scheduled Castes and Scheduled Tribes: Article 338 of the constitution requires constitution of the National Commission for Scheduled Castes and Scheduled Tribes for better protection of the rights of the members of the Scheduled Castes and Scheduled Tribes.

Caste Disabilities Removal Act 1950: The Act provides that when during a suit the parties belong to different persuasions, the laws of the religions of the parties shall not be permitted to control to deprive such parties of any such parties of any property except for the operation of such laws, they might are entitled.

Protection of Civil Rights Act 1955: By this Act, enforcement of any disability arising out of untouchability has been made an offence punishable in accordance with the relevant provisions.

The Bonded Labour System (Abolition)Act, 1976

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989: An Act to stop the Commission of atrocities against members of the Scheduled Castes and also the Scheduled Tribes for Constitution of special courts for trial of such offenses, and to produce relief and rehabilitation to the victims.

Protection of Human Rights Act 1993: The Act provides for the Constitution of a National Human Rights Commission, State Human Rights Commission, and Human Rights Courts for better protection of Human Rights.

Explanation:

The above provisions of the International Bill of Rights and Indian Constitution make sure that Scheduled Castes and Scheduled Tribes be treated equally and not be discriminated against. It ensures that the state provides for measures to boost Socio-Economic conditions of SC/ST so they achieve a minimum standard of living. The state is to safeguard Social, Economic and Cultural rights of them.

Cases:

1.Honour Killing of Shankar:

The couple fell dotty while studying at an engineering college in Palani and got married around eight months ago. However, the girl’s family tried to require her away even when she told the police that she had married the person of her own power.In a suspected homicide, members of the family of a high-caste Hindu girl sent hired killers to murder her husband, a Dalit, in Tirupur on Sunday.

A gang of unidentified men, armed with hatchets and sickles, rode into Udumalaipettai town in Tirupur district, waylaid Shankar, 22, and hacked him to death in broad daylight. The youth died on route to the hospital. His wife Kausalya, who was with him at the time of the incident, was critically injured and admitted to the ICU later. during a statement to the police, she blamed her members of the family for her husband’s death and told the police that she had complained about the threat from her family earlier. Chinnasamy, the father-in-law of V. Shankar (22), the Dalit youth who was hacked to deathin broad daylight in a very suspected homicide in Udumalpet on Sunday, surrendered before the Judicial Magistrate Court in Nilakottai, Dindigul district on Monday.

2. Indra Sawhney v. Union of India

It has been held that caste is that the determining factor for classifying a category as a backward class. However, the court held that the most limit of reservation cannot exceed 50% and there will be no reservation in promotion posts.

3. The Dharmapuri attacks:

In Dharmapuri district, Tamil Nadu, an angry mob of roughly 1,000 Vanniyars, a group who consider themselves ‘superior’ to Dalits in India’s caste hierarchy, succeeded in looting and torching as many as 400 houses in three Dalit communities with police remaining as onlookers. The attacks transpire within the wake of an inter-caste marriage between a Vanniyar woman and a Dalit man. Following the suicide of the woman’s father, the mob ransacked the villages of Natham, Anna Nagar and Kondampatti over a period of two-three hours. The inhabitants sought safety in an exceedingly nearby village. only the villages had already suffered much destruction, did the police move in. Since the incident, 142 suspected attackers are arrested. There are indications that the suicide was used as a pretext for polishing off an already planned attack, the aim of which can are to destroy the economic infrastructure of the Dalit communities. In recent years, the Dalits became increasingly assertive, while the Vanniyars appear to possess stagnated economically. before – and following – the incident, political forces in province that appeal to the Vanniyar vote made strong anti-Dalit statements. The estimated 1,500 victims of those attacks have suffered numerous human rights abuses, including violations of the proper to physical security; the correct to be free from violence; the correct to housing, the correct to marriage on free will; and also the right to fair access to justice. although the police knew about the danger of an attack, they didn't take any action to stop it. Following the incident, three police officials are suspended.

4. Nallampatti Dalits want case registered against upper caste community: (Erode)

Dalit residents of Rice Mill Pudur Colony at Nallampatti on Sunday demanded the Thingalur police to register a complaint against members of upper caste community over denial of livelihood for the last one month. The Dalit community members wanted immediate action on a petition they'd submitted a pair of days back complaining about what they termed as a socio-economic boycott by upper caste community members. Police officials had reportedly told them that the case can be registered only after a consultation on the relevant Sections with legal experts. Police sources said there have been complications involved in registering a case since the upper caste members can't be intimidated into providing employment to Dalits in their fields. consistent with a police official, the cordiality within the relations between the 2 communities was being vitiated by some organizations claiming to champion the explanation for Dalits. Ever since a face-off erupted between the Dalits belonging to Arundathiyar sect and upper caste members a month back after the death under suspicious circumstances of a 55-year-old Dalit worker Chinnasamy, there has been an uneasy calm in Nallampatti. per week back, the affected Dalits had submitted a petition to the district administration pleading for intervention for his or her economic sustenance, citing a resolution adopted by upper caste members to not engage for farm work any Dalit worker from the Rice Mill Pudur locality. they'd asked for interest-free loans with subsidy component as a remedy. Earlier this month, a team from the National Commission for Scheduled Castes (NCSC) visited the Rice Mill Pudur locality and held inquiries. The Dalit residents had complained to the team that Chinnasamy was murdered by an upper caste group over his strident stand on a PCR (Protection of Civil Rights) case registered in Thingalur station house. The Dalit residents had also expressed unhappiness over the Police Department’s handling of the case.

