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SECTION-VII

What Then Should We Do? ---
Roadmap for Resolving Existential Problems of Dalits ---
Towards Integrated Egalitarian Society

7.1
Introductory
   
7.1.1
There have been plenty of studies of Dalits. What the Dalits now want is a blue print of action and based on it substantive action to completely change their economic and social conditions and their living and working conditions and ensuring real Equal Opportunity for them and their children.
7.1.2
The road map for this has to be based on a Vision --- the vision of economic liberation, educational parity and social and personal dignity for Dalits, laying the foundation of an integrated egalitarian society. Such a road map of action and action points has been drawn and made available to different political Parties and Governments, and placed in the public domain by the “Dalit Manifesto (DM), Incorporating the Rights and Entitlements of Scheduled Castes, Scheduled Tribes and Backward Classes” on 7.3.1996; Memorandum of the Parliamentary Forum of SC and ST MPs dated 17.12.1996 to the P.M. (and repeatedly presented subsequently to successive PMs); Recommendations of the “Drafting Committee” of All-Party SC and ST Leaders prepared at the end of the Government-organized Convention of 5-7.12.1999; White Paper of the First National Convention of the SC and ST Forum of the Indian National Congress (20.1.2000) and the expanded White Paper (30.1.2000) based on the discussions at that National Convention; the Bhopal Declaration (12-13.1.2002); and Chapter – 10 of the Report of the National Commission for Review of the Working of the Constitution (2000-2002) read with its Background Note; all wholly or substantially covering the same ground as the DM, and the Himalaya Proclamation 17.04.2006 subsuming the points contained in the foregoing. Recently a sub-group of the Committee of Minister on Dalit affairs the entire issue and made its recommendations to the Committee. As many of these documents as possible are being enclosed as Annexures hereto for wide public information.
7.1.3.
Benefiting by all these efforts and documents, the following are some of the major lines of action required.
7.2
Right to Life and Protection from Atrocities
7.2.1
Right to Life under Article 21 of the Constitution is the most basic of all rights. Even this, in the elementary literal sense, has not been made a reality for Dalits. This will require not only legal measures but also economic measures and educational action described in an earlier section. So far as legal measures are concerned, the SC and ST (Prevention of Atrocities) Act needs to be strengthened and its thorough implementation has to be taken seriously by the Central and State Governments. The following specific steps are required for this purpose.
7.2.1.1
An exclusive Special Court of Session should be established in each district, in keeping with the spirit and purpose of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act 1989 (P.O.A. Act) and, in particular of Section 14 thereof, which has not been implemented by any State and has been marginally implemented by two or three States;
7.2.1.2
These exclusive Special Courts of session should try only cases of Atrocities against Scheduled Castes and Scheduled Tribes and should try these cases on day-to-day basis, and should not be entrusted with any other cases;
7.2.1.3
Special Investigation Officers and Special Public Prosecutors should be appointed exclusively for the investigation and prosecution of cases of Atrocities against Scheduled Castes and Scheduled Tribes and they should not be entrusted with any other work;
7.2.1.4
The judges of these Courts of Session and the Special Investigation Officers and Special Prosecuting officers should be appointed from panels prepared on the basis of their record of and reputation for upholding the Rights of Scheduled Castes and Scheduled Tribes especially their Right to Protection from violence;
7.2.1.5
These posts should never be kept vacant;
7.2.1.6
These judges and, investigating and prosecuting officers should be provided with adequate supporting staff and facilities, which should not be less than what is provided for officers of similar rank in the “mainstream” posts in their respective departments/set-ups; and they should not be prevented from functioning optimally by being starved or partly starved of the supporting staff and facilities required for the efficient discharge of the functions;
7.2.2
The following amendments should be carried out in the POA Act, in the very next Session of the Parliament. But the measures at (1) to (6) above can and should be implemented without waiting for the amendments:
7.2.2.1
Section 14 should be amended as follows:
“Special Court – (1) For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the official gazette, establish in each district, a Court of Session to be Special Court exclusively to try the offences under this Act.
Provided that in respect of districts where there are no atrocities against Scheduled Castes and Scheduled Tribes at all, the Government may, with the concurrence of the National Commission for Scheduled Castes and National Commission for Scheduled Tribes, either exempt such district or districts from this provision or combine such district(s) with any other neighbouring district(s) for the purpose of establishing exclusive special courts;
(2) The Special Courts set up under this provision shall not be the same as any of the existing courts of session;
(3) The exclusive Special Courts shall try offences under this Act on day-to-day basis;”
7.2.2.2
Section 15 of the POA Act should be amended as follows:
“ 15 (1) Special Public Prosecutor- For every Special Court, the State Government shall, by notification in the Official Gazette, appoint a Public Prosecutor or appoint an Advocate who has been in practice as an Advocate for not less than seven years, as a special Public Prosecutor, for the purpose exclusively of conducting cases under this Act in that Court;
“ 15 (1) Special Public Prosecutor- For every Special Court, the State Government shall, by notification in the Official Gazette, appoint a Public Prosecutor or appoint an Advocate who has been in practice as an Advocate for not less than seven years, as a special Public Prosecutor, for the purpose exclusively of conducting cases under this Act in that Court;
“ (2) Special Investigating Officer – For every Special Court, the State Government shall, by notification in the official gazette, appoint a Police Officer as Investigating officer exclusively for the purpose of investigation in respect of case of offences under this Act ;”
7.2.2.3
The following new Section should be added in the Act:
“Section 15 (A)
(1)
The Judges of the exclusive Special Courts of Session and the special Investigating officers and Special Public Prosecutors shall be appointed from panels prepared on the basis of their record of and reputation for upholding the Rights of Scheduled Castes and Scheduled Tribes especially their Right to Protection from violence.
 
