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. |
|