Empowering the Marginalized
Maitreyee Wadge
The Historical Background of Scheduled Castes (SCs) and Tribes (STs) in India:
Scheduled Castes (SCs):
In the past, Scheduled Castes (SCs) in India experienced significant political, social, and economic disadvantages. Being viewed as “untouchables,” SCs were subjected to severe prejudice and were not allowed to participate in regular social activities. They were kept apart from Hindus of higher castes and were not allowed to use public restrooms, schools, or temples. From an economic standpoint, SCs were forced into menial and dehumanizing occupations like manual scavenging and leatherwork, where they were frequently held in abusive debt bondage. Due to pervasive caste-based stereotypes, SCs had restricted access to education, and political marginalization made their problems worse.
Scheduled Tribes (STs):
Scheduled Tribes (STs) had unique difficulties. Because they lived in distant, difficult-to-reach places like hills and forests, STs were socially isolated and saw their unique cultures, languages, and customs marginalized. Due to non-tribal entities’ exploitation and colonial policies, STs experienced economic land alienation. Due to their isolated settings, they had limited access to healthcare and educational resources, which led in poor health outcomes and high rates of illiteracy. Due to their lack of political clout and influence, STs’ interests and concerns were neglected.
Legislative initiatives and reform movements:
Advocates of Social Reform:
To improve SCs and STs, a number of influential people have worked towards the upliftment of these groups:
- Jyotirao Phule placed a strong emphasis on social change and education, especially for women, lower castes, and untouchables.
- R. Ambedkar emphasized Political representation and education as means of empowering the SCs in his advocacy for their rights.
- Mahatma Gandhi fought for the social and economic integration of SCs and the abolition of untouchability.
Measures Taken After Independence: Scheduled Castes (SCs)
- Article 14- The Indian Constitutionguarantees equality before the law and equal protection of the laws within the territory of India under Article 14. This article forms the bedrock of the Indian legal framework for ensuring equality.
- Article 15-This article prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It also empowers the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes (SCs and STs).
- Article 16-This article provides equality of opportunity in public employment, which covers provisions for government jobs and reserved seats, as well as scholarships and reserved seats in school.
- Article 17-This article of the Indian Constitution outlawed untouchability and declared its practise illegal. To eliminate prejudice and atrocities against Scheduled Castes and Scheduled Tribes (SCs), the legislature enacted laws like as the Protection of Civil Rights Act (1955) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989).
- Article 21-This article ensures the protection of life and personal liberty, underpinning the right to live with dignity.
Scheduled Tribes (STs):
Following independence, STs were given recognition for their rights to land and resources through legislation like the Forest Rights Act (2006), as well as programs like the Tribal Sub-Plan (TSP) that aimed to preserve and promote their traditional legacy. Reservations and empowerment programs improved political and educational representation.
Ongoing Challenges Faced by SCs and STs
Notwithstanding legislative advancements, SCs and STs Still confront formidable obstacles:
- Social Discrimination: Untouchability and caste-based prejudice still prevail in rural India. Despite legal prohibitions, these social injustices continue to affect the daily lives of SCs and STs, leading to social exclusion and marginalization.
- Economic Inequality: SCs and STs are impacted by high rates of poverty, unemployment, and underemployment. Economic disparities are exacerbated by limited access to resources, land, and financial services, making it difficult for these communities to break the cycle of poverty.
- Educational Gaps: In comparison to the national average, there is still a sizable educational disparity between Scheduled Castes (SCs) and Scheduled Tribes (STs). Although there were 41.4 million students enrolled in higher education overall, SC and ST participation was lower, according to data from the All India Survey on Higher Education (AISHE) 2020–21. Despite making up a far bigger percentage of India’s population—16.6% and 8.6%, respectively—SCs and STs only made up 14.25% and 5.83% of all enrolments, respectively. These towns also have higher than average dropout rates. For instance, secondary-level dropout rates in a number of states, including Gujarat, Uttar Pradesh, and Bihar, surpassed the 12.6% national average during the 2021–22 school year.Furthermore, research indicates that the pandemic has exacerbated these educational gaps, with underprivileged populations including Muslims, SCs, and STs seeing greater rates of “learning poverty”—the incapacity to acquire fundamental skills in maths and reading. These populations’ persistent structural and socioeconomic hurdles to receiving high-quality education are reflected in the combination of lower enrolment and greater dropout rates.
- Political Marginalization: Despite constitutional safeguards such as reserved seats in legislative bodies, Scheduled Castes (SCs) and Scheduled Tribes (STs) in Northeast India are clearly marginalised politically. For instance, even though places like Assam have reserved seats, these populations’ actual political clout is still quite small. Ethnic and indigenous identities have a significant influence on Northeast politics, frequently overshadowing the issues facing SCs and STs. The region’s political parties frequently prioritise ethnic mobilisations, which reduces the ability of marginalised groups to shape political outcomes.
Current Developments in Law: Several important measures pertaining to SCs and STs were approved by the Indian Parliament in 2024
- Order amending the Constitution (Scheduled Tribes) Bill, Andhra Pradesh, 2024: The Constitution (Scheduled Tribes) Order, 1950 is amended by this law to add the communities of Bondo Porja, Khond Porja, and Konda Savaras to the ST list. The intention is to give these recently admitted tribes the same rights and privileges as STs, including reservations and social programs.
- Bill, 2024, amending the Constitution (Jammu and Kashmir) Scheduled Tribes Order: The Pahari Ethnic Group, Padari Tribes, Koli, and Gadda Brahmin are now included on the Jammu and Kashmir ST list. It guarantees reservations and privileges for these newcomers without compromising the rights of current ST populations.
