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Sachin B S
Assistant Professor
Department of Social Work
Sri Basaweshwara College
Tumkur
Constitutional provisions for
marginalities in India
 366(24) defined SC on the ground of 341 article
 341 the President in states and union territory
may consult concerned governor and determain
which castes comes under SC
Schedule Caste safeguard
measures
 1, Social safeguard
a) Article 46, The constitution of India
guarantees from social injustice and
exploitation
b) Article 14, guarantees equality before law
` c) Article 15(1), State not to discrimination
against any citizen on the ground of
caste
d) Article 17, untouchability is obalished and its
practice of any form is forbidden
e) Article 15(2), The constitutional mandates that
no citizens shall only ground of caste or race, be
subjected to any disability and restriction.
f) Article 15(4)(5), It empowers to state to make
reservation in education institutions
g) Article 16(4)(4A)(4B) and 335, Appointment of
posts in favour of SCs
h) Article 330, Reservation for SCs in Loksabha
i) Article 332, reservation under assembly
j) Article 243 D and 340T reservation in local self
government
h) Article 338 National commission for SCs
k) Untouchability (offence) act 1955
l) Renamed as protection of civil rights act 1976
m) Scheduled caste and scheduled tribes
atrocities prohibition act 1989
 2, Economic safeguard
Art.46 economic development
a) SCP
b) Special central assistance
c) Mahila Sambridhi Yojana (MSY) Mahila
karmachari and scavenging women
d) Assistance to Sheduled Caste Development
Corporation(SCDC)
e) National Safai Karmachari Finanace and
Development Corporation (NSKFDC)
f) National Sheduled Caste Finance and
Development Corporation (NSFDC)
 4, Educational and cultural safeguard
Art.15(4): Right to education
21A.Fundamental Rights to Primary Education
23 & 24 Right against Exploitation
a) Post matric scholorship (Ministry of Social
Justice and Empowerment)
b) Hostels for Pre matric and post matric
c) Coaching facility
d) Rajiv Gandhi National Felloship
e) Scholaships for higher studies at abroad
f) RTE
G) Educational reservation enshrined in
constitution of India
 5, political safeguard
a)Article 330, Reservation for SCs in Loksabha
b) Article 332, reservation under assembly
c) Article 243 D and 340T reservation in local
self government
d) Reserved Constituency
 6, Protection Measures
a) Untouchability (offence) act 1955
b) Renamed as protection of civil rights act 1976
c) Scheduled caste and scheduled tribes
atrocities prohibition act 1989
 7, Service Safeguard
Art.16(4): Reservation in Employment
Critical Appraisal
 Educational Backwardness
 Economical Backwardness
 Lower rates of worker Participation
 Social exploitation
 Segregation and deprivation
 Crimes and atrocities
Recommendation
 Economic development of Scheduled Caste
 Educational development of Scheduled caste
 Service Safeguard
 Protection of atrocities and crimes against SC
Scheduled Tribes
 366 (25) defining tribes under the clause of 342
Constitutional safeguard
a) Article 46, The constitution of India
guarantees from social injustice and
exploitation
b) Article 14, guarantees equality before law
` c) Article 15(1), State not to discrimination
against any citizen on the
ground of caste
d) Article 17, untouchability is obalished and
its practice of any form is forbidden
e) Article 15(2), The constitutional mandates
that no citizens shall only ground of caste or
race, be subjected to any disability and
restriction.
