Unit-3

Law and society

Caste System in India

The Indian society is divided into various sects and classes. This is because of the caste system
which is prevalent in the country. The roots of the caste system go back to the ancient Vedas
dividing people on the basis of varna or occupation. It has brought many evils in the society. The
Government is constantly striving to overcome the harms of the system and bring about true
equality among the people.

The caste system is the bane for the Indian society. It divides the Indian society into sectarian
groups and classes. Even today, it plays a predominant role in our society despite the growth of
culture and civilisation.

 The terms ‘Scheduled Castes and Scheduled Tribes’ (SC/ST) are the official terms used
in government documents to identify former untouchables and tribes. However, in 2008
the National Commission for Scheduled Castes, noticing that the word ‘Dalit’ was used
interchangeably with the official term ‘Scheduled Castes’, asked the State Governments
to end the use of the word ‘Dalit’ in official documents by calling the term
‘unconstitutional’ and to replace it with the term ‘Scheduled Caste’ instead.
 The roots of the caste system are traced back to the ancient ages. While one view
discriminates between the castes as upper and lower castes on the basis of their origin,
another view traces the origin of the castes to varnas which classifies the caste system on
the basis of their functions. Since then, it was found that undue advantage was taken by
the section of people having an upper hand and a say in the community, leading to
discrimination and exploitation of the weaker sections of community.
 The people from Scheduled Castes and Scheduled Tribes, referred to as ‘untouchables’
form one-sixth of India’s population or 160 million; they endure discrimination and
segregation.
Evil faces of this system

Untouchability

Many villages are separated by caste and they may not cross the line dividing them from the
higher castes. They also may not use the same wells or drink in the same tea stalls as higher
castes.
Discrimination

They often do not have the facility to electricity, sanitation facilities or water pumps in lower
caste neighbourhoods. Access to better education, housing and medical facilities than that of the
higher castes is denied.
Division of labour

They are restricted to certain occupations like sanitation work, plantation work, leather works,
cleaning streets, etc.
Slavery

They are subjected to exploitation in the name of debt, tradition, etc., to work as labourers or
perform menial tasks for generations together.
Government Initiatives

The Indian Government has enacted laws to remove untouchability and has also brought in many
reforms to improve the quality of life for the weaker sections of society. Few among them are:

 Constitutionally guaranteed fundamental human rights

 Abolition of ‘ untouchability’ in 1950
 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
 Provision of reservation in places like educational institutions, for employment
opportunities etc.
 Establishing social welfare departments and national commissions for the welfare of
scheduled castes and tribes
These measures adopted by the government have brought some relief to the weaker sections of
society. The urban areas have shown good amount of impact and some improvement. However,
people in rural areas and villages still face extreme discrimination. We indeed have a long way to
go in achieving the objectives set to eradicate and abolish discrimination, on the basis of caste
and creed. It now depends on our efforts and a change in our mindset is sure to see a perpetual
change, bringing about equality for all.
Right to Equality

The fundamental fights are guaranteed to protect the basic human rights of all citizens of India
and are put into effect by the courts, subject to some limitations. One of such fundamental rights
is the Right to Equality. Right to Equality refers to the equality in the eyes of law, discarding any
unfairness on grounds of caste, race, religion, place of birth sex.

It also includes equality of prospects in matters of employment, abolition of untouchability and

abolition of titles. Articles 14, 15, 16, 17 and 18 of the Constitution of India highlight the Right
to Equality in detail.

This fundamental right is the major foundation of all other rights and privileges granted to Indian
citizens. It is one of the chief guarantees of the Constitution of India. Thus, it is imperative that
every citizen of India has easy access to the courts to exercise his/her Right to Equality.
Various articles under the Right to Equality are explained as follows:
Equality before Law

Equality before law is well defined under the Article 14 of the Constitution which ensures that
every citizen shall be likewise protected by the laws of the country. It means that the State will
not distinguish any of the Indian citizens on the basis of their gender, caste, creed, religion or
even the place of birth.

