5.1 Reservation

5.1.1 Continuity, Expansion and Obstructions

5.1.1.1 In the fresh journey of the Indian nation, the Indian State and Dalits under the umbrella of the Constitution, the first step was that Reservation for SCs in services under the State, brought into existence by Dr. Babsaheb Ambedkar’s endeavours from his vantage point as Member, Viceroy’s Executive Council, in 1943, and remained in existence after Independence, was continued under the Constitution. From 1950, STs were also brought within the purview of the Reservation Scheme. This got Constitutional base after the Constitution of India came into force on 26.1.1950. It has been continued without interruption. This 6 decade-long continuity is a matter of credit for the Indian State. Obviously the remedy for centuries-long process of extreme exploitation and deprivation and its consequences cannot be short-term. There have been improvements made along the way. Coverage of areas of employment and categories of educational institutions to which reservation would apply has got gradually widened. As public sector began to grow in accordance with the Industrial Policy of India, reservation was extended to public sector industries (PSUs) and other establishments (To seek reservation in the now burgeoning organised private sector is in keeping with the logic of the earlier extension of reservation to the then growing public sector industries and establishments). With nationalisation, reservation was extended to public sector banks. Universities also were also covered subsequently. Noticing the very slow pace in the increase of SC and ST representation in higher positions filled up by promotion, reservation was extended to promotions. In making all these improvements, the continued presence of Babu Jagjivan Ram in the Cabinet as a Senior Minister was of great help. A High Power Committee (HPC) with Prime Minister as the Chairman and Babu Jagjivan Ram as a Member for a long time used to meet periodically, take stock of the progress and give further directions. (After the mid 1980’s, its meetings are rare and infrequent.). Simultaneously, the post-Matric Scholarship Scheme (PMS) and the Overseas Scholarship Scheme (OSS) for SCs, initiated by Dr. Ambedkar in 1943, and soon extended to STs, have been continued after Independence till now, though attempts have been made behind the screen to scuttle or cripple them.

5.1.1.2 These schemes and their continuity have helped to call into existence for the first time in our history an educated middle class of Dalits freed from traditional occupations, though proportionately and relatively small, capable of helping and catalysing further all-round Dalit progress. But the process has been very slow and the coverage very limited, partly because of the uneasiness caused as Dalit presence grew and became visible in the 1960’s and 1970’s, on account of which further improvements in the Reservation scheme began to be resisted. This was accompanied by slackening on the part of Government after 1990. Special drives to fill the backlog, launched periodically by Government, helped to reduce the backlog but could not be decisive in adequately quickening the pace and entirely removing the backlog.

5.1.2 Ongoing Efforts for Legislation for Reservation – 1990 2006

5.1.2.1 Attempts to put reservation on a stronger and more transparent base by enacting legislation made first in 1990 are yet to fructify. A comprehensive Bill drafted in 1990, which covered all aspects of reservation and included a provision for Arakshan Nyay Adalats (ANAs) or Tribunals of Justice in Reservation located at the Centre and in all States for speedy adjudication of every reservation-related complaint, and a penal provision for neglect, was scuttled. It remained an unfulfilled commitment of the United Front Government of 1996 97 – the UF incorporated in toto, as part of its Common Minimum Programme (CMP), the Dalit Manifesto 1996 (DM – vide Annexure I), of which one item was legislation for reservation. This has also found place in which in the CMP of the present United Progressive Alliance (UPA)/ National CMP of the UPA Government (NCMP), but the Bill drafted has become complicated as reservation for Socially and Educationally Backward Classes also referred to as Other Backward Classes and as Backward Classes (SEdBCs/OBCs/BCs) has also been sought to be covered in the same legislation, but which has certain specificities and complexities, that are taking more time to sort out. Provisions for ANAs and penalty need to be incorporated in it. ANAs are important in the context of endless delays experienced in the adjudication of complaints of injustice in reservation when left to general courts or tribunals.

5.1.3 SCs in Group ‘A’ – Substantial but Slow Progress –

Target so near yet so far

5.1.3.1 As a cumulative result of all these lacunae, even now SCs have not reached the prescribed percentage in Group ‘A’ and ‘B’ posts in Government of India and not been able to fill a good part of reserved seats in higher educational institutions and STs even less and worse. It took a quarter century for SCs to reach 3.25% of Group ‘A’ posts on 1.1.1974 and another two decades to reach 10.25% in 1994, reached 11.29% in five more years in 1999 and took another five years to reach 12.2% in 2004. The painfully slow pace tells its own story. At the present rate, if it is not further slackened, it will take at least 15 more years to reach the prescribed percentage of 15% and, if the process is not stopped there, a further 5 years to reach the equivalent of the present SC population percentage of 16.2. A simple calculation will show how near (yet so far) is the target. As on 1.1.2004, there are 9,744 SC Group ‘A’ officers out of the total Group ‘A’ strength of 80,011. It requires only 2258 SCs to be recruited/ promoted to Group ‘A’ to reach 15% and another 960 more to reach 16.2% (assuming that the total Group ‘A’ strength remains constant). If the political and administrative leadership decides that this target should be achieved quickly and plans out the absorption in different Ministries/ Departments and organisations constituting Central Government for optimal and useful intake, this can be achieved in 1 or 2 or at the most 3 years. It will be a feather in the cap of the Government and ruling parties of the day. But for this, there will have to be the requisite determination, careful planning of operations and constant supervision and timely correction of results, precluding sabotage. But when we go to numbers, another strange thing strikes the eye. The total number of SC Group ‘A’ Officers, which was 10,558 in 1.1.1999, was reduced to 9,744 as on 1.1.2004. This is the first time in India’s history when the actual number of SCs has come down. It is true that the total Group ‘A’ strength also came down in this period from 93,520 to 80,011. It was not necessary to mechanically bring down the under-represented SCs also with this general shrinkage of Government. It was possible to devise means to hold up the SC numbers. If the same absolute number of Group ‘A’ officers had been maintained, it would have constituted 13.19%, leaving a gap of only 1,444 to reach 15% and a gap of 2,004 to reach 16.2%, which could be bridged with planned operations in 1 or 2 years.