(2)
The exclusive Special Courts, and their judges, Special Public Prosecutors and Special Investigating officers shall be provided with adequate staff and facilities, so that the discharge of their function is not impeded.
 
(3)
The Posts of Judges, Special Investigating Officers and Special Public Prosecutors shall never be kept vacant.”
7.2.2.4
Sub-Section (2) of Section 3 of the POA Act should be amended to include the following crimes against Scheduled Castes and Scheduled Tribes as Atrocities and to make them punishable with imprisonment for a term of not less than six months but which may extend upto seven years with fine:
-
Social Boycott;
 
-
Economic Boycott;
 
-
Social Blackmail;
 
-
Economic Blackmail
 
-
Occupation of Cultivable Government Land by ineligible non-SC non ST persons;
 
-
Non-payment of Statutory wages or giving toxic substances like Kesri Dal as wages in kind to SC or ST agricultural labourers;
 
-
Preventing elections to SC-reserved or ST-reserved posts or interfering with normal functioning of SC or ST Presidents of Panchayats and other local bodies.
 
7.2.2.5
Sub-Section (2) of Section 3 should be amended to provide for death sentence for murder in addition to imprisonment, as provided in Section 302 of the Indian Penal Code, and for mandatory death sentence for multiple murders, multiple or mass-rapes and gang-rapes.
7.2.2.6
In order to make the protection of Section 10 available to Scheduled Castes also, the words “or in any other area of any district” shall be added in sub section (1) of Section 10 after the following existing words:
“…. in any area included in Scheduled Area or Tribal Area as referred to in Article 244 of the Constitution ….”
7.2.3.1
Protection of complainants, victims/ survivors and kin of victims and witnesses is extremely important as such persons were Dalits or speak the truth for Dalits are most vulnerable to harassment, threats or even attacks by those who perpetrated the atrocity and their kin and associates.
7.2.3.2
The victims of atrocities and their families should be provided with full financial and other support to become economically self-reliant without their having to seek wage-employment from their very oppressors and classes of oppressors and the State shall immediately take over the education of the children of such victims/such families in the best schools and colleges of their choice available in the State/in this country upto the level of the choice of such children/families, fully at State cost including the cost of their food and maintenance;
7.2.3.3
In case of attacks collectively on Scheduled Castes or Scheduled Tribes in any village or urban locality, the State should immediately provide full financial and other support and takes all steps to make, all SC and ST families of that village or urban locality economically self-reliant without any of their members having to seek wage-employment from any individual and take over the education of all SC and ST children of such village/urban locality in the same manner and to the same extent as mentioned in para 8 above.
7.2.3.4
Every SC and ST victim of rape should be forthwith given a permanent Government/quasi – Government job of the highest level appropriate to her educational qualifications, in the Ministry/Department/PSU/Public Financial Institution/other Public Sector organisation of her choice and at least of the Group D/Class-IV level if she has no educational qualification at all. If there is no vacancy, a supernumerary post should be deemed to have been created forthwith for her appointment. The District collectors/Heads of Department/Heads of Department/Heads of PSU/Heads of PSU/Heads of Public Financial Institutions/of other Public Sector organisations should be authorised and mandatorily required to make such appointments with effect from the date of the atrocity. The State should also take over the responsibility of arranging her marriage if she is unmarried or divorced or widowed at the time of the rape.
7.2.4
A special wing of the Rapid Action Force should be constituted to deal exclusively with Atrocities against SCs and STs and similar Wings/Forces should be constituted in each State.
7.2.5
The measure at Paras (7.2.3.1), (7.2.3.2) and (7.2.3.3) above shall be incorporated in statutory rules under clauses (iii) of sub section (2) of Section 21 of the POA Act within three months of the formation of the Government after the ensuing election to the Lok Sabha. But they can and should be implemented without waiting for the issue of such Rules.
7.2.6
A special scheme should be drawn up to effectively prevent any form of disrespect to their statues of Dr. Babasaheb Ambedkar, as aberrant behaviour in this regard has become a form of collective atrocity against S. C. and S. T. apart from being an insult to the Nation and thereafter this should be suitably incorporated in the P. O. A. Act.
7.3
Right to Life free from “Untouchability”
 

