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The Scheduled Castes[1] and Scheduled Tribes are officially designated groups of people and among the most disadvantaged socio-economic groups in India.[2] The terms are recognized in the Constitution of India and the groups are designated in one or other of the categories.[3]: 3 For much of the period of British rule in the Indian subcontinent, they were known as the Depressed Classes.[3]: 2
Scheduled Tribes distribution map in India by state and union territory according to 2011 Census.[4]Mizoram and Lakshadweep had the highest percentage of its population as ST (~95%), while Punjab, Haryana, Delhi, and Chandigarh had 0%.[4]
In modern literature, many castes under the Scheduled Castes category are sometimes referred to as Dalit, meaning "broken" or "dispersed" for the untouchables.[5][6] The term having been popularised by the Dalit leader B. R. Ambedkar during the independence struggle.[5] Ambedkar preferred the term Dalit over Gandhi's term Harijan, meaning "people of Hari" (lit.'Man of God').[5] Similarly, the Scheduled Tribes are often referred to as Adivasi (earliest inhabitants), Vanvasi (inhabitants of forest) and Vanyajati (people of forest). However, the Government of India refrains from using derogatory and anthropologically incorrect [further explanation needed] terms. Instead, it uses the terms Anusuchit Jati (Scheduled Caste) and Anusuchit Janjati (Scheduled Tribe), as defined by the Constitution of India, for Scheduled Castes and Scheduled Tribes.[7][8] In September 2018, the government "issued an advisory to all private satellite channels asking them to refrain from using the derogatory nomenclature 'Dalit', though rights groups and intellectuals have come out against any shift from 'Dalit' in popular usage".[9]
The Scheduled Castes and Scheduled Tribes comprise about 16.6% and 8.6%, respectively, of India's population (according to the 2011 census).[10][11] The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 28 states in its First Schedule,[12] and the Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 states in its First Schedule.[13]
Since the independence of India, the Scheduled Castes and Scheduled Tribes were given Reservation status, guaranteeing political representation, preference in promotion, quota in universities, free and stipended education, scholarships, banking services, various government schemes and the Constitution lays down the general principles of positive discrimination for SCs and STs.[14][15]: 35, 137
Definition
Scheduled Castes
Article 366 (24) of the Constitution of India defines the Scheduled Castes as:[16]
Such castes, races or tribes or part of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purpose of this [Indian] constitution.
Scheduled Tribes
Article 366 (25) of the Constitution of India defines the Scheduled Tribes as:[17][16]
Such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed under Article 342 to the Scheduled Tribes for the purposes of this [Indian] Constitution.
Identification and procedures
Article 341
(1) The President may with respect to any State or Union Territory and where it is a State after consultation with the Governor thereof, by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause of any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.[16]
Article 342
(1) The President may with respect to any State or Union Territory and where it is a State, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.[16]
In a broader sense, the term 'Scheduled' refers to the legal list of specific castes and tribes of the states and union territories, as enacted in the Constitution of India, with the purpose of social justice by ensuring social security, and providing adequate representation in education, employment, and governance to promote their upliftment and integration into mainstream society.[18][19][20] The process of including and excluding communities, castes, or tribes to/from the list of Scheduled Castes and Scheduled Tribes adheres to certain silent criteria and procedures established by the Lokur committee in 1965.[21][22] For Scheduled Castes (SCs), the criteria involve extreme social, educational, and economic backwardness resulting from the practice of untouchability.[23] On the other hand, Scheduled Tribes (STs) are identified based on indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the larger community, and overall backwardness.[23] The scheduling process refers back to the definitions of communities used in the colonial census along with modern anthropological study and is guided by Article 341 and 342. Per the first clause of Article 341 and 342, the list of Scheduled communities is subject to specific state and union territory, with area restrictions to districts, subdistricts, and tehsils.[24][25][26][27] Furthermore, members of Scheduled Communities are entitled based on religious criteria: Scheduled Castes must be adherents of Hinduism, Sikhism, or Buddhism,[28] whereas Scheduled Tribes can belong to any religion to be recognized as Scheduled.[29][18]
