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Scheduled Castes and Scheduled Tribes

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The Scheduled Castes[1] and Scheduled Tribes are officially designated groups of people and among the most disadvantaged socio-economic groups in India.[2] The terms are recognized in the Constitution of India and the groups are designated in one or other of the categories.[3]: 3  For much of the period of British rule in the Indian subcontinent, they were known as the Depressed Classes.[3]: 2 

Scheduled castes distribution map in India by state and union territory according to 2011 Census.[4] Punjab had the highest percentage of its population as SC (~32%), while Nagaland, Arunachal Pradesh, Andaman and Nicobar Islands and Lakshadweep had 0%.[4]
Scheduled Tribes distribution map in India by state and union territory according to 2011 Census.[4] Mizoram and Lakshadweep had the highest percentage of its population as ST (~95%), while Punjab, Haryana, Delhi, and Chandigarh had 0%.[4]

In modern literature, many castes under the Scheduled Castes category are sometimes referred to as Dalit, meaning "broken" or "dispersed" for the untouchables.[5][6] The term having been popularised by the Dalit leader B. R. Ambedkar during the independence struggle.[5] Ambedkar preferred the term Dalit over Gandhi's term Harijan, meaning "people of Hari" (lit.'Man of God').[5] Similarly, the Scheduled Tribes are often referred to as Adivasi (earliest inhabitants), Vanvasi (inhabitants of forest) and Vanyajati (people of forest). However, the Government of India refrains from using derogatory and anthropologically incorrect [further explanation needed] terms. Instead, it uses the terms Anusuchit Jati (Scheduled Caste) and Anusuchit Janjati (Scheduled Tribe), as defined by the Constitution of India, for Scheduled Castes and Scheduled Tribes.[7][8] In September 2018, the government "issued an advisory to all private satellite channels asking them to refrain from using the derogatory nomenclature 'Dalit', though rights groups and intellectuals have come out against any shift from 'Dalit' in popular usage".[9]

The Scheduled Castes and Scheduled Tribes comprise about 16.6% and 8.6%, respectively, of India's population (according to the 2011 census).[10][11] The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 28 states in its First Schedule,[12] and the Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 states in its First Schedule.[13]

Since the independence of India, the Scheduled Castes and Scheduled Tribes were given Reservation status, guaranteeing political representation, preference in promotion, quota in universities, free and stipended education, scholarships, banking services, various government schemes and the Constitution lays down the general principles of positive discrimination for SCs and STs.[14][15]: 35, 137 

Definition

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Scheduled Castes

As per Article 366 (24) of Constitution of India the Scheduled Castes is defined as:[16]

Such castes, races or tribes or part of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purpose of this [Indian] constitution.

Scheduled Tribes

As per Article 366 (25) of Constitution of India the Scheduled Tribes is defined as:[17][16]

Such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed under Article 342 to the Scheduled Tribes for the purposes of this [Indian] Constitution.

Identification and procedures

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Article 341

(1) The President may with respect to any State or Union Territory and where it is a State after consultation with the Governor thereof, by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause of any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.[16]

Article 342

(1) The President may with respect to any State or Union Territory and where it is a State, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.[16]

In a broader sense, the term 'Scheduled' refers to the legal list of specific castes and tribes of the states and union territories, as enacted in the Constitution of India, with the purpose of social justice by ensuring social security, and providing adequate representation in education, employment, and governance to promote their upliftment and integration into mainstream society.[18][19][20] The process of including and excluding communities, castes, or tribes to/from the list of Scheduled Castes and Scheduled Tribes adheres to certain silent criteria and procedures established by the Lokur committee in 1965.[21][22] For Scheduled Castes (SCs), the criteria involve extreme social, educational, and economic backwardness resulting from the practice of untouchability.[23] On the other hand, Scheduled Tribes (STs) are identified based on indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the larger community, and overall backwardness.[23] The scheduling process refers back to the definitions of communities used in the colonial census along with modern anthropological study and is guided by Article 341 and 342. Per the first clause of Article 341 and 342, the list of Scheduled communities is subject to specific state and union territory, with area restrictions to districts, subdistricts, and tehsils.[24][25][26][27] Furthermore, members of Scheduled Communities are entitled based on religious criteria: Scheduled Castes must be adherents of Hinduism, Sikhism, or Buddhism,[28] whereas Scheduled Tribes can belong to any religion to be recognized as Scheduled.[29][18]