5.1.3.4 If this type of determined meticulously planned operations are launched in every PSU, every PSB and every university by each Ministry and the Departments and other controlling authorities, the reservation targets can be quickly filled up and one stage in the long journey, prolonged unreasonably on account of the general lackadaisical, casual “method” followed so far, with some underlying negative attitudes, initiated by Dr. Babasaheb Ambedkar in 1943, can be completed without further undue delay. It is noted that the Ministry of Human Resource Development and the University Grants Commission have recently initiated some steps with regard to universities and colleges, which are in this direction.

5.1.4 SCs in Group ‘B’ – Again, Target so near yet so far

5.1.4.1 Coming to Group ‘B’, it took a quarter century for SCs to reach 4.59% of Group ‘B’ posts on 1.1.1974 and another two decades to reach 12.06% in 1994, reached 12.68% in five more years in 1999 and took another five years to reach 14.5% in 2004. At the present rate, if it is not further slackened, it will take at least 2 more years to reach the prescribed percentage of 15% and, if the process is not stopped there, a further 1 year to reach the equivalent of the present SC population percentage of 16.2. A simple calculation will show how near (yet so far) is the target even to a greater extent than Group ‘A’. As on 1.1.2004, there are 19,602 SC Group ‘B’ officers out of the total Group ‘B’ strength of 135,409. It requires only 710 SCs to be recruited/ promoted to Group ‘B’ to reach 15% and another 1625 more to reach 16.2% (assuming that the total Group ‘B’ strength remains constant). This can be achieved in this year itself or even in a few months. Fulfilment and announcement of this will be an advance feather in the cap of the present Government and ruling parties. But for this, there will have to be the same determination and careful planned operations, as mentioned for filling Group ‘A’ gap.

5.1.5 SCs in Group ‘C’ – Target fulfilled at last

5.1.5.1 It is welcome that in Group ‘C’, SCs have been helped to pass the goal post of 15% at the beginning of 1990’s and the population-equivalent of 16.2% before 2004. But this could have taken much less than the half-century it has actually taken. But Group ‘C’ SC personnel in absolute numbers have significantly come down from 3,78,115 in 1999 to 3,44,865. This is indicative of the shrinkage of Government, the shrinkage of opportunities in Government for the class of SCs who are educated enough to aspire for this level at present but not enough for the higher Groups. This trend threatens to reverse the process of middle class formation, which has been taking place in the earlier half-century. This should enable the State, the Government and civil society leaders to understand the pain of Dalits when this happens without compensatory expansion elsewhere – i.e. in the now burgeoning organised private sector.

5.1.6 SCs in Group ‘D’ – Always full

5.1.6.1 It has always been easy for the system to fulfil the reservation in Group ‘D’, but a disturbing trend is that in the last decade the percentage and the absolute numbers of SCs in Group ‘D’ has been coming down. They have come down drastically from 2,30,203 in 1974 and 2,09,423 in 1994 and 1999 to 1,47,212 in 2004. This trend is significantly adverse for the class, which is still numerous, which can only look for this type and level of employment at present.

5.1.7 Reaching Reservation Farther

5.1.7.1 It is true that the benefit of reservation and education, which go together, have not reached the major proportion of SC population. Those who have got this benefit would be only about 2% of the SC population and about 1% of the ST population. But it is wrong to dub as “creamy layer” the limited number of those who have cleared all hurdles against many social and economic odds and managed to get educated and reach out to dignified employment, mainly in Government and public sector, and to blame them for this. This is the alibi of those who have failed to do their duty. The real culprit is the failure of the State, in violation of Art. 46 of the Constitution, to economically empower them to bring education, esp. higher education, within the reach of affordability of Dalit masses and to launch all out drive for their education, which will be detailed below.

5.1.8 STs – Short in All Groups

5.1.8.1 The position regarding STs is worse. Not only their Group ‘A’ and Group ‘B’ presence is less but even in Group ‘C’ and Group ‘D’, they are below their prescribed reservation percentage of 7.5%. In the first quarter century of reservation, they could reach only 0.57%, slowly climbed upto 2.92% in the next two decades marginally climbed to 3.39% in the next 5 years and in 5 more years, they have reached 4.1%, which is only half their population percentage of 8.2%. In Group ‘C’, the figures for the four years was 2.13% in 1974, 5.38% in 1994, 6.07% in 1999 and 6.7% in 2004; and in Group ‘D’ 3.84% in 1974, up to 6.15% in 1994, rising marginally to 7% in 1999, but falling to 6.7% in 2004. With the present lackadaisical method, it will take much longer for the gap to be filled for STs than for SCs. But in absolute numbers, it is possible to do it in a much shorter period, given the determined meticulously planned operations described in respect of Group ‘A’ and Group ‘B’ for SCs. The reduction in absolute numbers in Group ‘C’ and Group ‘D’ needs to be noted and checked. Yet and with the glaring State failure to economically empower them to afford education, esp. higher education and launch all out educational drive for them, alibis are being sought in a supposed “creamy layer”, even in STs.