7.3.1

The Right to Life under Article 21 of the Constitution goes far beyond mere physical survival, as interpreted in various judgements of the Supreme Court. This includes the Right to Life with self-respect. The practice of “untouchability” constitutes a fundamental attack on the self-respect of the Scheduled Castes. This requires the following measures:
7.3.1.1
The Protection of Civil Rights Act 1955 (PCR Act) should be implemented sincerely, seriously and honestly;
7.3.1.2
Inter-alia a special Mobile Court should be established in each district exclusively for trying cases under the PCR Act on the spot. The optional provision at clause (iii) of sub-section (2) of Section 15 (A) of the PCR Act, should be made mandatory by the amendment of the Act in the next Session of the parliament; but this provision can and should be implemented without waiting for the amendment.
7.3.1.3
Where there is no practice of “untouchability” at all in any district, the Government may, with the concurrence of the National Commissions for SC & ST, either exempt such district or districts from this provision or combine such districts (s) with other neighbouring district(s) for the purpose of establishing special mobile courts under this Act.
7.3.1.4
The special Mobile Courts should be given vehicles, which should always be in running condition and should never be withdrawn from the Court for any other purpose;
7.3.1.5
Protection of witnesses and complainants is extremely important in PCR Act related cases for the same reason as mentioned with reference to atrocities cases.
7.3.1.6
It should be made the personal responsibility of every District Collector and Superintendent of Police, in so far as his/her district is concerned, to ensure that all measures as may be necessary for ensuring that the rights arising from the abolition of “untouchability”, are made available to, and are availed of by, the persons subjected to any disability arising out of “untouchability”, as the State Government is mandated to do by Section 15(A) of the PCR Act. The measures taken by them should be one of the specific criteria of Social Justice Clearance for every officer to become eligible for future promotions, as detailed lower down.
7.3.1.7
Every political Party should adopt at least one village and one town in every State where it is in power or it may come to power in future for total eradication of “untouchability” and make them “untouchability-free” by mobilizing all positive social forces including SCs and STs in addition to the official machinery;
7.3.1.8
A massive democratic movement should be launched against the practice of “Untouchability” in any form. Political Parties and non-political organizations, who are serious about elimination of “Untouchability” should take active initiative for mobilization and organisation of such movement.
7.4
Educational Equality and Parity
7.4.1
Educational support for Scheduled Castes and Scheduled Tribes has not been adequate quantitatively and qualitatively and there is disparity between them and the rest of the population at every level including the bottom-line level of mere literacy. Absence of total parity and absolutely “level playing field” in every level, phase and field of education will be fatal to the rights of Scheduled Castes and Scheduled Tribes to real Equality of career opportunity. The Right to Parity in Education at all levels is a part of the Right to Life under Article 21 and Right to Equality under Articles 14, 15 and 16. There is also the need to build up a large reservoir of highly educated Dalits who can provide leadership in every field of economic and other activity by fully utilising government, aided, private and foreign educational institutions, which is not being done now except to a limited extent through government institutions. Therefore the following special measures are required in Education –
7.4.1.2
Scheduled Caste Scheduled Tribe students should be got admitted in every good professional institution in the district/State/country, whether public or private, in the same proportion as the percentage of Reservation in education for them existing from time to time and shall be educated there upto the level of their choice. The Government should meet the full cost of the education and maintenance of each such student in accordance with the actual cost of study in each such institution and boarding and lodging expenses in a hostel attached to such institution(s) or in the absence of such attached hostel, in other appropriate hostel(s); and should also meet special fee, by whatever name known, wherever charged. It is welcome that the Central Educational Institutions (Reservation In Admission) Bill 2006 has been recently passed by the Parliament in its winter session 2006 and will become law in this year 2006. While this looks after reservation in Central and Centrally aided institutions, a similar bill in respect of Private Institutions, which is under preparation in the Ministry of HRD, pursuant to the Constitution 93rd (Amendment) Act 2005, is awaited. It is necessary that this is tabled early in the budget session 2007 and passed in that session itself so that reservation in private Institutions can take off from the academic year 2007-2008. Thereafter, close monitoring is required to ensure proper working of Reservation.
7.4.1.3
(a) One residential school each for Scheduled Castes and one each for Scheduled Tribes for boys and one each similarly for girls shall be set up in each district on the pattern existing in Andhra Pradesh, with 75 percent of the seats going to the candidates of the specific category of weaker sections and the remaining 25 percent for the candidates belonging to the other social categories of weaker sections and to the candidates of general categories. These schools should cover Class VI to XII In Districts where either SC or ST are too small in number, there may be one residential school jointly for both. This is the first stage; subsequently such residential schools should be set up in every Tehsil/ Mandal, residential elementary schools in every village and residential college in every District Headquarters. This facility shall be provided in private residential schools also in view of the large number of private institutions of general as well as specialised education at all levels set up in the past and that may be set up in future and the advantage that the candidates passing out of such institutions have --- this can be done under the Constitution 93rd (Amendment) Act 2005.
(b) A selection grade post of teachers with qualification not less than post-graduation should be created and such selection grade teachers should be appointed only in these residential schools.
(c) In view of the past background of the Kasturba Gandhi Swatantrata Vidyalaya undertaken in December 1996 with a provision of Rs.250 Crores pursuant to the commitment in the CMP read with the Dalit Manifesto, as a first step in this direction, and its commencement, on transfer to the Ministry of HRD in 2003, as Kasturba Gandhi Balika Vidyalaya limited to Class VI to VIII from 2004, it should be modified to fulfil the above original purpose as detailed above and in the Minutes of the first (and only) meeting of the Committee formed in 1996 97 for operationalising this scheme.
7.4.1.4
In districts where residential schools are not possible, at least one good hostel for SC & ST boys and one for SC & ST girls should be set up in each place where a high school/ higher secondary school or college exists. These hostels should be designed in such a manner that they may in future become the nuclei for residential schools. Where one hostel each is not adequate for all SC and ST boys and girls, additional hostels should be created in such places to the full extent necessary to accommodate all SC & ST students. NO restrictions like distance, rural/urban should be laid down, since the motivation for joining hostels arises not only from considerations of distance but also from considerations of facility for undisturbed studies.
7.4.1.5
In view of the fact that a sizeable number of students have qualified and increasing numbers will in future qualify from educational institutions of general as well as specialised /professional education in foreign countries and the career advantage that candidates passing out from foreign institutions have in this country, the Government should send, at its cost fully covering fees and other mandatory payments, maintenance and travel cost, SC and ST candidates in the same proportion in relation to the general category candidates who go to such institutions on their own or otherwise, as the percentage of reservation in education fixed for them from time to time, to good institutions in each such country in every area of education, every year.
7.4.1.6
The Selection of SC and ST candidates for admission to residential schools and other good schools and college and University, public as well as private, Indian as well as foreign, should be made on merit among them through competitive examinations with suitable weightage for candidates from families of agricultural wage-labourers, civic sanitation workers (i.e. those rendering “scavenging” services), bonded labourers, rural residents and so on and for girls.
7.5
Relevant Economic Development for Economic Liberation and Self-Reliance
7.5.1
The various safeguards provided for the Scheduled Castes and Scheduled Tribes in the Constitution cannot be fully or adequately secured in practice unless every SC and ST family is allowed and enabled and facilitated to become economically self-reliant, free from the compulsion to seek wage-employment from any individual. But on account of the traditional socio- economic structure of production and relations of production, buttressed by the operation of modern market forces and the failure to undertake thoroughgoing land distribution to all Rural Dalit families, at present a vast majority of SC families and ST families outside tribal areas are under compulsion to seek wage-employment from individuals, often belonging to communities which discriminate against SC and ST. This calls for the following special measures –
7.5.1.1
Economic development programmes for Scheduled Castes and Scheduled Tribes should not be made or allowed to remain like procrustean beds or distribution of insignificant amounts as subsidy or loan, but should be designed to fit the objective of economic self-reliance of every SC and ST family and economic liberation of Dalits, like
(i)
A comprehensive National Programme of Minor Irrigation i.e. irrigation for all irrigable but unirrigated lands held by Scheduled Castes and Scheduled Tribes, through wells, community wells, borewells, community borewells, tubewells and community tubewells, bandheras, check dams, lifts and other such minor irrigation sources for exploitation of surface or ground water or both conjointly according to the choice of the individuals or groups concerned, based on the ground reality and local situation (which will at one stroke liberate a substantial proportion of SC and ST families from the compulsion of agricultural wage-labour, bonded labour and child labour and migrant labour) ---- This is an unfulfilled commitment of the NCMP of the UPA government (also of the CMP of the UF Government read with Dalit Manifesto), which needs urgent fulfilment;
 
