Meanwhile, the state of Madhya Pradesh is at the top, with 2979 cases of atrocities/violence against STs, Rajasthan being the second highest with 2498 and Odisha only accounts for 773 cases – in registration of cases of offences of atrocities against the scheduled tribe community.

The union ministry report also reveals that, 52,866 cases of atrocities against Scheduled Castes (SCs) and 9,725 cases of Scheduled Tribes (STs) were registered in year 2022 under the PoA Act. The majority of these cases, a staggering 97.7%, were recorded in just 13 states, with BJP-ruled Uttar Pradesh, Rajasthan, and Madhya Pradesh topping the list. In 2022, out of 51,656 cases registered under the PoA Act, Uttar Pradesh reported 12,287 cases accounting for 23.78% of the total 97.7 % cases of atrocities against Dalits in 2022 was reported in 13 states. Following this, Rajasthan reported second highest atrocities cases of Dalits with 8,651 cases (16.75%), while Madhya Pradesh had 7,732 cases, making up 14.97%. Other states with a significant number of cases include Bihar with 6509, Odisha with 2902 cases and Maharashtra with 2276 cases.

Moreover, as the table above shows thirteen States, cumulatively accounting for 97.7% (51656) of the total cases (52866) relating to offences of atrocities against members of SCs, registered under the PoA Act in conjunction with the Indian Penal Code, 1860 (repealed), during the year 2022. The report also provides the figures pertaining to the atrocities against the STs. The 13 states directly account for 98.91% (9627) of the total 9735 cases.

India’s disturbing trend of caste-based violence continues to escalate, with Uttar Pradesh topping the list of atrocities against Dalits and marginalised communities. According to the National Crime Record Bureau’s 2022 data, (same period as the ministry’s report) the state reported a staggering 15,368 cases, marking a 16% increase from 2021’s 13,146 cases. Rajasthan follows closely, ranking second with 8,752 registered cases of anti-Dalit violence. Madhya Pradesh retains its third position, accounting for 7,733 cases of atrocities against Dalits.

NCRB 2022 report shows 57,582 cases of Dalit Violence in 2022

The National Crime Records Bureau’s (NCRB) ‘Crime in India’ annual report for the year 2022 also highlighted that the total number of 57,582 cases were registered for committing crimes against Scheduled Castes (SCs), an increase of 13.1% over 2021 (50,900 cases). The crime rate registered shown an increase from 25.3% in 2021 to 28.6% in 2022. In crime head-wise cases, highest number of cases (18,428, 32.0%) were registered under simple hurt followed by cases under Criminal Intimidation with 9.2% (5,274 cases) and SC/ST (Prevention of Atrocities) Act with 8.2% (4,703 cases).

Similarly, a total of 10,064 cases were registered for committing crime against Scheduled Tribes (STs), showing an increase of 14.3% over 2021 (8,802 cases). Anti-Dalit crime rate registered increased from 8.4% in 2021 to 9.6% in 2022. The NCRB figures further elaborated that in Crime head-wise cases, highest number of cases (2,826 cases, 28.1%) were registered under simple hurt (2,826 cases) followed by rape with 13.4% (1,347 cases) and assault on women with intent to outrage her modesty with 10.2% (1,022 cases).

The report highlighted that Uttar Pradesh (15,368), Rajasthan (8,752), Madhya Pradesh (7,733), and Bihar (6,509) reported the highest number of crimes against SCs. In UP, the number of crimes against SCs went up from 13146 in 2021 to 15368 in 2022 – an increase of 16%. The figure was 12,714 in 2020.

BJP-ruled UP tops in cases of Dalit atrocities

Uttar Pradesh, India’s most populous state, grapples with an alarming rise in Dalit atrocities. Uttar Pradesh ruled by the BJP for two terms under Chief Minister Yogi Adityanath, has earned the unfortunate distinction of topping the list of states with the highest number of registered cases of atrocities against Dalits. Registration of 12,287 Dalits atrocities cases, consisting 23.78% of the total cases reported nationwide in year 2022.

Investigation done by police during 2022 in PoA cases

As the report states, 69,597 cases related to SCs and 12,417 of STs were brought forward by the Police. In which chargesheet had been filed in 49,852 cases and 77 cases transferred to another State/Agency. At investigation stage, 65 cases have been quashed/stayed by the court and Final Report has been filed in 12,113 due to reason of false case, mistake of fact/law, insufficient evidence etc.

However, at the end of 2022, 17,166 cases of SCs and 2,702 ST cases pending with the police, only 2 cases investigated u/s 157(1)(b) of CrPC during the year 2022. In these cases, it is seen that 60.38% cases relating to Scheduled Castes were charge sheeted in courts during 2022, in 14.78% SCs cases final report submitted (such as false, mistake of fact/law, true but insufficient evidence) during the 2022. Similarly, 63.38% cases related to SCs were charge sheeted during the year, with 14.71% of cases having final reports submitted, during the year 2022.

Notably, the disturbing trend in the report also revealed that the conviction rate under the Prevention of Atrocities (PoA) Act plummeted to 32.4% in 2022, a significant drop from 39.2% in 2020.

This downward spiral raises questions about the effectiveness of law enforcement agencies and judicial cognizance in protecting Dalits from caste-based violence despite stringent laws. Further compounding the issue is the scarcity of special courts designated to handle these cases. Out of 498 districts across 14 states, only 194 have established these crucial courts, hindering swift justice for victims, according to report.

Report flags lack of Exclusive Special Courts in India

As section 14 of the PoA Act, empowered the state government to establish Exclusive Special Court for one or more district for dealing with the atrocity and violence cases of scheduled Castes and Scheduled Tribes for the purpose of providing a speedy trial in such cases, the number of Exclusive Special Courts are not adequate in India as out of 498 total districts across the country only 194 special courts have been established. The number of special courts in the country are not even half of the total districts within the country.

This shortfall created a significant obstacle in delivering justice to victims of caste-based violence and discrimination. As Exclusive Special Courts have powers to take direct cognizance of offences under the Act, the inadequacy of Exclusive Special Courts hampered the proper implementation of the PoA Act and led to delays and ineffectiveness in anti-Dalit violence cases. The report stressed that it is the duty of the State Government to establish adequate number of Courts to ensure that cases under the PoA Act are disposed of within a period of two months, as far as possible.

Special Police Stations for SCs and STs Complaints set up by five states only

As per the report, Special Police Stations for registration of complaints of offences against members of the SCs and STs have been set up in five States includes Bihar, Chhattisgarh, Jharkhand, Kerala and Madhya Pradesh. In Bihar’s 38 districts, 40 Special Police Station has been established, in Chhattisgarh’s 28 districts, 27 Special Police Station, 24 in Jharkhand’s 24 districts, 3 in Kerala’s 14 districts and, 51 in Madhya Pradesh’s 52 districts. Despite almost equal establishment of Special Police Station in MP, the state positioned on third in accounting of atrocity cases against Dalits and the marginalised.

Dalit Atrocities soar in UP, 49,613 cases reported from 2018-2021

In March 2023, the Indian government informed Parliament that a staggering number of over 1.9 lakh cases of crimes against Dalits were recorded during the four-year period from 2018. According to data from the National Crime Records Bureau (NCRB), Uttar Pradesh alone has reported 49,613 cases of total atrocities and attacks on Dalits (11,924 in 2018, 11,829 in 2019, 12,714 in 2020, and 13,146 in 2021). Union Minister of State for Home Affairs, Ajay Kumar Mishra, shared this information in response to a question posed by BSP MP Girish Chandra, who inquired about mechanisms for monitoring such incidents.

NCRB data shows 57,582 cases of Dalit Violence in 2022

The National Crime Records Bureau’s (NCRB) ‘Crime in India’ report for the year 2022 also revealed that a total of 57,582 cases were registered for committing a crime against Scheduled Castes (SCs), an increase of 13.1% from 2021 (50,900 cases). The crime rate registered an increase from 25.3% in 2021 to 28.6% in 2022. The report highlighted that Uttar Pradesh (15,368), Rajasthan (8,752), Madhya Pradesh (7,733), and Bihar (6,509) reported the highest number of crimes against SCs. In UP, the number of crimes against SCs went up from 13146 in 2021 to 15368 in 2022 – an increase of 16%. The figure was 12,714 in 2020.

Most recent shocking instances of anti-Dalit violence in UP, Rajasthan and MP

Sabrang India and CJP have been diligently tracking the alarming rise of hate crimes against Dalits and other marginalised communities in India. The numerous incidents include violence, discrimination, and social exclusion of Dalits have been reported, highlighting the devastating reality of Dalit survival in the country.

Uttar Pradesh

BJP’s government in Uttar Pradesh has faced many severe criticisms for its inability to prevent Dalit violence in the state, despite being in power for two consecutive terms. The recent surge in anti-Dalit attacks has raised concerns about the government’s commitment to protecting the rights of the Dalit community in the state. As the whole country witnessed the horrible tragic incidents of Hathras and Lakhimpur Kheri in year 2020, representing a distressing chapter in India’s ongoing struggle with anti-Dalits crimes and caste discrimination in the state of Uttar Pradesh. The tragic incident of Lakhimpur Kheri where two Dalit minor sisters were found hanging from a tree in Uttar Pradesh’s Lakhimpur district. The family alleged abduction, rape, and murder, later post-mortem reports confirmed that the Dalit sisters were raped before being murder. Similarly, the Hathras incident of rape, murder, and alleged systemic failures, has revealed the systematic exclusion of Social Justice against the victims belonged to Dalits and marginalised communities, especially Dalit women.

CJP’s recent report on Dalit atrocities in the state of Uttar Pradesh may be read here

On August 18, 2024, in Uttar Pradesh’s Ambedkar Nagar, a 21-year-old gang-rape survivor ended her life after UP Police denied to lodge an FIR against three men for the crime and coerced her father into misreporting the complaint. Father of the victim revealed that his daughter had gone missing from their home on the evening of August 16. The father immediately went to the local police outpost to file an FIR but the Police refused to lodge an FIR and forced him to change the complaint. On August 18, the victim’s younger sister discovered her hanging in her room. The devastated father reported to police that his daughter had felt humiliated and abandoned due to the authorities lack of response.

On October 5, 2022, in Ambedkar Nagar, a student hung herself from the ceiling of her room. The father of the victim has reportedly stated that she had gone into “depression” after allegedly being kidnapped and gang-raped by two youth when she was on her way to school in the district’s Malipur area.