5.1.9 Reservation Statistics not Transparent for Higher Levels in Group ‘A’

5.1.9.1 One more aspect to be noted is that the aggregates for Groups conceals the full reality. For example, in Group ‘A’ the scarcity of SC and ST presence steadily increases as one goes up to the higher levels of Group ‘A’. Government of India does not publish figures separately for each level of Group ‘A’, preventing the transparency the SC and ST are entitled to. Of the hundred odd Secretaries in the Government of India, there is currently only 1 who is from SC, which is even less than what it was 10 years ago, and only 2 from ST. This skew within skew is because even after the Constitution 77th Amendment Act of 1995 inserting a new Clause (4A) in Art. 16 to reassert reservation in promotion for SC and ST post-Indra Sawhney judgment of 1992, without any limitation of level of promotion, the old rule of limiting it only to the first level of Group ‘A’ has been reintroduced. This can be explained on the basis that those who approved of that rule do not want to see SCs and STs in higher positions and want to delay the process as much as possible. There is no justification for the fear that higher levels will be flooded with unqualified people because only when an employee, whether of SC or ST or General category, fulfills the prescribed qualification, will he or she be promoted.

5.1.10 Dilution of Reservation – Privatised PSUs and Revised Roster 1997

5.1.10.1 One of the methods by which it has been sought to dilute the gains of reservation was not to continue reservation in PSUs, which were privatised. This loss to Dalits and backward classes could have been prevented by simple expedient of making a provision in MOU that reservation for SC and ST and BC should be continue to be mandatorily be applicable as before privatisation and making any future changes also applicable. This simple step was not taken even though it was a Dalit Manifesto based commitment of 1996 and a specific item in the recommendations of All Party SC and ST Leaders in 1999.

5.1.10.2 A still unrectified mischief was to misinterpret the Supreme Court’s direction in the Sabherwal case and on the basis of that misinterpretation, the Roster of 1992 in which SC and ST were at serial No.1 and 3 or 4 were pushed down in the revised Rosters of 1997 respectively to 7 and 13.

5.2 Land Issues

5.2.1 Truncated Land Reforms – Scuttling of Land to all Dalits

5.2.1.1 Landlessness and agricultural servitude of SCs has been and still is one of the basic features of Dalit conditions, the Indian Caste System and consequently of the inherited Indian socio-economic structure. The slogan of “Land to the Tiller” of the nationalist movement was most appropriate to the nature of India’s economy. It ought to have meant land to every tiller and no land to any non-tiller or dispossession of land from every non tiller. “Tiller” and “non Tiller” ought to have been interpreted strictly. The first goal ought to have been to release Dalits from their age old agrestic thraldom by making every rural Dalit a land owner and fully developing their land. If this had been done, they would have been empowered in their struggle against “untouchability” and this blot on Indian society and nation could have been quickly brought to an end and the emergence of the spectre of Atrocities (of which the latest in a long line but not the last is Khairlanji. But continuing the legacy of colonial time laws and their interpretations (e.g. Madras High Court interpretation of “Ryot” and “Ryoti Land” occurring in Estates Land Act, 1 of 1908), these terms used and applied in a loose manner. Consequently the various Land Reforms Acts enacted half-heartedly and slowly in different States left Dalits in virtually the same plight of overall landlessness, agricultural labour hood and social and physical vulnerability as in the centuries before. It is true that there were some quantitative changes mainly through allotment of some wastelands in some States in some periods when some persons of governance took interest. But this quantitative change is far from the qualitative change and transformation and consequent empowerment to resist “untouchability” and atrocities that Dalits needed and were entitled to and the Constitution mandated. The leadership of Constitutional organs, upper caste elite, political parties and elite civil society dominating the commanding heights of government and other institutions are responsible for today’s continuing rampant untouchability and atrocities against Dalits, their all-round weakness and the consequent stunting of India’s optimal growth.

5.2.2 Present Low SC Share of Land – Unfulfilled CMP Commitment for Comprehensive Minor Irrigation of all SC and ST Lands

