INDEX

INTRODUCTION

* AIMS AND OBJECTIVES

* HYPOTHESIS

* RESEARCH METHODOLOGY

* SOURCES OF DATA

1. Who is “DALIT”
2. Practice of untouchability and atrocities
3. Various scheme for the upliftment
4. Recent judgment of the Supreme Court
5. Vote bank politics
6. Role of Mandal Commission
7. Conclusion and suggestions

BIBLIOGRAPHY

1. Dalits in India by Sukhadeo thorat

2. Dalits in modern India by S. M. Michael

1. WEBSITES:
www.sagepublications/dalits/.com
www.socaljustice.nic.in/schemelist/indexmid=24541
www.timesofindia.indiatimes.com/topic/scheme-for-dalit-welfarefrom=mdr

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 INTRODUCTION

Scheduled castes constitute about 16.21 per cent of the Indian population. In spite of
sustained and consistent efforts on the part of the govt. to ameliorate the condition of
SCs, this social group continues to be categorised amongst the poorest and most
subordinated in Indian society by any measure of human development .More than half
the SC population is concentrated in the five states of Uttar Pradesh, West Bengal,
Bihar, Tamil Nadu, and Andhra Pradesh. The deprivation of this group is associated
with the historical processes of economic and social exclusion, and discrimination
based on caste.

Recognising the special problems of the group, the government has, over the years,
continuously introduced policies and programmes for building their human capacities
and capabilities. The government’s approach towards the SCs primarily draws from
provisions in the constitution, which legally abolished the practice of untouchability and
the discrimination arising out of untouchability (Article 17). The constitution guarantees
equality before the law (Article 14); provides for the promotion of the educational and
economic interests of SCs and for their protection from social injustice and all forms
of exploitation (Article 46); provides for special measures through reservation in
government services; and also reserves seats in democratic political institution (Article
330 and 335, 75rd Amendment Act, 1992).

Finally, the constitution provides for the establishment of a permanent body to

investigate and monitor the social and economic progress of SCs on an annual basis.
In 1932, the nomenclature ‘Scheduled Castes’ was proposed before the Indian
Franchise Committee by the then provincial government of Bengal. Accordingly, in the
government of India Act 1935, a schedule containing a list of these classes was added
for the first time. Prior to this, they had been classified as the ‘Depressed Classes’.
The constitution of India, through Article 341, authorises the President of India to
specify castes to be notified as SCs. The President of India in consultation with the
Governor of the concerned state notifies a particular caste as a Scheduled Caste and
the inclusion of the caste in the Schedule is promulgated by the Parliament.

1
Sukhadeo Thorat,Dalits In India 1 (2nd ed. 2011)

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 AIMS AND OBJECTIVES

1. To Understand the meaning of dalits in India;

2. To identify the problems of the dalits
3. To know various schemes for upliftment of dalits

HYPOTHESIS

The researcher tends to hypothesise that the situations of “DALITS IN INDIA” is far better
than the early period.

RESEARCH METHODOLOGY

The researcher will be relying on Doctrinal method of research to complete the project.

SOURCES OF DATA

The researcher will be relying on both primary and secondary sources to complete the
project.

1. Primary Sources: Acts & Articles relating to Dalits

2. Secondary Sources: Newspapers, journals and websites.

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 DALITS IN INDIA

Who is a “Dalit” ?

Dalits are those groups of people who have faced social discrimination including the
untouchability. They largely belong to the economically disadvantaged groups of our society.
They are placed in the Scheduled Caste categories in our constitution. The category of dalits
was first used by Jyotiba Phule in the nineteenth century2. It was first popularly used by the
Dalit Panther in the 1970s. But it has come in currency quite recently – from the 1980s onwards.
It has almost replaced the category of harijans used for the dalits or Scheduled Castes. The term
Scheduled Castes was in common use till the term of dalit became more popular from the 1980s
onwards. There are special provisions for the protection of their interests in our constitution –
reservation in the public jobs, scholarships, legislative bodies, etc. Universal adult franchise
and other constitutional rights have enabled them to participate in political activities.

