• The Ministry of Social Justice and Empowerment has extended by a year the tenure of a commission established to examine whether Scheduled Castes (SC) status can be granted to individuals who have converted to religions other than Sikhism and Buddhism.

• This decision, formalised through a notification dated November 1, comes as the Commission, initially set to conclude its work on October 10 sought additional time to finalise its report.

• The Commission of Inquiry was constituted on October 6, 2022, under the Commissions of Inquiry Act, 1952.

• The inquiry also covers related concerns regarding social justice, rights, and the possible extension of reserved status to converts from religions not traditionally included in SC classifications, such as Christianity and Islam.

• Headed by former Chief Justice of India K.G. Balakrishnan, the Commission has been engaging with stakeholders, including sociologists, historians, and representatives from affected communities, to better understand the nuances of caste identity in the context of religious conversion.

Scheduled Castes constitute 16.6% of population

• Indian society has historically had a rigid, occupation-based, hierarchical caste system in which the relative place of a caste in the social hierarchy was determined largely by its traditional occupation. In particular, those performing ‘unclean’ or supposedly ‘polluting’ tasks came to be regarded not merely as ‘low’ castes, but as ‘untouchables’.

• The practice of ‘untouchability’ resulted in great injustice to the members of the concerned castes because they were discriminated against in every respect, and denied ownership of productive assets like land, as well as basic rights like education and equality, which resulted in perpetuation of their extreme socio-economic deprivation.

• In the 1931 Census, for the first time, the government systematically categorised certain castes as ‘depressed classes’. Thereafter, the government of India Act, 1935, for the first time, provided for notification of socially disadvantaged castes as ‘Scheduled Castes’, and a list of such castes was accordingly notified in the Government of India (Scheduled Castes) Order, 1936.

• The Constitution of India, which came into effect on January 26, 1950, inter-alia, abolished “untouchability” and provided several special safeguards for the Scheduled Castes, so as to ensure that they are able to attain equality with the other social groups in the shortest possible time. 

• Scheduled Castes, who constitute 16.6 per cent of our population, have historically suffered social and educational disabilities and economic deprivation arising therefrom. 

• These safeguards enabled reservation in elections to the Lok Sabha and state Legislative Assemblies and reservation in government jobs.

• Article 366(24) of the Constitution of India, defines Scheduled Castes as “such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of the Constitution”.

• The Ministry of Social Justice & Empowerment is the nodal ministry to oversee the development and empowerment of the Scheduled Castes.

Initiatives for development of SCs

A number of initiatives have been taken by the government for development of SCs, which have yielded positive outcomes.

It has been mandated that all states/ministries/departments earmark a  certain percentage of the funds under their major schemes for the Scheduled Caste population so that adequate resources are available for their socio-economic upliftment.

The government has adopted a multi-pronged approach for the socio-economic development of the Scheduled Castes: 

• Social empowerment through educational development.

• Economic empowerment through income and employment enhancing avenues.

• Integrated development of SC majority villages.

• Protection through effective implementation of protective legislation.

• Eradication of occupations such as manual scavenging.

• Holistic development through earmarking of funds for the welfare of Scheduled Castes.

Constitutional provisions for Scheduled Castes

• Article 15(4) refers to the special provisions for their advancement.

• Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.

• Article 17 abolishes untouchability.

• Article 46 requires the State ‘to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.

• Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a state.

• Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative assemblies of the States.

• Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for SC and ST in local bodies has been envisaged and provided.

(The author is a trainer for Civil Services aspirants.)