5.2.2.1 Scheduled Castes are at present not totally landless. In spite of adverse factors, some of them in some places clung to pieces of land to a very limited extent. In the traditional systems in many parts, they were collectively given some land, out of which they were to obtain their sustenance for survival with the attached condition of rendering customary services prescribed by caste society for them, known by various names, inams, balutas, etc. One of the issues taken up by Dr. Babasaheb Ambedkar, which is not widely known now is his fight before India became independent, to get full and unconditional ownership of such lands to Balutedars. Post-Independence, the limited land reforms conferred full ownership rights on such minor Inamdars and Balutedars releasing them from the old conditions of service. They also got limited lands through land-ceiling and re distribution legislations --- according to official statistics 18.03 lakhs Acres distributed to 20,80,000 SCs as against the total number of 2,79,41,787 SC rural households but a part of it has not really reached the SCs. Much of the projected surpluses evaporated with concealments and even brazen violations of law and through protracted legislations. Some lands came to them also through allotment of Government wastelands/ porambokes/ gair mazarua aam lands. As a cumulative result of these developments after the earlier ICS prohibitions and restrictions, at present, SCs possess 7% to 8% of the cultivated lands of India, with regional variations against the rural population proportion of nearly 20%. But these lands are generally outlying in the villages, and very poorly developed. SC share of lands with secure irrigation is even less. Though SC share of lands held is much less than normal in proportion, what they still have is still a substantial base for sustained development. It ranges between 12 million to 13 million hectares of land. If all these lands were brought under irrigation through minor irrigation works like community bore wells, community tube wells etc., a substantial portion of SC agricultural labourers with a little land would be able to grow three crops, cease to be labourers, and march towards economic independence with capability to afford to spare their children to school. Proposals in this regard were formulated by the Ministry of Welfare in 1990 but spurned by the Planning Commission. It was pressed on political parties in Government by the Dalit Manifesto and subsequent documents. It was a CMP commitment of UF Government and is now an NCMP commitment of the present UPA Government, remaining yet to be fulfilled despite its crucial significance. The same is the story with the STs, whose share of land held is satisfactory compared to their population but whose share of irrigated land is meagre. The proposals for SC and the demands and commitments cover ST also.

5.3 Education

5.3.1 Support of Post Matric Scholarships, Centrally Sponsored Schemes and Reservation

5.3.1.1 For Dalits, apart from relief from landlessness and agricultural thraldom, education has been all-important. This was no doubt significantly helped by the PMS and other Centrally sponsored schemes which were introduced during the course of time like hostels, book banks, etc.; but something more needed to be done to reach out to the Dalit masses.

5.3.2 Absence of All Out Drive for Reaching Education to Dalit Masses

5.3.2.1 Considering the cruel way in which Dalits were barred from education (remember Mahabharata’s Ekalavya’s Thumb) and even the tentative steps of foreign rulers who recognised superior Dalit potential to reach modern education to them, and the consequent near total illiteracy and scarce presence in higher education, among the earliest measures ought to have been an all out drive to make high quality education at all levels and in all fields actually available to all Dalit children. This is one of the most neglected areas of post-Independence India, except to the extent made possible by the post-matric scholarship scheme, a pre-Independence Ambedkar Legacy – continued to this day with truncation and sly efforts at termination/ crippling attempted by planners and allocators of financial resource – and reservation in education. By forcing Dalit masses to continue in agricultural and other servitude, education esp. higher education was made as inaccessible to as large a proportion of Dalits as possible. The limited number who could still manage to clear all the hurdles and climb up the ladder are sought to be penalised by being dubbed as “creamy layer”, as though they and not the saboteurs of thorough-going land distribution to all rural Dalits (and other rural landless labour) and high quality education for all Dalits (and other deprived), were responsible for preventing the benefit of reservation reaching out to Dalits yet unreached. This is a continuance of the caste policy of the past centuries and of the latter 19th Century.

5.3.4 Two Most Neglected Areas – Land and Education for All Dalits

5.3.4.1 As a result of this failure in achieving total educational parity for the Dalits with the advanced sections, along with the failure to take the important step of providing every rural Dalit family with land for progressing towards economic liberation were among the worst failures of the Indian State and of the Indian elite towards the Dalits. This has virtually kept them in the same conditions as before except for the small section which could break out with the help of PMS reservations and hostels, and apart from some progress in literacy and some quantitative progress in other levels of education. This has also reduced their capacity to resist “untouchability” and assert equality

5.4 Untouchability Problem

5.4.1 Radical Mandate of Art.17

5.4.1.1 The problem of “untouchability” was well recognised by the pre-Independence nationalist leadership. This recognition was reflected in the Yeravda Act as a national commitment to fight for its eradication. This commitment was later reflected in the Art. 17 of the Constitution which laid down as follows:
“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” should be an offence punishable in accordance with law.”
But an evil does not disappear only by declaring that it is abolished. The declaration needs to be followed by an appropriate action.

5.4.2 Slow and Casual Legislative Follow up of Art. 17

5.4.2.1 The watershed of Article 17 ought to have been immediately followed up. But it took 5 ½ leisurely years to enact the Untouchability (Offences) Act, 1955 (note seriousness and sense of priority of India’s post-Independence leadership). There was immediate realisation of weaknesses of the Act. But it took another 17 years to introduce the “Untouchability” (Offences) Amendment and Miscellaneous Provisions Bill in Lok Sabha in 1972 and another 4 years to pass it in 1976 (note again seriousness and sense of priority of the Leadership) as the Protection of Civil Rights Act, 1955 with stronger provisions, but still inadequate.

5.4.2.2 Implementation of PCR Act – Reduced to a Farce

5.4.2.3 The deficiencies in the Act have been compounded by severe deficits of implementation all along the line, presenting a very dismal picture.

5.4.2.4 A number of States are reporting nil against new cases registered in the year, which is far from reality. For example, UP in all the last 5 years, Uttaranchal from the first year of its creation till now, Gujarat in 2000, 2001 and 2002, Bihar in last 4 years and Rajasthan in 2001 and 2003. States which used to register a larger number of cases earlier seem to have began to switch off and the result is tragic-comical anomalies inter-year for the same State, interstate between neighbouring States with comparable “Untouchability” situation and State wise proportionalities in all-India total. Tamil Nadu, which registered more than 30 fresh cases in 1999 2000 has suddenly dropped in the subsequent years with only 3 in 2003, though there is no let up in the virulence or the prevalence of untouchability there. Neighbouring Andhra Pradesh has been registering fresh cases in hundreds in all these years with 495 in 2003, which is nearly 3/4ths of all-India total of 651. The registration and variations are apparently the product of casualness and in some cases perhaps even election-related remote controls.