Dalit movement raises issues of caste-based discrimination and economic inequality. It is a

struggle for social justice. The issues on which dalit movement is launched are: self – respect,
harassment of women, payment of wages, forced labour or begar, disputes over land,
implementation of the reservation policy, promotion in the job, denial of democratic rights like
casting of votes, disrespect to Dr. B.R. Amebedkar/his statue, etc. Dalits protest and agitate on
these issues in various ways which include mainly informal ways, at individual basis, through
the organised ways, satyagraha and litigation, by getting these raised either in the parliament
or in the legislative assemblies. Dalit movement/agitation is also expressed through collective
action like demonstration, rallies, procession; through signature campaign, protest literature,
etc. Some times their agitation result in the clashes between dalits, police and the those
elements in the society who are inimical to the interests of dalits.

2
S.M Micheal,dalits in modern india 15(3rd ed.2011)

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Dalits meaning "broken/scattered" in Sanskrit and Hindi, is a term mostly used for the castes
in India that have been subjected to untouchability (often termed backward castes).Dalits
were excluded from the four-fold varna system of Hinduism and were seen as forming a fifth
varna, also known by the name of Panchama. Dalits now profess various religious beliefs,
including Buddhism, Christianity and Sikhism. As per the latest census, they comprise 16%
of India's population (200 million people), including Hindu Dalits and Christian Dalits.

The term dalits was in use as a translation for the British Raj census classification
of Depressed Classes prior to 1935. It was popularised by the economist and reformer B. R.
Ambedkar (1891–1956), himself a Dalit, and in the 1970s its use was invigorated when it was
adopted by the Dalit Panthers activist group. India's National Commission for Scheduled
Castes considers official use of dalit as a label to be "unconstitutional" because modern
legislation prefers Scheduled Castes; however, some sources say that Dalit has encompassed
more communities than the official term of Scheduled Castes and is sometimes used to refer
to all of India's oppressed peoples. A similar all-encompassing situation prevails in Nepal.

Scheduled Caste communities exist across India, although they are mostly concentrated in
four states; they do not share a single language or religion. They comprise 16.6 per cent of
India's population, according to the 2011 Census of India. Similar communities are found
throughout the rest of South Asia, in Nepal, Pakistan, Bangladesh and Sri Lanka. They have
emigrated to countries such as the United States, United Kingdom, Singapore and the
Caribbean.

In 1932, the British Raj recommended separate electorates to select leaders for Dalits in
the Communal Award. This was favoured by Ambedkar but when Mahatma Gandhi opposed
the proposal it resulted in the Poona Pact. That in turn influenced the Government of India
Act, 1935, which introduced the reservation of seats for the Depressed Classes, now renamed
as Scheduled Castes.

From soon after its independence in 1947, India introduced a reservation system to enhance
the ability of Dalits to have political representation and to obtain government jobs and
education.In 1997, India elected its first Dalit President, K. R. Narayanan. Many social
organisations have promoted better conditions for Dalits through education, healthcare and
employment. Nonetheless, while caste-based discrimination was prohibited and
untouchability abolished by the Constitution of India, such practices still continue. To prevent
harassment, assault, discrimination and similar acts against these groups, the Government of
India enacted the Prevention of Atrocities Act on 31 March 1995.

In accordance with the order of the Bombay High Court, the Information and Broadcasting
Ministry (I&B Ministry) of the Government of India issued an advisory to all media channels
in September 2018, asking them to use "Scheduled Castes" instead of the word "Dalit".

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Practice of Untouchability and atrocities.

Untouchability in its literal sense is the practice of ostracising a minority group by segregating
them from the mainstream by social custom or legal mandate. The term is most commonly
associated with treatment of the Dalit communities in Indian subcontinent who were
considered "polluting". The Scheduled Castes occupy a very lowly position in Indian society.
This is true in the modern age also. They still continue to be one of the most backward groups
in terms of education, unemployment, access to productive assets, income, expenditure and
various other key indicators of development. Besides, they also suffer from various
discrimination and atrocities at the hands of the higher castes. The provision of constitutional
and legal safeguards in relation to discrimination and atrocities in particular has not been
effective. This chapter thus is an attempt to trace the nature of discrimination, atrocities and
crime done on scheduled caste dalits.