Rajasthan

Rajasthan reported the second highest number of Dalit atrocities nationwide, with 8,651 cases reported in 2022. The state’s disturbing trend of violence and discrimination against Dalits persists, despite laws aimed at protection. Brutal incidents, including killings, rapes, and social boycott highlight the need for urgent action and accountability.

On January 26, 2024, a 17 year old tenth-grade student, was busy with creating reels at Ajmer’s Ana Sagar Chaupaati, a popular place for tourists and visitors, when he was attacked. A group of young men approached him and demanded he stop taking videos. Following which, the men who have been identified as Pushpendra, Rohit, and Gokul, assaulted the boy brutally. They used sticks and forced him to kneel down, and made him utter the word “papa.” The torment did not end there; one of the perpetrators even urinated on the young victim and reportedly even forced him to drink liquor.

In Rajasthan’s Alwar, an eight-year-old Dalit boy was reportedly assaulted for touching a water bucket near a hand pump in a village in Rajasthan’s Alwar district. As per a report by the Indian Express, the police have stated that the incident occurred on the morning of March 30, 2024 when the boy, a fourth-grade student at the village’s government school, went to drink water from the hand pump on school grounds. As per the complaint, a man from a higher caste, who was filling the bucket with water at the Time, attacked the boy when he touched the bucket. The man refused to apologise and even shouted at the boy’s family, subjecting them to casteist abuse. A police complaint has been lodged in Ramgarh police station by the parents.

Another incident in Rajasthan’s Karauli district, in what seems to be a shocking incident, a magistrate reportedly asked a Dalit gang rape survivor to undress to inspect her injuries. The magistrate has been booked after the survivor lodged a complaint on March 30, 2024 accusing the magistrate of requesting this during a court session in Hindaun. The incident is being treated as an instance of outraging modesty, and charges have been filed under section 345 of the IPC and the SC/ST (Prevention of Atrocities) Act.

Madhya Pradesh

Madhya Pradesh reported the third highest number of Dalit atrocities nationwide was also faced criticism recently for curtailing welfare funds of the SC/STs and diverting the SC/ST welfare fund for the welfare of cows, museums and religious sites. As per a document reviewed by the HT, ₹252 crore has been allotted to cow welfare (Gau Samvardhan and Pashi Samvardhan), a total of ₹95.76 crore has been allocated from the SC/ST sub-plan. Madhya Pradesh’s decision to divert ₹95.76 crore from the SC/ST welfare fund to support cow welfare, museums, and religious sites was a shocking betrayal against marginalised communities. This move not only undermines the government’s duty to ensure social justice but also perpetuates the systemic oppression of Dalits. The cow welfare fund has increased from about ₹90 crore in the last year. Madhya Pradesh was the second state after Karnataka to divert funds from the SC/ST sub-plan for other schemes. Karnataka decided to take ₹14,000 crore from the sub-plan for funding its welfare scheme.

A Dalit youth in Mainpuri, while working on his own land, was attacked by a group of men. The authorities have registered a case involving assault and harassment against the Dalit community under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per reports, the police are now searching for the culprits who are currently absconding. The police have filed a complaint against one Munshi Khan and his associates.

In Morena, Madhya Pradesh, a Dalit sarpanch was reportedly tied to a tree and beaten. After the violence, the man was forced to flee his native village. The sarpanch of Koutharkalan panchayat has reportedly filed a complaint at the Porsa police station on Thursday. He had reportedly faced harassment over the past two years. The attackers had pressured him to leave his position and hand over his digital account details. However, after he refused to follow their demands, the goons allegedly took him to the outskirts of Koutharkalan, tied him to a tree, and brutally thrashed him, covered in a report by CJP.

However, before 2022, India registered 1,89,945 cases of crimes against the Dalit community during the four-year span (42,793 in 2018, 45,961 in 2019, 50,291 in 2020, and 50,900 in 2021). Out of all these cases, chargesheets were filed in 1,50,454 of these cases which resulted in only 27,754 convictions. These are records of only reported crimes having taken place, there is no way to account for cases that never reached law enforcement officers.

What is the Prevention of Atrocities Act 1989?

While acknowledging the deep-rooted caste system and its role in perpetuating atrocities, the Parliament of India enacted the scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules 1995 that come into force with effect from January 30, 1990. This special legislation enacted with aims to preventing commission of offences by persons other than Scheduled Castes and Schedules Tribes against members of SCs and STs and also provide for Special Courts for trial of such offences and for relief and rehabilitation of the victims of such offences. The PoA Act is extended to whole of India.

Ineffective implementation of PoA act still a challenge for Social Justice

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, remains ineffectively implemented, undermining social justice and defying Supreme Court directives. Despite landmark judgments and established special courts, rising atrocities and low conviction rates expose systemic apathy, compromising protection for marginalised communities.

Importantly, the Supreme Court of India in a landmark judgement of National Campaign on Dalit Human Rights & Ors. vs. Union of India & Ors. (2017) 2 SCC 432, where the bench led by then CJI T.S. Thakur and Justices D.Y. Chandrachud and L. Nageswara Rao, directed the strict implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This pivotal decision affirmed the findings of the Justice K. Punnaiah Commission (appointed by the Andhra Pradesh Govt in April, 2003 to inquire into the crimes suffered by SCs and STs) and the 6th Report of the National Commission for Scheduled Castes and Scheduled Tribes.

In the National Human Rights Commission’s ‘Open House Discussion’ on “Prevention of Atrocities and other forms of Discrimination against SC/ST Community: Challenges, Protection and Way Forward” held on June 23, 2023, the Director, Ministry of Social Justice & Empowerment also expressed its concern and pointed out that a predominant rise in cases can be seen after the amendments that widened the gambit of the Act when they were introduced. This requires strengthening of the administrative regime, especially the institutional mechanisms or the Police Protection Cells as mandated under the PoA Act, which is being looked after by the MoSJ&E. He further added that as of now, a total of 176 executive special courts have been constituted across the country in order to make the system more approachable for the victims.

The full report of the Ministry of Social Justice may be read here:

Related:

Hate Watch: violence against Dalits fails to get attention

Dalit woman dies of suspicious circumstances after brother, uncle beaten to death

Accused of not voting for “free ration”, Dalit man beaten brutally in UP

The post BJP-ruled states account for highest Dalit violence cases, UP on top, MP records highest reported crimes against STs appeared first on SabrangIndia.

As per the majority view of the bench, by allowing for the sub-categorisation of scheduled castes in reservations, a wider protection for underrepresented groups will now be possible. The detailed judgment in the case, which runs into a total of 565 pages, consists of six separate concurring judgments. The majority view has overruled the 18 year-old, E.V. Chinnaiah v. State of A.P., [(2005) 1 SCC 394] judgment, wherein a five-judge bench of the Supreme Court had held that Scheduled Castes form a homogenous class and there cannot be any sub-division amongst them. The five judge bench had further held that such sub-classification of SC/STs is contrary to Article 341 of the Constitution.

The present judgment in the case had essentially considered two aspects while hearing the case:

(1) whether sub-classification within the reserved castes be allowed, and

(2) the correctness of the decision in E.V. Chinnaiah case

The Supreme Court has now overturned the decision in E.V. Chinnaiah case and permitted for the sub-classification within the SCs in State Of Punjab And Ors. v Davinder Singh And Ors. The said ruling will significantly impact states aiming to provide greater protection to certain castes that remain significantly under-represented despite reservations, compared to the more dominant scheduled castes. The court noted that “historical and empirical evidence indicates that Scheduled Castes are not a homogenous group.” It also clarified that although sub-classification is permissible, states cannot allocate 100% reservation to a sub-group. A safeguard has also been introduced as the Court has necessitated that the state justifies the sub-classification with empirical data showing the sub-group’s inadequate representation.

Significantly, the three day long hearings in the case had taken place in the month of February 2024, and the judgments had been reserved on February 9, 2024.

Historically background of the issue at hand:

In the year 1975, the Punjab government had issued a notification that divided its 25% Scheduled Caste (SC) reservation into two categories. The first category reserved seats exclusively for the Balmiki and Mazhabi Sikh communities, recognizing the two categories to be the most economically and educationally backward communities in the state. As per the notification, these communities were given first preference for reservations in education and public employment. The second category had then comprised the remaining SC communities.

This notification remained effective for nearly 30 years but faced legal challenges in 2004. A five-judge Constitution Bench struck down a similar law introduced by Andhra Pradesh in the year 2000. E.V. Chinnaiah had contested the validity of the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000 (AP Act 20 of 2000). This Act was enacted following recommendations from a committee led by Justice Ramachandra Raju, wherein the committee had identified specific groups within the Scheduled Castes listed under Article 341 of the Indian Constitution who had not benefited from reservations in admissions to professional colleges and appointments to state services. In the E.V. Chinnaiah case, the Supreme Court had invalidated the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000, holding in their judgment that it violated the right to equality. The Andhra law had created a detailed list of SC communities in the state and specified the quota of reservation benefits for each.

Through the E.V. Chinnaiah judgement, the bench comprising Justices N. Santosh Hegde, S.N. Variava, B.P. Singh, H.K. Sema, S.B. Sinha had held that sub-classification violated the right to equality by treating communities within the SC category differently. It emphasized that the SC list should be treated as a single, homogenous group because the Constitution classified certain castes in a Schedule due to their historical discrimination and untouchability. Therefore, these communities could not be treated differently from one another. The court also highlighted Article 341 of the Constitution, which grants the President the power to create a list of SC communities for reservation purposes. The five-judge Bench concluded that this provision meant states could not “interfere” with or “disturb” this list, including through sub-classification.

Two years after the Supreme Court ruling, in the year 2006, the Punjab and Haryana High Court had through their judgment in Dr. Kishan Pal v. State of Punjab had struck down the 1975 notification categorising the SC communities in Punjab. Only four months after the judgment striking down the notification was delivered by the Punjab and Haryana High Court, in October 2006, the Punjab government attempted to reinstate the law by passing the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006. This Act reintroduced the first preference in reservations for the Balmiki and Mazhabi Sikh communities. However, in 2010, the High Court once again struck down this provision. The Punjab government then appealed to the Supreme Court.

SC and reconsideration of the issue of the sub-categorization:

In 2014, the Supreme Court in Davinder Singh v. State of Punjab referred the appeal to a five-judge Constitution Bench to reconsider the E.V. Chinnaiah decision, as it involved examining various constitutional provisions. As the issue was regarding a constitutional interpretation, a bench of at least five judges was required to hear the matter.