5.4.2.5 Of the total number of cases with police at beginning of each year including those Brought forward from previous year only 1/8th to 1/5th have been charge-sheeted in Courts in the recent five years from 1999 to 2003, the best performance being only 30%, and the worst 13%. Trial completed cases are 13% to a maximum of 29% of total cases pending in courts at year- start including balance from previous year. Only 0.56% of trial-completed cases ended in conviction in 2003, a meaningless 13 out of 2348 and more than 99% or 2335 ended in acquittal. The geographical spread of convictions is patchy, and most of the few convictions are bunched up a half-dozen States and UTs.

5.4.2.6 Many States are thus studded with zero to nominal registrations, zero convictions and overload of acquittals.

5.4.2.7 The annual reports do not contain any indication either of the State Government or the Central Government making efforts to fulfil the specific mandates of Section 15 A. Nor do they show any application of mind to critically identify deficiencies and anomalies and correct them.

5.4.2.8 Such is the farce that implementation has been reduced to. There is not even an effort at make-believe.

5.4.3 Official Statistics versus Ground Reality

5.4.3.1 The all-India as well as State-wise figures do not mesh with the ground-level reality of rampant “Untouchability”, and the picture belongs to a different world away from reality. The following are some aspects of ground reality: -

5.4.3.2 Untouchability in its classic expressions known all over India, as exemplified by Mahad in 1927, continues to exist in many parts of India. The Act and the machinery thereunder are not able to reach out to most of the victims in the villages or to alter the situation there significantly.

5.4.3.3 Some of the “classic” expressions of untouchability have ceased to be practised in some parts of the country-a silver lining to draw hope from.

5.4.3.5 Some of “classic” forms of “Untouchability” have been modified in some parts of the country.
5.4.3.6 Some neo-modern forms of “Untouchability” have appeared in rural as well as urban areas in many parts of the country, in keeping with new developments. For example, village teashops are a recent phenomenon in many villages. With this have arisen a variety of discriminatory practices such as not seating, separate seating, separate glasses, usually old, dirty and cracked or chipped.

5.4.3.7 In many metropolitan areas, “Untouchability” has seemingly attenuated, but is practised with sophisticated concealment in variety of ingenious ways, revealing creativity worthy of a better cause. In many modern offices, Dalits have to suffer snide remarks and quiet and neat acts of discrimination.

5.4.4 New Wind – Dalit Mobilisation for Temple Entry in Orissa and Rajasthan

5.4.4.1 Dalits have been left to their own meagre resources, with little or belated, grudging and limited support from the State and force their way through barriers, as they did into the Jagannath Temple in Keradagada of Orissa’s Kendrapada District and Chamundadevi Temple in Sulia in Rajasthan’s Bhilwara District. But these courageous instances of Dalit mobilisation still require sustained and persistent total State support. For example, in Keradagada, after Dalits purified the temple by their entry for the first time in the 300-year history of the temple, a re polluting exercise in the name of “purification ceremonies” with closure of the temple, stoppage of customary pujas etc. has been commenced by the priests and the upper caste people of the village. There are the beginnings of social and economic boycott of the Dalits who are outnumbered by 2:1. Storm clouds of another atrocity on a mass scale is brewing. Therefore, there is no alternative for the State for performing its Constitutional duty to sustain the advance registered by the local Dalit mobilisation. Such sustained duty of the State now will have to include, if necessary, immediate arrest of the anti-Constitutional ringleaders of the obstructionists, quick trial and conviction, collective fine, etc. and such other punitive measures with a firm hand. Externment of ringleaders would be a solution, but it is not available now unless Section 10 of SC and ST (Prevention of Atrocities) Act is amended, vide next sub Section.

5.4.5 Centrally Sponsored Scheme and its Use

5.4.5.1 One of the Centrally Sponsored Schemes introduced after Independence was Machinery for implementation of the PCR Act (later SC and ST Prevention of Atrocities Act was added in 1990). This has no doubt been of some help, esp. in earlier periods. But by itself, it cannot and has not made any significant difference to the “untouchability” situation in the face of the indifference of the State to the PCR Act and its implementation.

5.5 Atrocities

5.5.1 Arrival of Atrocities

5.5.1.1 A new problem facing Dalits in the post-Independence period is atrocities. Atrocities have emerged as a new instrument of Dalit oppression in the situation in which Dalit awareness has grown and they have rejected the ICS ideology and psychology and subservience but they remain virtually as vulnerable as before. The Khairlanji atrocity of September 2006 is not the first to shake the nation – nor will it be the last if the Indian State at the Centre as well as State levels continues to dither and turn a Nelson’s eye towards atrocities when they are brewing as now in Keradagada and towards atrocities in progress where there is no organised pressure on Government as in Kadkol in Bijapur District of Karnataka. Before Khairlanji, there have been other gruesome atrocities like Ramanathapuram riots of 1959, and Kilavenmani holocaust (24/25.12.1968) in Tamil Nadu; Belchi (27.5.1979), Pipra (26/27.2.1980), Nonhi-Nagawa (16/17.6.1988), Damuha-Khagri Toli (11.8.1988) in Bihar; Karamchedu (17.7.1985) and Tsunduru (6.8.1991) in Andhra Pradesh; Kafalta (9.5.1980) and Panwari (2.6.1990) in Uttar Pradesh; Nathdwara (23.6.1988 and different dates of 1988 and 2004) and Kumher (6.6.1992) in Rajasthan; Gohana (13.1.2005) in Haryana.