The extent, magnitude and nature of various crimes committed against SCs mirror the
oppressive and violent character of the caste system. The regular reportage of atrocities against
SCs is indicative of the fact that discrimination and untouchability are still being practised, and
that the traditional mechanisms of their enforcement are still in vogue. The predicament of the
Dalit community is such that even the provision of equal citizenship, guaranteed by the
Constitution, has become a farce in some, if not all, spheres of life. The official statistics for
the decadal period 1990 to 2000 and to 2011 indicate that a total of 285,871 cases of various
crimes were registered countrywide by SCs, of which 14,030 were registered under the PCR
Act and 81,796 under the POA Act. This means that an average of 28,587 cases of caste
discrimination and atrocities were registered by SCs every year during the 1990s. In 2011, the
number of cases was higher at 73,500. Looking at the types of crime and atrocities, we see that,
on an average (between 1990– 2011), 1553 murder, 2,990 injury, 1919 rape, 1184
kidnapping/abduction, 947 dacoity, 1127 robbery,3 456 arson, 1,403 caste discrimination and
8,179 atrocity cases were registered by SCs during the 2011. The number of cases registered
under the PCR Act declined from a decadal average of 4,403 during the 1990s to 6633 in
20113.Ordinarily, it could be inferred that the declining number of cases under the PCR Act
are indicative of a reduction in the practice of untouchability. But such an inference is hardly
tenable, and is construed as a reflection of the ineffectiveness of the law. Such a view is in
consonance with the National Commission for Scheduled Castes and also with the National
Human Rights Commission (NHRC), which pointed out that the state governments have not
shown any seriousness in identifying untouchability-prone areas.

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Civil rights are defined as those legal rights as retained by citizens and protected by the
government. Examples include the right to vote and the right to public places. Civil rights also
include within their ambit equal protection for the minorities as well as outlawing
discrimination in all its vestiges. Civil rights effectively uphold the values of positive liberty
and generally have a legal basis. In India, civil rights are usually thought of in terms of specific
rights as guaranteed by the Constitution. The efforts of SCs to exercise the enabling provisions
of the civil rights guaranteed to them are often met with a backlash from the higher castes.

The incidences of atrocities, which can be categorised under civil right violations, are
fundamental in nature. In fact, the Constitution of India guarantees these rights to all its
citizens, irrespective of caste, creed and sex, but the nature of iniquitous social relations in
India prevent SC sex, but the nature of iniquitous social relations in India prevent SCs from
partaking in the democratic processes and breaking away from the dependency-creating
caste system and its vestiges. In their efforts to emancipate themselves from caste
oppression, SCs exercise basic civil rights such as celebrating cultural occasions, shopping at
common markets, requesting a cup of tea, protesting violence against fellow SCs, petitioning
against the oppressive caste system and atrocities, sitting on the same platform or seating
level as the higher castes, subsisting and cohabiting on land owned by the landowners,
asserting SC rights and participating in empowering movements, eating fruits from CPRs,
providing protection to harassed SC women, leading protest marches against social evils,
leading protests against lack of reparation and reproach measures, leading protests against
unlawful and illegal detention of SC persons by the state machinery such as the police, and
petitioning to protect SC land.

Regrettably, all these attempts by SCs to assert their civil rights are met with hostile resistance
and violent atrocities through verbal and physical abuse (hands being chopped off, torture by
police authorities, stabbing, murder of social activists and gouging out of eyes), restrictions
on the usage of CPRs (denial of access to public roads), psychosomatic abuse (suicide,
tension), abuse pertaining to the denial of basic human rights and rights to equality before
law (false implication, unlawful detention in jails, arrest, beating torture, murder, assault,
lathi charge and denial of access to justice by the police authorities), wrongful protection
(upper caste perpetrators of untouchability and caste-related crimes being shielded by the
police and administrative authorities), etc.