(ii)
Simultaneously where individuals SCs and STs with lands and wells/ borewells of their own, a group of such individuals apply for Power Connection for enegergisation of their wells/ borewells, Power Connection should be given to them on topmost priority, in a reasonable period not exceeding three months, waiving Security Deposit and other such fixed initial/ non-recurring charges;
 
(iii)
SCs and STs holding lands, should be given on priority, geological and exploration assistance, for locating ground water Aquifers.
 
(iv)
Effective special measures must be taken, to reach adequate water to SC and ST lands at the tail ends of existing and future sources/ schemes of irrigation, like canals and tanks;
 
(v)
Endowing every landless rural family of Scheduled Castes and Scheduled Tribes with at least a minimum viable extent of land through proper implementation of land ceiling and redistribution legislations; full and sincere implementation of un-implemented Supreme Court Judgments which will neutralise the illicit reduction of ceiling surplus land; distribution of assessed and un-assessed waste lands/ gair mazarua, not required for any legitimate public purpose/use, and ensuring actual occupation and peaceful and undisturbed possession of land allotted to SCs and STs by the allottees; allotment of Bhoodan lands; purchase of private lands; allotment of lands of temples and other such institutions, on long term lease basis, where they are proposed to be disposed of; with full financial provisions and facilities for development of such lands through irrigation under the National Programme of Minor Irrigation mentioned at (i) above or through other appropriate means so that they can get adequate income for their sustenance and the education of their children without having to resort to wage-labour with individual land-owners ---- This is also an unfulfilled commitment of the NCMP of the UPA government (and earlier of the CMP of the UF Government read with Dalit Manifesto), which needs urgent fulfilment;
 
(vi)
A lot of government land assigned/ allotted to Dalit and other landless poor have found their way into the hands of rich and powerful people. In Andhra Pradesh alone, about 50 lakh acres of government land were assigned after independence till now to landless poor people, about half of them Dalits. Out of this, about 40% or about 9 lakh acres are estimated to be now in the hands of others including persons at highest levels of political, economic, financial and media and other such fields. The story cannot be different in other States. A high power special body should be set up at the national level and in each State to uncover and disgorge the powerful and ineligible persons of these lands and give them to Dalit and other landless poor agricultural labourers along with irrigation and other development utilising NREGP also, providing necessary safeguards to prevent similar travesties.
 
(vii)
Establishment of Bhoomi Sudhar Nyay Adalats (Land Reform Justice Tribunals) for speedy disposal of land related cases involving present or future SC or ST interests and with a single appeal to the Supreme Court;
 
(vii)
Establishment of Bhoomi Sudhar Nyay Adalats (Land Reform Justice Tribunals) for speedy disposal of land related cases involving present or future SC or ST interests and with a single appeal to the Supreme Court;
 
(viii)
Implementation of Minimum wages Act for wage labourers by identifying the largest employing land owners in each State and in each district, and enforcing the Act on them;
 
(ix)
Establishment of Khet Mazdoor Nyay Adalats (Agricultural Labour Justice Tribunals) for speedy disposal of disputes pertaining to wages and labour in the unorganised sectors with a single appeal to the Supreme Court.
 
(x)
Proper implementation of the policy of harmonious protection of Scheduled Tribes and forests --- the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Bill 2006, just passed by Parliament in the winter session 2006 is an important step in that direction, but certain weaknesses, adverse to ST and FD, that seem to have crept in, need to be cured by amendment.
 
(xi)
Total Liberation and full Rehabilitation of bonded labourers and establishment of a National BL Liberation and Rehabilitation Authority for this purpose as recommended by the Commission for Rural labour in 1991 and similar State authorities; and elimination of child labour practice;
 
(xii)
Establishment of Bandhua Mazdoor, Bal Mazdoor evam Pravasi Mazdoor Nyay Adalats with appeal only to the Supreme Court.
 
(xiii)
Provision for residential areas and facilities required by Pravasi Mazdoor inevitably migrating into urban areas under Urban Planning and Infrastructure.
 
(xiv)
Total liberation and full rehabilitation of Safai Karamcharis (“Scavengers”) in an effective manner without loss of income;
 
(xv)
Activation of the Central Monitoring Committee for the Liberation and Rehabilitation of Safai Karamcharis.
 
(xvi)
Securing for the SCs and STs reservation-equivalent proportion of presence in every sector of employment through reservation in private sector and other means buttressed by training and education for the purpose and so on;
 
(xvii)
Strengthening the SCs and STs in self employment through training, education and provision of financial and other facilities;
 
(xviii)
Channelisation/ Reseervation of Population-equivalent share for SCs and STs in upstream and downstream activities including supplies and dealerships and agencies connected with industries and commerce and other business in the public sector as well as private sector.
 
