The Indian government has introduced several laws favouring those belonging to the Scheduled Castes. Read more about these laws and how to get an SC caste certificate in this article.
Laws for Scheduled Caste in India: From the history of class and caste in the country, you will find out about the disadvantaged position of a few castes and tribes like Scheduled Caste (SC), Scheduled Tribes (ST), and Other Backward Classes(OBC). They have been deprived of their fundamental rights, have remained socially and economically underprivileged compared to other classes, and acquired the name ‘backward class’ long ago.
However, the government of India has devised reservation laws for Scheduled Caste that grant special privileges to the backward classes to help them recover their position in Indian society. For example, they have a better shot at securing seats in educational institutions and jobs and promotions in the government sector. But to take advantage of these laws, a person who belongs to either of the backward classes must produce their caste certificate; the failure to do so will deprive them of the same benefits. If you belong to the Scheduled Caste, you will have to have an SC caste certificate to take full advantage of the government grants.
Gone are the days when you would have to stand in a long queue outside your nearest Tahsildar’s office to submit your application for an SC caste certificate. Now you can do everything, including applying for an SC certificate online and download and take a print-out of the same. Let’s now look at the purpose of a caste certificate and some of the laws enforced by the government on the Scheduled Caste.
Which Communities Fall Under Scheduled Castes?
The term ‘Scheduled Caste’ was used for the first time in the Constitution of India in the year 1935. The Scheduled Castes and Scheduled Tribes account for approximately 16.6% and 8.6% of India’s population, respectively. The people of the community are termed as ‘Scheduled Castes’ in the Government of India’s Scheduled Castes Order issued in August 1950. A caste can only be designated as a Scheduled Caste by the President of India. Once established, any additions or deletions from the list can be made only by an act of parliamentary reform.
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International Laws
International laws addressing the rights of SC are designed to promote equality, non-discrimination, and social justice on a global scale. These legal frameworks, often embedded in international human rights conventions and treaties, aim to eradicate caste-based discrimination, ensure equal opportunities, and safeguard the dignity and well-being of individuals belonging to scheduled castes across different countries. The international laws on scheduled caste are presented below:
- Equality and rights for all are guaranteed by UDHR Article 1,2 and ICESCR Articles 3, 5, 6. Ensuring the enjoyment of economic, social, and cultural rights is a responsibility of the state
- Equality in employment and the ban on discrimination in wages and working conditions are outlined in Articles 23 of the UDHR and Article 7 of the ICESCR
- The UDHR’s Articles 25 and 26 stipulate that everyone should have access to the necessities
- Article 11(2): Redress for conviction for crimes committed
- Freedom of conscience and the right to practice, profess, and spread religion are protected under Article 18
- Minority interest protection is provided by Article 22
- Right to Right under Article 8
- One’s freedom to choose to get married and start a family is guaranteed by Article 10 of the ICESCR.
Indian Laws Scheduled Caste in India
The Indian Constitution also includes some unique measures specifically for the Scheduled Castes. Article 17 states that the practice of untouchability is no longer acceptable. Articles 330 and 332 mandated that seats be set aside for appointments; Article 338 gave the special officer the authority to investigate any matters concerning the safeguarding of the Scheduled Castes; and Article 46 spoke to the economic and educational interests of the Scheduled Castes.
National Commission for Scheduled Castes and Scheduled Tribes: In order to better protect the rights of scheduled caste and tribe members, Article 338 of the constitution mandates the creation of the National Commission for Scheduled Castes and Scheduled Tribes.
Caste Disabilities Removal Act of 1950: This act states that if the parties to a civil suit are of different religious beliefs, their religious laws cannot be used to deny them any property that they would have been entitled to had their laws not been in effect.
Protection of Civil Rights Act of 1955: This Act made it an offence to enforce any disability resulting from untouchability, which is punishable.
The Bonded Labour System (Abolition)Act, 1976: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 established special courts to try cases involving members of these groups and offered victims’ compensation and rehabilitation. It also aimed to stop atrocities against members of these groups from being committed.
Protection of Human Rights Act 1993: To improve the protection of human rights, the Act establishes the National Human Rights Commission, State Human Rights Commissions, and Human Rights Courts.
Explanation
The Indian Constitution and the International Bill of Rights’ aforementioned clauses guarantee that Scheduled Castes and Scheduled Tribes will receive equal treatment and won’t face discrimination. It guarantees that the government will implement policies to enhance the socioeconomic circumstances of SC/ST people in order to raise their level of living to a minimum. Their social, economic, and cultural rights are the responsibility of the state.