Social rights include the freedom to do anything without hurting other members of the society.
Also, freedom of movement and education are important for the overall development of the
human personality. It is but evident that since the citizens of India are guaranteed equality of
rights and the SCs are no exception to the general and universalistic assertion of the state’s
welfare orientations, they, too, exercise their social rights. They sometimes demand equality of
treatment (asking to be served in cups of water or tea meant for the higher castes); the right to
development and access to basic resources (access to public water, laying down a pipeline from
a bore well, agitating the drainage or diversion of water specifi cally meant for SCs by the
higher castes, taking a bath and washing clothes at a public hand pump, constructing a house

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 and trying to have access to land); access to entertainment and information (keeping the
government-allocated television sets in SC community halls or places of SC residence, ask
higher caste panchayat members for explanations regarding the perpetration of violence against
SCs); be able to assert their caste identity (mobilising SCs for empowerment); inter-caste
alliances (marriage and love between castes), etc. Such assertions of social rights are again met
with oppressive and discriminatory resistance from the higher castes. The nature and forms of
resistance include social ostracism and boycott, curtailment of the right to freedom of
movement, relative isolation and alienation, veiled and direct threats of caste violence,
ransacking, demolition and arson of SC habitats, denial of access to basic rights such as food,
water, land and housing, communal banishment and social disintegration, torture and naked
parading of SCs (including women), unleashing of an atmosphere full of caste and communal
tensions, and non-recognition of democratic SC bodies.

Various Schemes for Dalits

The deep concern of the framers of the Constitution for the uplift of the Scheduled Castes and
Scheduled Tribes and Other Backward Classes is reflected in the elaborate constitutional
mechanism set-up for their uplift.
 Article 17 abolishes Untouchability.
 Article 46 requires the State ‘to promote with special care the educational and economic
interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and
the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
 Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled
Tribes shall be taken into consideration, consistently with the maintenance of efficiency of
administration, in the making of appointments to services and posts in connection with the
affairs of the Union or of a State.
 Article 15(4) refers to the special provisions for their advancement.
 Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts
in the services under the State in favour of SCs/STs, which are not adequately represented in
the services under the State’.
 Article 338 provides for a National Commission for the Scheduled Castes and Scheduled Tribes
with duties to investigate and monitor all matters relating to safeguards provided for them, to
inquire into specific complaints and to participate and advise on the planning process of their
socio-economic development etc.

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 Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in
favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in the
legislative assemblies of the States. Under Part IX relating to the Panchayats and Part IXA of
the Constitution relating to the Municipalities, reservation for Scheduled Castes and Scheduled
Tribes in local bodies has been envisaged and provided.
The Constitution of India has prescribed, protection and safeguards for the Scheduled Castes
(SCs), Scheduled Tribes (STs) and other weaker sections; either specially or the way of
insisting on their general rights as citizens; with the object of promoting their educational and
economic interests and removing social disabilities. These social groups have also been
provided institutionalized commitments through the statutory body, the National Commission
of SCs. The Ministry of Social Justice & Empowerment is the nodal Ministry to oversee the
interests of the Scheduled Castes.

The Ministry of Social Justice and Empowerment is the nodal Ministry to oversee the interests
of the Scheduled Castes. Though the primary responsibility for promotion of interests of the
Scheduled Castes rests with all the Central Ministries in the area of their operations and the
State Governments, the Ministry complements their efforts by way of interventions in critical
sectors through specifically tailored schemes. The Scheduled Castes Development (SCD)
Bureau of the Ministry aims to promote the welfare of Scheduled Castes through their
educational, economic and social empowerment. Efforts made by State Governments and
Central Ministries for protecting and promoting the interests of Scheduled Castes are also
monitored.

Now there are 31 ministries/departments are running total 287 schemes for the upliftment of
scheduled castes in India.

Allocation for welfare of scheduled castes releases as in 2018 is 17749.04 crores.

Various scholarships are provided to the students belonging to the Scheduled Castes (SCs) to
ensure that education is not denied due to the poor financial condition of their families. These
Scholarships are provided at both pre-matric and post-matric levels. Scholarships are also
provided to SC students for obtaining higher education in India and abroad, including premier
educational institutions. The Scholarships can broadly be classified into the following three
types:
 Pre-Matric Scholarships : The objective of the pre-matric Scheme is to support the parents of
SC children for educating their wards, so that the incidence of drop outs at this stage is
minimized.
 Pre-Matric Scholarship to SC Student : The objective of the pre-matric Scheme is to support
the parents of SC children for educating their wards, so that the incidence of drop outs at this
stage is minimized.
 Pre-Matric Scholarship to the Children of those engaged in occupations involving
cleaning and prone to health hazards: This is also a centrally sponsored scheme, which is