In 2020, the Constitution Bench led by (retired) Justice Arun Mishra and comprising Justices Indira Banerjee, Vineet Saran, M R Shah and Aniruddha Bose had ruled that the E.V. Chinnaiah decision prohibiting sub-categorization required reconsideration. As per the decision delivered by the bench, the benefit of reservation was not percolating down to the neediest and poorest of the poor and the court and the state “cannot be silent spectators and ignore stark realities.” It was through the said judgment that the idea of Scheduled Castes being a homogeneous group was challenged as the Court had observed that there are “unequal within the list of Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes.” The bench had also recommended the larger bench to consider the bearing of the judgment in Jarnail Singh v. Lachhmi Narain Gupta, wherein a 5-judge bench had observed that the exclusion of the “creamy layer” from the Scheduled Castes for securing the benefit of reservation does not tinker with the Presidential List under Article 341. All the castes included in the list of Scheduled Castes are given the benefit of reservation even if they are sub-classified.

The CJI Chandrachud led seven judge bench hearing the present matter. Both the previous Davinder Singh judgment as also the E V Chinnaiah judgment had been delivered by a five-judge bench, hence a review by a larger seven-judge Bench of the Supreme Court.

Notably, the sub-classification strategy will affect not only the Balmikis and Mazhabi Sikhs in Punjab and Madiga in Andhra Pradesh but also the Paswans in Bihar, the Jatavs in UP, and the Arundhatiyars in Tamil Nadu. 

Observations of the Supreme Court:

Six broadly concurring judgments were delivered by the bench except on the contentious issue of “creamy layer” on which four of the even judges opined and two were silent. The details are as follows:

Chief Justice Chandrachud and Justice Misra: “Sub-classification is one of the means to achieve substantive equality”

The judgment authored by CJI Chandrachud begins by referencing Article 14 of the Constitution, which guarantees equality before the law and equal protection by the law. The judgment emphasizes that equality cannot be identical for individuals who are not similarly situated, underscoring the principle of substantive equality. The CJI states that the guarantee of equality means all persons in similar circumstances must be treated alike, ensuring parity of treatment under similar conditions. Equality does not imply sameness; the State can classify in a non-discriminatory manner. The doctrine of classification gives meaning to the guarantee of equal protection, focusing on equality of results or opportunities over equality of treatment.

Addressing whether sub-classification violates Article 14, the CJI asserts that Article 14 guarantees factual, not formal, equality. Thus, if individuals are not similarly situated concerning the law’s purpose, classification is permissible. This logic extends to sub-classification, allowing further classification of an already established class for a limited purpose if it is heterogeneous for another purpose.

The CJI also references Dr. B.R. Ambedkar’s ideology, highlighting Ambedkar’s view that applying a uniform criterion to identify the depressed class is inappropriate. Ambedkar noted that differences in tests of untouchability do not indicate differences in the conditions of the untouchables, as the underlying notion remains the same: it is beneath dignity to interact with or touch persons of certain castes. He observed that varying degrees of rigidity in practicing untouchability do not change the fundamental notion of the practice.

In conclusion, the following was held by CJI Chandrachud and Justice Misra through the judgement:

1. On the issue of subclassification within the Scheduled Castes, it was held that Scheduled Castes can be further classified if:

(a) there is a rational principle for differentiation

(b) if the rational principle has a nexus with the purpose of sub-classification

2. On the issue of Scheduled Castes being homogeneous, this judgement held that Scheduled Caste cannot be deemed to be a homogenous integrated class as enough empirical evidence indicates towards their being inequality within the Scheduled Caste itself. The judgment further provided that the inclusion of the Scheduled Castes within Article 341 does not automatically make lead to the formation of a uniform and internally homogenous class which cannot be further classified. Inclusion in Article 341 if for the purpose of identification of Scheduled Castes by distinguishing them from other groups.

3. The judgment further held that State in exercise of its power under Articles 15 and 16 is free to identify the different degrees of social backwardness and provide special provisions (such as reservation) to achieve the specific degree of harm identified. However, on the issue of scope of states on sub-classification of Scheduled Castes, the judgment held that the exercise of sub-classifying by the state can only be undertaken on the basis of quantifiable and demonstrable data bearing on levels of backwardness and representation in the services of the State. The judgment specifically stated that the State must prove that the group/caste carved out from the larger group of Scheduled Castes is more disadvantaged and inadequately represented. The judgment also clarified that any such a model that excludes some Scheduled Castes from the benefit will be unconstitutional.

Justice BR Gavai: “Duty of the state to give preferential treatment to the more backward communities”

Justice B.R. Gavai, in his concurring judgment, begins by discussing the historical emergence of Scheduled Castes and Scheduled Tribes in the Constitution of India. He also acknowledges the movements led by B.R. Ambedkar against the dominant caste to combat the discrimination, exclusion, and mistreatment faced by marginalized communities.

As per J. Gavai, Dr. Ambedkar stressed the need for a formula that would balance equality of opportunity with providing reservations for communities that had been historically excluded from administration. He noted that the equality of opportunity must be harmonized with the demands of certain communities. It was highlighted by B.R. Ambedkar that due to historical factors, the administration had been dominated by one or a few communities, a situation that should be rectified to allow others an opportunity in public services. Therefore, Ambedkar argued that a qualifying term like “backward” was necessary to make reservations workable. He justified the Drafting Committee’s use of the word “backward,” stating that determining what constitutes a backward community would be the responsibility of each local government.

After analysing the significant judgments of the Supreme Court that have contributed to the evolution of reservation and the observations made by the judges in those judgments, J. Gavai stated in unequivocal terms held that preferential treatment for members of backward classes alone can mean equality of opportunity for all citizens. As provided in the judgment, if the State, in fulfilling its duty, discovers that certain groups within the Scheduled Castes and Scheduled Tribes are underrepresented while only a few groups are fully benefiting from the reservations, the State cannot be prevented from providing more preferential treatment to these underrepresented categories. As per J. Gavai’s view, doing the same would not interfere with the Presidential List of Scheduled Castes.

In his judgment, J. Gavai addresses the ground realities faced by marginalised communities in India, noting that even among the Scheduled Castes, certain groups have endured more inhumane treatment over centuries compared to others. He asserts that categories within the Presidential List that have already benefited significantly from reservations should not oppose the State’s provision of special treatment to those who have been deprived of such benefits, especially when it does not diminish their existing benefits. J. Gavai concludes that to achieve true equality, as envisioned by various judicial pronouncements, sub-classification among the Scheduled Castes to provide more beneficial treatment is entirely permissible under the Constitution.

In conclusion, the following was held by J. Gavai through the judgement:

1. On the issue of the exclusive power of the President to identify SCs under Article 341 (2), J. Gavai stated that Articles 341 and 342 are only with regard to identification of the Scheduled Castes and Scheduled Tribes. Articles 341 and 342 read with clauses (24) and (25) of Article 366 of the Constitution provide that those castes included in the Presidential List shall be deemed to be Scheduled Castes and Scheduled Tribes for the purposes of the Constitution. However, the aforementioned Articles 341 and 342 do not deal with reservation.
2. Any exercise through which the State decides to provide 100% of the reservation for Scheduled Castes to one or more categories enlisted in the Presidential List in that State to the exclusion of some categories, the same would not be permissible. J. Gavai has provided that there are various judicial pronouncements that have emphasized that a reasonable classification is implicit in the trinity of Articles 14, 15 and 16 of the Constitution. Therefore, the same standards and benchmarks can be employed if somebody approaches the Court with the prayer to examine as to whether such a classification is reasonable or not.
3. On the issue of Scheduled Castes being a homogenous group, J. Gavai has held the same to be untrue, by emphasising that the hardships and the backwardness which certain categories within the Scheduled Castes have suffered historically would differ from category to category.
4. On the issue of standard for sub-classification of Scheduled Castes, J. Gavai held that in cases where the State makes a classification, it will have to be established that the group carved out from the larger group is more disadvantageous and not adequately represented. The classification would also have to be supported by empirical data. It was emphasised that the result of classification is to be to provide more preferential treatment to this more disadvantageous and less represented group, and the ultimate object would be to achieve real equality among all the sub-groups in the larger group.

Even though the only judgment whose correctness in question was E.V. Chinnaiah and the only issue of contention of the sub-classification of Scheduled Castes, the judgement of J. Gavai also speaks of the application of creamy layer to the Scheduled Castes. Justice Gavai noted that since the Constitution recognizes the Scheduled Castes and Scheduled Tribes as the most backward sections of society, the criteria for excluding individuals from affirmative action within these categories should differ from those applied to other classes. Providing instances, J. Gavai said that a person from such a category who attains a position like that of a peon or sweeper through reservation still remains socially, economically, and educationally backward. However, those who have benefited from reservations and have risen to high positions in life can no longer be considered socially, economically, and educationally backward to continue availing affirmative action benefits. Having reached a certain stage, they should voluntarily relinquish these special provisions to allow more deserving and needy individuals to benefit.

1. Based on this, Justice Gavai, therefore, opined that the State must develop a policy to identify the creamy layer within the Scheduled Castes and Scheduled Tribes to exclude them from affirmative action benefits. In his view, this is the only way to achieve true equality as envisioned by the Constitution. (It is to be noted that this is only an observation and cannot be implemented as the issue in contention of the present case did not involve any question of implementing the creamy layer principle to the SC.)

Justice Vikram Nath: “sub-classification by the State to be supported by empirical data”

In his judgment, J. Nath stated that he was in agreement with the reasons and conclusions arrived at in the opinions of CJI Chandrachud and J. Gavai.

In conclusion, the following was held by J. Nath through the judgement:

2. The judgment in V. Chinnaih case stands overruled and that sub-classification within Scheduled Castes was permissible.
3. Any exercise involving sub-classification by the State must be supported by empirical data.
4. Nath opined that ‘Creamy layer’ principle to be applicable to the Scheduled Castes and Scheduled Tribes, and that the criteria for exclusion of creamy layer for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes. (It is to be noted that this is only an observation and cannot be implemented as the issue in contention of the present case did not involve any question of implementing the creamy layer principle to the SC.)

Among the four of the seven judges, Justice Mithal is possibly the most regressive when it comes to identifying himself one generation as enough to classify privilege as “creamy layer!