The state cannot refuse equality before the law and equal defense of the law to any person within
the territory of India. In other words, this means that no person or groups of people can demand
for any special privileges. This right not only applies to the citizens of India but also to all the
people within the territory of India.
Social Equality and Equal Access to Public Areas

The right of Social Equality and Equal Access to Public Areas is clearly mentioned under the
Article 15 of the Constitution of India stating that no person shall be shown favoritism on the
basis of color, caste, creed language, etc. Every person shall have equal admittance to public
places like public wells, bathing ghats, museums, temples etc. However, the State has the right to
make any special arrangement for women and children or for the development of any socially or
educationally backward class or scheduled castes or scheduled tribes. This article applies only to
citizens of India.
Equality in Matters of Public Employment

Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally
in the matters of employment. No citizen shall be discriminated on the basis of race, caste,
religion, creed, descent or place of birth in respect of any employment or office under the State.
Every citizen of India can apply for government jobs. However, there are some exceptions to this
right. The Parliament may pass a law mentioning that specific jobs can only be filled by
candidates who are residing in a particular area. This requirement is mainly for those posts that
necessitate the knowledge of the locality and language of the area.

Apart from this, the State may also set aside some posts for members of backward classes,
scheduled castes or scheduled tribes which are not properly represented in the services under the
State to uplift the weaker sections of the society. Also, a law may be passed which may entail
that the holder of an office of any religious institution shall also be a person professing that
specific religion. Though, this right shall not be granted to the overseas citizens of India as
directed by the Citizenship (Amendment) Bill, 2003.
Abolition of Untouchability

Article 17 of the Constitution of India abolishes the practice of untouchability in India. Practice
of untouchability is declared as a crime and anyone doing so is punishable by law. The
Untouchability Offences Act of 1955 (and now Protection of Civil Rights Act in 1976) states
punishments for not allowing a person to enter a place of worship or from taking water from a
well or tank.
Abolition of Titles

Article 18 of the Constitution of India prohibits the State from granting any titles. Citizens of
India are not allowed to accept titles from a foreign State. Titles like Rai Bahadurs and Khan
Bahadurs given by the British government have also been abolished. Nevertheless, academic and
military distinctions can be conferred upon the citizens of India. The awards of ‘Bharat Ratna’
and ‘Padma Vibhushan’ cannot be used by the beneficiary as a title and is not prohibited by the
Constitution of India. From 15 December 1995, the Supreme Court has sustained the validity of
such awards.

To conclude, the ‘Right to Equality’ should not only remain on papers. This right should be
properly exercised; otherwise it will lose its essence if all the citizens of India, especially the
weaker and backward classes do not have equal rights and equality before law.
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The caste system in India

The caste system in India is the paradigmatic ethnographic instance of social classification
based on castes. It has its origins in ancient India, and was transformed by various ruling elites
in medieval, early-modern, and modern India, especially in the aftermath of the collapse of
the Mughal Empire and the establishment of the British Raj

It is today the basis of affirmative action programmes in India as enforced through its
constitution.[

The caste system consists of two different concepts, varna and jati, which may be regarded as
different levels of analysis of this system.

The caste system as it exists today is thought to be the result of developments during the collapse
of the Mughal era and the rise of the British colonial government in India.

The British Raj furthered this development, making rigid caste organisation a central mechanism
of administration. Between 1860 and 1920, the British incorporated the Indian caste system into
their system of governance, granting administrative jobs and senior appointments only
to Christians and people belonging to certain castes.

Social unrest during the 1920s led to a change in this policy. [9] Caste was no longer used by the
colonial authority to functionally organize civil society. This reflected changes in administrative
practices, understandings of expertise, and the rise of new European scholarly institutions.

The 1920s, the colonial administration began a policy of positive discrimination by reserving a
certain percentage of government jobs for the lower castes. In 1948, negative discrimination on
the basis of caste was banned by law and further enshrined in the Indian constitution in 1950;
[11]
however, the system continues to be practiced in parts of India.

There are 3,000 castes and 25,000 sub-castes in India, each related to a specific occupation.

Caste-based differences have also been practised in other regions and religions in the Indian
subcontinent, like Nepalese Buddhism,] Christianity, Islam, Judaism and Sikhism.

It has been challenged by many reformist Hindu movements, [15] Sikhism, Christianity, and
present-day Neo Buddhism.[16] With Indian influences, the caste system is also practiced in Bali.