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 implemented by the State Governments and Union Territory Administrations, which receive
100% central assistance from the Government of India for the total expenditure under the
scheme, over and above their respective Committed Liability.
 Post Matric Scholarship for Scheduled Caste Students (PMS-SC): The Scheme is the
single largest intervention by Government of India for educational empowerment of scheduled
caste students. This is a centrally sponsored scheme. 100% central assistance is released to
State Governments/UTs for expenditure incurred by them under the scheme over and above
their respective committed liability.
 Scholarships for obtaining Higher Education and Coaching Scheme: These include:
 Top Class Education for Scheduled Caste Students : The objective of the Scheme is to
promote qualitative education amongst students belonging to Scheduled Castes, by providing
full financial support for pursuing studies beyond 12th class, in notified institutes of excellence
like IITs, NITs, IIMs, reputed Medical/Law and other institutions. Scholarship is awarded to
the eligible SC students on securing admission in any of the institutions notified by the
Ministry.
 National Fellowship: The Scheme provides financial assistance to SC students for pursuing
research studies leading to M.Phil, Ph.D and equivalent research degrees.
 National Overseas Scholarship: The Scheme provides assistance to students belonging to SCs,
de-notified, nomadic, semi-nomadic tribes etc for pursuing higher studies of Master level
courses and PhD programmes abroad.
 Free Coaching for SC and OBC Students: The objective of the Scheme is to provide coaching
of good quality for economically disadvantaged SC and OBC candidates to enable them to
appear in competitive examinations and succeed in obtaining an appropriate job in
Public/Private sector. The Scheme provides central assistance to institutions/centres run by the
Central/State Governments/UT Administrations, Central/ State Universities, PSUs, Registered
Private Institutions, NGOs, etc. Coaching is provided for Group 'A' & 'B' examinations
conducted by the UPSC, SSC, various Railway Recruitment Boards and State PSCs; Officers’
Grade examinations conducted by Banks, Insurance Companies and PSUs; and Premier
Entrance examinations for admission in Engineering, Medical and Professional courses like
Management, Law etc.

 National Scheduled Castes Finance and Development Corporation (NSFDC): Set up under
the Ministry, to finance income generating activities of Scheduled Caste beneficiaries living
below double the poverty line limits (presently Rs 98,000/- per annum for rural areas and Rs
1,20,000/- per annum for urban areas). NSFDC assists the target group by way of refinancing
loans, skill training, Entrepreneurship Development Programmes and providing marketing
support through State Channelizing Agencies, RRBs, Public Sector Bank and Other Institutions

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 National Safai Karamcharis Finance and Development Corporation (NSKFDC): It is
another corporation under the Ministry which provides credit facilities to beneficiaries amongst
Safai Karamcharis, manual scavengers and their dependants for income generating activities
for socio-economic development through State Channelizing Agencies
 Special Central Assistance (SCA) to Scheduled Castes Sub-Plan (SCSP): It is a policy
initiative for development of Scheduled Castes in which 100 % assistance is given as an
additive to SCSP of the States/ UTs on the basis of certain criteria such as SC population of the
States/UTs, relative backwardness of States/UTs, percentage of SC families in the States/ UTs
covered by composite economic development programmes in the State Plan to enable them to
cross the poverty line, etc. It is an umbrella strategy to ensure flow of targeted financial and
physical benefits from all the general sectors of development for the benefit of Scheduled
Castes. Under this Scheme, the States /UTs are required to formulate and implement Special
Component Plan (SCP) for Scheduled Castes as part of their annual plans by earmarking
resources
 Scheme of Assistance to Scheduled Castes Development Corporations (SCDCs): Share
Capital contribution is released to the State Scheduled Castes Development Corporations
(SCDCs) under a Centrally Sponsored Scheme in the ratio of 49:51 between Central
Government and State Governments. There are in total 27 such State-level Corporations which
are working for the economic development of Scheduled Castes, although some of these
Corporations are also catering to the requirements of other weaker sections of the Society, e.g.
Scheduled Tribes, OBCs, Minorities etc. The main functions of SCDCs include identification
of eligible SC families and motivating them to undertake economic development schemes,
sponsoring the schemes to financial institutions for credit support, providing financial
assistance in the form of the margin money at a low rate of interest, providing subsidy out of
the funds made available to the States under the Scheme of Special Central Assistance to
Scheduled Castes Sub Plan of the States to reduce the repayment liability and providing
necessary tie up with other poverty alleviation programmes. The SCDCs are playing an
important role in providing credit and missing inputs by way of margin money loans and
subsidy to the target group. The SCDCs finance the employment oriented schemes covering
diverse areas of economic activities which inter-alia include (i) agriculture and allied activities
including minor irrigation (ii) small scale industry (iii) transport and (iv) trade and service
sector
 Venture Capital Fund for Scheduled Castes: The objective of the fund is to promote
entrepreneurship amongst the Scheduled Castes who are oriented towards innovation and
growth technologies and to provide concessional finance to the scheduled caste entrepreneurs.
The fund has been launched on 16.01.2015. During 2014-15, Rs.200 Crore were released
initially for the Fund to IFCI Limited, which is a Nodal agency to implement it