History

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Pre-independence

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The evolution of the lower caste and tribe into the modern-day Scheduled Caste and Scheduled Tribe is complex. The caste system as a stratification of classes in India originated about 2,000 years ago, and has been influenced by dynasties and ruling elites, including the Mughal Empire and the British Raj.[30][31] The Hindu concept of Varna historically incorporated occupation-based communities.[30] Some low-caste groups, such as those formerly called untouchables[32] who constitute modern-day Scheduled Castes, were considered outside the Varna system.[33][34]

Since the 1850s, these communities were loosely referred to as Depressed Classes, with the Scheduled Castes and Scheduled Tribes. The early 20th century saw a flurry of activity in the British authorities assessing the feasibility of responsible self-government for India. The Morley–Minto Reforms Report, Montagu–Chelmsford Reforms Report and the Simon Commission were several initiatives in this context. A highly contested issue in the proposed reforms was the reservation of seats for representation of the Depressed Classes in provincial and central legislatures.[35]

In 1935, the UK Parliament passed the Government of India Act 1935, designed to give Indian provinces greater self-rule and set up a national federal structure. The reservation of seats for the Depressed Classes was incorporated into the act, which came into force in 1937. The Act introduced the term "Scheduled Castes", defining the group as "such castes, parts of groups within castes, which appear to His Majesty in Council to correspond to the classes of persons formerly known as the 'Depressed Classes', as His Majesty in Council may prefer".[3] This discretionary definition was clarified in The Government of India (Scheduled Castes) Order, 1936, which contained a list (or Schedule) of castes throughout the British-administered provinces.[3]

Post-independence

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After independence the Constituent Assembly continued the prevailing definition of Scheduled Castes and Tribes, giving (via articles 341 and 342) the president of India and governors of the states a mandate to compile a full listing of castes and tribes (with the power to edit it later, as required). The complete list of castes and tribes was made via two orders: The Constitution (Scheduled Castes) Order, 1950[36] and The Constitution (Scheduled Tribes) Order, 1950,[37] respectively. Which are derived from colonial list and first updated in Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956. Furthermore, independent India's quest for inclusivity was incident through the appointment of B. R. Ambedkar as the chairman of the drafting committee for the Constitution. Ambedkar was a scheduled caste constitutional lawyer, a member of the low caste.[38] After 15 years since the first amendment listing Scheduled Castes and Scheduled Tribes, the government adopted updated criteria for inclusion and exclusion based on the Lokur committee report of 1965.[22]