India after achieving independence in 1947 enacted many affirmative action policies for the
upliftment of historically marginalized groups as enforced through its constitution. These
policies included reserving a quota of places for these groups in higher education and
government employment.

Definitions and concepts

Varna, jāti and caste

Varna
Main article: Varna (Hinduism)

Varna, meaning type, order, colour, or class are a framework for grouping people into classes,
first used in Vedic Indian society. It is referred frequently in the ancient Indian texts.
There are four classes: the Brahmins (priestly people), the Kshatriyas (rulers,
administrators and warriors; also called Rajanyas), the Vaishyas (artisans, merchants,
tradesmen and farmers), and the Shudras (labouring classes).

The varna categorisation implicitly includes a fifth element, those deemed to be entirely outside
its scope, such as tribal people and the untouchables (Dalits).

Jati
Main article: Jāti

In ancient texts, Jati, meaning birth,[23] is mentioned less often and clearly distinguished
from varna. There are four varnas but thousands of jatis

The jatis are complex social groups that lack universally applicable definition or characteristic
and have been more flexible and diverse than was previously often assumed.

Certain scholars of caste have considered jati to have its basis in religion, assuming that the
sacred elements of life in India envelop the secular aspects; for example, the
anthropologist Louis Dumont described the ritual rankings that exist within the jati system as
being based on the concepts of religious purity and pollution. This view has been disputed by
other scholars who believe it to be a secular social phenomenon driven by the necessities of
economics, politics, and at times geography.

Jeaneane Fowler says that although some people consider jati to be occupational segregation, in
reality, the jati framework does not preclude or prevent a member of one caste from working in
another occupation.

A feature of jatis has been endogamy, in Susan Bayly's words, that "both in the past and for
many though not all Indians in more modern times, those born into a given caste would normally
expect to find marriage partner" within his or her jati.

Jatis have existed in India among Hindus, Muslims, Christians, and tribal people, and there is no
clear linear order among them.

Caste
Caste

The term caste is derived from the Portuguese word casta, meaning "race, lineage, breed" and,
originally, "'pure or unmixed (stock or breed)". Originally not an Indian word, it is now widely
used in English and in Indian languages, closely translated to varna and jati.

Emergence of the concept of Social Justice

1.The history of Western society bends toward social justice. The fight for social justice is
incremental and extends over centuries. The interpretation and judgment of social justice
depends on who interprets it and who writes the laws of society.

2.Ordinary people can change the course of history by joining a movement. Social justice is a
movement for improving the lives of people.

3. A fair and just society will encourage democratic principles of equality, opportunity, and
mobility. It will also provide a legal framework for human rights, civil rights, and individual
rights.

4.Every democratic society must try to reduce the gap in income and wealth among its
citizenry. There must be a reasonable floor and ceiling in income and wealth.

5. The floor and ceiling is achieved through some form of monetary redistribution and
taxation, as well as by political compromise. But just when you think you have reached some
compromise or agreement, the political winds change and you have a new floor and ceiling.

6. In a just society, all lives have equal value, equal opportunity and equal chances for
success.

7. A socially just society cannot forget or ignore people in need, nor leave the majority of its
people behind. It must put people first—not property nor profits. It must be willing to
examine and reexamine its beliefs and philosophy on a regular basis.
8. All groups, including those who define themselves as a political minority (blacks, Hispanics,
women, gay lesbians, labor unions, etc.) recognize some bias and discrimination will always
exist. But in a just society, the bias and discrimination are minimal and minority groups have the
same rights as the majority and are able to fulfill their dreams.

9. In a fair or just society, the class structures are fluid in both directions—up and down,
from lower class to upper class and from upper class to lower.

10. In a just society, there must be a political and legal framework that protects and enhances
the rights of the people. Laws must not be based on partisan or tribal politics, or they will
become temporary, but rooted in moral, social, and economic doctrines that provide
opportunities and mobility for all people and groups in society.

11. In a just society, individual rights supersede group rights, corporate rights and property
rights. Lawyers and judges have elevated status. The ordinary person can find legal
protection as well as redress in the courts. The police must follow and obey the laws.