Constitutional mechanism for the upliftment of SC
The profound commitment of the Constitution’s framers towards the advancement of Scheduled Castes, Scheduled Tribes, and Other Backward Classes is evident in the comprehensive constitutional framework established for their upliftment.
- Article 17 abolishes the practice of Untouchability, while Article 46 mandates the State to prioritise the educational and economic welfare of the weaker sections, particularly Scheduled Castes and Scheduled Tribes, safeguarding them from social injustices and exploitation. Special provisions for their progress are outlined in Article 15(4), and Article 16(4A) ensures reservation in promotions for SCs/STs in underrepresented state services.
- Further, Articles 243D and 243T provide for proportional reservation of seats in Panchayats and Municipalities, respectively, based on the population of Scheduled Castes and Scheduled Tribes. The reservation of seats in the House of the People and state legislative assemblies is addressed in Articles 330 and 332.
- Article 335 emphasises considering the claims of Scheduled Castes and Scheduled Tribes in appointments to services and posts, balancing efficiency with their rights. The establishment of the National Commission for Scheduled Castes under Article 338 reinforces monitoring and safeguarding measures, including investigating complaints and contributing to socio-economic planning for Scheduled Caste communities.
- Moreover, Article 340 empowers the President to appoint a commission, exemplified by the Mandal Commission, to assess the conditions of backward classes and propose measures for their improvement.
In essence, the Indian Constitution prioritises the protection and advancement of Scheduled Castes, Scheduled Tribes, and other marginalised groups, aiming to promote their educational, economic, and social interests, backed by institutional mechanisms such as the National Commission for Scheduled Castes and governmental oversight through the Ministry of Social Justice & Empowerment.
Ministry of Social Justice and Empowerment
The Ministry of Social Justice and Empowerment plays an important role in overseeing the welfare and development of marginalized communities in India. With a focus on promoting social justice and empowerment, the ministry formulates policies and implements programs aimed at upliftment and inclusion. It takes proactive measures to address issues related to Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Persons with Disabilities, ensuring their rights, opportunities, and dignity are upheld.
Through various initiatives and schemes, the ministry endeavours to create a more equitable and inclusive society. It collaborates with state governments, NGOs, and other stakeholders to implement welfare measures, provide educational and economic opportunities, and address social discrimination and stigma. By advocating for the rights and interests of marginalized communities, the Ministry of Social Justice and Empowerment plays a vital role in promoting social cohesion and sustainable development across the nation.
Initiatives for Scheduled Caste (SC) Development
- Educational Empowerment:
- Various educational initiatives are undertaken to empower Scheduled Castes, ensuring equal access to quality education. These initiatives include scholarships, tuition fee waivers, and mentorship programs aimed at improving enrollment, retention, and performance of SC students at all levels of education. Additionally, special schools and skill development programs are established to cater to the specific educational needs of SC communities, fostering their intellectual growth and capacity building.
- Economic Empowerment:
- Economic empowerment initiatives focus on enhancing the financial well-being and self-sufficiency of Scheduled Castes. This involves providing access to financial assistance, loans, and entrepreneurial support schemes tailored to the needs of SC individuals and communities. Skill development training, employment opportunities, and preferential procurement policies are also implemented to promote economic inclusion and reduce socio-economic disparities among SC populations.
- Social Empowerment:
- Social empowerment efforts aim to address social inequalities, discrimination, and exclusion faced by Scheduled Castes. Awareness campaigns, advocacy programs, and community mobilization activities are organized to challenge stereotypes, promote social cohesion, and ensure equal rights and opportunities for SC individuals. Additionally, legal aid services, counselling support, and social welfare programs are provided to safeguard the dignity, security, and well-being of SC communities, fostering their integration and participation in society.
Cases
Honour Killing of Shankar
The couple got married about eight months ago after falling in love while attending a Palani engineering college. Even after the girl told the police that she had married the man of her own free will, her family still attempted to have her taken away.Sunday in Tirupur, family members of a girl from a high caste Hindu family sent hired gunmen to kill her husband, a Dalit, in what appears to be an honour killing
In broad daylight, a group of unidentified men armed with sickles and hatchets rode into Udumalaipettai town in the Tiruppur district, waylaid 22-year-old Shankar, and chopped him to death. The boy passed away while travelling to the hospital. When the incident occurred, his wife Kausalya was with him and suffered serious injuries. She was later admitted to the intensive care unit. She accused her family members of being responsible for her husband’s death in a statement to the police, adding that she had previously complained to them about the threat from her family. Chinnasamy, the father-in-law of V. Shankar (22), the Dalit youth who was killed by stabbing in broad daylight on Sunday in Udumalpet in what is believed to be an honour killing, turned himself in at the Dindigul district’s Judicial Magistrate Court in Nilakottai.