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 Credit Enhancement Guarantee Scheme for Scheduled Castes: The objective of this Scheme
is to provide credit guarantee facility to Young and start-up entrepreneurs, belonging to
Scheduled Castes, who aspire to be part of neo middle class category, with an objective to
encourage entrepreneurship in the lower strata of the Society resulting in job creation besides
creating confidence in Scheduled Castes. The Scheme has been launched on 06.05.2015.
Initially, Rs.200 Crore has been released under the Scheme to IFCI Limited, which is a Nodal
agency to implement it.

 Pradhan Mantri Adarsh Gram Yojana (PMAGY): The Centrally Sponsored Pilot Scheme
‘Pradhan Mantri Adarsh Gram Yojana’ (PMAGY) is being implemented for integrated
development of Scheduled Castes (SC) majority villages having SC Population concentration
> 50%. Initially the scheme was launched in 1000 villages in 5 States viz. Assam, Bihar,
Himachal Pradesh, Rajasthan and Tamil Nadu. The Scheme was further revised w.e.f.
22.01.2015 and extended to 1500 SC majority villages in Punjab, Madhya Pradesh, Andhra
Pradesh, Karnataka, Uttar Pradesh, Telangana, Haryana, Chhattisgarh, Jharkhand,
Uttarakhand, West Bengal and Odisha. The principal objective of the Scheme is integrated
development of SC Majority Villages:
1. Primarily through convergent implementation of the relevant Central and State Schemes;
2. By providing these villages Central Assistance in form of gap-filling funds to the extent of
Rs.20.00 lakh per village, to be increased by another 5 lakh if State make a matching
contribution.
3. By providing gap-filling component to take up activities which do not get covered under the
existing Central and State Government Schemes are to be taken up under the component of
‘gap filling’.
 Babu Jagjivan Ram Chhatrawas Yojna: The primary objective of the Scheme is to attract
implementing agencies for undertaking hostel construction programme with a view to provide
hostel facilities to SC boys and girls studying in middle schools, higher secondary schools,
colleges and universities. The Scheme provides central assistance to State Governments/ UT
Administrations, Central & State Universities/ Institutions for fresh construction of hostel
buildings and for expansion of the existing hostel facilities. The NGOs and Deemed
Universities in private sector are eligible for central assistance only for expansion of their
existing hostels facilities.
 Upgradation of Merit of SC Students: The objective of the Scheme is to upgrade the merit of
Scheduled Caste students studying in Class IX to XII by providing them with facilities for
education in residential /non-residential schools. Central assistance is released to the State
Governments/UT Administrations for arranging remedial and special coaching for Scheduled
Caste students. While remedial coaching aims at removing deficiencies in school subjects,