Demographics

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Population

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States wise population of Scheduled Castes and Scheduled Tribes, 2011 census[39][40]
State and Union Territories Total population of the State and Union Territories Scheduled Castes Scheduled Tribes
No. of notified communities[41]
(as of October 2017)
Total population Pct. of Total Scheduled Castes Pct. of State and UT population No. of notified communities[41]
(as of December 2017)
Total population Pct. of Total Scheduled Tribes Pct. of State and UT population
Andhra Pradesh (incl. Telangana) 84,580,777 AP: 61
TG: 59
13,878,078 6.89 16.41 AP: 34
TG: 32
5,918,073 5.66 7
Arunachal Pradesh 1,383,727 0 16 951,821 0.91 68.79
Assam 31,205,576 16 2,231,321 1.11 7.15 29 3,884,371 3.72 12.45
Bihar 104,099,452 23 16,567,325 8.23 15.91 32 1,336,573 1.28 1.28
Chhattisgarh 25,545,198 44 3,274,269 1.63 12.82 42 7,822,902 7.48 30.62
Goa 1,458,545 5 25,449 0.01 1.74 8 149,275 0.14 10.23
Gujarat 60,439,692 36 4,074,447 2.02 6.74 32 8,917,174 8.53 14.75
Haryana 25,351,462 37 5,113,615 2.54 20.17 0
Himachal Pradesh 6,864,602 57 1,729,252 0.86 25.19 10 392,126 0.38 5.71
Jharkhand 32,988,134 22 3,985,644 1.98 12.08 32 8,645,042 8.27 26.21
Karnataka 61,095,297 101 10,474,992 5.2 17.15 50 4,248,987 4.06 6.95
Kerala 33,406,061 69 3,039,573 1.51 9.1 43 484,839 0.46 1.45
Madhya Pradesh 72,626,809 48 11,342,320 5.63 15.62 46 15,316,784 14.65 21.09
Maharashtra 112,374,333 59 13,275,898 6.59 11.81 47 10,510,213 10.05 9.35
Manipur 2,855,794 7 97,328 0.05 3.41 34 1,167,422 1.12 40.88
Meghalaya 2,966,889 16 17,355 0.01 0.58 17 2,555,861 2.44 86.15
Mizoram 1,097,206 16 1,218 0 0.11 15 1,036,115 0.99 94.43
Nagaland 1,978,502 0 5 1,710,973 1.64 86.48
Odisha 41,974,218 95 7,188,463 3.57 17.13 62 9,590,756 9.17 22.85
Punjab 27,743,338 39 8,860,179 4.4 31.94 0
Rajasthan 68,548,437 59 12,221,593 6.07 17.83 12 9,238,534 8.84 13.48
Sikkim 610,577 4 28,275 0.01 4.63 4 206,360 0.2 33.8
Tamil Nadu 72,147,030 76 14,438,445 7.17 20.01 36 794,697 0.76 1.1
Tripura 3,673,917 34 654,918 0.33 17.83 19 1,166,813 1.12 31.76
Uttar Pradesh 199,812,341 66 41,357,608 20.54 20.7 15 1,134,273 1.08 0.57
Uttarakhand 10,086,292 65 1,892,516 0.94 18.76 5 291,903 0.28 2.89
West Bengal 91,276,115 60 21,463,270 10.66 23.51 40 5,296,953 5.07 5.8
Andaman and Nicobar Islands 380,581 0 6 28,530 0.03 7.5
Chandigarh 1,055,450 36 199,086 0.1 18.86 0
Dadra and Nagar Haveli 343,709 4 6,186 0 1.8 7 178,564 0.17 51.95
Daman and Diu 243,247 5 6,124 0 2.52 5 15,363 0.01 6.32
Jammu and Kashmir 12,541,302 13 924,991 0.46 7.38 12 1,493,299 1.43 11.91
Lakshadweep 64,473 0 native pop. 61,120 0.06 94.8
Delhi 16,787,941 36 2,812,309 1.4 16.75 0
Puducherry 1,247,953 16 196,325 0.1 15.73 0
India 1,210,854,977 1,284* 201,378,372 100 16.63 747* 104,545,716 100 8.63
Note
  • The census figures for Scheduled Castes and Scheduled Tribes represent selective demography, as the first clause of Articles 341 and 342 specifies that Schedule status is specific to state or union territory (indicating nativeness of the region and the socio-economic disabilities arising therein), not to the whole country. For example, during the census operation, if a member of a notified community is not present in the state or union territory where the community is recognized as such, or if a member of Scheduled Castes follows religions other than Hinduism, Buddhism, or Sikhism, they are not counted as part of the Scheduled Castes or Scheduled Tribes, but rather as part of the general population.[42][43][44]
  • In the states of Arunachal Pradesh and Nagaland, and the Union Territories of Andaman and Nicobar Islands and Lakshadweep, no community is notified as Scheduled Castes; thus, there is no Scheduled Caste population.[45]
  • In the states of Punjab and Haryana, and the Union Territories of Delhi, Chandigarh and Puducherry, no community is notified as Scheduled Tribes; thus, there is no Scheduled Tribe population.[45]