History
Pre-independence
The evolution of the lower caste and tribe into the modern-day Scheduled Caste and Scheduled Tribe is complex. The caste system as a stratification of classes in India originated about 2,000 years ago, and has been influenced by dynasties and ruling elites, including the Mughal Empire and the British Raj.[30][31] The Hindu concept of Varnahistorically incorporated occupation-based communities.[30] Some low-caste groups, such as those formerly called untouchables[32] who constitute modern-day Scheduled Castes, were considered outside the Varna system.[33][34]
Since the 1850s, these communities were loosely referred to as Depressed Classes, with the Scheduled Castes and Scheduled Tribes. The early 20th century saw a flurry of activity in the British authorities assessing the feasibility of responsible self-government for India. The Morley–Minto Reforms Report, Montagu–Chelmsford Reforms Report and the Simon Commission were several initiatives in this context. A highly contested issue in the proposed reforms was the reservation of seats for representation of the Depressed Classes in provincial and central legislatures.[35]
In 1935, the UK Parliament passed the Government of India Act 1935, designed to give Indian provinces greater self-rule and set up a national federal structure. The reservation of seats for the Depressed Classes was incorporated into the act, which came into force in 1937. The Act introduced the term "Scheduled Castes", defining the group as "such castes, parts of groups within castes, which appear to His Majesty in Council to correspond to the classes of persons formerly known as the 'Depressed Classes', as His Majesty in Council may prefer".[3] This discretionary definition was clarified in The Government of India (Scheduled Castes) Order, 1936, which contained a list (or Schedule) of castes throughout the British-administered provinces.[3]
Post-independence
After independence the Constituent Assembly continued the prevailing definition of Scheduled Castes and Tribes, giving (via articles 341 and 342) the president of India and governors of the states a mandate to compile a full listing of castes and tribes (with the power to edit it later, as required). The complete list of castes and tribes was made via two orders: The Constitution (Scheduled Castes) Order, 1950[36] and The Constitution (Scheduled Tribes) Order, 1950,[37] respectively. Which are derived from colonial list and first updated in Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956. Furthermore, independent India's quest for inclusivity was incident through the appointment of B. R. Ambedkar as the chairman of the drafting committee for the Constitution. Ambedkar was a scheduled caste constitutional lawyer, a member of the low caste.[38] After 15 years since the first amendment listing Scheduled Castes and Scheduled Tribes, the government adopted updated criteria for inclusion and exclusion based on the Lokur committee report of 1965.[22]
The census figures for Scheduled Castes and Scheduled Tribes represent selective demography, as the first clause of Articles 341 and 342 specifies that Schedule status is specific to state or union territory (indicating nativeness of the region and the socio-economic disabilities arising therein), not to the whole country. For example, during the census operation, if a member of a notified community is not present in the state or union territory where the community is recognized as such, or if a member of Scheduled Castes follows religions other than Hinduism, Buddhism, or Sikhism, they are not counted as part of the Scheduled Castes or Scheduled Tribes, but rather as part of the general population.[42][43][44]
In the states of Punjab and Haryana, and the Union Territories of Delhi, Chandigarh and Puducherry, no community is notified as Scheduled Tribes; thus, there is no Scheduled Tribe population.[45]
Religion
State wise religion of Scheduled Castes and Scheduled Tribes, 2011 census[46]
The census figures for Scheduled Castes and Scheduled Tribes represent selective demography, as the first clause of Articles 341 and 342 specifies that Schedule status is specific to state or union territory (indicating nativeness of the region and the socio-economic disabilities arising therein), not to the whole country. For example, during the census operation, if a member of a notified community is not present in the state or union territory where the community is recognized as such, or if a member of Scheduled Castes follows religions other than Hinduism, Buddhism, or Sikhism, they are not counted as part of the Scheduled Castes or Scheduled Tribes, but rather as part of the general population.[42][43][44]
In the states of Punjab and Haryana, and the Union Territories of Delhi, Chandigarh and Puducherry, no community is notified as Scheduled Tribes; thus, there is no Scheduled Tribe population.[45]
Government initiative to improve the situation of SCs and STs
The Constitution provides a three-pronged strategy[49] to improve the situation of SCs and STs:
