Constitutional Provisions for the Welfare of Scheduled Castes

Abstract

Scheduled castes face multiple forms of social and economic exclusion and discrimination in
Indian society. To discriminate socially is to make a distinction between people on the basis of class or category without any regard to the individual merit. Examples of categories on which social discrimination is seen include race, religion, gender, weight, disability, ethnicity, height, employment circumstances, and sexual orientation age and so on. . Even when they try to raise their voices against the prejudices and derogatory treatment meted out to them, their voices are pressed either through the mighty caste Hindus or by the state instrumentalities by their positive action against them or by inaction by colluding with the caste Hindus. Atrocities are day to day phenomena and Scheduled castes are facing indignities and discrimination due to various historical, social and economic reasons. The phenomena of increasing atrocities on the Scheduled castes which results in gross violation of their human rights and to identify the reasons for perpetuating atrocities despite the safeguards provided under the law. The Preamble of the constitution proclaimed to secure to the people of India “social, economic and political justice, equality of status and of opportunity and to promote fraternity assuring the dignity of the individual. The constitution of our India provided fundamental rights for Scheduled castes coupled with positive discrimination to eliminate all kinds of discrimination. The constitution provided for protective discrimination under various Articles (15, 16, 17, 23, 24, 29, 164, 243D, 243T, 244, 330, 332, 334, 335, 338, 339, 340, 341 and 342) with a view to accelerate the process of building an egalitarian social order. The Constitution recognizes that in our social order there is inequality and the weaker sections have to be dealt on a preferential footing by the state. Hence, for the uplift of scheduled castes and scheduled tribes, concrete action oriented, programmes have been adopted. These programmes and essentially of three types: first reservation of seats in the legislatures. Second, reservation of posts in public services and third, reservation of seats in academic institutions.