Justice Pankaj Mithal: “It is to achieve the social objective of bringing every citizen on equal level that provision for reservation came to be made”

In his judgment, J. Mithal stated that the issue of sub-classification of scheduled castes has been appropriately answered by the Chief Justice and Justice Gavai in their separate opinions. However, since the matter in issue is basically concerning “reservation”, he wished it appropriate to pen down my own views separately. As a part of his judgment, he also wrote about the ramifications of reservations.

J. Mithal primarily focussed on the objective behind bringing in the provision of reservation for the backward class of persons and scheduled castes as well as scheduled tribes through the path of the Constitution of India. He also provided a summary of the constitutional amendments carried out for the purposes of extending the benefit of reservation to the reserved categories would reveal that the Constitution has been amended as many as 9 times in order to implement the reservation policy in a fair and impartial manner so that the “so-called depressed classes” may be elevated at par with the forward classes.

Regarding the impact of reservation policies and their implementation in bringing the most marginalized groups into the mainstream, J. Mithal notes that regardless of the success or failure of these policies, one certainty is that they have significantly burdened the judiciary at all levels, especially the High Courts and the Supreme Court, with extensive litigation. This burden could have been avoided if a robust reservation policy with a clear vision had been established under the constitutional provisions from the outset, instead of making piecemeal changes over time.

As per the judgment, J. Mithal observed experience have shown that every selection and appointment process in government services and higher education admissions is often challenged in court due to alleged misapplication of reservation rules, and these legal challenges frequently cause significant delays in appointments and admissions, leaving vacancies unfilled for extended periods and leading to stop-gap or ad-hoc appointments, which in turn generate more litigation. Despite considerable efforts by all branches of the State to streamline and perfect the reservation process, the lack of a visionary approach for uplifting backward castes has created more difficulties than it has resolved.

Pursuant to this, J. Mithal highlights that reservation benefits often do not reach the most deprived and marginalized individuals. Statistics reveal that about 50% of students from the most backward classes drop out before Class V, 75% before Class VIII, and up to 95% before high school. Consequently, only children from relatively affluent or urbanized castes benefit from higher education and reservation advantages. It is clarified by J. Mithal that by highlighting these points, he is not suggesting for ending the upliftment efforts or abandoning the reservation policy. Rather, J. Mithal is pointing to the challenge lies in how to effectively promote equality and development and how the government has relied on caste for upliftment rather than focusing on vocational or socioeconomic conditions to identify those truly in need. In his opinion, this approach has led to complications such as sub-classification within reserved castes, where the relatively better-off within these groups often occupy most of the reserved vacancies, leaving the most disadvantaged with minimal benefits.

Justice Mithal – in seemingly unwanted references – comments that primitive India had no caste system, and the varna system that was encouraged by the Bhagwat Gita and was based on occupation, was misinterpreted as a caste system. After independence, efforts to create a casteless society were undermined as the reservation policy, intended to uplift depressed and backward classes, inadvertently reinforced caste divisions. According to him, once privileges like reservations are granted, they tend to expand and become entrenched. Thus, the judgment of J. Mithal states that while reservation aims to help OBCs, SCs, and STs, its implementation has revived casteism rather than eliminating it.

In conclusion, the following was held by J. Mithal through the judgement:

1. On the issue of sub-classification within the Scheduled Castes, J. Mithal stated that sub-classification has become the order of the day to uplift the backward of the backwards within the Scheduled Castes.
2. On the issue of there being a violation of Article 341(2) of the Constitution in sub-classification within the scheduled caste, J. Mithal held the same to not be the case as by such sub-classification no caste is being included or excluded from the list of scheduled castes.
3. It was opined by J. Mithal, in addition to the observations made by J. Gavai in his judgment that the caste to which this person belongs may not be excluded as a whole from the benefit of reservation but certainly the family which has obtained the benefit once shall not be allowed to take advantage of reservation in the next generation. Accordingly, J Mithal stated that the reservation to such families has to be confined to one generation only. He further gave the observation that the policy of reservation, as enshrined under the Constitution and by its various amendments, requires a fresh re-look and evolvement of other methods for helping and uplifting the depressed class or the downtrodden or the persons belonging to SC/ST/OBC communities. (It is to be noted that this is only an observation and cannot be implemented as the issue in contention of the present case did not involve any question of re-looking reservation.)

Justice Satish Chandra Sharma: “sub-classification by the State must be supported by empirical data that underscores the more ‘disadvantaged’ status of the sub-group”

In his judgment, J. Sharma stated that he was in agreement with the lucid and detailed opinion(s) of CJI Chandrachud and J. Gavai.

In conclusion, the following was held by J. Nath through the judgement:

1. Validity of sub-classification within Scheduled Castes held to be constitutionally permissible.
2. Any exercise involving sub-classification by the State must be supported by empirical data that ought to underscore the more ‘disadvantaged’ status of the sub-group to which such preferential treatment is sought to be provided vis-à-vis the Constitutional Class as a whole.
3. Nath opined that he was in agreement with J. Gavai regarding the issue of ‘Creamy layer’ principle to be applicable to the Scheduled Castes and Scheduled Tribes, and that for the full realisation of substantive equality inter se the Scheduled Castes and Scheduled Tribes, the identification of the ‘creamy layer’ qua Scheduled Castes and Scheduled Tribes ought to become a constitutional imperative for the State. (It is to be noted that this is only an observation and cannot be implemented as the issue in contention of the present case did not involve any question of implementing the creamy layer principle to the SC.)

The lone dissenting judgment in this case was delivered by Justice Bela Trivedi. This has been analysed later in this analyses.

Arguments put forth in the Supreme Court:

During three days of hearings, the petitioners presented their arguments over two days, while the respondents had one day to make their case. A brief rejoinder was submitted at the end of the third day, after which the judgment was reserved. Although the union and state governments usually oppose each other on such issues, they, along with the petitioners, united in support of sub-classifications within the reserved categories. They contended that the court’s jurisprudence had evolved to acknowledge that some groups within the legally recognized backward classes are more disadvantaged than others. The detailed arguments are as follows:

By the Petitioners-

1. Need for sub-classification to ensure adequate representation: The petitioners argued that sub-classification was essential to ensure adequate representation of the most disadvantaged groups within the Scheduled Caste category. They maintained that it addressed the issue of varying degrees of backwardness within the category. The petitioners highlighted the diversity within the Scheduled Castes and the different levels of discrimination faced by these groups, highlighting those occupational differences contributed to the formation of subclasses within the broader backward class. Furthermore, the petitioners argued that although Scheduled Castes share a history of discrimination, they are not a homogeneous group. Each caste within the category experiences varying degrees of discrimination and differing levels of economic, social, and educational development.

2. Incorrect application of rationale in V. Chinnaiah judgment considering Indra Sawhney case: The petitioners pointed out that the logic applied in E.V. Chinnaiah case, in light of the Indra Sawhney judgment, was flawed. It is essential to note that in the E.V. Chinnaiah case, the Andhra Pradesh government’s reliance on Indra Sawhney judgment was rejected as the bench in Chinnaiah had noted that Indra Sawhney allowed sub-classification only for Other Backward Classes, not for SCs/STs.

3. State government’s best positioned to assess community backwardness: In both V. Chinnaiah case and Davinder Singh case, the Andhra Pradesh and Punjab governments had, respectively, enacted laws creating quotas for specific castes within the Scheduled Caste groups. The petitioners asserted that states were best positioned to assess the backwardness of a community at the local level. It was also submitted by the petitioners that since sub-classification did not involve creating or identifying new castes within the presidential list, the same does not go against the mandate of the Constitution of India. That power to subscribe Schedule Castes remained with the president. Similarly, inclusion or exclusion from the list was a power reserved for Parliament, while the states were merely adjusting the distribution of available resources to ensure those who had not adequately benefited from reservations could do so.

Notably, Article 341 (2) provides that “Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) 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.”

4. Article 16 (4) allows for sub-classification: The petitioners had also underscored the language that had been used in Article 16(4) of the Constitution, and contending that the Article allows the State to provide reservations for backward classes who are not “adequately represented” in State services. As the phrase used is “adequately” and not “equally”, the petitioners had argued that there was no obligation to provide the same opportunities to every community in the Presidential list. They further argued that under Article 16(4) of the Constitution, “state” includes all local governments.

In addition to the abovementioned, the petitioners had also highlighted the recently introduced Article 342A of the Constitution, through which States and Union Territories have been specifically empowered to maintain a list of Socially and Economically Backward Classes which may be different from the Presidential list.

5. Preferential treatment does not impact reservation, is rather a concept akin to creamy layer: In another crucial 2018 ruling in Jarnail Singh v. Lachhmi Narain Gupta, the Supreme Court bench led by Justice Nariman had upheld the “creamy layer” principle within the SCs, introducing an income ceiling for reservation eligibility, which was applied to SC promotions for the first time in 2018. During the hearing, the petitioners had argued that sub-classification within the SCs was similar to applying the creamy layer formula, where instead of excluding the better-off castes from the Scheduled Caste list, preferential treatment is given to the most disadvantaged castes. It was the opening provided by this judgement that led to four of the seven judges in the present case to bring up the issue of creamy layer even when it was not a specific issue at all argued by the petitioners before the court.

6. Failure to apply the twin test of reasonable classification in V. Chinnaiah case: The petitioners argued that the Supreme Court’s ruling in E.V. Chinnaiah failed to apply the twin test of reasonable classification before concluding that sub classification within SC/STs would violate Article 14. As per the petitioners, the court had overlooked the existence of social data supporting its conclusion. This was in contrast to the detailed empirical data on backward classes presented in the Investigative Report of Justice Ramachandra Raju, which the High Court had originally relied upon when considering E.V. Chinnaiah. 

By the Respondents-

1. Schedule castes deemed a homogeneous group: According to the respondents, Article 341(1) establishes homogeneity by grouping diverse castes into a single “Scheduled Class.” Supporting the Supreme Court’s judgment in E.V. Chinnaiah, it was argued by the respondents that despite differences among castes within the Scheduled Caste list, they are “deemed” a homogeneous group under the Constitution of India. As per the respondents, the same was done because they share a commonality of discrimination and backwardness, as was also marked by their inclusion in the presidential list for Scheduled Castes. Thus, any differences are overshadowed by the constitutional framework. Furthermore, the respondents had argued that the purpose of Article 341 was to highlight the common thread of discrimination and backwardness across diverse groups within the SCs, whether social, educational, or otherwise.