Social safeguard
f) Article 15(4)(5), It empowers to state to make
reservation in education institutions
g) Article 16(4)(4A)(4B) and 335, Appointment of
posts in favour of ST
h) Article 330, Reservation for STs in Loksabha
i) Article 332, reservation under Legislative
assembly
j) Article 243 D and 340T reservation in local self
government
k) Untouchability (offence) act 1955
l) Renamed as protection of civil rights act 1976
m) Scheduled caste and scheduled tribes
atrocities prohibition act 1989
n) 338 (A) National commission for STs
89th amendment Act.2003
Art.46 economic development
a) TSP
Objectives
 Sustainable reduction in poverty and un-employment
 Creation of productive assets in favour of SC and ST to sustain the growth
through development efforts
 Human resource development of SC and ST by providing adequate
educational and health services, and
 Provision of physical and financial security against all type of exploitation
and oppression
Components
 Only those schemes which ensures direct benefits to individuals, families of
SC/ST
 Area oriented schemes directly benefiting SC/ST hamlets/ villages having
majority of SC/ST population
 Priority for basic minimum services like primary education, health, drinking
water, nutrition, rural housing, rural electrification and rural link road
 Schemes to develop agriculture and allied activities like animal husbandry,
dairy development, vocational training, etc. that provide a source of
livelihood to the SC/ST population should be included
 Innovative projects that draw upon institutional finance to supplement plan
Economic Safeguard
b) Special central assistance
c) Sponser from ministry of Social Justice
and Empowerment
b) Forest Right act 2006
c) 5th and 6th schedule
d) 20 point programme
 Educational Safeguard
21A.Fundamental Rights to Primary
Education
23 & 24Right against Exploitation
Girls hostel for STs
Grant in aid for voluntary organization
Political Safeguards
 Article 330, Reservation for STs in
Loksabha
 Article 332, reservation under Legislative
assembly
 PESA- 1991
 Reserved constituency
Service safeguard
 Art.16(4): Reservation in Employment
Critical evaluation
 Tribal development lacks a coherent and clear cut
policy
 Lack of efficient administration at state level
 Lack of preservation tribal identity and their
culture
 Displacement and loss of land
 Lack of conscientisation
 Tribal unrest and socio political movement
 Economical Backwardness
 Social exploitation
 Segregation and deprivation
 Crimes and atrocities
Recommendations
 Economic development of Scheduled Caste
 Educational development of Scheduled caste
 Service Safeguard
 Protection of atrocities and crimes against SC
Denotified Tribes
 National Commission for de notified tribes-
August 15 2003 from former prime minister Atal
Bihari Vajpayee
 Backward class commission 1955
OBC
 the time of adopting constitution, the word used in
Art 16 (4) is ‘ Backward
Class’ which includes all backward class citizens i.e.
SC.STs, OBCs.
 Article-14-State shall not deny to any person equality
before the law and equal
 Article 16 (4)“Nothing in this Article shall prevent the
State from making any provision for the reservation
for the appointments or posts in favour of any
Backward Class of citizens which, in the opinion of
the State, is not adequately represented in the
services under the State”
 Article 340(1) “The President may order to appoint a
commission consisting of such persons as he thinks
fit to investigate the conditions of socially and
educationally Backward Classes within the territory
of India and the difficulties
 Article 15 (4) “Nothing in this Article or in clause 2 of
Article 29 shall prevent the State from making any
special provision for the advancement of any socially
and educationally backward classes of citizens or for
the Scheduled Casts and Scheduled Tribes.
 Article 38(1) reads: “The State shall strive to promote
the welfare of the people
 Article 44: Contemplated a uniform civil code for
citizens through out the territory of India.
Other relaxation for OBC
 Relaxed age and number of attempts for
recruitment
 Schemes for the welfare of the OBCs
 Pre matric scholarship for OBC
 Post matric scholarship
 Hostels for OBC boys and girls
 Pre examination coaching
 Assistance to voluntary organization for welfare of
OBC
 The National Backward Classes Finance and
Development Corporation (NBCFDC)
 National Commission for Backward Classes
1993
Recommendation
 Social empowerment
 Economical empowerment
Minorities
 Article 15- Prohibition of discrimination on the
grounds of Race, Religion, Caste, sex , place of
birth
 Art16- Equality of opportunity in public
employment
 Art 25- Freedom of conscience and free
profession, practice and propagation of religion
 Art 26- Freedom of manage Religious affairs
 Art 27- Freedom as to payment of taxes for
promotion of any particular religion
 Art 28- Freedom as to attendance at religious
instructions
 Art 30- Right to minorities to establish and administer
education institutions
 Art 347- Special provision relating to language
spoken by a section of a population of a state
 Art 350- Language to be used in representation for
redress of grievances
 Art 350 A – Facility for instruction in mother tongue at
primary stage
 Art 350 B- Special officer for linguistic minorities
 Minorities commission 1982
 Commission for linguistic minorities 350 B
Educational development schemes
 Maulana Azad education foundation
 Assistance for pre examination coaching
 National Minorities development and finance
corporation
 Prime minister 15 point programme
 Communal harmony
 Recruitment to state and central services
 HRD ministry schemes
 Separate ministry for minority- 2006
 Sachar committee report

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Constitutional provisions for marginalities in india

  • 1. Sachin B S Assistant Professor Department of Social Work Sri Basaweshwara College Tumkur Constitutional provisions for marginalities in India
  • 2.  366(24) defined SC on the ground of 341 article  341 the President in states and union territory may consult concerned governor and determain which castes comes under SC
  • 3. Schedule Caste safeguard measures  1, Social safeguard a) Article 46, The constitution of India guarantees from social injustice and exploitation b) Article 14, guarantees equality before law ` c) Article 15(1), State not to discrimination against any citizen on the ground of caste d) Article 17, untouchability is obalished and its practice of any form is forbidden e) Article 15(2), The constitutional mandates that no citizens shall only ground of caste or race, be subjected to any disability and restriction.
