National and international law for Rights of Scheduled Caste

The position of schedule caste and schedule tribe is always a question mark for the society .being a developing country we are saying that we are giving an equal status to them as compared with other caste but in reality, it is not like this. In modern time also they are facing problem but we can say that the extent of suffering ness is less as compared to previous time. For improving their conditions government are taking various steps like specific laws are being made for them, commissions were made only for their betterment and by means of reservation also, the government is trying to improve their condition.

Specifically, Our Constitution guarantees justice and equality of opportunity to all its citizens. It also recognizes that equal opportunity implies a competition between equals, and not ‘un-equals’. Recognizing the inequality in our social structure, the makers of the Constitution argued that weaker sections have to be dealt with on a preferential footing by the state. A special responsibility was, thus, placed upon the state to provide protection to the weaker sections of society.

Keywords– what is Scheduled caste Rights? Law For Protecting Dalits From Atrocities, International Law For Sc Caste, Dalit Human Rights, Dalits Constitutional Rights. Indian Law For Scheduled Caste.

Accordingly, the Constitution provided for protective discrimination under various articles to accelerate the process of building an egalitarian social order In the research paper I just explained the condition of schedule caste and schedule tribe and what are provisions available to them under the constitution of India. These provisions are just like a helping hand for them to improve their condition. When all the sections of people developed then only our country will become a developed country.

Introduction:

The Dalits are Caste traditional India’s principal category of social ordering and control is the most exhaustive and of noxious of all known exclusionary systems. The Hindu social order, particularly its main pillars, the caste system, and untouchability presents a unique case. As a system of social, economic and religious governance, it is founded not on the principle of the liberty (or freedom), equality and fraternity, the values which formed the basis of universal human rights, but on the principle of inequality in every sphere of life.

The social order is based on three interrelated elements, namely, predetermination of social, religious and economic rights of each caste based on birth; the unequal and hierarchical (graded) division of these rights among castes; and provision of strong social, religious and economic ostracism supported by social and religious ideology to maintain the order. Among the Backward Castes, ScheduledCastes are socially, economically, politically, religiously, and culturally oppressed.In the past, many Scheduled Castes embraced Christianity during the British rule in India, these converts were given free food, clothes, and education by the missionaries. Many of them got good educations and jobs.Some made an attempt, in the 19th century, to disassociate themselves from the traditional callings of the community. They began to imitate the dress and rituals of the Upper Castes in order to avoid ill-treatment, Scheduled Castes have often preferred to change their religion.

With the legacy of Dr. B R Ambedkar, the Indian constitution guaranteed to all citizens the fundamental rights and equal protection before the law. It provides a number of safeguards to Scheduled Castes to ensure their all-round development and protection against all kinds of the discriminations in India. But most of the provisions of the constitution have remained only on paper because their implementation has been faulty, half-hearted and inadequate and inequality, discrimination, exclusion, and stigmatization can jointly contribute to the utter marginalization in India.

They account for 2 percent of Tamilnadu’s population, and the Socio-economic and Caste Census has now found that Dalits households in rural Tamil Nadu touch 25.55 percent. However, Dalits in the state continue to be a receiving end; and there seems to be no in atrocities against them. “Historically, the political discourse in Tamil Nadu revolved around the Brahmins versus non-Brahmins question. Now, it has become Dalits versus non-Dalits.

International law:

• Article 1,2 of UDHR and ARTICLE 3, 5,6 of ICESCR provide for equality and rights for all. The state should provide forthe enjoyment of all economic, social and cultural rights.
• Article 23 UDHR and Article 7 ICESCR: Equality in employment and prohibition of discrimination in pay and working condition.
• Article 25 and 26 UDHR state should provide for the basic necessity of all.
• Article 11(2): Protection in respect of conviction for offenses.
• Article 18 freedom of conscience and free profession, practice and propagation of religion.
• Article 22 protection of interests of minorities.
• Article 8 Right to Right
•  Article 10 ICESCR provide a right to marry and found family by one’s own consent.

Indian Law:

1. Beyond these provisions in the Constitution of India some special provisions are made for the Scheduled Castes. Article 17 has abolished to the practice of untouchability. Article 330 and332 gave provided for the reservation of seats to appointments, Article 338 has made provision for the special officer to investigate all matters relating to the safeguards for the Scheduled Castes and Article 46 relates to special care about the educational and economic interest of the Scheduled Castes.10
2. National Commission for Scheduled Castes and Scheduled Tribes: Article 338 of the constitution requires constitution of the National Commission for Scheduled Castes and Scheduled Tribes for better protection of the rights of the members of the Scheduled Castes and Scheduled Tribes.
3. Caste Disabilities Removal Act 1950: The Act provides that when in a civil suit the parties belong to different persuasions, the laws of the religions of the parties shall not be permitted to operate to deprive such parties of any such parties of any property but for the operation of such laws, they would have been entitled.
4. Protection of Civil Rights Act 1955: By this Act, enforcement of any disability arising out of untouchability has been made an offence punishable in accordance with the relevant provisions.
5. The Bonded Labour System (Abolition)Act, 1976
6. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989: An Act to prevent the Commission of atrocities against members of the Scheduled Castes and the Scheduled Tribes for Constitution of special courts for trial of such offenses, and to provide relief and rehabilitation to the victims.
7. Protection of Human Rights Act 1993: The Act provides for the Constitution of a National Human Rights Commission, State Human Rights Commission, and Human Rights Courts for better protection of Human Rights.

Explanation:

The above provisions of International Bill of Rights and Indian Constitution ensure that Scheduled Castes and Scheduled Tribes be treated equally and not be discriminated. It ensures that the state provides for measures to improve Socio-Economic conditions of SC/ST so that they achieve a minimum standard of living. The state is to protect Social, Economic and Cultural rights of them.