Protective arrangements: Such measures as are required to enforce equality, to provide punitive measures for transgressions, and to eliminate established practices that perpetuate inequities. 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 Construction of Dry Latrines (Prohibition) Act, 1993, etc. Despite legislation, social discrimination and atrocities against the backward castes continued to persist.[50]
Affirmative action: Provide positive 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. Article 16 of the Constitution states "nothing in this article shall prevent the State from making any provisions for the reservation of appointments or posts in favor of any backward class of citizens, which, in the opinion of the state, is not adequately represented in the services under the State". The Supreme Court upheld the legality of affirmative action and the Mandal Commission (a report that recommended that affirmative action not only apply to the Untouchables but the other backward class as well). However, the reservations about affirmative action were only allotted in the public sector, not the private.[51]
Development: Provide resources and benefits to bridge the socioeconomic gap between the SCs and STs and other communities. Legislation to improve the socioeconomic situation of SCs and STs because twenty-seven percent of SC and thirty-seven percent of ST households lived below the poverty line, compared to the mere eleven percent among other households. Additionally, the backward castes were poorer than other groups in Indian society, and they suffered from higher morbidity and mortality rates.[52]
Scheduled Castes Sub-Plan
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.[53] 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% of the total population), the allocations made through SCSP have been lower than the proportional population.[54] A strange factor has emerged of extremely lowered fertility of scheduled castes in Kerala, due to land reform, migrating (Kerala Gulf diaspora) and democratization of education.[55]
Issues in policy and implementation
Constitutional history
In the original Constitution, Article 338 provided for a special officer (the Commissioner for SCs and STs) responsible for monitoring the implementation of constitutional and legislative safeguards for SCs and STs and reporting to the president. Seventeen regional offices of the Commissioner were established throughout the country.[citation needed]
There was an initiative to replace the Commissioner with a committee in the 48th Amendment to the Constitution, changing Article 338. While the amendment was being debated, the Ministry of Welfare established the first committee for SCs and STs (with the functions of the Commissioner) in August 1978. These functions were modified in September 1987 to include advising the government on broad policy issues and the development levels of SCs and STs. Now it is included in Article 342.[citation needed]
In 1990, Article 338 was amended for the National Commission for SCs and STs with the Constitution (Sixty fifth Amendment) Bill, 1990.[56] The first commission under the 65th Amendment was constituted in March 1992, replacing the Commissioner for Scheduled Castes and Scheduled Tribes and the commission established by the Ministry of Welfare's Resolution of 1989. In 2003, the Constitution was again amended to divide the National Commission for Scheduled Castes and Scheduled Tribes into two commissions: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. Due to the spread of Christianity and Islam among scheduled caste communities, the converted individuals are not protected under the Indian Reservation policy. Hence, these societies usually forge their community certificate as Hindus and practice Christianity or Islam, afraid for their loss of reservation.[57]
^Union minister: Stick to SC, avoid the term 'Dalit'Archived 22 October 2018 at the Wayback Machine "Union social justice minister Thawarchand Gehlot said media should stick to the constitutional term "Scheduled Castes" while referring to Dalits as there are objections to the term to the term "Dalit" – backing the government order which has significant sections of scheduled caste civil society up in arms." Times of India 5 September 2018.
^ ab"Inclusion Into SC List" (Press release). Press Information Bureau, Government of India. Ministry of Social Justice & Empowerment. 24 February 2015. Retrieved 17 June 2023.
^"Reservation for Dalit Christians" (Press release). Press Information Bureau, Government of India; Ministry of Personnel, Public Grievances & Pensions. 16 March 2016. Retrieved 2 July 2024.
^Pletcher, Ken; Staff of EB (2010). "Untouchable - social class, India". Encyclopaedia Britannica. Archived from the original on 9 June 2021. Retrieved 25 June 2021.
Srivastava, Vinay Kumar; Chaudhary, K. (2009). "Anthropological Studies of Indian Tribes". In Atal, Yogesh singh chauhan (ed.). Sociology and Social Anthropology in India. Indian Council of Social Science Research/Pearson Education India. ISBN9788131720349.