5.5.2 Advent of SC & ST (Prevention of Atrocities) Act

5.5.2.1 A system of monitoring Atrocities was commenced by the SC and BC Development Wing of Ministry of Home Affairs in 1976. To more effectively deal with this growing menace, a pioneering legislation known as the SC and ST (Prevention of Atrocities) Act 1989 was enacted. It was operationalised in January 1990 with effect from 30.1.1990, the date of Mahatama Gandhi’s Martyrdom Day.

5.5.2.2 The Act came as a watershed in the jurisprudence of protection for the SC and ST and their better coverage by the Right to Life under Article 21. Its potential was immediately recognised by scholars and also by certain Chief Ministers belonging to the States Dominant Upper Caste (DUC) or Dominant Middle Caste (DMC) including DMCs of land owning Upper Backward Classes (DMUBC), who tried soft-pedalling/backsliding tactics. Over time it created a certain measure of confidence in SC and ST in some areas that they have a protective cover and a sense of wariness in the potential perpetrators of Atrocities. In 1990, the Centrally Sponsored Scheme of Assistance for Machinery for the Implementation of PCR Act was also extended to POA Act. Yet atrocities continue, as basic contradictions, vulnerabilities and root causes continue to be not effectively addressed and corrected and the full impact of the Act is not available on account of deficiencies in the Act (pointed out and known at the very beginning) and in various aspects of the implementation of the Act.

5.5.3 Basic Contradictions, Vulnerabilities and Root Causes Leading to Attrocities

5.5.3.1 As a result of the Traditional Indian Socio-Economic structure and system, and still largely prevalent today, most of the SCs live typically in a situation where they are the major segment/majority of Agricultural wage labourers but a minority of the Population. Their numerical vulnerability is accentuated by the socio-psychology of the ICS precluding support for them from labourers of other castes whose affinity is unfortunately more towards the large land-owners of their respective castes. This is true of not less than 80% of SCs as they are less urbanised [only 20% as against 32% of All in 2001]. Juxtaposition of a caste of Agricultural Labourers (SC) with a caste of land-based DUC or DMC or DMUBC to which most of the large landowners belong, which is typical of the Indian Village, provides an explosive situation that can be ignited by any immediate spark. Dissonance caused by continuing economic dependence of SCs on their oppressors, on account of various facts of their existential situation, outlined above, even while they have rejected the ideology of inequality and subservience and Contradiction between socio-economic realities versus socio-ideological and socio-psychological; contradiction between aspiration for Equality from below and atavistic yearnings above is an important factor. Dalit demand for land better wages etc., are resisted by the large landed classes with the support of others of their castes Dalit resistance to various forms of discrimination and demand for /expectation of normal civilised inter-personal, inter-community relations is opposed especially by major land-owning and land-controlling DUCs, DMCs and DMUBCs The upward mobility that a small proportion of SCs have achieved through education and Reservation and consequent change in life-style is an eyesore to those who are accustomed to seeing SCs as only indigent and subservient labourers Even limited mobility and change in life-style achieved by a small proportion through their hard work and savings even without the aid of reservation and without significant levels of education is an eyesore to those who are accustomed to seeing them only in conditions of indigence and subservience. Even legitimate protection of their rights when encroached upon by others (eg. Encroachment on Balmiki Ashram land in Gohana by an adjacent lawyer of the DUC) is perceived as intolerable and insolent rebellion and is resentfully stored in the mind waiting for an opportunity to wreak collective “vengeance”. The much-trumpeted civil society (with a few honourable exceptions) is either hostile on account of their DUC/DMC/DMUBC–origin and consequent shared interest or indifferent on account of the Socio-psychology and Socio-Culture fostered over the centuries by the ICS and this has not been corrected by introduction of a new education system rooted in the humanist and Constitutional principle of egalitarianism.

5.5.3.2 These factors are compounded by the unwillingness/inability of the State to normalise the existential situation of the Dalits and actively intervene on account of leadership, both at National and State Level, being drawn from / being dependent on socially and economically powerful persons and families belonging to DUCs, DMCs and DMUBCs.

5.5.4 Deficiencies in the SC & ST (Prevention of Atrocities) Act

5.5.4.1 Deficiencies in the POA Act, which hamper its benefit reaching the Dalits promptly, effectively and fully, and because of which Right to Life under Article 21 has not been made a reality for them are enumerated here.