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 special coaching is provided with a view to prepare students for competitive examinations for
entry into professional courses like Engineering and Medical.
 Dr. Ambedkar Foundation: Dr. Ambedkar Foundation was set up on 24th March 1992, as a
registered body, under the Registration of Societies Act, 1860, under the aegis of the Minsitry
of Welfare, Government of India. The primary object of setting up of the Foundation is to
promote Dr. Ambedkar’s ideology and philosophy and also to administer some of the schemes
which emanated from the Centenary Celebration Committee’s recommendations.
 Dr. Ambedkar International Centre at Janpath, New Delhi: Setting up of ‘Dr. Ambedkar
National Public Library’ now renamed as ‘Dr. Ambedkar International Centre’ at Janpath New
Delhi was one of the important decisions taken by the Centenary Celebrations Committee
(CCC) of Babasaheb Dr. B.R. Ambedkar headed by the then Hon’ble Prime Minister of India.
As on date the entire land of Plot ‘A’ at Janpath, New Delhi measuring 3.25 acre is in
possession of the M/o SJ&E for setting up of the ‘Centre’. The responsibility of the
construction of the ‘Centre’ has been assigned to National Building Construction Corporation
(NBCC) at a cost of Rs. 195.00 crore. The Hon'ble Prime Minister has laid the foundation of
Dr. Ambedkar International Centre on 20th April, 2015 and has announced that the project will
be completed within a period of twenty months. The National Building Construction Company
(NBCC), the executing agency has already started the construction work at site and it is at an
advance stage.
 Dr. Ambedkar National Memorial at 26, Alipur Road, Delhi: The Dr. Ambedkar
Mahaparinirvan Sthal at 26, Alipur Road, Delhi, was dedicated to the Nation by the then
Hon’ble Prime Minister of India on 02.12.2003 and he had also inaugurated the development
work at the Memorial at 26, Alipur Road, Delhi. The responsibility of the construction of Dr.
Ambedkar National Memorial has been assigned to the Central Public Works Department
(CPWD) at an approx. cost of Rs. 99.00 Crore. The Hon'ble Prime Minister has laid the
foundation of the Memorial on 21st March, 2016 and has announced that the project will be
completed within a period of twenty months. The CPWD, the executing agency has already
started the construction work at site.
 Babu Jagjivan Ram National Foundation: The Babu Jagjivan Ram National Foundation was
established by the Government of India as an autonomous organization under the Ministry of
Social Justice & Empowerment and registered under The Societies Registration Act, 1860 on
14th March 2008. The main aim of the Foundation is to propagate the ideals of the late Babu
Jagjivan Ram, on social reform as well as his ideology, philosophy of life, mission and vision
to create a casteless and classless society

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 Recent judgment of the Supreme court
The Supreme Court March 20 judgment, banning immediate arrest of a person accused of
insulting or injuring a Scheduled Caste/Scheduled Tribe member, is meant to protect innocents
from arbitrary arrest and not an affront to Dalit rights. The government, despite an urgent and
open court hearing of its review petition, failed to convince a Bench of Justices A.K. Goel and
U.U. Lalit to stay its direction.

An innocent should not be punished. There should not be terror in society... We do not
want any member of the SC/ST to be deprived of his rights. We only want an innocent not
to be punished,” Justice Goel observed.

Justice Goel, who authored the verdict, said the judgment, in fact, fortified the Dalit
protection law - the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act of 1989.

“Our judgment implements what is said in the Constitution. We are conscious of the rights
of the underprivileged and place them at the highest pedestal... but at the same time, an
innocent person cannot be falsely implicated and arrested without proper verification. We
have not stopped the implementation of the Act. Does the Act mandate the arrest of
innocent persons? Our judgment is not against the Act,” Justice Goel addressed Attorney-
General K.K. Venugopal. He called the judgement a ‘balance’ between Dalit rights and
right of an innocent against arrest in a false case
The judgement directs a “preliminary enquiry” to be conducted on whether a complaint filed
by a Scheduled Caste/Scheduled Tribe member is frivolous or not. An FIR would be registered
only after the probe officer, Deputy Superintendent of Police, authenticates the complaint of
casteist slur or crime

When Mr. Venugopal said such an enquiry would delay the grant of compensation mandated
to victims under the Act, Justice Goel said grant of money from the public exchequer should
be preceded by verification against false claims. This ‘preliminary enquiry’ served that
purpose. At one point, Justice Goel asked Mr. Venugopal how even the Attorney General could
function if made a victim of a false complaint.

The Supreme Court ruled that preliminary enquiry in a case under the Atrocities Act would be
done by a Deputy Superintendent of Police (DSP) to ensure the allegations are not frivolous,
and to avoid the false implication of an innocent.

While passing the order, the top court said that on "several occasions", innocent citizens were
being termed as accused and public servants deterred from performing their duties, which was
never the intention of the legislature while enacting the SC/ST Act.