- Bill 2024, Constitution (Scheduled Tribes and Scheduled Castes) Orders (Amendment): This law eliminates two names off the SC list and updates Odisha’s ST list with a number of new community names and synonyms. By improving the official listings, it hopes to guarantee that more towns receive ST resources and assistance.
- Constitution (Amendment) Orders pertaining to Scheduled Tribes and Scheduled Castes Bill, Rajya Sabha, 2024: This bill adds more communities and synonyms to the Odisha and Andhra Pradesh ST lists. In addition, it resolves concerns about the prior exclusion of Particularly Vulnerable Tribal Groups (PVTGs) and transfers several communities from the SC to the ST list.
Critical analysis of these amendments:
- Active Enforcement vs. Simple Declaration:
Although it is admirable that the modifications protecting reservation rights aim to improve underprivileged communities, their effectiveness may be constrained by a lack of proactive enforcement. If socioeconomic gaps are not addressed, designating some groups as SCs and STs runs the risk of making these laws useless. Despite legislative protections, marginalisation persists because the government fails to guarantee that these rights are properly implemented. This draws attention to a serious weakness: the clauses frequently stay “dead letters” without the institutional backing needed to give them substance.
- Political Manipulation and Vote Bank Politics:
Political parties have frequently been accused of using reservations for SCs and STs as a means of bolstering their support bases. Political leaders may designate certain groups as SCs or STs in order to win over certain communities, often without considering socioeconomic need. As the emphasis moves from correcting past injustices to gaining political benefit, this can undermine the actual purpose of affirmative action. Additionally, this tactic may result in the establishment of “pseudo” categories that do not entirely benefit the communities they are meant to safeguard, so compromising the efficacy of the reservation system.
- The Weight of “Reverse Discrimination”:
The situation of “reverse discrimination,” in which people who do not belong to the designated categories feel disadvantaged, is a serious concern. There is a growing gap between those who profit from the reservations and those who do not, according to critics, as a result of the expansion of reservations, particularly in areas like employment and education. Anger can be stoked by this sense of injustice, which can result in political unrest and social unrest. Nonetheless, supporters contend that these actions are still required because of the ongoing injustices that SCs and STs must contend with.
- The State’s Economic Burden:
The state is financially burdened by the reservations system, especially as the proportion of reserved seats and positions rises. When reservations are made without accompanying initiatives to enhance the standard of education, skill development, and employment prospects for the marginalised groups, critics contend that this results in inefficiencies and an overburdened bureaucracy. Despite their good intentions, these modifications may put a burden on public coffers, especially in areas like government services, healthcare, and education.
- How Well Reservations Work to Promote Social Mobility:
Despite the misgivings, SCs and STs’ social mobility is nevertheless hampered by the ingrained socioeconomic constraints they encounter. The enduring caste-based prejudice, limited access to high-quality education, and ingrained poverty are the true problems, not the absence of reservations. Reservations by themselves cannot guarantee genuine empowerment or integration into society at large unless these systemic obstacles are addressed. To end caste-based prejudice, efforts should be made to integrate reservations with financial assistance, social awareness initiatives, and educational reforms.
Important Case Laws
The legal environment for SCs and STs has been formed by a number of significant rulings:
ChampakamDorairajan v. State of Madras (1951):
Facts: The caste-based reservations in Tamil Nadu’s educational institutions were contested in this case. According to the petitioner, these reservations were against Article 15(1) of the Constitution, which forbids caste-based discrimination.
Conclusion: The Supreme Court held that, in accordance with Article 15(1), caste-based reservations in educational institutions were unconstitutional. The First Amendment of the Constitution was created as a result of this ruling, and it permits special measures for the advancement of underprivileged groups, such as SCs and STs.
Union of India v. Indra Sawhney (1992):
Facts: The Mandal Commission’s recommendations for Other Backward Classes (OBCs) to be given preference in government employment and educational institutions were at issue in this case.The petitioner objected to these suggestions being put into practice.
Judgement: The Mandal Commission’s suggestions were maintained by the Supreme Court, which also approved OBC reservations. In order to address concerns about excessive reservations and reinforce affirmative action, the Court also set overall reservations at 50%, which included those for SCs and STs.
State of Tamil Nadu v. I.R. Coelho (2007):
Facts: Laws that were shielded from judicial review by the Ninth Schedule of the Constitution were called into question in this case regarding their constitutionality. These policies, like the land reform laws, frequently had an impact on SCs and STs.
Conclusion: The Supreme Court held that if laws under the Ninth Schedule deviated from the fundamental framework of the Constitution, they might be subject to judicial scrutiny. This decision guaranteed that all laws, even those meant for SCs and STs, would be examined for constitutionality.
Union of India v. National Campaign on Dalit Human Rights (2016):
Facts: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was not put into effect in this instance. The petitioners claimed that Dalits were still the target of violence and discrimination in spite of the Act.
Judgment: To guarantee the SC/ST (Prevention of Atrocities) Act is implemented effectively, the Supreme Court released comprehensive recommendations. The Court stressed that in order to redress crimes against SCs and STs, appropriate enforcement mechanisms—such as special officials and courts—are required.
In summary-
The latest Scheduled Castes and Scheduled Tribes (Amendment) Bill, 2024, which amends the Constitution, is a reflection of ongoing legislative attempts to rectify historical injustices and guarantee the empowerment of SCs and STs. The history of discrimination against SCs and STs in India highlights the intricate interaction between legal and social forces, as seen by the passage of numerous laws and important Supreme Court decisions. Even though there has been progress, various issues surrounding reservations continue to exist. They must be addressed in order to provide SCs and STs with true equality and justice. The 2024 revisions and significant case law demonstrate how the legal system is changing to better meet the interests and rights of these underserved people.
