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Sociology · Ch 4 — Patterns of Social Inequality and Exclusion

State and Non-State Initiatives Addressing Caste and Tribe Discrimination

4.2.3

State and Non-State Initiatives Addressing Caste and Tribe Discrimination

The Indian state has had special programmes for Scheduled Castes (SCs) and Scheduled Tribes (STs) since before Independence. The lists — or 'Schedules' — of castes and tribes recognised as deserving special treatment because of the massive discrimination practised against them were first drawn up in 1935 by the British Indian government. After Independence, these same policies were continued and many new ones added. The most significant addition was the extension of special programmes to the Other Backward Classes (OBCs) since the early 1990s.

Reservations: The Key State Initiative

The most important state initiative attempting to compensate for past and present caste discrimination is the policy popularly known as 'reservations'. This involves setting aside some places or 'seats' for members of the Scheduled Castes and Tribes in different spheres of public life.

Reservations exist in three main areas:

  • Legislatures: Seats are reserved for SCs and STs in the State and Central legislatures — that is, state assemblies, Lok Sabha, and Rajya Sabha.
  • Government employment: Jobs are reserved in government service across all departments and in public sector companies.
  • Educational institutions: Seats are reserved in educational institutions.

The proportion of reserved seats for SCs and STs is equal to their percentage share in the total population. For OBCs, this proportion is decided differently. The same principle is extended to other developmental programmes of the government — some are exclusively for SCs or STs, while others give them preference.

Laws Against Caste Discrimination

In addition to reservations, a number of laws have been passed to end, prohibit, and punish caste discrimination, especially untouchability.

LawYearKey Provision
Caste Disabilities Removal Act1850Disallowed the curtailment of rights of citizens due solely to change of religion or caste. Used later to allow entry of Dalits to government schools.
Constitution of India1950Abolished untouchability (Article 17) and introduced the reservation provisions.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act1989Strengthened legal provisions punishing acts of violence or humiliation against Dalits and adivasis.
Constitution Amendment (Ninety Third Amendment) Act2005 (became law on 23rd January 2006)Introduced reservation for OBCs in institutions of higher education.
Note

Both the 1850 law and the 2006 amendment related to education — the 1850 Act allowed Dalits into government schools, and the 93rd Amendment introduced OBC reservation in higher education.

The fact that legislation was passed repeatedly on this subject is proof that law alone cannot end a social practice. Cases of discrimination, including atrocities against Dalits and adivasis, continue to take place all over India today.

Non-State Initiatives: Dalit Political and Cultural Assertion

State action alone cannot ensure social change. No social group, however weak or oppressed, is only a victim. Human beings are always capable of organising and acting on their own — often against very heavy odds — to struggle for justice and dignity. …