SCHEDULED CASTES WITH SPECIAL

REFERENCE TO CONSTITUTIONAL PROVISIONS

- By Kashish Kochar
 Advent Of Indian Caste System And Its Definition

• The term ‘caste’ is derived from the Spanish and Portuguese word ‘caste’ meaning ‘lineage’ or ‘breed’. It is believed that the Portuguese used the
term ‘caste’ first to denote the division in the Indian caste system. The Sanskrit word for ‘caste’ is ‘varna’ which means ‘colour’.

• The caste stratification of the Indian society had had its origin in the ‘Chaturvarna’ system. According to this doctrine, the Hindu society was
divided into four main varnas, namely:

The Brahmins- upper most caste of the Indian society. Bestowed with all the privileges.

The Kshatriyas- Warrior class of ancient and medieval India.

The Vaishyas- Basically tradesmen, craftsmen and artisans.

The Shudras – Depressed class of Indian society. Only occupation considered to be appropriate for them was manual scavenging.

• This Varna system was mainly prevalent during the Vedic period and was mainly based on the division of labour and occupation.
 Various Theories About Origin Of Caste System

1. According to the Hindu creed, the origin of the Depressed Classes also known as Pariahs, outcastes, untouchables, Harijans lies in the Divine
Law of Karma.

2. The notion of ‘race’ comes into play as the great majority of the Untouchables is believed to be natural inhabitants of India before the invasion
of the Aryans.

3. It is very likely that the “massa damnata” of the Outcastes was swelled considerably by high-born Hindus who lost their caste via defilement or
excommunication; or even swelled by the off-springs of illegitimate unions between members of different strata of castes.

4. Such subdued and ostracized people were reduced by their conquerors and masters to an ever more servile status.

5. Their behaviour was compared to that of sub-human nature, hence yielding to all animal instincts in man’s nature. This led to loss of human
dignity and self-respect under the Karma theory’s stifling fatalism.

6. With time their masters repulsed them furthermore, shunned their company, avoided their quarters, loathed them even so much as to touch or
see them.
 Problems Faced By The Depressed Classes

 No physical contact
 Ban on the use of common wells
 Prohibition from entering temples
 Did not receive services from any other occupational caste
 Non- acceptance of food cooked by Depressed Classes
 Dependence prowess
 Material deprivation
 Landlessness
 Educational backwardness
 Indebtedness and bonded labour
 Lack of Health and nutrition
 Subjected to various atrocities
 Background For Constitutional Reforms For Scheduled Classes- Pre-independence Era

Impact of Social Reform Movements-

i. Brahma Samaj was founded by Raja Ram Mohan Roy in 1820, furthered by Devendra Nath Tagore and Keshav Chandra Sen condemned the
barriers of caste division and advocated universal brotherhood of men.

ii. Arya Samaj founded by Swami Dayanand Saraswathi in 1875 repudiated the caste restrictions and insisted that even Shudras could study the
Vedas.

iii. Swami Vivekananda, founder of Ramakrishna Mission condemned caste inequalities and exploitation of lower castes. He even predicted that
the ‘shudras’ would dominate in the years to come.

iv. Founding father of Satyashodak Samaj(1873), Jyotirao Phooley asserted the worth of man irrespective of his caste. His writings threw light
upon the tyranny of the caste system and hegemony of the Brahmins. He opened a primary school for the Untouchables in Poona.
 Political Representation For Harijans

• The first political action for representation of Depressed Classes can be seen in Second Round Table Conference held at London in 1931. Two
members of the Minority Committee accompanied Gandhiji to voice the demands of the lower castes. One of the members was none other than
Dr. Bhimrao Ramji Ambedkar. With so called due deliberation, the Communal Award was drafted under the supervision of then British PM
Ramsey MacDonald. Following provisions were included-

• India should be divided into constituencies, not only territory wise but in accordance of racial, religious and social divisions of its people.

• Qualified franchise members of Depressed classes could not only vote in General Hindu constituency but also in special constituencies of
Depressed Classes, to whom a certain number of specific seats would be reserved.