2. President power to identify SCs under Article 341 (2): The respondents asserted that the presidential list of Scheduled Castes, which includes state-specific entries, is immutable and only the president has the authority to identify castes for inclusion under Article 341(2). Any changes to this list, such as inclusion or exclusion of castes, fall under the jurisdiction of Parliament, not the state governments. While state governments may be consulted, they lack the power to create sub-classifications independently. Sub classification authority is exclusively within the domain of Parliament as stipulated by Article 341(2). Although state governments can raise concerns about new identifications, they must do so through proper channels.

3. Violation of Article 16(2): The respondents contended that while Scheduled Castes are presumed to be backward, an individual caste cannot be treated as a class under Article 16(4). Enacting laws for specific castes within the Scheduled Caste lists would, they argued, violate Article 16(2).

4. Sub-classification undermines reservation: Another argument put forth was that sub classification would render reservations ineffective for other subclasses within the SC category, as it would prevent a unified implementation of benefits. This would undermine the purpose of reservations.

Creamy layer – Is it another way to exclude? 

Arguably, two historical and contemporary realities ought not to permit the applicability of the criterion of “creamy layer” to the SCs. Articles 15(4) and 16(4) of the Constitution guarantee affirmative action to the socially and educationally backward classes of society by the state. While Article 15(4) makes special reference to SCs and STs, the term backwardness subsumes SC and STs in Article 16 (4).

In defining social backwardness, the social impediments caused by the practice of untouchability and the consequent educational, and social backwardness, this phenomenon has given rise to, are duly recognised. While enacting these Articles of the Constitution -given the rigid caste system existing in the country—Constitution framers observed that even though economic and educational mobility of the SCs would be possible by reservation and other affirmative action by the state to a small beneficiary segment of SCs, this will not bring in social mobility for the same class. Hence, the creamy layer which by definition presumes not only relative better economic and education status, but also social status, should not or cannot be applied for the SCs. This was the rationale.

This also has a flip side. This social predicament of the SCs’ perpetual social immobility precludes the benefits of reservation perpetuating to a tiny class within the SCs without allowing it to percolate further down, hence creating a vested interest against the application of creamy layer to the SC category.

Denying adequate representation?

This pertinent question which would eventually find an answer in the argument of “creamy layer,” does not, however, provide a satisfactory answer for the negative implications of such an exclusion of the creamy layer within the SCs for reservation/affirmative action. This is about the emergence of an existing situation which is already witnessing a lack of suitable SC candidates in the middle and higher cadres. This ‘dearth of suitable candidates’ would multiply if the post in the previous cadre is not filled due to the application of the creamy layer principle. This would then increase the backlog without fulfilling the reservation or making the post general category for want of a suitable SC candidate.

Thus it would lead to inadequate representation overall that would defeat the very purpose of Article 16(4) which urges states to appoint backward classes which aren’t adequately represented. Hence while there is much discussion among privileged sections on the question of “creamy layer” among SCs, the stated purpose of introducing the creamy layer gets defeated by its execution and the same principle is manipulated by the forward caste for their benefit. In this era of neoliberalism and increasing withdrawal of the State from employment sectors, such a creamy layer policy would be a recipe for the regression of the rights of Dalits.

Both these questions of principles of SC backwardness and the pragmatic questions of retaining the opportunity for the next in the ladder ought to have been adequately addressed by the SC before invoking the creamy layer principle in deciding of sub-classification. The SC has unnecessarily passed its opinions and judgements without dealing with or answering the above Constitutional issues satisfactorily.

In fact, as stated before, the question of the creamy layer for the SCs was not before the bench at all.

Multiple opinions or directions?

Not only did the judges of the bench not answer the basic Constitutional questions that arose out of bringing in or applying the creamy layer category to the SCs, they also provided different solutions leaving the implementing authorities perplexed about what is to be followed. This could also pave the way for a problematic implementation of this verdict.

For example, the leading judgement by the CJI and Justice Mishra deliberates about the applicability of the creamy layer to the SCs and stops at underlining the understanding of the Indira Sawhney judgement on the issue. The Sawhney judgement had clearly held that the creamy layer did not apply to the SCs since their social mobility was not possible despite economic and educational mobility induced by reservation. The conclusion and direction given by the CJI and Justice Manoj Mishra do not have any reference to creamy layer at all!

The case for the applicability of creamy layer to the SCs is forcibly argued by another senior and the only Scheduled Caste judge on the bench, Justice BR Gavai. He concludes:

“…that the finding of M Nagaraj, Jarnail Singh and Davinder Singh to the effect that creamy layer principle is also applicable to Scheduled Castes and Scheduled Tribes lays down the correct position of law.”

Justice Gavail, however, gives some concession to the SCs by saying:

“that the criteria for exclusion of the creamy layer from the Scheduled Castes and Scheduled Tribes for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”

Justice Vikram Nath who concurs with CJI in the rest of the matter, takes the side of Justice Gavai by stating:

“I am also in agreement with the opinion of Brother Justice Gavai that the ‘creamy layer’ principle is also applicable to Scheduled Castes and Scheduled Tribes, and that the criteria for exclusion of creamy layer for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”

Justice Satish Chandra Sharma also follows Justice Gavai by stating:

“However, on the question of applicability of the ‘creamy layer principle’ to Scheduled Castes and Scheduled Tribes, I find myself in agreement with the view expressed by Justice Gavai i.e., for the full realisation of substantive equality inter se the Scheduled Castes and Scheduled Tribes, the identification of ‘creamy layer’ qua Scheduled Castes and Scheduled Tribes ought to become a constitutional imperative for the State.”

It is Justice Pankaj Mittal who goes several steps ahead in this pursuit of excluding SCs from the ambit of reservation. He states in his judgement that:

“The reservation, if any, has to be limited only for the first generation or one generation and if any generation in the family has taken advantage of the reservation and have achieved higher status, the benefit of reservation would not be logically available to the second generation; and (iv) It is reiterated that periodical exercise has to be undertaken to exclude the class of person who after taking advantage of reservation has come to march, shoulder to shoulder with the general category.”

By this logic, even sons and daughters of a D grade employee who would have got the job due to reservation shall not be qualified for the benefits of reservations in future!

Dissenting Judgement of Justice Bela Trivedi:

J. Trivedi, in her dissenting judgment, questioned the reference through which the present case was being heard by the Supreme Court. The doctrines of binding Precedents and Stare decisis, as well as judicial discipline and propriety developed over the years, require that a smaller Bench follows the decision of a larger Bench. If the smaller Bench has doubts or disagreements with a decision of a larger Bench, it may refer the matter for reconsideration to the larger Bench, but only after providing reasons and justification for why it could not agree or follow the earlier decision. Such disagreements must be based on justifiable reasons, such as the earlier decision being manifestly wrong or substantial changes in the contextual values that led to the earlier view. A casual exercise of referring the matter to a larger Bench without recording reasons or simply because the later view seems more reasonable can create legal uncertainty and confusion, which should be avoided.

According to her, three-bench referred to the larger Bench without providing any reason, much less a cogent one, as to why it could not agree with the decision in E.V. Chinnaiah, which was delivered by the Constitution Bench. It was highlighted by her that the law established by a Constitution Bench and upheld for 15 years was questioned and unsettled by the three-judge Bench through a very brief and perfunctory order lacking any reasoning.

Referring to the case at present, she stated that the present reference should not have been entertained by the subsequent five-judge bench in Davinder Singh case, which was then referred to the seven-judge bench.

In conclusion, the following was held by J. Trivedi through the judgement:

1. On the issue of the reference made against the V. Chinnaiah case, which led to the present hearing, J. Trivedi held that the three-judge bench in the Davinder Singh case should not have doubted and referred the matter to the larger bench without providing any reasons, much less cogent ones, for their disagreement, thereby disregarding the well-settled doctrines of Precedents and Stare decisis.
2. Regarding the exclusive power of the President under Article 341 to identify and notify “Scheduled Castes” and the notion of Scheduled Castes as a homogenous group, the judgment stated that the etymological and evolutionary history and background of the term “Scheduled Castes,” along with the Presidential orders issued under Article 341, make the “Scheduled Castes” a homogenous class that cannot be altered by the States.
3. On the issue of the States’ legislative competence to enact laws providing for reservation, J. Trivedi stated that the States do not have the authority to give preferential treatment to a particular caste or castes by dividing, subdividing, subclassifying, or regrouping the castes, races, or tribes listed as Scheduled Castes in the notification under Article 341. The judgment emphasized that under the guise of providing reservation or taking affirmative action for the weakest sections of society, the State cannot modify the Presidential List or tamper with Article 341 of the Constitution.
4. Trivedi held that the power conferred upon the Supreme Court under Article 142 cannot be used to supplant the substantive law applicable to the case under consideration. According to her, even with its broad scope, Article 142 cannot be employed to construct a new framework where none existed before, by disregarding explicit statutory provisions related to the subject, and thereby achieving indirectly what cannot be achieved directly. The State’s action, even if well-intentioned and affirmative in nature, cannot be validated by the Supreme Court under Article 142 if it violates specific provisions of the Constitution.

The complete judgment can be read as below:

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The post In a historic verdict, SC allows sub-classification within Scheduled Castes but makes regressive comments on creamy layer appeared first on SabrangIndia.

MP SC/ST welfare fund diverted for the welfare of cow

In Madhya Pradesh, SC/ST welfare fund diverted for the welfare of cow, museum and religious sites. According to documents reviewed by HT, of ₹252 crore meant for cow welfare (Gau Samvardhan and Pashi Samvardhan), ₹95.76 crore has been allocated from SC/ST sub-plan. The cow welfare fund has increased from about ₹90 crore last year.