12. For social justice to flourish, the government must be prepared to intervene. A free-
market system, without government restraints, leads to greater inequality whereby talented
people make large sums of money and average and less than average workers (the common
people or silent majority) are paid at best a living wage.

13. A society characterized by a wide income/wealth gap rewards special talent and
entrepreneurship. A society characterized by a narrow gap pays descent wages to ordinary
people and rewards the working and middle class.

14. Those who believe that a social contract exists between government and its people reject
large gaps in income and wealth; such differences reflect the excesses of capitalism. Those
who believe in limited government see large differences in income and wealth as a reflection
of the success of capitalism.
15. Given a social contract, the government not only protects the people, but also provides
revenue for building schools, roads, and bridges; it also provides safety nets and social
programs for its disadvantaged populace, including the poor, sick, disabled, and elderly.

16. An innovative and entrepreneurial society will accept large amounts of inequality; a fair
or just society will reduce these differences.

17. The people who believe that getting ahead is a matter of perspiration, talent, or enterprise
tend to oppose government intervention and redistributive policies, as well as social
programs, safety nets, or entitlements. On the other hand, those who believe that “success” is
related to inherited advantages, socioeconomic advantages, or worse, being a member of a
dominant group (i.e. born white and born in an upper-class family) support redistributive
policies and/or reverse discrimination.

18. Those who believe in the Horacio Alger stories of hard work, self-denial, and honor
contend that those who are “successful” have earned their money and deserve it. Those who
believe that many wealthy people have acquired their money or assets by inheritance or by
exploiting the system believe that ordinary people have little chance for “success.” That said,
social justice has a long road ahead.

19. Those who control capital, property and/or equipment represent the dominant class—and
how wealth is created. Mobility and opportunity must exist to the extent that
the subordinate class, or more precisely the common people who work for a living, can
improve their social-economic status.

20. In a just society, those who have the least benefit from those who have the most via
charity works, philanthropy, and in fair tax code.

21. Although a dominant and subordinate group may exist in all societies, in a just society,
the differences do not lead to institutional racism, class consciousness, or economic warfare.

22. If the assignment of personal responsibility is used to justify inequality of income and
wealth, then there is little chance for social justice. Of course, there could be other reasons
 for the difference in outcomes such as personal characteristics, luck, or making the right
choice at the right time. It is fair if people have more money or assets than others if there is
equal opportunity for all citizens.

23. Power corrupts; power must be held accountable. In a just society, the people have the
ability to peacefully remove their political leaders and elected officials whenever they deem
it necessary.

24.For social justice to be part of the fabric of society, the people must be afforded the right
and legal mechanism to investigate, impeach, convict and/or jail their political leaders for
incompetence, corruption and/or unlawful behavior.

25. Government laws or executive orders that discriminate against specific groups (racial,
ethnic or religious), under the guise of protecting the majority of people or preserving a way
of life, are morally wrong and usually illegal. In democratic societies, such laws and orders
must be challenged and rejected by the people in the courts or legislated bodies of that
country.

26. In a fair and just society, people are paid on the basis of the goods and services they
produce for the common good. In a society that stresses excellence, people are paid on the
basis of supply/demand, the profit they generate or the cost occurred by hiring them. Those
who generate profits are paid the most, sometimes hundreds or thousands of times more than
those who are considered cost factors. Teachers are cost factors. The idea is for school boards
to control the budget and limit salaries.

Other Backward Class is a collective term used by the Government of India to designate castes
that are educationally or socially backward. It is one of three official Indian demographic
categories, along with general castes, scheduled castes, and scheduled tribes (SCs and STs). The
provisions for the backward classes are provided by the Central Government from time to time
for the purpose of making provision for the reservation of appointments or positions in favoaur
of people from backward classes.

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Constitutional Provisions for Other Backward Classes
Article Description

Fundamental Rights

 The state is empowered to make any special provision for the advancement of any socially
and educationally backward classes of citizens or for the scheduled castes or the scheduled
Article
tribes regarding their admission to educational institutions including private educational
15(4)
institutions, whether aided or unaided by the state, except the minority educational
institutions.

 This article, adopted in the 93rd amendment in 2005, empowers the state to establish special
Article
arrangements for backward classes, SCs, or STs for admission to private educational
15(5)
institutions, whether aided or unaided.