5.5.4.2 The provision in Section 14 (2) requiring State Government to specify for each district a Court of Session to be a Special Court to try the offences under this Act. This contradicts the very purpose “of providing for speedy trial”, because trial will not be speeded up by merely calling an existing Court (with all of its load of various cases) a Special Court. Instead the section ought to have provided and even now ought to provide for the establishment of an exclusive Special Court in each district exclusively to try the offences under this Act, on day-to-day basis and no other offences, which ought not to be any of the existing courts, with corresponding provisions for exclusive special public Prosecutor and Special Investigating Officer. This weakness was introduced not out of ignorance as the concerned individuals had before them this alternative and chose not to accept it. Section 3 in the Act does not list among the crimes of Atrocities Social Boycott, Economic Boycott, Social Blackmail and Economic Blackmail, which are realities faced by Dalits whenever they make just demands or resist injustices or asserts their rights. Section 3 (2) the Act does not provide death sentence for murder where the court consider death sentence appropriate. The protection of Section 10 of the Act by externment is not available for the SC who are the main victims of the atrocities (more than 80% of Atrocities against SC and ST are committed on SC) while the share of SC in specifically in cases of arson and Grievous Hurt is close to 90%. Failure to take SC converts to Christianity (SCX) or Dalit Christians within the protective umbrella of the Act, though SCX have been subjected to Atrocities, not because of their religion but because of the same reason why SC Hindus have been victimised. This was among the issues, which held up the commencement of the trial proper in the case of the Tsunduru (06.08.1991) case till November 2004.

5.5.5 Weak Enforcement of POA Act, Protracted Trials, Heavy Acquittals – A Green Signal for More Atrocities

5.5.5.1 Thus, on the one hand the State has left the pioneering SC and ST (Prevention of Atrocities) Act (POA Act) with some critical weakness. On the other hand it has failed to ensure that even the Act as it is, is effectively implemented. The fact that trial in the gruesome Tsunduru massacre case of 1991 is still incomplete and trial has not even been allowed to start in another gruesome massacre at Kumher (1992) and most cases drag on, petering out in massive acquittals and few convictions acts as a green signal to more atrocities as a low risk enterprise. The debilitation of the Act starts from the beginning, by non-registration in many cases, delayed registration, registration under IPC instead of the POA Act; weak or distorted recording of FIR, omitting non-inclusion of powerful offenders of dominant castes; slow and casual or hostile investigation; non-arrest of the accused/main accused etc. foredoom the trial.

5.5.5.2 Of the cases registered in a year and the backlog, only about 50% to 60% have been charge-sheeted in the courts. In most of the recent years, trial was completed only in 8% to 14% of cases charge-sheeted including the previous year’s backlog. Of the trial completed cases only 11% to 13% ended in conviction and 88% to 89% petered out in acquittal or discharge. Of the total cases in courts in each year, convictions formed only 1% or 2%. Statistics of new case registrations throw up anomalies as in the PCR Act. An example is the sudden and steep and prima-facie inexplicable fall of new cases registered in Uttar Pradesh from 9,764 in 2001 to 5,841 in 2002 and 1,778 in 2003. All in all, though the Act has given some sense of security to Dalits in some areas, its effectiveness has not measured up to its potential and purpose on account of deficiencies in the Act and the slow progress of trial and large-scale acquittals.

5.5.6 New Trend – Spontaneous Dalit Mobilisation against Atrocities

5.5.6.1 The latest gruesome atrocity in Khairlanji led to spontaneous protest mobilisations in Maharashtra further fuelled by the collective atrocity of disfigurement of Dr. Babasaheb Ambedkar Statue at Kanpur. These protests forced the Government’s hand to take the action which they had neglected till then, though initially it tried to sweep the matter under the carpet by vaguely alleging Naxalite hand and conspiracy. This has highlighted the importance of mobilisation of Dalits and their sympathisers whenever atrocities take place. Such mobilisations should be peaceful and free from violence.

5.6 Planned Development of Dalits

5.6.1 Centrally Sponsored Schemes – Their Uses and Limitations

5.6.1.1 Another major issue after Independence was adequate funding for Scheduled Castes and Scheduled Tribes for their planned development. After the era of planning started in 1951 (the First Five Year Plan), a number of Centrally Sponsored Schemes (CSS) were added over time to PMS initiated by Dr. Babsaheb Ambedkar. A list of the CSS for SC and ST is given below:

A. Centrally Sponsored Schemes for SC /Jointly for SCs & STs
1. Post-matric Scholarships for SCs & STs
2. Aid to Voluntary organizations
3. Girls Hostels for Scheduled Castes & Scheduled Tribes
4. Coaching and Allied Scheme
5. Machinery for Implementation of PCR Act [Prevention of Atrocity Act also added in 1980]
6. Pre-matric Scholarships for children of those engaged in unclean occupations
7. Book Bank Scheme for SC & ST students in Medical/Engineering Colleges
8. Central Assistance to States for investment in share capital of their SC finance & Development Corporations
9. Liberation & Rehabilitation of Safai Karamcharis and their families
10. Research & Training
11. Upgradation of Merit of SC & ST student.
12. Ambedkar Foundation
13. Rajiv Gandhi National Fellowship for SC & ST M. Phil & Ph. d Students.

B. Non-Plan

Overseas scholarship Scheme for SC & ST

Note: Most Schemes for SC and ST have been bifurcated since 1999

C. Centrally Sponsored Schemes for Scheduled Tribes

1. Vocational Training in Tribal Areas
2. Educational Complexes in low Literacy Pockets for development of women literacy in tribal areas
3. Investment/Price Support to TRIFED
4. Grant-in-Aid to State Tribal Development Cooperative Corporations for Minor Forest Produce
5. Development of Primitive Tribal Groups
6. Construction of Adivasi Bhavans
7. Promotion of Tribal Culture
8. Rajiv Gandhi National Fellowship for ST Students
9. Establishment of Ashram Schools in Tribal Sub Plan Area.
10. Research Information & Mass Education, Tribal Festivals and Others
11. Information Technology

5.6.1.2 The CSS have their use and made their contribution and their effectiveness varies from State to State and time to time. But they were not intended to bring in all the Plan resources and planned developmental benefits for Dalits. The idea was that the sectoral plans should meet the major developmental needs of Dalits and contribute the major part of the Plan resources required for them. The special schemes in the Dalit sector were expected to be only catalytic and supplementary to the sectoral Plans. But this did not happen. Neither the Planning Commission nor the sectoral Ministries/ Departments made any special exertions or Plans for Dalits.