(xix)
Preservation and restoration of land ownership and possession of STs in Tribal areas – strict and honest enforcement of Land Transfer Regulations.
 
(xx)
Food for Education on National Scale --- continuance of the present mid-day meal scheme with further improvement and expansion.
7.6
Planning Process– Revitalisation of SCP and TsP – New Network of Planning Institutions for Dalits – Planning Commission’s Role
7.6.1
The Plans that have been prepared by the Planning Commission and its counterparts in the States in the last 5 ½ decades have missed the vital dimension of economic liberation and educational parity at all levels and in all fields by incorporating programmes and schemes of the type mentioned above. They have also failed to develop the Special Component Plan for SCs (SCP) and Tribal sub-plan for STs (TsP) in the manner envisaged by their original formulators and required by their purpose and objective and instead have reduced them to routinised mechanisms. Therefore, For the revitalization of the SCP and TsP, a network of new Institutions of Relevant Planning for SC and ST should be established as outlined below –
7.6.2
There should be National Development Council for the Development of Scheduled Castes and Scheduled Tribes consisting of the Prime Minister as its Chairperson, the Deputy Chairperson of the National scheduled castes and Scheduled Tribes Development Authority (referred to lower down), Minister in charge of Scheduled Castes and Scheduled Tribes Development and Welfare, Chairpersons of the National Commissions for SC & for ST, Finance Minister, Ministers of other development sectors relevant to SCs and STs, Chief Ministers, experts and Scholars, broadly similar to the constitution of the National Committee for the Centenary Celebrations of Dr. Baba-Saheb Ambedkar formed in 1990, which should perform the same role in respect of SCP and TsP as has been done hitherto by the National Development Council with regard to general Plans of development;
7.6.3
There should be a National Scheduled Castes and Scheduled Tribes Development Authority (NSDA), with a wing each to concentrate respectively on SCs and STs, and this body should be constituted with Members and experts with empathy for Scheduled Castes and Scheduled Tribes, faith in Social Justice and expertise and experience in the development of Scheduled Castes and Scheduled Tribes. This Authority should be responsible for formulating and approving national and State Plans ---- annual plans, five year plans and perspective plans----based on the developmental needs of SCs and STs and their priorities from the point of view of SCs and STs and keeping in view the vital dimension of socio-economic liberation and socio-educational equality and parity. Further, this Authority should have compact units with specialisation in each area of development relevant to Scheduled Castes and Scheduled Tribes
7.6.4
There should be similarly constituted State SC and ST Development Authorities (SSDAs);
7.6.5
The population-equivalent proportion of the total Plan Provision of the Centre and of each State and Union Territory should, before sectoral allocations are made, be set apart as the Special Component Plan for SCs and Tribal sub-Plan for STs and placed at the disposal of the National SC and ST Development Authority and State SC and ST Development Authorities. These Authorities should then make scheme-wise, programme-wise and sector-wise allocations of outlay for the plans under a SCP and TsP formulated and approved by them based on the developmental needs and priorities of the Scheduled Castes and Scheduled Tribes. The National as well as State Authorities should thereafter supervise, monitor and direct the implementation of the developmental plans so as to ensure the achievement of their purpose of the socio-economic liberation and socio-economic liberation and socio-educational equality and parity for the SCs and STs in relation to the rest of the society and economy.
7.6.6
There should be constituted District SCs and STs Development authorities in each District (DSDAs) consisting of SC and ST Chairpersons and members of district and intermediate level Panchayat bodies, SC and ST Chairperson and municipalities in the district and SC & ST, MLAs and MPs, District Collectors, Heads of Departments relevant to SCs and STs development, experts, representatives of NGOs who have been working sincerely and honestly for SCs and STs. These district SCs and STs Development Authorities should on the one hand provide the inputs to the National and State SCs and STs Development Authorities for planning and monitoring purposes and on the other hand be the main implementational authority of the SCPs and TsPs so as to secure their objective
7.6.7
The Prime Minister should be the Chairperson of the National SC and ST Development Authority. Its Deputy Chairperson should be full-time and should have the rank of a union Cabinet Minister and should invariably attend Union Cabinet Meetings. Similarly, the State/UT Chief Minister should be Chairperson of the State SCs & STs Development Authority and its Dy. Chairperson should be full-time and should have the rank of a State Cabinet Minister and should invariably attend the State Cabinet meetings.
7.6.8
In addition SC and ST should be given representation in all important decision-making bodies in all sectors.
7.6.2.1
Meanwhile even before such a structure is created, Planning Commission can and should revive and revitalise the SCP and TsP, by setting apart the population-equivalent proportion of the total Plan Provision, before sector-wise allocations are made, of the Centre and of each State and Union Territory as the Corpus of the Special Component Plan for SCs and Tribal sub-Plan for STs; formulating and approving national and State Plans --- annual plans as well as five year plans --- based on the developmental needs of SCs and STs and their priorities from the point of view of SCs and STs and keeping in view the vital dimension of socio-economic liberation and socio-educational equality and parity; then on the basis of such Plans making scheme-wise, programme-wise and sector-wise allocations of the SCP and TsP outlays; arrange for issue of separate sanctions for such allocations and releases out of it; and closely monitoring and ensuring implementation of these Plans of the SCP and TsP by the sectoral Ministries/ Departments.
7.6.2.2
Till this system is established, the Planning Commission must ensure all Ministries earmark adequate proportion of their programme and funds for the needs of SCs and their habitations in areas of amenities like electricity, roads, drinking water, sanitation, health and also every other sector and undertake programmes to meet the needs of Dalits and their bastis in full. The Planning Commission has the duty, till the new system is established to see that every Central Ministry and every State has its full SCP and TsP.
7.6.2.3
In every item of Bharat Nirman proportionate targets (which should be 2 to 3 times the population proportion) for SCs and STs should be set apart as the SCP and TsP.
7.6.2.4
The Planning Commission can and should help retain the National Scheme for Liberation and Rehabilitation of SK as a Centrally Sponsored Scheme (CSS) and keep it with the Ministry in charge of SC with budgetary provisions on a scale relatable to the budgetary outlay in the BE 2003-2004. This important scheme has been converted into a football to be thrown from Ministry to Ministry and from the Centre to the States. Its fate causes resentment among safai Karamcharis.
7.6.2.5
Another contribution that the Planning Commission can and should make is to retain all CSSs for SC, ST and SEdBC or of benefit to them slated to be discontinued for transfer to States as CSSs; no CSSs for them or beneficial for them should be discontinued or transferred to the States; such moves should be precluded for all times to come. It is deplorable from Dalit point of view that the Planning Commission periodically tries to do away with CSSs pertaining to or beneficial to Dalits. This is an old story which should be brought to an end once for all.
7.6.2.6
There are certain areas pertaining to safai karamcharis and employment in which decisions are required from the point of view of SCs and STs to be taken by the Planning Commission and the concerned Ministries.
 
