LAW AS A TOOL OF SOCIAL

ENGINEERING FOR SCHEDULED

CASTES
INTRODUCTION
The caste system functions as a system of relation of production and as an ideology. Hence, it
is both an economic and a social organization. It is a source of economic exploitation of the
‘untouchables’. Caste system is not merely a division of labour. It is also a division of
labourers. Capitalist relations make agricultural and industrial labourers a distinct class-in-
itself, but the caste system prevents them from being a class-for-itself. Caste and religion are
used to perpetuate a particular class structure. Caste persists as a part of feudal ideology.
Caste has discouraged emergence of class consciousness among the weaker sections of Indian
society, and the fact is that caste performs class-like functions and activities related to
political power.

OBJECTIVE
1. To understand who constitutes Scheduled Castes and appreciate its usefulness for
educating children.
2. To acquire knowledge about various provisions made in the Constitution of India and
National Policy of Education about provisions, directions for education of children
from scheduled castes.
3. To understand the present policy, programmes and Schemes for education of
scheduled castes.
4. Are the provisions for Scheduled Castes enough?
PLIGHT
In some areas the scheduled castes (SCs) are still not allowed access to temples or wells.
However, today, demands are rarely of a religious and ritual nature. Their demand today is to
be treated as persons and no longer as bonded labourers and should be given fair wages. They
should be allowed to have their say in all democratic institutions. Nearly 90 per cent of the
SCs live in villages, and they continue to suffer because they work under the command of the
dominant castes and landlords. They continue to be economically dependent on the upper
caste and class groups. Since they continue to be poor, they are subjected to exploitation.
Today, most of the Dalits are toilers in the unorganized sector, with no guarantee of a
permanent source of income. Farming has become a loss-making proposition, pushing these
communities deeper into the morass of poverty and hunger. They are migrating to
metropolises in massive numbers and are becoming victims of different forms of exploitation,
including sexual exploitation. Thus, the miserable state of these vulnerable communities is
not only about poverty; it is also about lack of education, landlessness, displacement and
social discrimination. Incidents of atrocities due to land disputes, payment of wages at lower
rates, indebtedness, forced labour and denial of access to public places have become a routine
matter. Discrimination also manifests itself through non-visible forms in the shape of caste
prejudices that can be heard in the spoken language through idioms and phrases. Dalits
continue to be oppressed and discriminated against in villages, in educational institutions, in
the job market, and on the political battlefront, leaving them with little respite in any sphere
or at any juncture of their lives. In spite of Constitutional protection and legal safeguards,
violent incidents against Dalits increased, rather than decreased over the years. The inhuman
and exploitative conditions in which these people were forced to live for centuries made them
conscious of their deplorable condition in the society. Caste is not simply a law and order
problem but a social problem. Caste violence can only be eradicated with the birth of a new
social order.
REASONS FOR BACKWARDNESS OF SCHEDULED CASTE CHILDREN
1. Poverty
2. Physical and social segregation
3. Lack of easy access to school
4. Inadequacy of teachers and teacher preparation