Religion

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State wise religion of Scheduled Castes and Scheduled Tribes, 2011 census[46]
States and Union Territories Scheduled Caste Scheduled Tribe
Hindu Sikh Buddhist Hindu Muslim Christian Sikh Buddhist Jain Others Religion not stated
Andhra Pradesh (incl. Telangana) 13,848,473 2,053 27,552 5,808,126 28,586 57,280 890 608 644 810 21,129
Arunachal Pradesh 97,629 3,567 389,507 245 96,391 441 358,663 5,378
Assam 2,229,445 1,335 541 3,349,772 13,188 495,379 387 7,667 424 12,039 5,515
Bihar 16,563,145 1,595 2,585 1,277,870 11,265 32,523 150 252 123 10,865 3,525
Chhattisgarh 3,208,726 1,577 63,966 6,933,333 8,508 385,041 620 1,078 312 488,097 5,913
Goa 25,265 7 177 99,789 531 48,783 20 62 18 12 60
Gujarat 4,062,061 1,038 11,348 8,747,349 34,619 120,777 1,262 1,000 1,266 3,412 7,489
Haryana 4,906,560 204,805 2,250
Himachal Pradesh 1,709,634 15,939 3,679 307,914 37,208 275 294 45,998 54 23 360
Jharkhand 3,983,629 669 1,346 3,245,856 18,107 1,338,175 984 2,946 381 4,012,622 25,971
Karnataka 10,418,989 2,100 53,903 4,171,265 44,599 12,811 802 472 1,152 665 17,221
Kerala 3,039,057 291 225 431,155 18,320 32,844 42 44 18 376 2,040
Madhya Pradesh 11,140,007 2,887 199,426 14,589,855 33,305 88,548 1,443 1,796 852 584,338 16,647
Maharashtra 8,060,130 11,484 5,204,284 10,218,315 112,753 20,335 2,145 20,798 1,936 93,646 40,285
Manipur 97,238 39 51 8,784 4,296 1,137,318 209 2,326 288 11,174 3,027
Meghalaya 16,718 528 109 122,141 10,012 2,157,887 301 6,886 254 251,612 6,768
Mizoram 1,102 9 107 5,920 4,209 933,302 62 91,054 343 751 474
Nagaland 15,035 5,462 1,680,424 175 4,901 500 3,096 1,380
Odisha 7,186,698 825 940 8,271,054 15,335 816,981 1,019 1,959 448 470,267 13,693
Punjab 3,442,305 5,390,484 27,390
Rajasthan 11,999,984 214,837 6,772 9,190,789 13,340 25,375 663 445 622 1,376 5,924
Sikkim 28,016 15 244 40,340 369 16,899 72 1,36,041 125 12,306 208
Tamil Nadu 14,435,679 1,681 1,085 783,942 2,284 7,222 84 50 45 55 1,015
Tripura 654,745 69 104 888,790 2,223 153,061 250 1,19,894 318 768 1,509
Uttar Pradesh 41,192,566 27,775 137,267 1,099,924 21,735 1,011 264 353 410 2,404 8,172
Uttarakhand 1,883,611 7,989 916 287,809 1,847 437 364 1,142 7 9 288
West Bengal 21,454,358 3,705 5,207 3,914,473 30,407 343,893 1,003 220,963 876 774,450 10,888
Andaman and Nicobar Islands 156 1,026 26,512 0 85 0 344 407
Chandigarh 176,283 22,659 144
Dadra and Nagar Haveli 6,047 0 139 175,305 242 2,658 15 12 4 54 274
Daman and Diu 6082 1 41 15,207 125 16 0 1 1 0 13
Jammu and Kashmir 913,507 11,301 183 67,384 1,320,408 1,775 665 100,803 137 1,170 957
Lakshadweep 44 61,037 3 4 2 10 4 16
Delhi 2,780,811 25,934 5,564
Puducherry 196,261 33 31
India 189,667,132 5,953,664 5,757,576 84,165,325 1,858,913 10,327,052 14,434 866,029 12,009 7,095,408 206,546
Note
  • The census figures for Scheduled Castes and Scheduled Tribes represent selective demography, as the first clause of Articles 341 and 342 specifies that Schedule status is specific to state or union territory (indicating nativeness of the region and the socio-economic disabilities arising therein), not to the whole country. For example, during the census operation, if a member of a notified community is not present in the state or union territory where the community is recognized as such, or if a member of Scheduled Castes follows religions other than Hinduism, Buddhism, or Sikhism, they are not counted as part of the Scheduled Castes or Scheduled Tribes, but rather as part of the general population.[42][43][44]
  • In the states of Arunachal Pradesh and Nagaland, and the Union Territories of Andaman and Nicobar Islands and Lakshadweep, no community is notified as Scheduled Castes; thus, there is no Scheduled Caste population.[45]
  • In the states of Punjab and Haryana, and the Union Territories of Delhi, Chandigarh and Puducherry, no community is notified as Scheduled Tribes; thus, there is no Scheduled Tribe population.[45]

Government initiative to improve the situation of SCs and STs

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To effectively implement the safeguards built into the Constitution and other legislation, the Constitution under Articles 338 and 338A provides for two constitutional commissions: the National Commission for Scheduled Castes,[47] and the National Commission for Scheduled Tribes.[48] The chairpersons of both commissions sit ex officio on the National Human Rights Commission.