(a)
Contract labour system should be eschewed in services, where SCs and STs are numerically large especially safai services.
 
(b)
National legislation for Agricultural Labourers should be enacted incorporating all aspects including living wages, gender-equal wages, conditions of work, social security, welfare etc., completing the process started with the draft of 1978-81; similar legislation for other unorganized sector labourers --- the two bills in this regard on the anvil need to be tabled in Parliament at the latest in the budget session 2007.
 
 

(c)

Under the NREGP recently launched there should be a condition that works selected should be works directly beneficial to SC, ST and other workers, like their own housing, economic infrastructure, educational infrastructure, residential area infrastructure etc. in the SC bastis and tribal hamlets and isolated/separate habitations like fisher-people’s hamlets and Banjara Thandas.
7.6.2.7
Areas of Special Concern for Scheduled Tribes
A. Project Displacement
 
(i)
Displacement of STs and other weaker sections living in tribal areas on account of projects should be minimized. Where inevitable, they should be taken up only after prior consultation with and consent of tribals and their neighbours. The policy should ensure generous compensation, share in value of appreciation of lands acquired from STs for development; full rehabilitation without breaking up community; ensuring regular employment and wages until alternative source of rehabilitation is fully operational; and best education for their children including residential education at appropriate stage.
 
(ii)
Report of the Commission for Scheduled Tribes and Scheduled Areas submitted in July 2004 needs to be placed before the Parliament and in public domain without further delay and action undertaken on its recommendations.
 
(iii)
All Fifth Schedule Areas should be converted into Sixth Schedule Areas and all unscheduled tribal areas should be converted into Sixth Schedule Areas.
 
(iv)
There should be focus on solving special problems of STs in those States of the North-east where they are in a minority namely Assam, Tripura and Manipur, and their aspirations, like the desire for autonomy and integration of contiguous home-lands split among different States by accidents of political history, should be met.
 
(v)
Exploitative systems like Mahal and Mahaldars in Manipur should be put an end to.
 
7.7
Fulfilling Reservation and its Object
7.7.1
Reservation of appointments of posts in the services under the State as defined in Article 12 of the Constitution and as interpreted by the Supreme Court from time to time, so as to include public sector undertakings, public financial institutions, universities etc., is one of the important instruments of Social Justice. It has not been implemented in a fully satisfactory manner. The following measures are required as a built-in mechanism to ensure full and total compliance with the policy of reservation for Scheduled Castes and Scheduled Tribes and for quick judicial adjudication redressal of complaints and grievances in this regard:
7.7.1.1
Reservation should be brought under the purview of a statute by enacting an Act to be named as Scheduled Castes and Scheduled Tribes (Reservation of Appointments or Posts and of Seats in Educational Institutions) Act, 1996, which will provide for all aspects pertaining to reservation for STs and STs.
7.7.1.2
A Bill on the anvil for the last one or two years has got stuck because it covers BC also and there are some issues pertaining to BCs on which there are different opinions which are taking time to resolve. Since there are no such issues in the case of SC and ST, and in view of the specificities of reservation for SC and ST in existence since many decades and of the recently introduced reservation for BC at National level, it is desirable to separate the bill for the SC and ST and get it quickly passed, and process the issues involved in BC reservation separately and thereafter get the bill for BCs passed as early as possible.
7.7.1.3
This Act should include provisions to set up Arakshan Nyay Adalats or Tribunals for Justice in Reservation with its main Bench in Delhi and other Benches in every place where the CAT has got Benches, and should be of the status of a High courts with appeal lying only to the Supreme Court as in the case of the CAT; and should also contain the penal provision; Both these provisions were there in the Bill drafted by the Ministry of Welfare and sent up in 1990.
7.7.1.4
It appears that these two important aspects have been missed in the Bill now under process; they should now be included in the Bill for SC and ST and in the Bill for BC.
7.7.1.5
The Chairperson, Vice-Chairperson and other members of this Adalat and its Benches should be appointed from panels of persons who, while possessing the requisite formal qualifications for a High Court level body as in the case of the CAT, should in addition necessarily have the qualification of having implemented reservation fully and sincerely in their respective areas of earlier activity;
7.7.1.6
Reservation for SC and ST should be continued in disinvested PSUs and inclusion of this stipulation should be made in future as well as past MoUs. On account of the artificial boosting of the percentage of SC and ST in PSUs, following the VRS, accepted mostly by non-reserved category officers, and consequent closure of avenues of promotion through reservation in promotion and other benefits for SC and ST, eligibility for such reservation and benefits should be based on the pre-VRS percentage of SC and ST in each cadre of the PSUs.
7.7.1.7
Every Post reserved for Scheduled Castes and Scheduled Tribes both in direct recruitment as well as in promotion should be filled up promptly and should not be allowed to remain vacant or dormant or to lapse and any failure in this regard should also be covered by the penal provisions in the Act referred to above;
7.7.1.8
Reservation should be provided for SC and ST in the Private Sector. The US relevant concept of “affirmative action” is not relevant to India, where it is being used as an alibi to avoid reservation. If the private sector were willing to bring in SC and ST at above shop floor levels they would have been done it long back. It is not realistic to expect that they will now do voluntarily what they have avoided/evaded till now. Ultimately legislation will become inevitable. Even if government has given them some specified time for voluntarily fulfilling this, it is desirable to enact the requisite Constitutional Amendment now itself in preparation for the inevitable.
7.7.1.9
While awaiting decision on reservation in private sector, without waiting for it, it is necessary to secure the immediate absorption by the private sector, of all of the many existing SC and ST products of IITs, IIMs and similar Institutions, who have secured high marks of 60% or above and have still not been taken up for employment by the Private Sector on account of personal social prejudices, masqueraded as concern for merit; simultaneously, Government of India should set an example by finding placement for all SC and ST products of IITs, IIMs and other similar Institutions of excellence, who have passed with less than 60%. First lists of such candidates are readily available.
7.7.1.10
In view of the recent threats to reservation for SC and ST, the following measures are necessary to protect them future onslaughts by those who have not cared to understand the social and historical background of the caste system with specific reference to SC and ST, and to ensure the smooth progress of Social Justice measures including Reservation in order to achieve the Constitutional goals of Equality and Justice, the existing Constitutional provisions need to be strengthened, and to that end the following amendments are necessary:
(i)
Amend the Constitution to insert a declaration that there cannot be a “Creamy Layer” in Dalits as the criterion of the identification of SCs is “untouchability” and until “untouchability” disappears, that concept has no relevance to them; and similarly, the criterion for STs is also not social backwardness but criteria like tribal identity and tribal isolation and similar factors.
 