For redevelopment of six religious sites, almost half of the money allocated for the current financial years is from the SC/ST sub-plan. The government in the budget presented in July announced ₹109 crore for developing Shri Devi Mahalok, Salkanpur in Sehore, Saint Shri Ravidas Mahalok, Sagar, Shri Ram Raja Mahalok Orchha, Shri Ramchandra Vanvasi-Mahalok, Chitrakut and for a memorial of former prime minister, Atal Behari Vajpayee in Gwalior

Madhya Pradesh is the second state after Karnataka to divert funds from the SC/ST sub-plan for other schemes. Karnataka decided to take ₹14,000 crore from the sub-plan for funding its welfare scheme, following which the National Commission for Scheduled Castes had issued a show cause notice to the state chief secretary seeking an explanation. The ST sub-plan was introduced in 1974 and SC sub-plan in 1979-80 to implement provisions of Article 46 of the Constitution that provides for states to care for promotion of education and economic interests of the weaker sections. Under the scheme, the Central provides 100% special assistance to states to fund their SC/ST sub-plans. As Hindustan Times reported

Dalit teen forced to drink Cow Urine in UP

In UP’s Shravati district three youth were arrested on for forcing a Dalit minor to drink cow uterine. The victim, who is barely 15 years old (technician), setting sound mixers and audio system at social cultural events. When he was on his way home after work on July 9 in night, he was accosted by the trio – Kishan Tiwari, Dilip Mishra and Satyam Tiwari, who were in an inebriated state.

The accused also misbehaved with the minor and thrashed him, and one of them shot a video of the entire incident, Said Gilaula police station SHO Mahima Nath Upadhyay.

The victim reached home and narrated the ordeal to his elder brother. Next day, his parents and brother lodged a police complaint. The accused were allegedly peeved over the boy’s family charging them extra for an audio system they had installed for a function at their house, police said.

20-Year-Old Dalit Man sets Himself on fire after assault by Employer in UP

On July 13, a 20-year-old Dalit man, Kamalkant allegedly committed suicide in UP’s Firozabad by setting himself on fire after being beaten by his employer and associates.

On July 6, Kamalkant requested an advance of Rs 60, 000 from his employer, Pramod alias Pappu, to repay a loan. Instead of helping, Pramod, along with his associates, held Kamalkant hostage and brutally thrashed him, according to Superintendent of Police (Rural) Ranvijay Singh. A case was registered against Pramod and his associates—Bhura, Bholu, Arjun, and Anuj on Thursday. Anuj was arrested on Friday, and efforts are ongoing to arrest the remaining suspects, SP Singh added.

Dalit youth beaten for social media post in Gujarat

On July 17, in Gujrat’s Ahmedabad a 24-year-old Dalit youth was beaten up by a group of upper caste men allegedly for upholding his picture on his social media handle on Instagram, wearing a traditional headgear and sunglasses. 

The incident happened in Sayebapur village in Himatnagar taluka of Sabarkantha district in north Gujrat on the intriguing night of July 17. According to the FIR filed, Ajay Parmar, who runs an auto rickshaw for living, was beaten up by four men from the Darbar community, who consider themselves Kshatriyas. Parmar has said in the FIR, which was registered on July 18, that while he was returning home in his auto, he was stopped by two people near the Navanagar bus stand. The accused allegedly started beating Parmar, objecting to Parmar’s display picture (DP) which he had uploaded on his Instagram account.

Ajay said that “they told me that only from the Darbar community can wear safa and sunglasses”.

The case against the accused has been lodged under various sections of Indian Penal Code (IPC), including 147 (rioting), 323 (voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of the peace) as well as the SC/ST Act.

This is not the first case in Gujarat where a Dalit has been beaten up for wearing sunglasses. In June 2023, a 21-year-old Dalit youth and his family were allegedly assaulted by the upper caste Rajput community members for purportedly wearing sunglasses and good clothes. The incident had taken place at Mota village in Palampur.

Several incidents of cast-based atrocities and violence have been reported across the country. Recently A Dalit minor boy brutally beaten by a school teacher. His mistake was that he refused to pluck lemons and Jamuns from the tree in the school for the teacher. The incident happened in Bareilly, Uttar Pradesh

A #Dalit minor boy brutally beaten by a school teacher. His mistake was that he refused to pluck lemons and Jamuns from the tree in the school for the teacher. The incident happened in #Bareilly district of #UttarPradesh. pic.twitter.com/ZgKnpoaKrp

— Hate Detector (@HateDetectors) July 23, 2024

However, on July 20, derogatory and hate oriented slogans such as “Chamar Quit India”, “Dalit Quit India”, “Brahmin-Bania Zindabad’, and “Hindu-RSS Zindabad” were found on the walls of Kaveri hostel in Jawahar Lal Nehru University (JNU).

In agitation various Ambedkarite students raises slogans of “Jai Bheem” in protest against the anti-Dalits Slogans.

जेएनयू में ‘चम#र भारत छोड़ो, दलित भारत छोड़ो, ब्राह्मण-बनिया ज़िंदाबाद, RSS जिंदाबाद’ लिखा गया…छात्रों ने विरोध में ‘जय भीम’ के नारे लगाए…@BAPSA_JNU @AISA_tweets @aisa_delhi pic.twitter.com/S6BqJrROnY

— The Mooknayak (@The_Mooknayak) July 21, 2024

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The post MP diverted SC/ST welfare funds for cow welfare, atrocities against Dalits reported across country appeared first on SabrangIndia.

The Presidential Orders regarding the Scheduled Castes and Scheduled Tribes are the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950. These orders were issued by the President of India under Articles 341 and 342 of the Constitution of India, which define who would be Scheduled Castes and Scheduled Tribes with respect to any State or Union Territory.

According to Article 341, the President may, with respect to any State or Union Territory, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall be deemed to be Scheduled Castes in relation to that State or Union Territory. Similarly, according to Article 342, the President may specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall be deemed to be Scheduled Tribes in relation to that State or Union Territory. The Parliament will have to pass a law, affirming the modification.

Commencing at the State or Union Territory level, the relevant government or administration initiates the process to request the addition or removal of a specific community from the SC or ST list. The ultimate authority for the decision resides with the President’s office, which issues a notification outlining the modifications using the powers vested in it from Articles 341 and 342.

For the inclusion or exclusion of any community in the Scheduled Tribes or Scheduled Castes list to take effect, it necessitates the President’s assent to a Bill amending the Constitution (Scheduled Castes) Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950. The approval of the Bill is contingent upon its successful passage through both the Lok Sabha and Rajya Sabha.

The state governments can recommend –either for the inclusion or deletion—based on their discretion or based on the committees that they have constituted. Those cases for inclusion or deletion, that are favoured by the state governments and the Registrar General of India will then be referred to the National Commission for Scheduled Castes (NCSC) or National Commission for Scheduled Tribes (NCST) for their opinion. There could be suggestions to the Commissions by the government to conduct further studies on the proposal using different means such as public hearings, or to make priority those cases on which a court has given specific directive in etc.

If all the three entities i.e., the Commission, the RGI and the state government give their nod of approval, an amendment would be proposed at the Cabinet level. If the Commission has not given its nod to the proposal, either to add or delete a community from the schedule, it would be rejected by the Ministry of Social Justice and Empowerment. If the Registrar General rejects the proposal, the Social Justice ministry or the Ministry of Tribal affairs sends it back to the state to re-examine the proposal, justify their recommendations in the light of comments of RGI; and if the RGI does not agree to the proposal too, the ministry may consider the rejection of proposal.

The RGI’s role

In an RTI query, it was found that for criteria to designate a community as Scheduled Tribe (ST), was being taken applying set guidelines from a 1965 committee. The criteria for Scheduled Tribe, as set out in the committee are indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness. These criteria have been termed dogmatic and rigid by an internal government committee in 2017. These old criteria, combined with a lack of data right now due to the lack of Census is worrisome.

With respect to Scheduled Castes (SCs), the Constitution (Scheduled Castes) Order of 1950 allows only Hindus as SCs, and Hindus here includes Sikhs and Buddhists after amendments in 1956 and 1990 respectively. This mean that Dalit Christians and Dalit Muslims do not get to be included in the list and the RGI has been reluctant to expand the order of 1950 beyond Hindus and Sikhs. Although Caste Inequalities exists in Indian Christian and Indian Muslim communities, they continue to be outside the ambit of the SC and ST status.

(The author is a researcher with the organisation)

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The post To include or exclude: process of including a Community in SC or ST list appeared first on SabrangIndia.

On December 13, during the ongoing winter parliamentary session, Ram Nath Thakur raised questions regarding the vacancies in the Ministry of Women and Child Development (WCD) and its subordinate organizations. Thakur is the leader of Janata Dal and represents Bihar in the Rajya Sabha. These questions were presented to Smriti Irani, who is currently serving as the Minister of Women and Child Development as well as the Minister of Minority Affairs.

The details regarding the total number of vacancies and the vacancies that had been filled up in the Ministry of Women and Child Development were asked by Thakur, for which the following data tables were provided.

As per the tables provided above, it can be observed that under the Ministry (Main Secretariat) Groups A and B, their respective vacancies have been filled efficiently. Out of 14 vacant positions in Group A, 13 have been filled up. In group B, out of the 34 vacant positions, 33 have been filled up. On the other hand, Group C’s vacant positions have not been filled up adequately as out of the 46 vacant positions, only 6 have been filled up.

Apart from this, Thakur has also enquired about the details regarding the total number of vacancies for the SC, ST and OBC, and the seats that had been filled up by them in the Ministry of Women and Child Development.

As per the data attached above, it can be noted that the vacancies of the Ministry (Main Secretariat) have not been filled up for either of the three categories: SC, ST and OBC. In the case of NIPCCD (National Institute of Public Cooperation and Child Development), it can be observed that out of the 5 positions vacant for the SC community, 15 positions have been filled up. Out of the 3 positions vacant in case of ST, 2 have been filled up. Out of the 24 positions vacant belonging to OBCs, 12 positions have been filled up.

It is also essential to note here that as per the data, there have been no generation of vacancies in CARA (Central Adoption Resource Authority) and NCPCR (National Commission for Protection of Child Rights) for the marginalised communities. The response further provides that the posts of NCW (National Commission for Women) are filled on Foreign Deputation basis and hence reservation is not applicable for them.

The Ministry’s main secretariat displays a significant gap in filling Group C vacancies, indicating an urgent need for attention and recruitment in this segment. Furthermore, the data reflects mixed progress in filling vacancies for SC, ST, and OBC categories across subordinate organizations. While there can be seen a positive trend in filling positions in NIPCCD for the SC, ST, and OBC categories, certain government bodies like CARA and NCPCR show no vacancies reserved for the marginalised communities, signalling a different employment scenario. The absence of filled vacancies for SC, ST, and OBC categories in the Ministry’s main secretariat calls for scrutiny and necessary actions to ensure equitable representation. However, the unique staffing criteria for NCW positions on foreign deputation exempts them from reservation policies, portraying a distinct operational model.