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The Supreme Court ruling had led to widespread protests across the country, specially in
northern states - Bihar, Rajasthan, Uttar Pradesh, Haryana and Madhya Pradesh.Several Dalit
outfits called for a Bharat Bandh on April 2. The Bandh saw people across the country
protesting the apparent dilution of the SC/ST Act by the Supreme Court. The protests left at
least 10 dead and hundreds injured as incidents of violence were reported across several states
on April 9, 2018. Protesters were reported to have blocked trains, clashed with the police, and
set fire to private and public properties, including police posts

But after a very huge protest all over country against this judgment central government filed a
review petition . Following protests across the country, the government filed a review petition
over the order, seeking its recall.Appearing for the Centre, Attorney General K K Venugopal
said the apex court cannot make rules or guidelines which go against the law passed by the
legislature.He also pointed out hat the SC/ST verdict had resulted in the loss of life and
demanded that the case be referred to a larger bench.

The top court, however, rejected the demand for a stay saying its judgment did not lead to the
deaths and that law was only aimed at putting filter on immediate arrest."Our judgment did not
incite any one to commit crime. Our judgment has been wrongly understood. The SC/ST
community has full protection of this court," said Justice Goel refuting Venugopal's
argument."We have made it clear that there is no bar on arrest if any other offence is committed.
Judgement does not say there should be no F I R but the judgement simply puts a filter on
immediate arrest," the bench hearing the petition said.

Post the ruling, Union Law Minister Ravi Shankar Prasad said the government and the BJP
were committed to the welfare of SCs and STs.He assured the communities that the
government will argue the matter with full authority in the apex court for the verdict's
reconsideration.

Congress has accused the Modi governement of failing to defend Dalit rights in the Supreme
Court and asked Prime Minister Narendra Modi not to abdicate its duty to favour the "anti-
Dalit mindset of BJP/RSS"."The SC/ST Act is the most important instrument to prevent
atrocities on Dalits and adivasis. A complicit Modi governmnet failed to defend it in the
Supreme Court."The PM must not abdicate his duty in favour of the anti-Dalit mindset of the
BJP/RSS," Congress president Rahul Gandhi said on Twitter.The opposition party has
demanded the Centre bring an amendment to the said law in Parliament or file a "curative
petition" in the apex court.

The Lok Sabha passed the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Bill, 2018, to bypass the recent ruling of the Supreme Court laying
down procedures for arrests under the Act.

The Bill inserts section 18A (1) (a) in the 1989 Act, that says a “preliminary enquiry shall
not be required for registration of an FIR against any person.” The Bill also inserts Section
18A (1) (b), which says “the investigating officer shall not require approval for the arrest,
if necessary, of any person against whom an accusation of having committed an offence
under this Act has been made and no procedure, other than that provided under this Act or
the Code, shall apply.”

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The Bill’s Statement of Objects and Reasons says that under the CrPC, the decision to
arrest a person is taken by the investigating officer and there was no requirement for
approval. The Bill also goes back to the original SC/ST (PoA) Bill, doing away with the
provision of anticipatory bail the Supreme Court ruling had permitted.

“The provision of section 438 of the Code shall not apply to a case under this Act,
notwithstanding any judgment or order or direction of any Court,” says section 18A (2) of
the Bill. Section 438 of the CrPC deals with direction for grant of bail to a person
apprehending arrest.

Vote bank politics

Caste is a social phenomenon of Indian society. By participating in the modern political system,
caste is now exposed to divisive influences and a new form of integration resulting from a new
scheme of universalist-particularist relationships. Caste has gained an influential position in
India politics.
On the one hand, a structure of divisions and accommodations, caste provides to politics. And
on the other hand a cohesive element which absorbs tensions and frustrations. It becomes
divisive when question arises of national unity. But regarding a locality or group matter, it
gives a cohesive force by uniting people of a caste.
The formation role of caste association are also playing as important role in influencing voting
pattern. Even political parties are considering caste as a vote bank. This enabled the lower
castes to be politically influential on the basis of numerical preponderance. In selecting
candidates for elections, political parties often giving consideration to the caste composition of
constituencies. Sometimes several castes are using politics in their attempt to better their
conditions or to achieve their goal. Reservation policy is another aspect where we can see that
caste system also influence Indian politics.

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For all the development that Bihar has seen in recent years, caste remains integral to the
political discourse and electoral positioning in the state

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