Backward Caste and Tribes in Post Colonial Electoral Politics
Bhikhu Parekh- I don’t need to see Indians complain about authoritarianism and racism of british when they denied political equality and social rights to a larger section of population
SC &ST Prevention of Atrocities Act, 1989
- This act was enacted by Parliament to prevent the citizens belonging to schedule caste and schedule tribe categories from various offences of social economic nature.
- Despite the various measures taken by government to improve the condition of scheduled castes and scheduled Tribes it was found that these groups were still vulnerable to various forms of indignity, humiliation and harassment.
- The existing legal provisions did not have specific definition for such a crime and because of that the offenders belonging to social economically political classes with a higher status could easily escape the clutches of law.
- Under the circumstances the SC ST prevention of atrocities act was enacted by Parliament in 1989 so that these communities could enjoy a dignified life and could live without fear of violence or suppression.
Significance
- This act defines the scope of atrocities in form of social disabilities, disability is of personal nature, political disabilities, economic exploitation et cetera.
- Social disability is included denying access to public places, services et cetera.
- Personal nature of disability is include outraging the modesty, inflicting injury et cetera on the vulnerable sections.
- Political disability includes denial of participation in political activities.
- Economic exploitation includes deprivation of a person from his property and denying the person opportunity to participate in normal economic activities.
- Offences related to atrocities are placed in category of criminal offences providing of tough punishments.
- It provides for setting up of special courts to try the cases related to atrocities without much delay.
- It burdens the accused with the responsibility of providing evidence for proving innocent. It is for appointment of pressure from special public prosecutors.
- Offences involving atrocities or not bailable convicts of such offences cannot be granted probation.
Tribal Policy of Independent India
Tribe refers to a group of people living in geographically isolated region having its own distinctive culture, customs, traditions and language et cetera. These tribes are identified by their primitive way of life. Population wise their size is comparatively small. 8% of Indian population is of tribes. Under article 342 the President of India has notified 698 scheduled tribes.
Problems
- Tribal people face a number of challenges because of their geographical isolation. These challenges can be in terms of geographical, economical, political and social.
- Social - Tribals do not have access to modern health facilities. Education institutions and tribal areas are also limited and economic advancement is almost negligible.
- Tribals are also faced with challenges because of the displacement for government projects in tribal areas
- Since the level of awakening and access to judicial and legal system are very limited to tribal areas they suffer exploitation at hands of moneylenders, forest contractors and other outsiders. Government of independent India was aware of the challenges and has initiated a number of steps to empower the tribals.
Nehruvian Panchsheel of Tribal policy
Prime minister of independent India Pandit Nehru was well aware of the challenges faced by tribals of India and outlined a five principle guideline for national tribal policy 1952. These principles are-
- Tribals should be allowed to develop according to their own genius
- Tribal rights in forest and land should be respected
- Team should be trained to work in administration and other development activities
- Tribal areas should not be over administered or overwhelmed with the multiplicity of schemes
- Results should be judged not by statistics or amount of money spent but why the human character which has evolved
At the time of Independence various approaches were being discussed to carry out development of tribal region while some emphasised on assimilation and integration into mainstream society, others focused on in situ advancement of tribals. These principles and approaches guided the policy of government of India after independence regarding tribals.
National Tribal Policy 2008
- Nehruvian Principles with respect to tribals were general outlines and lacked specifics. Gradually it was felt that tribal development cannot be insured without looking into their problems specifically.
- In October 1999 the government created a separate ministry to look after the tribal affairs known as Ministry of tribal affairs. Discussions were started to formulate a specific tribal policy by involving tribal leaders, government officials, NGOs and other stakeholders. This culminated in the national tribal policy of 2008
Significance
- It deals with all the challenges being faced by tribals
- It provides for educational advancement of tribals. It recognises that formal education is the key to all-round human development. It emphasises that tribals should be included in programmes like Sarva Shiksha abhiyan. The content of education must be determined by keeping in mind the needs of tribal people.
- As per the policy tribal development shall be carried out without causing any displacement. Whenever displacement is compulsory each tribal family which had aligned in earlier settlements shall be given new land and proper rehabilitation measures must also be taken.
- The policy emphasises on extending modern health facilities in tribal regions. It specially focuses on nutritional deficiency been faced by tribals and how to tackle it
- The policy emphasises on maximum possible application of traditional tribal wisdom while undertaking developmental activities
- It focuses on safeguarding intellectual property rights of tribals and protect them from evils of biopiracy et cetera
- The policy emphasises on spreading awareness among tribals about evil effects of shifting cultivation so that agriculture production in tribal areas could be increased
Untouchability
At the time of Independence a number of social evils were prevailing in India in different forms. Among these untouchability was the most inhuman as certain sections of society were forced to live a life of social exclusion and were not considered as ordinary citizens. This evil has been going on in Indian subcontinent since ages. Many reformers of the past raise their voices against this practice but in spite of these efforts it refused to die out.
Political freedom one from british rule was meaningless for the sections of society suffering from untouchability. Therefore India had to strive for social freedom after winning political freedom from british rule. Steps were taken by the government to wipe out the evils of untouchability-
- Makers of Indian constitution were conscious of the fact that untouchability was a big evil. Article 17 in part three of the Constitution as a fundamental right which prohibited the practice of untouchability. But this provision failed to have any significant impact on On ground because this article was clearly an expression of intent. In absence of any specific legal provisions it was not possible for the courts to punish the person practising untouchability.
- To provide a suitable legal framework for wiping out evil untouchability Parliament exercised its legislative authority and enacted the untouchability offences act 1955. Article 35 clause 2 of Constitution empowers the Parliament with exclusive authority to enact laws for the implementation of any provisions of part three of the Constitution. This act declared offence of practising untouchability as non-cognizable.
Protection of civil rights act 1977
- Untouchability offences act failed to wipe out the evil of untouchability effectively because the offences were made non-cognizable and compoundable.
- In order to provide greater deterrence to anti-untouchability law the Parliament amended the act of 1965 and 1977 and renamed it as protection of civil rights act.
- Under the amended act untouchability was made a cognizable and non-compoundable offence. This amendment eliminated the possibility of miss use of social power to pressurise the aggrieved party and settle the matter outside the court. The strict measures of prevention help in curbing the evil of untouchability but it still continues to haunt the Indian society after more than 70 years of independence
Mandal Commission and Report
- emergence of violent anti mandal agitation against decision to implement reservation for OBC in govt jobs based on report of the commission
- OBCs emerged as a dominant political force asserting their rights
- they became more aware of their identity, issues involved and hence were able to mobilise themselves to secure better opportunities for education and employment
- Mandal Commission was set up to determine the extent of educational and social backwardness amongst the backward classes. In its recommendations in 1980 and suggested 27% reservation in education institutions and govt jobs, along with land reform to improve their conditions.
- 1990 national front govt decided to implement the reservation which started agitations across many cities in north India. It was also challenged in the court as Indra Sawhney Case under which the court gave creamy layer concept.
- 1978 Backward and Minority Community Employees Association BAMCEF was formed and took a strong position on political power to the bahujan- the SC, ST, OBC and minorities. From it emerged Dalit Shoshit Samaj Sangharsh Samiti and later the Bahujan Samaj Party under Kanshi Ram. BSP was able to create its stronghold in UP by 1989- 91.