Article This provision empowers the state to reserve openings in the public sector for any backward classes
16(4) of the state that are underrepresented in the public sector.

Article
 This empowers the state to adopt reservations for SCs and STs in matters of promotion.
16(4A)

Article  This permits the state to treat unfilled posts reserved for backward classes as a separate class
16(4B) of vacancies that are not subject to a 50% reservation restriction.

 The article abolishes ‘untouchability’ and forbids its practice in any form.
Article
 The enforcement of any disability arising out of untouchability shall be an offence
17
punishable in accordance with law.

Article  Free and compulsory education for all children of the age of 6 to14 years.
21 A  Article 21A was added by the Constitution (Eighty-sixth Amendment) Act of 2002.

Article  Prohibition of employment of children in factories, etc.

24  Child labour is regulated and prohibited in India under this Article.
Directive Principles of State Policy

Article Description

 This article compels the state to 'promote with great care the educational and economic
Article
interests of the weaker parts of the population, particularly the Scheduled Castes and
46
Scheduled Tribes, and to safeguard them from social injustice and all types of exploitation.

Other provisions

Article Description

 The National Commission for Backward Classes (NCBC) is established by Article 338-B.
 The 102nd Amendment Act of 2018 conferred a constitutional status on the Commission.
Article
 The scope of the Commission's activities is likewise expanded under the new system. This
338-B
was done to more effectively protect the interests of the socially and educationally
disadvantaged classes4.

 This article empowers the President to form a committee to evaluate the conditions of the
Article
backward classes, the problems they encounter, and to provide suggestions on how to
340
improve their situation. This was the article that established the Mandal Commission.

Other Backward Class in India

 The backward classes are not specified in the Indian Constitution, but they relate to
those who are economically and academically disadvantaged in comparison to other
social groupings.
 Backward classes endure a wide range of limits, dishonour, and disadvantages in society,
such as social and economic concerns, poverty, illiteracy, low social standing, and so
on, which they are compelled to inherit as a result of being born into inferior tribes or
castes.
  However, owing to their inferior social status, other sections of society do not
acknowledge them, and the Indian Constitution does not specify or define the backward
classes.
 The Mandal Commission study of 1980 estimated that OBCs made up 52% of the
country's population, and the National Sample Survey Organization reported that they
made up 41% in 2006.
 The National Commission for Backward Classes was a government agency that
investigated complaints and welfare measures for those who were socially and
educationally disadvantaged.
 The President established the Welfare Department for the backward Classes.
 It is for the benefit of the underprivileged classes, who were given the opportunity to
analyse their educational and social difficulties by selecting a commission.

Conclusion
The Government of India uses the phrase "Other Backward Class" to designate castes that are
educationally or socially backward. It is one of three official Indian demographic categories,
along with general castes, scheduled castes, and scheduled tribes (SCs and STs). The Ministry of
Social Justice and Empowerment maintains a dynamic list of OBCs, with castes and groups
added and deleted based on social, educational, and economic reasons.

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Trends of changes caste system

Change is the law of nature. Everything changes. For change various factors are responsible. As
a result, a number of changes have taken place in caste system.

They are discussed below:

1. Decline in the supremacy of Brahmins:
In the traditional caste system, the Brahmins occupied the highest position. But, due to the
process of secularization and westernization, the supremacy of Brahmins have gradually
declined.
2. Changes in the caste hierarchy:
Traditionally, each caste has a definite stand in the social hierarchical order. Each caste has its
own life style and the higher caste people maintained a better life than the lower caste people. In
course of time the process of Sankritization started. The process of Sanskritization has been the
main method for the low castes to improve their social status by imitating the habits of the higher
castes. So, the caste hierarchy has been changed.

3. Change in the restriction regarding food, drink and social intercourse:

In the past, caste system had impaired certain restrictions on food, drink and social intercourse.
But some of the factors like modern education, transportation and communication have brought a
radical change in this sphere.

4. Change in the restriction regarding occupation:

In caste society choice of occupation was not free. Each caste has its own traditional occupation.
But now-a-days, people follow those occupations, which they consider more suitable and
income-oriented.