Union of India v. Indra Sawhney
It has been maintained that the classification of a class as a backward class is based on caste. The court did rule, however, that reservations could not be made for promotion posts and that the maximum reservation percentage could not exceed 50%.
The Dharmapuri Attacks
An enraged mob of about 1,000 Vanniyars—a social group that regards itself as ‘superior’ to Dalits in India’s caste hierarchy—managed to loot and set up fire to up to 400 houses in three Dalit communities in the Dharmapuri district of Tamil Nadu, with the police standing by as spectators. Following a Vanniyar woman and a Dalit man’s intercaste marriage, there were attacks. Over the course of two to three hours, the mob ransacked the villages of Natham, Anna Nagar, and Kondampatti in response to the woman’s father’s suicide. The residents went to a neighbouring village for safety. The police didn’t enter the villages until after significant damage had been done to them. There have been 142 arrests of alleged attackers since the incident. There are hints that the suicide served as a cover for an attack that was prearranged and may have been carried out with the intention of destroying the Dalit communities’ economic infrastructure.
The Dalits have grown more self-assured in recent years, while the Vanniyars’ economic situation seems to have stagnated. Political parties in Tamil Nadu that target the Vanniyar vote made vehement anti-Dalit remarks both before and after the incident. Numerous violations of human rights have been inflicted upon the estimated 1,500 victims of these attacks, including the right to housing, the right to be free from violence, the right to physical security, the right to marry for the sake of one’s own free will, and the right to equitable access to the legal system. Despite being aware of the possibility of an attack, the police did nothing to stop it. Three police officers have been placed on suspension in the wake of the incident
Nallampatti Dalits want case registered against upper caste community: (Erode)
Dalit residents of Rice Mill Pudur Colony in Nallampatti demanded that the Thingalur police file a complaint against upper caste members for denying them a means of subsistence for the previous month. In response to a petition they had filed a few days prior, the Dalit community demanded prompt action regarding what they perceived to be a socio-economic boycott by members of the upper caste community. They were allegedly informed by police officials that the case could not be filed until after legal experts had reviewed the pertinent Sections. According to police sources, filing a case can be difficult because Dalits cannot be forced by members of the upper caste to work for them in their fields. A police official stated that certain groups purporting to support the rights of Dalits were destroying the goodwill between the two communities.
There has been an uneasy calm in Nallampatti ever since a face-off between members of the upper caste and Dalits belonging to the Arundathiyar sect broke out a month ago following the suspicious death of a 55-year-old Dalit worker named Chinnasamy. A week prior, the impacted Dalits had petitioned the district administration, requesting assistance for their financial well-being. They cited a resolution that upper caste members had passed prohibiting the hiring of any Dalit laborers from the Rice Mill Pudur locality for agricultural work. As a remedy, they had requested interest-free loans with a subsidy component. A team from the National Commission for Scheduled Castes (NCSC) conducted inquiries and visited the Rice Mill Pudur locality earlier this month. Residents who identify as Dalits had informed the team that Chinnasamy had been killed by a group belonging to the upper caste due to his strong stance on a PCR (Protection of Civil Rights) case that had been filed at the Thingalur police station. The way the Police Department handled the case had also angered the Dalit residents.
Devasam v. Union of India
The ‘Carry forward Rule,’ established by the Central Government, was declared unconstitutional on the grounds that the State Government’s authority granted by Article 16(4) could not be used in a way that would deprive members of classes other than the backward of a reasonable opportunity at public employment. The ‘Carry-Forward Rule’ was deemed invalid in this instance because it resulted in nearly 68% of the available vacancies being reserved, which was irrational.
