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Scheduled Castes (Dalits): Status, Problems, and Protections
2.1 Constitutional Safeguards
| Article | Provision |
|---|---|
| Article 17 | Abolishes untouchability; its practice in any form is an offence |
| Article 15(4) | State may make special provisions for SC/ST and backward classes |
| Article 16(4) | Reservation in public appointments for backward classes including SC/ST |
| Article 46 | Promote educational and economic interests of SC/ST; protect from social injustice |
| Article 338 | National Commission for Scheduled Castes (NCSC) — investigates complaints |
| Article 341 | President specifies SCs in each state; Parliament can modify |
Reservation: SC = 15% in government jobs and educational institutions; ST = 7.5%. The Supreme Court in Indra Sawhney v. Union of India (1992) capped total reservation at 50% (except extraordinary circumstances); recently 103rd Amendment (2019) added 10% EWS (Economically Weaker Sections) reservation.
2.2 Key Legislation
SC/ST (Prevention of Atrocities) Act, 1989 (PoA Act):
- Defines 22 specific offences against SCs/STs (expanded to 47 by 2015 Amendment)
- Mandatory registration of FIR on complaint (no preliminary inquiry required per SC 2018 judgment reversal)
- Special courts and public prosecutors in each district
- Punishment: 6 months to 5 years imprisonment; life imprisonment/death for murder cases
New offences added by 2015 Amendment:
- Garlanding with footwear
- Imposing or threatening social/economic boycott
- Forcing to eat inedible substances
- Dedication of SC/ST women as devadasis
- Wrongfully dispossessing from land
- Manual scavenging
2.3 Data: Atrocities and Status
NCRB 2022 — Crimes Against SCs:
- Total cases: 51,656 (UP: 14,922; Rajasthan: 8,651; MP: 7,793)
- Crime rate (per 1 lakh SC population): 28.5 in UP; Rajasthan 27.4
- Pendency at trial: ~75% of cases pending beyond one year
Social indicators (Census 2011 + NFHS-5):
- SC literacy rate: 66.1% (national average 73%)
- SC female literacy: 56.5%
- SC infant mortality rate: higher than national average
- SC land ownership: disproportionately low despite land reform efforts