• Gandhiji vehemently opposed this scheme and declared a ‘fast unto death’ from Yerawda Central Prison, Poona. Fortunately, on September
24,1932,the fifth day of the fast, all the stakeholders collectively signed the Poona Pact.-

• Out of the seats for Hindus in both Provincial and Central legislatures, there should be seats reserved for them in proportion to their voting
strength, i.e., 148 of the seats awarded to the general Hindu electorate, should be reserved for the Depressed Classes.

• Post this the Government of India (Scheduled Castes) Order,1936 was passed which contained a list (Schedule) of Castes through-out the
British administered provinces.
 Political Representation For Harijans

• No disabilities shall be attached to anybody on basis of him being a member of the Depressed Classes in regard to any election to local bodies or
appointment to the Public Services.

• In every province, out of the education grant, an adequate sum shall be earmarked for providing educational facilities for the members of the
Depressed Classes.

• Henceforth no one shall be regarded as an Untouchable by reason of his birth, and those who have been regarded hitherto shall have the same
right as other Hindus in regard to the use of public wells, roads, schools, and other public institutions

• In 1935, British 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 mentioned above was incorporated into this Act, which came into force in 1937. This Act introduced the term
“Scheduled Castes”, defining the group as “Such castes, races, or tribes or parts of groups within castes, races, or tribes, 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.”
 Constitutional Provisions For Scheduled Castes Post Independence

• Article 14 of the Indian Constitution states- The state shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India.

• In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long
time. People have been discriminated on the basis of their gender, religion, caste, race etc. Therefore Article 14 was included in the Constitution
to remove such inequalities and bring all the people under the equal protection of the law.

• No person is above the law of the land/lex loci and all have to abide by it.

• Under equality before the law, the principle of like should be treated alike is followed. It means that the right to sue and be sued for the same
cause of action should be the same for the people who are equals i.e., the people who are in similar circumstances and such right should be
available to them without any discrimination on the basis of religion, sex, caste or any other such factor.
 Constitutional Provisions For Scheduled Castes Post Independence

Article 15 prohibits discrimination on the ground of:

 Religion – It means that no person should be discriminated on the basis of religion from accessing any public place or enjoying benefits from
any policy of the state.

 Race – Ethnic origin should not form a basis of discrimination. For example, a citizen of Dravidian origin should not be discriminated from
those of an Aryan origin.

 Caste – Discrimination on the basis of caste is also prohibited to prevent atrocities inflicted by the upper castes on the Backward Classes of our
society.

 Sex – Gender of an individual shall not be a valid ground for discrimination in any matter. For example- Discriminating against women in
matters of public employment.

 Place of birth – A place where an individual is born cannot become a reason for discriminating among other members of the country.
 Constitutional Provisions For Scheduled Castes Post Independence

• On research, we find that Article 15 Clause (3), (4) and (5) itself stands as an exception to Article 15 Clause (1) and (2)-

 (3) For women and children;

 (4) For the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes;

 (5) Make provision relating to their admission to educational institutions including private educational institutions, whether aided or unaided
by the State, other than the minority educational institutions;

• Though being the exception to the legislation that forbids discrimination on grounds of sex and caste, this does not come under discrimination.

Rather, the term ‘Protective Discrimination’ (also known as Positive Discrimination) is used by the legislators to justify reservation and is

defined as the policy of providing an equal platform to the underprivileged and the suppressed classes and to lift their status in the society .

This system of reservation works on the principles of intelligible differentia.

 Constitutional Provisions For Scheduled Castes Post Independence

• Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters related to employment in the public sector.

• Article 16(1) states that there shall be equal opportunity for the citizens in the matter of employment or appointment to any office under the

State. The provision of equality is only applicable to the employment or offices which are held by the State.

Article 16(2) lays down the grounds on which the citizens should not be discriminated against for the purpose of employment or appointment to any

office under the State- are religion, race, caste, sex, descent, birthplace, residence, or any of them.

• EXCEPTION- it is stated in clause 3 of Article 16 that nothing in this article shall prevent Parliament from making any law which prescribes to

the citizens who are appointed to any office under the State in regard to any requirements as to residence within that State or Union territory

prior to employment or appointment to any office under the State.