  • 4. f) Article 15(4)(5), It empowers to state to make reservation in education institutions g) Article 16(4)(4A)(4B) and 335, Appointment of posts in favour of SCs h) Article 330, Reservation for SCs in Loksabha i) Article 332, reservation under assembly j) Article 243 D and 340T reservation in local self government h) Article 338 National commission for SCs k) Untouchability (offence) act 1955 l) Renamed as protection of civil rights act 1976 m) Scheduled caste and scheduled tribes atrocities prohibition act 1989
  • 5.  2, Economic safeguard Art.46 economic development a) SCP b) Special central assistance c) Mahila Sambridhi Yojana (MSY) Mahila karmachari and scavenging women d) Assistance to Sheduled Caste Development Corporation(SCDC) e) National Safai Karmachari Finanace and Development Corporation (NSKFDC) f) National Sheduled Caste Finance and Development Corporation (NSFDC)
  • 6.  4, Educational and cultural safeguard Art.15(4): Right to education 21A.Fundamental Rights to Primary Education 23 & 24 Right against Exploitation a) Post matric scholorship (Ministry of Social Justice and Empowerment) b) Hostels for Pre matric and post matric c) Coaching facility d) Rajiv Gandhi National Felloship e) Scholaships for higher studies at abroad f) RTE G) Educational reservation enshrined in constitution of India
  • 7.  5, political safeguard a)Article 330, Reservation for SCs in Loksabha b) Article 332, reservation under assembly c) Article 243 D and 340T reservation in local self government d) Reserved Constituency  6, Protection Measures a) Untouchability (offence) act 1955 b) Renamed as protection of civil rights act 1976 c) Scheduled caste and scheduled tribes atrocities prohibition act 1989  7, Service Safeguard Art.16(4): Reservation in Employment
  • 8. Critical Appraisal  Educational Backwardness  Economical Backwardness  Lower rates of worker Participation  Social exploitation  Segregation and deprivation  Crimes and atrocities
  • 9. Recommendation  Economic development of Scheduled Caste  Educational development of Scheduled caste  Service Safeguard  Protection of atrocities and crimes against SC
  • 10. Scheduled Tribes  366 (25) defining tribes under the clause of 342 Constitutional safeguard
  • 11. a) Article 46, The constitution of India guarantees from social injustice and exploitation b) Article 14, guarantees equality before law ` c) Article 15(1), State not to discrimination against any citizen on the ground of caste d) Article 17, untouchability is obalished and its practice of any form is forbidden e) Article 15(2), The constitutional mandates that no citizens shall only ground of caste or race, be subjected to any disability and restriction. Social safeguard
  • 12. f) Article 15(4)(5), It empowers to state to make reservation in education institutions g) Article 16(4)(4A)(4B) and 335, Appointment of posts in favour of ST h) Article 330, Reservation for STs in Loksabha i) Article 332, reservation under Legislative assembly j) Article 243 D and 340T reservation in local self government k) Untouchability (offence) act 1955 l) Renamed as protection of civil rights act 1976 m) Scheduled caste and scheduled tribes atrocities prohibition act 1989 n) 338 (A) National commission for STs 89th amendment Act.2003
  • 13. Art.46 economic development a) TSP Objectives  Sustainable reduction in poverty and un-employment  Creation of productive assets in favour of SC and ST to sustain the growth through development efforts  Human resource development of SC and ST by providing adequate educational and health services, and  Provision of physical and financial security against all type of exploitation and oppression Components  Only those schemes which ensures direct benefits to individuals, families of SC/ST  Area oriented schemes directly benefiting SC/ST hamlets/ villages having majority of SC/ST population  Priority for basic minimum services like primary education, health, drinking water, nutrition, rural housing, rural electrification and rural link road  Schemes to develop agriculture and allied activities like animal husbandry, dairy development, vocational training, etc. that provide a source of livelihood to the SC/ST population should be included  Innovative projects that draw upon institutional finance to supplement plan Economic Safeguard