The Constitution provides a three-pronged strategy[49] to improve the situation of SCs and STs:

  • Protective arrangements: Such measures as are required to enforce equality, to provide punitive measures for transgressions, and to eliminate established practices that perpetuate inequities. A number of laws were enacted to implement the provisions in the Constitution. Examples of such laws include the Untouchability Practices Act, 1955, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, etc. Despite legislation, social discrimination and atrocities against the backward castes continued to persist.[50]
  • Affirmative action: Provide positive treatment in allotment of jobs and access to higher education as a means to accelerate the integration of the SCs and STs with mainstream society. Affirmative action is popularly known as reservation. Article 16 of the Constitution states "nothing in this article shall prevent the State from making any provisions for the reservation of appointments or posts in favor of any backward class of citizens, which, in the opinion of the state, is not adequately represented in the services under the State". The Supreme Court upheld the legality of affirmative action and the Mandal Commission (a report that recommended that affirmative action not only apply to the Untouchables but the other backward class as well). However, the reservations about affirmative action were only allotted in the public sector, not the private.[51]
  • Development: Provide resources and benefits to bridge the socioeconomic gap between the SCs and STs and other communities. Legislation to improve the socioeconomic situation of SCs and STs because twenty-seven percent of SC and thirty-seven percent of ST households lived below the poverty line, compared to the mere eleven percent among other households. Additionally, the backward castes were poorer than other groups in Indian society, and they suffered from higher morbidity and mortality rates.[52]

Scheduled Castes Sub-Plan

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The Scheduled Castes Sub-Plan (SCSP) of 1979 mandated a planning process for the social, economic and educational development of Scheduled Castes and improvement in their working and living conditions. It was an umbrella strategy, ensuring the flow of targeted financial and physical benefits from the general sector of development to the Scheduled Castes.[53] It entailed a targeted flow of funds and associated benefits from the annual plan of states and Union Territories (UTs) in at least a proportion to the national SC population. Twenty-seven states and UTs with sizable SC populations are implementing the plan. Although the Scheduled Castes population according to the 2001 Census was 16.66 crores (16.23% of the total population), the allocations made through SCSP have been lower than the proportional population.[54] A strange factor has emerged of extremely lowered fertility of scheduled castes in Kerala, due to land reform, migrating (Kerala Gulf diaspora) and democratization of education.[55]

Issues in policy and implementation

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Constitutional history

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In the original Constitution, Article 338 provided for a special officer (the Commissioner for SCs and STs) responsible for monitoring the implementation of constitutional and legislative safeguards for SCs and STs and reporting to the president. Seventeen regional offices of the Commissioner were established throughout the country.[citation needed]

There was an initiative to replace the Commissioner with a committee in the 48th Amendment to the Constitution, changing Article 338. While the amendment was being debated, the Ministry of Welfare established the first committee for SCs and STs (with the functions of the Commissioner) in August 1978. These functions were modified in September 1987 to include advising the government on broad policy issues and the development levels of SCs and STs. Now it is included in Article 342.[citation needed]

In 1990, Article 338 was amended for the National Commission for SCs and STs with the Constitution (Sixty fifth Amendment) Bill, 1990.[56] The first commission under the 65th Amendment was constituted in March 1992, replacing the Commissioner for Scheduled Castes and Scheduled Tribes and the commission established by the Ministry of Welfare's Resolution of 1989. In 2003, the Constitution was again amended to divide the National Commission for Scheduled Castes and Scheduled Tribes into two commissions: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. Due to the spread of Christianity and Islam among scheduled caste communities, the converted individuals are not protected under the Indian Reservation policy. Hence, these societies usually forge their community certificate as Hindus and practice Christianity or Islam, afraid for their loss of reservation.[57]

See also

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References

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Public Domain This article incorporates text from this source, which is in the public domain: Constitution of India.

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Further reading

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