LEGAL ASPECT
The Constitution of India has clearly stated in its Preamble that everyone has the right of
equality of status and of opportunity. The Directive Principles of the State Policy further
stress in Article 41 the right to work, to educate and to public assistance in certain cases
including disablement. In addition to Article 45, the Constitution lays down that free,
compulsory and universal primary education should be provided to all children up to 14 years
of age. Article 46 of the Constitution of India commits the State to promote educational and
economic interests of Scheduled Castes, Scheduled Tribes and Weaker Sections. Thus, you
will notice that all these Articles and their implementation aim at providing quality education
to all including different disadvantaged groups. Even today, after so years of independence,
India is struggling to fight against all kinds of biases of caste, religions, ideology, gender etc.
Education can play a significant role to minimising and finally eliminating these differences
by proving equality of access to quality education and opportunity. Equality of opportunity
means that every individual will receive suitable education at a pace and through methods
suitable to her/him and therefore, children from the disadvantaged and socially discriminated
groups also suffering specific challenges must be paid special attention.
Article 14
The State shall not deny to any person equality before the law on the equal protection of the
laws within the territory of India Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth.
Article 15
It refers to prohibition of discrimination on ground of religion, race, castes, sex or place of
birth or any of them. This necessitates that
(1) States should not discriminate against any citizen on any ground as mentioned in this
Article. It also means that nothing shall,
(2) on grounds only of region, caste, sex, place of birth or any one of them be subject to any
disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and places of public entertainments or
(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained
wholly or partly out of State funds or dedicated to the use of general public.
(3) Nothing in this article or in clause (2) of article 29 shall prevent the State laws making
any special provision for advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes. This has implications for all of
us as we have to treat all children equally and in case, a child from weaker section or socially
disadvantaged group lags behind, special provisions and efforts have to be made to bring
her/him at par with other children.
Article 16
(1) There shall be equality of opportunity for all citizens in matters relating to employment
or appointments to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under the
Government of, or any local or other authority within, a State or Union Territory, any
requirement as to residence within that State or Union Territory prior to such
employment or appointment.
(4) Nothing in this article shall prevent the State from making provision for the reservation
of appointments or posts in favour of any backward class of citizens which, in the
opinion of the State, is not adequately represented in the services under the State.
(4A) nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion to any class or classes of posts in the services under
the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the
opinion of the State, are not adequately represented in the services under the State.
Relates to relaxation in Government jobs proportionately for SC/ST. This article has
implications for reserving posts in various cadres for SCs and STs and does not have any
direct implication for classroom or teaching related issues. However, it is important to
note that none of us hold a negative attitude or have pre-conceived notions about the
competence and skill of those, who are appointed against reserved posts.
Article 17
Abolition of Untouchability
Untouchability is abolished and its practice in any form is forbidden. The enforcement of
any disability arising out of Untouchability shall be an offence punishable in accordance
with law. In fact, untouchability has already been abolished and its practice in any form
is forbidden. It is an offence punishable in accordance with law and therefore, a teacher
also should be aware of it.
Article 19
 All citizens shall have the right;
a) to freedom of speech and expression;
b) to assemble peaceably and without arms;
c) to form associations or unions;
d) to move freely throughout the territory of India;
e) to reside and settle in any part of the territory of India; and
f) to practise any profession, or to carry on any occupation, trade or business.
Article 23 (2)
Nothing in this article shall prevent the State from imposing compulsory service for public
purposes, and in imposing such service the State shall not make any discrimination on
grounds only of religion, race, caste or class or any of them.
SOCIOLOGICAL ASPECT
The Constitution of India has listed the ‘untouchable’ castes as the ‘Scheduled Castes’ with a
view to provide them protection against discrimination, exploitation and degradation. It
provides for their social, economic, political, cultural and educational upliftment. Provisions
have been made against social discrimination with a view to attain equality of the scheduled
castes. Despite such measures, the traditional divisions between pure and polluted caste
groups persist in some levels of Indian society, making full emancipation of these groups
slow to come about. However, ascriptive status cannot be changed simply by constitutional
provisions. The processes of social change and modernisation of traditional values can bring
about a change in due course of time. The SCs are emerging as a force to reckon with
representing secular values, egalitarianism and the quest for equality. The failure of the
Indian state and its instruments to cope with the problems arising in the process of socio-
economic change in a society with adult suffrage and equality of opportunity and status,
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 other. Such a combination has inevitably led to strong resentment expressing itself in
violence. Unless these infirmities are removed and progress made towards the creation of a
truly just society and non-exploitative social order, violence is not only likely to continue but
may get aggravated. We may be a democratic republic, but justice, equality, liberty and
fraternity-the four basic tenets promised in the Preamble of our Constitution-are clearly not
available to all.
CONCLUSION
It may be summarised that educational progress of Scheduled Castes is inadequate. Millions
of marginalised SCs are not provided the basic equality of education. There have been
specific efforts by central, state governments and voluntary organisations for improving
conditions of education of these sections to suffer inequalities in educational opportunities.
Economic deprivation, cultural prejudices, social practices and lack of easy access to school,
lack of provision of infrastructure, teachers and teaching-learning materials have contributed
to the educational backwardness of SCs. Numerous schemes and programmes have been
launched for their educational upliftment but the implementation aspect seems to be lacking.
RECOMMENDATION
Teachers have to make conscious efforts to bring all children, including street children and
working children, who are out-of-school, to the school. Some of these children might have
grown in age and therefore, might feel uneasy to sit with younger children. This could also
result in their developing a complex in them. Several national and state level organisations
are in the process of developing bridge courses and learning material to help them to be
placed in appropriate classes (as per their age) who either remained out of the stystem or
dropped-out due to various reasons. Studies have proved that if there is a mismatch between
the curricular expectations and children‘s capabilities or the teaching style of teachers does
not match with the learning style of students, there is a high probability of such students
leaving studies in the middle.
Further, it is not enough to formulate policies and programmes only, but also to evolve
strategies to neutralise the ideological, structural and familial impediments so that the
educational facilities are fully utilised.
BIBLIOGRAPHY
www.researchgate.net
news.statetimes.in
www.journalcra.com
https://ncert.nic.in/degsn/pdf/degsnmodule6.pdf