(ii)
At the end of Art. 46, the following should be added:
 
“, and it shall be the right of the weaker sections of people and, in particular, of the SCs and STs, that the State and all institutions of or created by or promoted by or assisted by the State, shall at all times function fully and totally in accordance with this right, shall take every measure required to fulfill this right, and shall not take any measure the effect of which will be contrary to it.”
 
(iii)
To preclude scope for misunderstanding/ misconstruction of the subordinate phrase to dilute the mandate of reservation in the principal clause, that subordinate phrase should be deleted from Art. 335.
(iv)
Art. 335, and not Art. 16(4), is the real source of the Right of SCs and STs to reservation. In the Constitution, SCs and STs are referred to as SC and ST only and not by terms like Backward Classes. Articles of Part XVI have got as much force as Articles in Part III. However, to preclude scope for misunderstanding/misinterpretation, Art. 335 should be transferred from Part XVI to Part III and numbered as new Art. 16(4), renumbering existing Clause (4) as Clause (5), which is the source of reservation for the category referred to in Constitution more commonly as Socially and Educationally Backward Classes (SEdBCs), and variantly also as Other Backward Classes (OBCs) and as Backward Classes (BCs). The commoner term may be substituted for “any backward class of citizens in line with Art. 340(1) and Art. 15(4).
 
(v)
While the new Clause (4) will be automatically mandatory as Art. 335 is mandatory; Clauses (4A), (4B) and the re numbered Clause (5) of Art. 16 and Clauses (4) and (5) of Art. 15 also should be made mandatory. Reservation is not a permissible matter left to the State sweet will. It is recognised that Equality is a basic feature of Constitution. Equality includes Social Equality. From this flows removal of inequality including social inequality. It necessitates adoption of Social Justice measures for removal of social inequality in all spheres and fields and at all levels, including importantly Reservation. All these together constitute an important basic feature of Constitution. The Constitution permits the State no option to avoid any of these measures including Reservation. To preclude doubt and scope for interpretational conflicts, these clauses of Articles 15 and 16 need to be made mandatory.
 
(vi)
In List III of Seventh Schedule it is necessary to include three entries for the “Development, Welfare, Protection and Empowerment of SCs & STs; SEdBC/ OBCs/BCs including those of religious minorities; and women.”
(vii)
 