Commission for Scheduled Caste
Originally, scheduled castes were to appoint a special officer under Article 338 of the Constitution to look into any issues pertaining to constitutional protections and report to the President on their work. He was assigned the responsibility of reporting to the president on the activities of the SCs and STs as commissioner. He was given the title and tasked with serving as the SC and ST commissioner
A non-statutory multi-member commission for SCs and STs was established by the government (by resolution) in 1978, and the office of commissioner for SCs and STs remained in place
The government changed the role of the commission for SCs and STs in 1987 (through another resolution)
Subsequently, a high-level, multi-member national commission for SCs and STs was established in lieu of a single special officer for SCs and STs by the 65th constitutional amendment act of 1990. Both the commission established by the 1987 resolution and the commissioner for SCs and STs were superseded by this constitutional body
Once more, the national commission for scheduled castes (under article 338) and the national commission for scheduled tribes (under article 338A) split the formerly united national commission for SCs and STs into two distinct organizations
In 2004, a distinct national commission specifically dedicated to SCs was established. There is a vice-chairperson, a chairperson, and three additional members. The president appoints them with a warrant that is sealed in his hand. The president also sets their terms of office and conditions of service.
What is the Purpose of a Caste Certificate?
Caste/tribe certificates are issued to facilitate the access of bona fide candidates belonging to the Scheduled Castes and Tribes to the State/Central Government’s reserved posts, services, educational institutions, and other opportunities offered to them by the State/Central Government. Students with an SC certificate can secure admission to schools and colleges with a fixed percentage of seats left for all students belonging to the SC category. Click here to know the caste certificate fees.
Different Ways to Obtain an SC Caste Certificate
You can apply for an SC certificate in both online and offline modes. To apply in the online mode, you have to visit the Backward Class Welfare Department Portal of your respective state and register for a caste certificate. Once the application form opens, fill in the required information, upload scanned copies of all necessary documents, and submit your form.
The process of applying offline is also similar, but in this case, you have to collect the application form from the Tahsildar’s office in your taluk or the Revenue Office. Ask for a caste certificate application form, fill in the details, and submit the form with copies of the documents to the officer-in-charge.
Know more: Caste Certificate Documents
Benefits Granted by the Government to Protect the People Belonging to SC
If your caste identity is SC, then the government will issue you an SC caste certificate. If you apply for an SC caste certificate, you will get a few additional benefits as stated below:
- Under government regulations, an SC caste certificate can be used to get reserved school and college seats
- Candidates holding SC certificates have a seat reserved in competitive exams and scholarships. They are also given preference for government and private employment and can avail of government subsidies
- SC category candidates can get the benefits of housing and self-employment schemes
- Individuals with SC certificates are assigned housing sites
- Also, holders of SC certificates are eligible to apply for land grants from the government of India
- An SC certificate allows the candidate to stand for elections.
Income Tax Exemption for Scheduled Tribes in India
Depending on the type of income, there are numerous categories for tax exemptions in India. Agricultural income, pensions, allowances, and other types of income are among those that are exempt. Deduction of Tax at Source is another option that is available.
The monetary exclusion that lowers taxable income is a tax exemption. You may receive full tax relief, lower tax rates, or only a portion of the income would be subject to tax. Therefore, tax exemption is a legal exception to a general norm rather than the lack of taxation in specific situations. Tax exemptions are made available to promote particular economic activities.
Conclusion
A caste certificate, whether for Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC), is a crucial document required for availing of various government schemes, reservations, and benefits. It serves as proof of one’s social category and eligibility for specific privileges and opportunities. Therefore, before initiating the application process for a caste certificate, it is imperative to ensure all necessary documents are organized and readily available. This includes proof of identity, residence, and any supporting documents establishing caste affiliation. Proper preparation beforehand can streamline the application process and avoid unnecessary delays or complications, ensuring timely access to essential services and entitlements.
Frequently Asked Questions on Laws on Scheduled Caste
1. What is Scheduled Caste in Hindu law?
SC in Hindu law are officially designated groups in India historically subjected to untouchability and severe social discrimination. They receive affirmative action benefits like reserved seats in education and government jobs.
2. What is the rule 7 of SC ST Act?
Rule 7 of SC ST outlines procedures for filing complaints under the Act. It clarifies who can file, against whom, and within what timeframe.
3. What is Section 42 of the SC ST Act?
Section 42 deals with temporary suspension of officers facing accusations under the Act. It aims to prevent further misuse of authority while ensuring due process.
4. What is the rule 5 of SC ST Act?
Rule 5 specifies details of arrest procedures for offenses under the Act. It emphasizes prompt action and protection of SC/ST victims.
5. What is SC ST Act Rule 4?
Rule 4 mandates immediate registration of FIRs (First Information Reports) for complaints under the Act. It aims to ensure timely investigation and prevent delays.
