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Ramakant Sharma
Ramakant SharmaInk Innovator
Asked: April 12, 20242024-04-12T16:49:27+05:30 2024-04-12T16:49:27+05:30In: Anthropology

Discuss the constitutional provisions for Scheduled Tribes, Scheduled Caste and other backward classes.

Talk about the provisions in the constitution for Scheduled Tribes, Scheduled Castes, and other disadvantaged groups.

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    1. Ramakant Sharma Ink Innovator
      2024-04-12T16:50:22+05:30Added an answer on April 12, 2024 at 4:50 pm

      1. Constitutional Provisions for Scheduled Tribes (STs):

      The Constitution of India provides special provisions for the welfare and advancement of Scheduled Tribes, recognizing their distinct cultural, social, and economic identity. These provisions aim to protect the rights and interests of STs and promote their development and well-being. Key constitutional provisions for Scheduled Tribes include:

      • Article 244: This article empowers the President of India to designate certain areas as Scheduled Areas, where tribal communities reside, and to extend special provisions for their governance and administration. It also allows for the creation of Tribal Advisory Councils to advise on matters related to tribal welfare and development.

      • Fifth Schedule: The Fifth Schedule of the Constitution delineates the administration and governance of Scheduled Areas and Scheduled Tribes. It provides for the establishment of Tribal Advisory Councils in states with Scheduled Areas and safeguards land and resource rights of tribal communities.

      • Sixth Schedule: The Sixth Schedule applies to certain tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram. It provides for the formation of autonomous district councils with legislative and executive powers to govern these areas and protect the interests of tribal communities.

      • Article 46: This directive principle of state policy mandates the state to promote the educational and economic interests of Scheduled Tribes and other marginalized groups and to protect them from social injustice and exploitation.

      • Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: While not a constitutional provision, this legislation recognizes and vests forest rights and land titles in Scheduled Tribes and other traditional forest-dwelling communities, aiming to address historical injustices and secure their livelihoods.

      2. Constitutional Provisions for Scheduled Castes (SCs):

      The Constitution of India includes specific provisions for the welfare and advancement of Scheduled Castes, recognizing their historical marginalization and social exclusion. These provisions aim to promote social equality, eliminate caste-based discrimination, and uplift the socio-economic status of SC communities. Key constitutional provisions for Scheduled Castes include:

      • Article 17: This article abolishes untouchability and prohibits its practice in any form. It declares untouchability as an offense punishable by law and directs the state to enforce the abolition of untouchability and the prohibition of its practice.

      • Article 46: Similar to the provision for Scheduled Tribes, Article 46 directs the state to promote the educational and economic interests of Scheduled Castes and other marginalized groups and protect them from social injustice and exploitation.

      • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: While not a constitutional provision, this legislation aims to prevent atrocities against Scheduled Castes and Scheduled Tribes and provides for special courts for the trial of offenses under the Act. It also includes provisions for relief and rehabilitation of victims.

      3. Constitutional Provisions for Other Backward Classes (OBCs):

      Unlike Scheduled Tribes and Scheduled Castes, the Constitution does not explicitly mention Other Backward Classes (OBCs). However, various constitutional provisions and government policies aim to address the socio-economic backwardness of OBC communities. These include:

      • Article 15(4) and Article 16(4): These articles allow the state to make special provisions for the advancement of socially and educationally backward classes, including OBCs, in matters of admission to educational institutions and reservation in public employment.

      • National Commission for Backward Classes (NCBC): The NCBC was established under the National Commission for Backward Classes Act, 1993, to investigate the conditions of socially and educationally backward classes and recommend measures for their welfare and advancement.

      • Reservation Policies: The government has implemented reservation policies for OBCs in educational institutions, public employment, and elected bodies to ensure their representation and participation in various spheres of public life.

      Conclusion:

      Constitutional provisions for Scheduled Tribes, Scheduled Castes, and Other Backward Classes reflect the commitment of the Indian state to address historical injustices, promote social equality, and uplift marginalized communities. These provisions lay the foundation for affirmative action policies, special protections, and welfare measures aimed at ensuring the empowerment and development of these communities in India.

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