5. Devasam v. Union of India

The ‘Carry forward Rule’ framed by the Central Government was held invalid on the bottom that the ability vested within the regime under Article 16(4)could not be so exercised to deny reasonable equality of opportunity in matters of public employment to members of classes apart from backward. during this case the quantity of vacancies which came to be reserved by virtue of ‘Carry-Forward Rule’ was nearly 68% of the full vacancies which was unreasonable and hence the rule was declared invalid.

6. Attack on Dalits in Coimbatore: 

National Commission for Scheduled Castes conducts inquiry:

COIMBATORE: The National Commission for Scheduled Castes on Friday conducted an inquiry with 29 families who were plagued by caste violence that occurred at Periya Thadagam in Coimbatore. A report detailing the incident and proposals was submitted to the district collector. On September 7, around 30 people were attacked by 17 caste Hindus for refusing to play the jamb, a instrument, during the Vinayaka Chathurthi festival. Six Dalits were injured and hospitalized. The Thudiyalur police had then registered a case against 17 caste Hindus but failed to arrest them. As per the police records, the case was registered under sections 147, 148, 341, 294(b), 323 and 324 of the Indian legal code read with Section 3(1) and 3(2) of the SC/ST Amendment Act. one in all the victims, S Nagaraj said for over 15 years, they'd been facing such discrimination within the area. They said they learned to drum and were often called by the Hindu outfits. "For over three years, we had been playing the instrument for them during the festival. But this year, we decided to line up a statue at our temple and refused to play the jamab for them. They initially intimidated us then threatened. On September 7, they attacked us and beat us up so badly that six people had to be admitted to hospital. But 30 others were badly injured," he said. The others attacked were identified as M Marudaachalam, M Poogodi, K Vijaya, M Selvan, and M Subbammal. Chandra Prabha, research officer of National Commission for Scheduled Caste and S Lister, an investigative officer of the commission met all the 29 families residing within the village. S Lister said the govt had sanctioned a monetary advantage of Rs 50,000 to the six families after the FIR was registered. "We have recommended that sections 307 (attempt to murder) and 326 (Voluntarily causing grievous hurt by dangerous weapons or means) of Indian legal code be included within the FIR as they need mentioned within the FIR that the victims were attacked using wooden logs and iron rods. If this section is added, a compensation of up to Rs 4 lakh would be provided to them," said Lister. He further added that the Dalits still felt unsafe within the area. "They wanted the govt. to relocate them to another place near Thudiyalur and issue them patta," said Lister. Dalit activist Selvakumar said the Dalits in Periya Thadagam add brick kilns and were daily-wage workers. "They don't have any basic amenities and that they don't even have a home of their own. If the govt issues patta to them, they'll feel secure," he said. of these have also been included within the recommendations within the report.

7. Commission for Scheduled caste:

Originally Article 338 of the constitution provided for the appointment of a special officer for scheduled castes to research all matters referring to the constitutional safeguards for the SC to report back to the President on their working. He was designated because the commissioner for SCs and STs and to report back to the president on their working. He was designated because the commissioner for SCs and STs and assigned the said duty.

In 1978, the govt. (through a resolution) founded a non-statutory multi-member commission for SCs and STs; the office of commissioner for SCs and STs also continued to exist.

In 1987, the govt (through another resolution) modified the function of the commission for SCs and STs.

Later, the 65thconstitutional amendment act of 1990 provided for the establishment of a high level multi-member national commission for SCs and STs within the place of one special officer for SCs and STs. This constitutional body replaced the commissioner for SCs and STs in addition because the commission founded under the resolution of 1987.

Again, the 89thconstitutional amendment act of 2003 bifurcated the combined national commission for SCs and STs into two separate bodies, namely, national commission for scheduled castes (under article 338) and therefore the national commission for scheduled tribes (under article 338A).

The separate national commission for SCs came into existence in 2004. It consists of a chairperson, a vice-chairperson, and three other members. they're appointed by the president by warrant under his hand and seal. Their conditions of service and tenure of office are determined by the president.

Conclusion

Traditionally, the various Scheduled Castes were employed within the various styles of occupations and with their varying social and economic positions, were assigned different ranks within the overall ritual and social hierarchy of the class structure. One might think about these castes, not as a part of the organization of a village society contrary that the Scheduled Castes were associated in certain ways with social system but their touch either with someone or a commodity belonging to a Caste Hindu was avoided as far as possible. Thus, there existed strata of castes on the idea of their farness from the clean castes. What governs the existence of a Scheduled Caste is discrimination on the premise of caste manifests itself through visible practices like a separate water wells, segregated housing colonies, separate burial grounds, segregated places of worship, separate seating of kids during mid-day meals in class, denial of taking food from scheduled caste cooks in mid-day meals at schools, prohibition of dressing like others do, prohibition of intercaste dining and marriages, or mounting a horse during a marriage, amongst innumerable other forms. Discrimination also manifests itself through non-visible forms within the shape of caste prejudices which will be heard within the language through idioms and phrases. The failure of the Indian state and its instruments to address the issues arising within the process of socio-economic change during a society with adult suffrage and equality of opportunity and standing, among other similar objectives provided in our constitution, has led to rising expectations on the one hand, and growing consciousness of the exploitation and indignity in social relations, on the opposite. Such a mixture has inevitably led to strong resentment expressing itself in violence. Unless these infirmities are removed and progress made towards the creation of a really just society and non-exploitative social order, violence isn't only likely to continue but may get aggravated.