The complete answer can be accessed here:

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The post No vacancies for SC/ST/OBC in CARA and NCPCR, reservation policies not applicable to NCW: WCD Ministry appeared first on SabrangIndia.

The response by BSP MP, Ritesh Pandey, and the government detailed that over the last five years, a staggering 13,626 SC, ST, and OBC students have discontinued their education. The data reveals that 4,596 OBC candidates, 2,424 SC, and 2,622 ST students chose to drop out of Central Universities during this period. Furthermore, the statistics show that in the renowned institutes such as IITs, 2,066 OBC candidates, 1,068 SC, and 408 ST students decided to discontinue their educational pursuits. Similarly, at the esteemed IIMs, 163 OBC, 188 SC, and 91 ST candidates had dropped out.

He further gave the reason for the dropouts, stating that migrating to other courses is an occurrence, “In the Higher Education sector students have multiple options and they choose to migrate across institutions and from one course/programme to another in the same institution. The migration/withdrawal if any, is mainly on account of securing seat by the students in other departments / institutions of their choice or on any personal ground.” Furthermore, the ministry has no record of the data related to National Law Universities, as these institutes come under state legislature.

Furthermore, addressing concerns of dropouts in the university, the minister replied, “In order to proactively address any issues of SC/ST students, institutes have set up mechanisms such as SC/ST students’ cells, Equal Opportunity Cell, Student Grievance Cell, Student Grievance Committee, Students Social Club, Liaison officers, Liaison Committee etc. Further, University Grants Commission (UGC) has issued instructions from time to time for promoting equity and fraternity amongst students.” He also stated that the government has initiated several measures to address the issue. These include fee reductions, the establishment of additional educational institutes, scholarship programs, and access to national-level scholarships. Sarkar spoke about specific initiatives by the government like the ‘waiver of tuition fees in IITs’ and the provision of national scholarships under the Central Sector Scheme, aiming to support the welfare of SC/ST students.

The complete answer can be viewed here (1):

Furthermore, on December 4 the education minister responded to questions posed by A Raja, an MP from the DMK party. He had asked the minister questions on the discrimination records against Dalits and Tribals in private schools that was reported in the past 3 years, specific regulations by the government or by the CBSE to address said discrimination, and lastly the details of the circulars sent by the central government to private schools regarding instances and redressal of discrimination against these students.

The government responded by saying that Section 12(1)(c) of the RTE Act 25 % of seats in private schools are reserved for students belonging to disadvantaged groups or economically weaker sections, and furthermore, that the NEP 2020 has a provision that states it necessary for special attention to be given to reduce educational inequities pertaining to ST and SC groups. Interestingly, what the minister did not provide here was an answer to the question on how many instances of discrimination were noted against ST and SC students in private schools in the last three years.

The presence of marginalised students in universities has already presented dismal figures. According to the Ministry of Education’s report for the academic year 2020–21 earlier this year, it was revealed that amongst India’s 4.13 crore total registered students in universities about 14.2% belonged to the Scheduled Caste  category, 5.8% to the Scheduled Tribe  category, and 35.8% belonged to the Other Backward Class groups.

In addition to student demographics, a  concern emerges in the realm of teachers as well as responding to a query in the Lok Sabha, Minister of State for Education Subhash Sarkar earlier this revealed until April 1, 2023 India’s central universities have only on vice-chancellor from the SC community, one from the ST community, and about five from the OBC communities, revealing that all is not too well for teachers from marginalised communicates as well and revealed that in 45 central universities in India.

The complete answer can be viewed here (2):

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Towards Quality Universal and Accessible Education for All!  Protests against NEP 2020

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Bhopal: In one of the most iconic scenes from Satyajit Ray’s 1972 film Pratidwandi, the lead character was questioned about his “purpose in life” during a job interview. He said, “To get a job.” Yet, he was turned down. Five decades later, the actual and the fictional worlds seem to have merged as the nation finds itself in a similar situation where an excessively high number of people are looking for work but cannot find any.

Just like the film, Suneel Vaskale (30), a tribal from Kukshi block of Madhya Pradesh’s Dhar district, has made it his life’s purpose to find a job, but he did not get any in the last decade. Owing to penury, Vaskale, a post-graduate degree holder with various diploma certificates, ended up opening a tea stall after failing to get a government job.

“My parents have sacrificed many of their desires to educate me. My only aim is to look after them and feed the family,” said Vaskale over the phone. Striking a balance between exam preparations and 12 hours of work at the tea stall is the only goal Vaskale has these days. “After working at the tea stall for over 12 hours, I revisit my notes to be in the job’s race,” he said.

Vaskale is among the 39,698 unemployed tribals in Dhar district — highest in the state — registered with Madhya Pradesh’s Department of Technical Education, Skill Development and Employment.

According to the data tabled by the state government in reply to Congress MLA Pratap Grewal during the Monsoon session of the assembly, the state had 25.81 lakh registered unemployed youths till April 1, 2022.

Of 25.81 lakh, 30% (7.72 lakh) of the registered unemployed persons belong to scheduled caste and scheduled tribe categories, which account for 36% of the state’s total population. There were 4.35 lakh Scheduled Caste youths and over 3. 36 lakh from Scheduled Tribes. The remaining 70% of the unemployed people belong to OBC and general categories.

These numbers represent only the tip of an iceberg. The actual number of unemployed in the state will be higher since all do not register themselves at employment exchanges.  

Speaking to Newsclick, Vaskale talked about a pattern; he said, “When election days are close, the government notifies vacancies and seeks applications. The last date extends multiple times. After months of waiting, the agency announces the exam date. After a lot of hue and cry, the exam takes place, but the paper gets leaked a day before the exam. Subsequently, the government initiates a probe that lasts for a year, and after seeing irregularities, the exam gets cancelled. But the government holds no one accountable no one. The process takes over 2-3 years; in the meantime, elections take place. After returning to power, the government forgets about it.”

“For instance, during school teachers’ recruitment, the agency declared the results after a tiresome process, but the selected candidates have been waiting for the appointment letters for the last 2-3 years. On protesting, either they were removed by the police or slapped with FIRs,” he added.

According to Jagdish Nigwal, another tribal job aspirant from Sondwa block of tribal-dominated Alirajpur district, this vicious cycle has continued for over a decade, forcing several aspirants to commit suicide. “Hum taiyari kar kar ke thak gai hai. 2015 se 2022 ho gya, exam nahi ho rahe hai (We are tired of preparing. From 2015, now it is 2022, and still, no exam is being held),” he said in a video clip. “The aspirants are feeling suffocated in this vicious cycle,” Nigwal added.

The state government’s reply in the assembly also classifies unemployed youths according to how long they have been registered with the employment offices. The data reveals that over 20.71 lakh youth have been registered for a year or more, over 2.75 lakh for three years or more, and at least 68,000 for five years or more.

What’s more, is that a mere 1,647 jobs were given out against notified vacancies in employment offices in the decade between 2011-12 and 2021-22. Of them, 760 are in the general category, 323 SCs, 300 STs and 254 OBCs.

The data further shows that over 8.25 lakh people were given offer letters through job fairs between 2011 to 2021 — 2.89 lakh OBCs, 2.69 lakh unreserved, 1.54 lakh SCs and 1.11 lakh STs.

An analysis of the data reveals that Gwalior has the highest unemployment with 1.55 lakh registered jobless youth, followed by Bhopal at 1. 31 lakh, 1. 09 lakh in Rewa and 1.02 lakh in Morena. The top five districts account for over 20% of the state’s unemployment numbers.

In the state’s commercial capital, Indore, which has 1.02 lakh unemployed youth, aspirants have been on Bharti Satyagrah (Recruitment Protest) since September 21, 2022, at Deendayal Park near Bolaram Ustad Square. The students are demanding completion of the recruitment process of various departments pending since 2018-19.

Schedule Tribe

Madhya Pradesh has the country’s highest tribal population, accounting for 21.04% of the state’s population. The unemployment data presented by the government in the assembly shows that the state has 3,36,950 (13%) registered jobless tribals.

With 39,698 tribals, Dhar district has the highest number of unemployed tribals, followed by Jhabua with 20,121, Chhindwara 20,036, Balaghat 19,748, Mandla 18,520 and Khargone with 17,897 jobless. 

Schedule Caste

The Schedule Caste, which accounts for 15.54% of the state population, has 4,35,599 (16.87%) registered jobless youths across the state.

SCs (mostly Jatavs), with a sizable population in Gwalior-Chambal region, have the highest number of jobless youths, with 16% of the total jobless Dalits registered in the government data. Gwalior, Bhind, Morena and Shivpur of the region have 71,488 jobless dalits.

With 24,940 registered jobless SC youths, Gwalior has the highest number of unemployed dalits, followed by commercial capital Indore with 22,968, while state capital Bhopal has 21,587 dalit jobless youths.

Sumer Badole, a tribal aspirant who runs the Movement Against Unemployment in the tribal-dominated Barwani district, told Newsclick, “When we seek permission to protest against unemployment to make our rightful demands, we are turned down. When we carry out protests without permission, the police thrash us and file FIR to quell our voices. Besides, members of the ruling party threaten youths not to protest against unemployment.”

When the state was only 15 months away from the Assembly elections, Madhya Pradesh Chief Minister Shivraj Singh Chouhan announced to fill one lakh government posts in the next one year starting August 15.

He made the announcement during a two-day Yuva Mahapanchayat (youth conference) on July 23 to mark the birth anniversary of freedom fighter Chandra Shekhar Azad.

“The recruitment process for one lakh government jobs will start from August 15 and will be completed in a year,” the chief minister said. Citing that unemployment was a big challenge, Chouhan said, “The government will generate self-employment opportunities for two lakh youth each month, and for this, melas (fairs) will be held across the state every month.” 

Data analysis by Peeyush Sharma.

Courtesy: Newsclick

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(L-R) Ambanna (Standing), Ananth Naik, Justice Gokhale (retd), M Venkataswamy, Gyan Prakash Swamyji, B Gopal, Mavalli Shankar, Hennur Srinivas.

Bengaluru: Ambedkarite songs in Telugu blared from speakers in the first floor conference room of the Maurya Hotel in the state capital on Wednesday with followers of BR Ambedkar geared up to discuss ways to get around a Supreme Court (SC) ruling on the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (PTCL Act).

With the arrival of Gyan Prakash Swamiji, also known as Samvidhana Swamiji, the seer of the Urilinga Peddi Mutt, Mysore, the proceedings got under way. He is known for his fiery speeches against Brahminism and usually invited to speak at Ambedkarite gatherings. The meetings was attended by more than hundred people from several districts of Karnataka.