5. Change in the restriction regarding marriage:

Under caste system, there were some rules and regulations in the choice of mate selection. Every
caste or sub-caste was an endogamous group. The person who married outside his own caste or
sub-caste was severely punished. But now-a-days, the spread of modern education and
westernization has declined all these restrictions on marriage. The Special Marriage Act and the
Hindu Marriage Act, which declared inter-caste marriages as legally valid, have removed all
these restriction on marriage in caste system. Some State Governments give incentives to inter-
casted marriages.

6. Change in caste structure:

In the traditional caste system, caste as a .symbol of social status, was fixed by virtue of birth.
But, under the changing situation birth is no longer regarded as the symbol of social prestige.
Today wealth and achievement replaced birth as the symbol of social status.

Backward Classes:
Two-thirds of the total population in India are socially, economically and educationally
backward. Traditionally, they belong to low status group or the lower castes. They are otherwise
called as the weaker sections of the society. These sections of people are referred to as the
backward classes in our Constitutions. They are not classes in actual sense of the term ‘Class’,
because the class is an economic term which is purely based on wealth. Class is an open group,
but ‘caste’ and ‘tribe’ both are closed group.

The Constitution mentions certain characteristics by which these backward classes are to be
identified. Such characteristics are illiteracy and lack of education, poverty, exploitation of
labour, non-representation in services and untouchability. The Constitution also empowers the
State to investigate the conditions of these backward classes and make special provisions for
their improvement.

The backward classes are divided into the following categories:

(a) The Scheduled Castes,

(b) The Scheduled Tribes,

(c) The other Backward Classes.

Scheduled Castes:
The expression of ‘Scheduled caste’ for the first time was coined by the Simon Commission in
1928. Formerly it was known as the ‘Panchma’, the ‘Antyaja’, the ‘Avarna’, the ‘Chandala’ the
depressed caste etc. Gandhiji’s called them as ‘Harijans’ meaning the people of God.

The scheduled castes are widely spread all over India. They constitute about 16 per cent of the
total population of India. The Govt. of India listed 429 untouchable castes in a Schedule of the
Government of India Act 1935, with the purpose to provide financial assistance.

Article 341 (1) of the Constitution empowers the President, in consultation with the head of the
particular state, to notify by an order, “the caste, races or tribes or parts of one groups within
castes, races or tribes which shall for all the purposes of the Constitution be deemed to be
scheduled castes in relation to that state”.
Article 341 (2) of the Constitution empowers the Parliament to pass a law to include in or
exclude from the list so notified by the President “any race, caste, tribe or part of one group
within any caste, race or tribe.”

The scheduled castes are the lowest caste of the Hindu society. D.N. Mazumdar says,
“Untouchable castes are those who suffer from various social and political disabilities many of
which are traditionally prescribed and socially enforced by higher castes.”

Nothing can be said about the origin of these castes. According to Hindu tradition, the
untouchable castes are formed as a result of the prohibited ‘Pratiloma’ marriages. Riseley and
Mazumdar say that the origin of untouchability lies in ‘racial and cultural differences’. Nesfield
holds the view that the association with dirty and unclean occupations is the cause for the growth
of feeling of untouchability.

These castes suffered from many disabilities such as social, economic and religious. For
example, they were not allowed to enter into Hindu temples, their children could not attend the
school, they were not allowed to draw water from the public wells etc.

The Constitution of India makes some special provisions for the promotion and upliftment of
these castes. The Government of India has passed the ‘Untouchability Offence Act’, 1955, which
has abolished all the disabilities suffered by these castes. Again the Parliament of India has
passed the Protection of Civil Rights Act, 1976, which contains more severe punishment for the
practice of untouchability.

As regards the social safeguards provided to the scheduled castes, Article 17 of the Constitution
abolishes untouchability and forbids its practice in any form. Article 24 prohibits child labour.

Article 15 removes any disability, restriction on condition regarding their access to shops, public
restaurants, hotels and places of public entertainment, the use of wells, tanks, bathing Ghats,
roads and places of public resort maintained out of state funds.

Article 15 (4) makes special provision for the educational advancement in the form of
reservation of seats in educational institutions. Articles 330, 332 and 334 provide for special
representation for scheduled caste candidates in Loka Sabha and Vidhan Sabha. Article 16
provides for reservations in services for scheduled caste people.