 Constitutional Provisions For Scheduled Castes Post Independence

• Article 16(4) of the Indian constitution provides for the reservation of services under the State in favour of the backward class of citizens. For
the purpose of reservation in matters of promotion of Scheduled Castes and Scheduled Tribes, Clause (4) was inserted in Article 16 of the
Constitution by 77th Amendment(1995). It was stated in Clause(4) that nothing in Article 16 of the Constitution shall prevent the State from
making any provision for reservation in matters of promotion to any posts in Government services in favour of the Scheduled Castes and
Scheduled Tribes.
 Constitutional Provisions For Scheduled Castes Post Independence

• Article 17- It abolishes the practice of untouchability. The practice of untouchability is an offense under the Untouchability Offences Act of 1955
(renamed to Protection of Civil Rights Act in 1976) and anyone doing so is punishable by law. This Act states that whatever is open to the
general public should be open to all the citizens of India.

• Clause 1 of Article 23 prohibits the trafficking of human beings, beggar or any similar form of forced labour. It also states that any contravention
of this provision is punishable by the law. It explicitly prohibits:

• Human Trafficking: This refers to the sale and purchase of human beings mostly for the purpose of sexual slavery, forced prostitution or forced
labour.

• Begar: This is a form of forced labour which refers to forcing a person to work for no remuneration.

• Other forms of forced labour: This includes other forms of forced labour in which the person works for a wage less than the minimum wage.
This includes bonded labour wherein a person is forced to work to pay off his debt for inadequate remuneration, prison labour wherein prisoners
sent in for rigorous imprisonment are forced to work without even minimum remuneration etc.
 Constitutional Provisions For Scheduled Castes Post Independence

Prohibition of employment of children in factories, etc

• Article 24 states that any child under the age of fourteen years cannot be employed as a worker in any factory or be engaged in any other
hazardous employment.
 Constitutional Provisions For Scheduled Castes Post Independence

• Article 29 of the Indian Constitution states-

• The Right of a citizen not to be denied admission into state maintained and state-aided institution on the ground only of religion, race, caste, or
language -Art.29(2)-”No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of
State funds on grounds only of religion, race, caste, language or any of them”.

• Article 29(2) is an individual right given to citizen and not to any community. If a person has the academic qualifications but is refused
admission only on the grounds of religion, race, caste, language or any of them, then there is a clear breach of the Fundamental Right
under this section.
 Constitutional Provisions For Scheduled Castes Post Independence

• Article 46 of the Indian Constitution states- Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other
weaker sections - The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in
particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

• J. Article 330 of the Indian Constitution states- Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the
People.

• (1) Seats shall be reserved in the House of the People for-

(a) the Scheduled Castes;
(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and
(c) Post amendment, the Scheduled Tribes in the autonomous districts of Assam.

• (2) The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as
nearly as may be, the same proportion to the total number of seats allotted to that State or Union territory in the House of the People as the
population of the Scheduled Castes in the State or Union territory or of the Scheduled Tribes in the State or Union territory or part of the State or
Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory.
 Constitutional Provisions For Scheduled Castes Post Independence

• (3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the
autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the
Scheduled Tribes in the said autonomous districts bears to the total population of the State.
 Constitutional Provisions For Scheduled Castes Post Independence

• Article 332 of the Indian Constitution states- Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative
Assemblies of the States.

• (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam,
in the Legislative Assembly of every State.

• (2) Post amendment, Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.

• (3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1)
shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the
State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total
population of the State.
 Constitutional Provisions For Scheduled Castes Post Independence

• Article 341 of the Indian Constitution states- Scheduled Castes-

• (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 (1) 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.

• Article 342 of the Indian Constitution states- Scheduled Tribes -

• (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 purposes of this
Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.
 Constitutional Provisions For Scheduled Castes Post Independence

• (2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) 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.
 CONCLUSION

From my insight into the Indian caste system, I arrive at the conclusion that originally, the caste system was a way of life in the Indian society.
Unfortunately, with passage of time and its exploitation by few members of the human race, it became rigid. No wonder its rigidity was the sole
reason for its continuance for over a period of 5000 years. But with change in human psychology, political and social fabric of the country, it had to
be eradicated. First the Britishers, then the Indian government made deliberate efforts to provide relief to the downtrodden Backward Classes of our
society. Surprisingly the constitution managed to bring about considerable change in their conditions. But no legislation is perfect. Likewise, was
the situation with the constitution. Although it strived to create a caste-less society, the ripples of a centuries old tradition can be felt even today.