The PTCL Act aimed to ensure restoration of granted land (to dalits and tribes) unlawfully transferred by members of dominant castes. Manjunath, a High Court (HC) lawyer present in the audience, said that he fears 90% of Dalit land have already been lost.

The Act prescribes the procedure for the transfer of granted land and also empowers AC/DC to restore them. Section 4 of the Act also covers instances of land transfer prior to its commencement. The question before the participants of the meeting was how to ensure the Act can provide retrospective relief after the apex court imposed statute of limitations on PTCL cases (Nekkanti Rama Lakshmi vs state of Karnataka).

Mentioning the history of the Act, Dalith Sangarsha Samithi leader Hennur Srinivas said, “Lakhs of lands were distributed among Dalits and tribes in the erstwhile Mysore state for their economic uplift. It was also specifically mentioned that these land should not be sold. However, in due course, the land were acquired by people belonging to dominant castes.”

One of the earliest land movements, according to Srinivas, took place at Sidlipura village, in Bhadravati Taluk of Shimoga district, when a dalit-owned land was taken over by a Lingayat. “When Dalit academic and professor B Krishnappa learned of this, he launched a large-scale protest which lasted more than a year. Soon, news of the protest reached the government,” he said.

Subsequently, the late B Basavalingappa “pressured then-chief minister D Devaraj Urs to introduce an Act to protect land belonging to Scheduled Castes and Tribes. That is how the PTCL Act was introduced”, Srinivas added. “But in in the Nekkanti Rama Lakshmi case in 2017, the state’s advocates did not argue their case well and the Supreme Court ruled against us. After this judgement, at least, verdicts in 2,000 cases have been against us in and around Bengaluru city only. To protect Dalit land, the government must immediately pass an Ordinance.”

Dr M Venkataswamy, state president, Republican Party of India (A) and the Samata Sainik Dal, said that he had a conversation with CM Basavaraj Bommai regarding the issue. He is also known to be close to the ruling BJP.

“Our failure is that we have not made this issue a priority in the dalit movement. Many people claimed to be part of the struggle but worked as brokers to sell off dalit land. Some people are holding files with more than 1,000 cases pertaining to PTCL Act disputes. They assist in transfer of dalit land to the purchasers,” Venkataswamy alleged.

Besides, there are many loopholes in the Act but no government is interested in addressing the issue, Venkataswamy said. “Now, we are caught up in the Nekkanti Rama Lakshmi case. Every AC, DC, the High Court and the Supreme Court is ruling against us. This issue cannot be solved with amendments. After discussions with various lawyers, I have come to the conclusion that this Act has to be completely overhauled. I set up a committee and prepared a draft law.”

Venkataswamy demanded a special session of the Assembly to legislate on the issue and alleged that “revenue minister R Ashok is the main obstruction. Our struggle should focus on applying pressure on him to accept our demands. We need to ensure the preparation of a Cabinet note. Once the Cabinet approves, a new Bill can be introduced”.

B Dasappa, a retired deputy tehsildar from Tumkur district, had filed a PIL in the HC in 2020 regarding maintenance of records of granted land. “When land is granted, a list must be prepared and sent to the sub-registrar in the revenue department. When documents come for registration to the sub-registrar, he must verify whether that land is a granted land and if all the conditions of the grant have been followed. However, there is no list available with tehsildars or sub-registrars anywhere,” he told Newsclick over the phone.

Following Dasappa’s PIL (WP 14746/2020), the HC had directed revenue department officials to follow procedures as per the PTCL Act and maintain records of granted land. The state government in its reply to the court said that if the sub-registrar/registering authority enters details of a property into the Kaveri software, he/she can ascertain whether the land is a granted land or not.

However, the HC was not satisfied with the state government’s reply and directed that an updated list should be made accessible at the click of a button. The Chief Justice passed the following order on August 12, 2021: “We direct the state government to ensure that updated lists of granted land are furnished to all the registering officers under the Indian Registration Act, 1908, in the state within a maximum period of four months from today”. However, Dasappa claims that the court order was not complied with. 

Gyan Prakash Swamiji assured support of all the SC/ST seers in the agitation and invited all the leaders for a conference on August 18 and 19. “Lawyers within the Vokkaliga community are very active in helping their people in civil and criminal cases. I appreciate this. SC/ST lawyers are not easy to mobilise. The need of the hour is to have a strong intellectual team comprising lawyers. Babasaheb has asked us to agitate, and all the SC/ST swamijis are with you in the agitation,” he added.  

Courtesy: Newsclick

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Only four percent of rural SC/ST children are studying online regularly, compared to the 15 percent otherwise underprivileged children in rural areas, as per an emergency report by the School Children’s Online and Offline Learning (SCHOOL) survey, published on September 6, 2021. The ‘Locked Out’ report showed the consequences of prolonged school closure during the Covid-19 pandemic based on interviews with nearly 1,400 school children in underprivileged households. 

With 60 percent of the sample students from rural areas and another 60 percent from Dalit or Adivasi communities, the report also shows the varying disparities across the households. It illustrated how the predicament of Dalit and Adivasi households was worse than the average households for the survey. The communities face a disadvantage in all categories of online education, or regular study, or reading abilities.

Particularly, it said that only four percent of rural SC/ST children are studying online regularly, compared with 15 percent among other rural children. Barely half of them were able to read more than a few letters in the reading test. Accordingly, 98 percent rural SC/ST parents wanted schools to reopen as soon as possible.

Rural areas showed that 8 percent of sample children were studying online regularly, while 37 percent were not studying at all! However, within rural areas 43 percent SC/ST children were not studying compared to 25 percent other children.

Source: Emergency Report on School Education

Further, it said that the literacy rate in the 10-14 age group was lowest at 61 percent for rural Dalit and Adivasi children, then 66 percent of rural children and only 74 percent for urban children.

“The contrast is all the more startling as the official census definition of literacy (ability to read and write with understanding in any language) seems more restrictive than the definition used for SCHOOL survey figures,” said the report.

The survey considers a child as literate if they can read a test sentence “fluently” or “with difficulty”.

Spread majorly across Delhi, Jharkhand, Maharashtra and Uttar Pradesh, the survey showed that the illiteracy rate among SC/ST children from the 10-14 years age group (39 percent) was over four times higher than the average illiteracy rate for all children aged 10-14 years in the ‘SCHOOL states’ 10 years ago (9 percent).

Overall, the report indicated the presence of social discrimination within the schooling system. In Kutmu village, Latehar district of Jharkhand, most of the households are Dalits and Adivasis. However, their teachers belong to dominant caste families. The latter group’s parents told the survey team that if SC/ST children are educated, they will have no one to work in the fields!

“The teacher lives in the nearest town, comes to school in her own sweet time, and takes it easy in the classroom,” concerned parents said when asked about the teacher’s behaviour.

None of the 20 Dalit and Adivasi children interviewed in the village could read fluently. These problems will only worsen as children will be promoted to higher grades without ensuring due understanding of previous coursework.

The report raised concerns that such an educational lockout can cause a rising incidence of child labour. Some girls in the 10-14 years group already were doing household work. In rural areas, about one-fourth of girls had done unpaid work in family fields in the preceding three months. A substantial 8 percent had done paid work. Similar patterns apply to boys in the same group, with lower figures for household work.

“It will take years of patient work to repair this damage. Reopening schools is just the first step, [and] still being debated,” said the report.

Preparations such as repairing school buildings, issuing safety guidelines, training teachers, enrolment drives are virtually invisible in many states. The survey recommended an extended transition period for the schooling system to enable children to catch up with a reasonable curriculum and restore children’s psychological, social and nutritional wellbeing.

The entire report may be read here: 

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The post SCHOOL survey indicates widening educational gap between SC/ST and other children appeared first on SabrangIndia.

In the ongoing Monsoon Session of the Parliament, Rajya Sabha members Dr. L. Hanumanthaiah and Dr. Amee Yajnik asked the Social Justice and Empowerment Ministry, about the details pertaining to the atrocities against people belonging to the Scheduled Castes and Scheduled Tribes.

The total number of atrocity cases against Dalits or people belonging to Scheduled Castes stands at 41,793, and 7,815 cases with respect to atrocities against Scheduled Tribe members in 2019. The Centre has not provided any data for the year 2020.

Uttar Pradesh has recorded the highest number (9,451) of cases pertaining to Dalit atrocities. On the other hand, Madhya Pradesh registered the highest number of cases (1,920) pertaining to atrocities against the Scheduled Tribes. Year-wise data of total number of cases is as follows:

But the conviction rate under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, is very low. The year 2019 saw 4,007 convictions for charges of atrocities against Dalits and only 742 convictions for charges of atrocities against Scheduled Tribe members. Uttar Pradesh, which has recorded the maximum incidents of crime against Dalits, has merely achieved the conviction of 1,619 people. Madhya Pradesh, however, has recorded the highest number of convictions of people booked for crimes against STs (414).

Bihar has recorded 6,637 cases under the SC/ST Act in 2019. But only 46 people have been convicted for such crimes. States like Rajasthan, Odisha, Punjab, Mizoram, Manipur have seen no convictions despite a high number of atrocity cases.

Social Justice and Empowerment Minister Ramdas Athawale also provided information regarding monetary relief given to the victims of such prejudiced crimes. 73,322 victims have been provided with financial assistance in 2019, with Uttar Pradesh having the highest number of victims getting such relief (23,866). But, residents of Goa, Sikkim, Chandigarh and Assam have not received any compensation!

SabrangIndia had previously reported that on March 17, 2021, the then Minister of State (Home). G. Kishan Reddy, provided shocking data about the frequency of ghastly crimes against underprivileged women and children in India. In terms of registered rape cases against Scheduled Caste women under the Indian Penal Code, the year 2019 recorded 2,369 cases and 2018 recorded 2,067 cases.

Further, under the Protection of Children from Sexual Offences (POCSO) Act, 2012, that deals with penalising perpetrators for sexual crimes against children, the year 2019 witnessed 1,117 cases and 2018 reported 869 cases against Dalit children. Providing more data on rape cases registered against Scheduled Tribe women and children for the last two years, 2019 saw 714 cases against women and 396 cases against children. In 2018, as many as 609 women registered rape complaints, whereas 399 cases were registered by minors.

The answer dated July 28, 2021 may be read here:

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