Backlog should be correctly interpreted to mean the difference between the number of SC and the number of ST required in each cadre in terms of the prescribed reservation percentages and actual number of genuine SCs and STs present, cadre-wise; and backlog so interpreted should be expeditiously filled up in a planned manner as illustrated in an earlier section regarding the SC gap in Group ‘A’ services
7.7.1.11
The three Constitutional Amendments enacted to nullify three of the anti-reservation O.M.s of 1997 should be fully and immediately implemented.
7.7.1.12
Limitation of reservation in promotion only to first level of Group-I should be removed and its scope extended to the highest levels. The present limitation is unwarranted by the wording and purport of the new Clause (4A) of Art. 16.
7.7.1.13
Executive order should be issued to restore pre-1997 Roster, in which SC and ST were in the 1st and 3rd positions, distorted in 1997 by misinterpretation of the Supreme Court’s Sabharwal Judgment pushing SC and ST down to 7th and 13th positions.
7.7.1.14
Reservation should be extended to areas from which it has been excluded so far. Out of them, regarding higher judiciary, at least the pragmatic recommendation of the NCRWC may be followed. There is no difficulty in locating the few scores of SCs and STs not only possessing the prescribed qualifications but objectively in no way inferior in qualities required for a judge to those who are now on the benches. It is possible to bring to the benches the benefit of varied experiences of persons with background of SC and ST, without diluting the quality of the honoured benches. Dalits are one with nation in wanting that the quality of the benches of the superior courts should be the highest in all respects and they are confident that they can contribute to this goal.
7.7.1.15
Backlog should be interpreted correctly as the difference between the numbers of SC and ST required to be in each cadre on the basis of reservation percentage prescribed and actual numbers of SC and ST present; such backlog should be expeditiously cleared by systematically planned and executed operations.
7.8
Dalit-Friendly Personnel Policy
7.8.1
Many areas of the development and protection of SCs and STs need the active contribution of the official machinery. There had been the phenomenon of over-administration in areas and sectors pertaining to the affluent and rich classes, but there has simultaneously been under-administration in areas pertaining to SCs and STs and other weaker sections. In view of this a Dalit-friendly personnel policy has to be created. A personnel policy should be drawn up, of which the following should be the ingredients:
7.8.2
Officers of the IAS and other services directly or substantially relevant to Scheduled Castes and Scheduled Tribes will find it possible to advance their career only by working for at least a periods of five years in areas and sectors directly or mainly pertaining to Scheduled Castes and Scheduled Tribes, at grass-root level, executive level and policy level and none of them will be allowed to get posts in generally coveted areas and sectors, like Commerce, Economic Affairs, Industries etc., without acquiring this qualification;
7.8.3
Simultaneously it will be ensured that those who voluntarily devote the major part of their service to areas and sectors wholly or mainly pertaining to Scheduled Castes and Scheduled Tribes shall not hereafter be losers in their career;
7.8.4
Provision of protection from persecution by powerful persons inside and outside Government for honest officers/employees of all ranks working sincerely for the development and protection of Scheduled Castes and Scheduled Tribes;
7.8.5
ensuring that service in tribal areas does not put any public servant to any disadvantage in the matter of net family income or the education of the children;
7.8.6
Provision of a formula of accelerated promotion for those who spend at least five years continuously in areas and sectors directly or mainly pertaining to Scheduled Castes and Scheduled Tribes.
7.8.7
Provision for “Social Justice Clearance” (just like “integrity clearance”) before an officer of Class-I or Class- II is promoted.
7.9
Community Action by Dalits
7.9.1
Dalit communities must realise that Rights, needs and entitlements will not automatically be fulfilled by Government, only on ethical considerations or consideration of Constitutional mandates. They have to be backed by sustained powerful, democratic pressure. For this purpose
7.9.1.1
They must fully become aware of every one of their Rights, needs and entitlements and the action points and spread awareness in the less aware sections of the community.
7.9.1.2
They must mobilise for the fulfilment of the various action points and to secure the desired outcomes in a sustained and continuous manner.
7.9.1.3
Apart from such sustained mobilisation, there has to be immediate mobilisation against specific instances of atrocities as and when they occur, esp. mass atrocities like massacres, mass-rapes and gang-rapes, mass arsons and social and economic boycotts and insult to Dr. Babasaheb Ambedkar’s statues; ensuring that rallies and demonstrations and other forms of protests are non-violent while being powerful; and similarly mobilise against major instances of “untouchability”. Any such event anywhere in India should evoke such democratic protests everywhere in India and not only in the same State or region.
7.9.1.4
They should be watchful about any damage done in the Plans to Dalits, which have been happening and register their objections powerfully so as to prevent/ reverse such instances.
7.9.1.5
They should utilise Parliamentary, Legislative and Panchayati Raj fora, National Commissions for SC and ST and Safai Karamcharis and bodies like the Parliamentary Forum of SC and ST M.Ps, Parliamentary Committee on the Welfare of SC and STs, and similar legislature bodies, for common causes of Dalits, but not restrict themselves to these fora. Sustained mass action on the entire front and instant peaceful response to atrocities outside these fora have also their importance.
7.9.1.6
They should build up unity of action on all these matters among all Dalits. They should not allow internal differences to be exploited by others and should learn to settle such differences internally in a fair manner through mutual discussions and negotiations. Unity of Dalits must envelop all castes of Dalits and all tribes of STs and unity between SCs and STs.
7.9.1.7
They should build up similar unity of action with other deprived sections in support of each other’s Rights, needs and entitlements, in solving each other’s problems and participating in mass actions of each instead of confining themselves to their own respective categories.
7.9.1.8
They should organize themselves into an effective social coalition and build up a powerful Front and a powerful Movement of Social Justice fully involving all the deprived categories and others devoted to Social Justice, which in turn can impact on the content and direction of the Indian polity, economy and society at the National level as well as State and local levels, and on this basis build up a massive democratic movement.
7.9.1.9
They should not fail to utilize in full every opportunity available in the Constitution, laws and developmental plans.
7.10
Role of “Civil Society” in respect of Dalits
7.10.1
The role of civil society in respect of Dalits has generally been negative, with honourable exceptions and displays lack of knowledge of the socio-historical background of India. It is necessary not only in the interests of Dalits but also of their own interest and more importantly in the interest of the country that they make a changeover.
7.10.2
They should give up denigration of Dalits and their Rights.
7.10.3
It will be in the overall interest of the country and of themselves if they, almost entirely representing the upper castes, co operate with the Dalits in their struggle against heavy odds for their rights and try to participate actively in mass actions and protests of Dalits in support of their legitimate Rights. This will help to lay the foundation for joint action of all sections to widen total opportunities available so that their equitable sharing among Dalits, other deprived and the rest will give each larger quantum of benefits of opportunities.
The Goal is Dr. Babasaheb’s vision of annihilation of caste, by eradicating, through various Social Justice measures including reservation, all differentials of social, educational and economic status and making opportunities really and equally available to all irrespective of birth, and making social origin totally irrelevant to availability of opportunity, so that caste really becomes irrelevant and begins to wither away. The destruction of caste in this way will help to make India a real nation in the full sense of the term because, as Dr. Babasaheb Ambedkar pointed out on 25.11.1949, caste is anti-national. This will help India to become a complete democracy, harness the full potential of all including Dalits and other deprived categories for the optimal development of the country and its economy.
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