  • 14. b) Special central assistance c) Sponser from ministry of Social Justice and Empowerment b) Forest Right act 2006 c) 5th and 6th schedule d) 20 point programme
  • 15.  Educational Safeguard 21A.Fundamental Rights to Primary Education 23 & 24Right against Exploitation Girls hostel for STs Grant in aid for voluntary organization
  • 16. Political Safeguards  Article 330, Reservation for STs in Loksabha  Article 332, reservation under Legislative assembly  PESA- 1991  Reserved constituency
  • 17. Service safeguard  Art.16(4): Reservation in Employment
  • 18. Critical evaluation  Tribal development lacks a coherent and clear cut policy  Lack of efficient administration at state level  Lack of preservation tribal identity and their culture  Displacement and loss of land  Lack of conscientisation  Tribal unrest and socio political movement  Economical Backwardness  Social exploitation  Segregation and deprivation  Crimes and atrocities
  • 19. Recommendations  Economic development of Scheduled Caste  Educational development of Scheduled caste  Service Safeguard  Protection of atrocities and crimes against SC
  • 20. Denotified Tribes  National Commission for de notified tribes- August 15 2003 from former prime minister Atal Bihari Vajpayee  Backward class commission 1955
  • 21. OBC  the time of adopting constitution, the word used in Art 16 (4) is ‘ Backward Class’ which includes all backward class citizens i.e. SC.STs, OBCs.  Article-14-State shall not deny to any person equality before the law and equal  Article 16 (4)“Nothing in this Article shall prevent the State from making any provision for the reservation for the appointments or posts in favour of any Backward Class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”
  • 22.  Article 340(1) “The President may order to appoint a commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally Backward Classes within the territory of India and the difficulties  Article 15 (4) “Nothing in this Article or in clause 2 of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Casts and Scheduled Tribes.  Article 38(1) reads: “The State shall strive to promote the welfare of the people  Article 44: Contemplated a uniform civil code for citizens through out the territory of India.
  • 23. Other relaxation for OBC  Relaxed age and number of attempts for recruitment  Schemes for the welfare of the OBCs  Pre matric scholarship for OBC  Post matric scholarship  Hostels for OBC boys and girls  Pre examination coaching  Assistance to voluntary organization for welfare of OBC  The National Backward Classes Finance and Development Corporation (NBCFDC)  National Commission for Backward Classes 1993
  • 25. Minorities  Article 15- Prohibition of discrimination on the grounds of Race, Religion, Caste, sex , place of birth  Art16- Equality of opportunity in public employment  Art 25- Freedom of conscience and free profession, practice and propagation of religion  Art 26- Freedom of manage Religious affairs  Art 27- Freedom as to payment of taxes for promotion of any particular religion  Art 28- Freedom as to attendance at religious instructions
  • 26.  Art 30- Right to minorities to establish and administer education institutions  Art 347- Special provision relating to language spoken by a section of a population of a state  Art 350- Language to be used in representation for redress of grievances  Art 350 A – Facility for instruction in mother tongue at primary stage  Art 350 B- Special officer for linguistic minorities  Minorities commission 1982  Commission for linguistic minorities 350 B
  • 27. Educational development schemes  Maulana Azad education foundation  Assistance for pre examination coaching  National Minorities development and finance corporation  Prime minister 15 point programme  Communal harmony  Recruitment to state and central services  HRD ministry schemes  Separate ministry for minority- 2006  Sachar committee report