Scheduled Tribes:
A tribe is an anthropological concept. In anthropology the tribes have been explained in various
ways such as ‘Primitive tribes’, ‘Backward tribes’, ‘Hill tribes’, ‘Forest tribes’, etc. Locally,
tribes are popularly called as ‘Girijans’, ‘Janajati’, ‘Adimajati’ and ‘Adivasi’. The term
‘Scheduled Tribes’ is being used in favour of tribes in our Constitution.

India has a large tribal population. Tribal population constitutes 8 per cent of the total
population. According to 1991 census, their population in India was about 52.03 million. The
Scheduled Tribe List Modification Order of 1956 states that there are 414 tribes in India, they are
spread all over India, but half of the total tribal population on are concentrated in Madhya
Pradesh, Bihar and Orissa. ‘Tribe’ s defined as a social group whose members are living in a
particular geographical area, speaking a common language, claiming a common descent,
backward in technology, preliterate and observing social and political customs based on kinship.

The tribes of India are at different levels of socio-economic development. Some of the tribes like
the Kadar, the Birhor, the Onge, the Kattun akan remain backward and maintain their livelihood
through for-gathering and hunting. Some other tribes maintain their livelihood through basket
making, weaving, poultry etc.

The Indian Constitution has made a number of special provisions for the protection and welfare
the tribal people. A number of tribal research and training institutes are established in different
States of the country for the study of their culture and problems. Article 46 provides for the
promotion of Education and Economic interests of Scheduled Tribes.

This also includes reservation of seats in different schools and colleges. Article 330 and 332
make provision for reservation of seats for scheduled tribes in Loka Sabha and Vidhan Sabhas.
Article 339 empowers the Union to exercise control over administration of scheduled areas and
welfare of the scheduled tribes. In accordance with the constitutional provisions at the Central
level a Commissioner attached to the home ministry, looks after the welfare c the Scheduled
Tribes.
Other Backward Classes:
During the British period, schools and colleges were established in India to impart secular
courses through English medium. The higher castes and classes especially the Brahmins, with
prevailing tradition of education utilized the opportunity to educate themselves. The lower castes
and classes, which did not have such tradition, lagged behind in getting themselves educated.

As a result, the members of the higher castes and classes could get into government services and
enhanced their prestige. This created the cultural, social and economic distance between the
higher and lower sections. The lower castes and classes realized themselves about their position.
As a result, they developed keen interest in modern education in order to qualify for the
government jobs and thereby enhance their social positions.

So the backward class movement was started in the early part of the 20th century. The aim of
this movement was to limit the Brahmins monopoly in the field of education and appointment in
government jobs. The opposition did not however come from the oppressed lowest castes. It
came from high and powerful rural dominant castes such as the Reddis, the Kammas, the
Vellalas and the Nayars, etc.

These castes were high and powerful next to Brahmins in the caste hierarchy. Muslim, Christian
and other communities also joined them. Therefore, due to this reason, the movement was known
as Backward caste movement rather than Backward caste movement.

During the 50’s a controversy took place, in determining the unit and the criteria of backward
classes. Under Article 340 of the Constitution, the Backward Class Commission was appointed
in 1953 by the Government of India. The Commission recommended that certain sections of the
Muslims, Christians, Sikhs are also included in the list of backward classes. The Commission
suggested four basic criteria of backwardness.

They are:
(a) Low social position in the traditional caste hierarchy,

(b) Lack of education among the major section of the caste on community,
(c) Inadequate or no representation in the government services,

(d) Inadequate representation in the field of trade, commerce and industry.

On the basis of these criteria the Commission prepared a list of 2400 castes. For these castes
special concession is to be given in education and government services. The Commission holds
the view that a number of causes are responsible for the backwardness of these castes and
communities such as, social, environmental, economic, etc. The Commission also suggests a
number of measures to be taken for the promotion and upliftment of these backward classes.

The Commission recommends 70% of seats in professional colleges which should be reserved
for them and scholarship will be given to the students of these sections. The Commission also
recommends that 25% of the class 1 vacancies, one third of the class II vacancies, and 40% of
the class III and class IV vacancies should be reserved for these classes in govt. and local body
services.