5.6.2 Emergence of Special Component Plans for SCs and Tribal sub Plan

To correct this, two innovative Plan mechanisms were devised in the latter 1970’s, namely the Special Component Plan (SCP) and Tribal sub-Plan (TsP) in order to channelise schemes from every sector and corresponding Plan resources to SC and ST. They were the two prime instrumentalities to carve out population-equivalent percentage of Plan schemes and resources for SC development and tribal development. This was buttressed by another momentous step by introducing Special Central Assistance (SCA) to the SCPs of States. These measures received a boost from Prime Minister Indira Gandhi’s two historical letters dated 12.03.1980 to all the State-Chief Ministers/Governors and Central Ministers clearly bringing out the plight of SCs and emphasizing the importance and objects of Special Component Plan for SCs. In view of their historical and evocative value copies of the letters are enclosed. State TsPs also had separate SCA. This twin-instrumentality helped to channelise larger Plan resources to Dalits. But after early years and occasional spurts, it has been blunted by being routinised and trivialised and avoiding progress to improved methodology of integrated planning for SC and ST based on their own developmental needs, priorities, and specificities. The concept of setting aside a population-equivalent proportion of the total Plan resources, before sector allocations are made, as the Corpus of the SCP with reference to which an integrated comprehensive plan for SCs should be formulated, was in the mind when SCP was conceived in 1978, and was formally articulated in 1983 when the initial consultations for the Plan started. In 1990, on the proposal of Ministry of Welfare, the then Chairman ordered the setting apart of 15% and 7 ½% of SCP and TsP. But with the change of Government, this was consigned to the limbo. This has been pressed for in the Dalit Manifesto and subsequent documents. This idea crucial to integrated and comprehensive Dalit development awaits fructification.

5.6.3 Emergence of SC and ST Development Corporations

5.6.3.1 Banks and financial institutions are shy to lend to the vast majority who are asset less and need financial assistance for asset generation and income growth. In order to facilitate flow of bank finances, the idea of developmental financial institutions for Dalits was conceived. States like Punjab, Andhra Pradesh and Karnataka pioneered the establishment of State SC Finance and Development Corporations (SCDCs). In order to help such SCDCs to expand their activity and to encourage other States to set up similar Corporations, a Centrally Sponsored Scheme of Central Assistance to State Governments to invest in their SCDCs were started in 1978. This was the first CSS with economic content undertaken by the Centre. Subsequently, National SC and ST Development Corporations and National Safai Karamchari Corporations were set up. These National and State Institutions helped to promote remunerative and commercial self employment and entrepreneurial activity among Dalits to some extent.

5.6.4 Proviso to Art.275 (1)

5.6.7.1 In the case of STs one more instrumentality of development is provided by Proviso to Article 275 (1) in the shape of Grants-in Aid to States for Schemes for the welfare of STs and raising the level of administration of Scheduled Areas.

5.6.5 Sum up : Some Achievement and Gross Failure - Why

5.6.5.1 This profusion of schemes, developmental instrumentalities and laws no doubt improved matters for Dalits, the result of this is seen in every office, in every institution in the Governmental and public sector. Dalits have entered places where they were never or rarely to be seen before Independence. But all these improvements are far short of what was required and is still required for bringing a qualitative root and branch transformation in Indian society and the place of Dalits in it. This could have been possible but has not been possible. So near, yet so far. This was because of the leadership of the Indian society and the Indian State and the main political parties, esp. after passing of the pre Independence generation was bereft of the vision of an egalitarian India, as mandated by the Constitution. Specifically for the Dalits, that vision required economic liberation, educational parity at all levels and fields, and social and personal dignity. This was totally missed. One consequence was the scuttling of total land reforms from the landless Dalit point of view and massive education for Dalits encompassing all stages, levels and fields.

5.6.5.2 The post-Independence weaknesses and deficiencies can be traced to two basic weaknesses in Indian society identified by Dr. Ambedkar on 25.11.1949, viz., the complete absence of equality and deficiency in the recognition of the principle of fraternity. While awareness of their plight and its causes and as resentment against their continued oppression and deprivation grew apace in the Dalits, especially in the younger generation, the moral sensitivity that existed during the Independence struggle and sometime thereafter in the advanced sections of society waned, especially in the younger generation. Those belonging to the classes which are responsible for the exploitation and deprivations of the SCs, STs, and BCs infiltrated into positions of power and influence in and over political parties and governments in India. The shadow cast by them on India’s polity grew darker with each passing year. The failure of the political leadership to keep such elements at arm’s length and demonstrate by action solidarity with the Dalits in the removal of their sufferings and the fulfilment of their just aspirations inevitable led to their alienation. It is this process and its by-product that has led to the fragility of India’s polity, which no amount of cosmetics and formal dressing-up will alter.

5.6.5.3 The Constitution-vision and Ambedkar-vision of an egalitarian integrated India remains yet to be realised.