Executive Summary:
This document is the response to Lok Sabha Unstarred Question No. 1596 regarding caste-based discrimination and marginalization of Scheduled Castes (SCs) and Other Backward Classes (OBCs) in local governance. It outlines the legal and institutional mechanisms in place to address structural inequities, including land rights, resource access, and caste-based discrimination. The document also provides data on fund utilization under the Development Action Plan for Scheduled Castes (DAPSC) from 2019-2024.
Key Points / Main Content:
Legal and Institutional Mechanisms:
* The Constitution of India, along with various laws and rules, provides mechanisms to address land rights, resource access, and caste-based discrimination.
* The Protection of Civil Rights (PCR) Act, 1955, prescribes punishment for enforcing disabilities arising from 'untouchability'.
* The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (PoA) Act, 1989, prevents atrocities against SCs and STs.
* The Constitution provides for reservation of seats for marginalized communities in elected decision-making bodies at various levels (Panchayat, Municipal, State, and Central).
* Reservation policies are in place for marginalized communities in educational institutions and government jobs.
Oversight and Monitoring:
* The National Commission for Scheduled Castes and the National Commission for Backward Classes safeguard and promote the welfare of SCs and Backward Classes, respectively.
* Parliamentary Standing Committees monitor government policies, programs, and implementation of safeguards.
* Departmental Committees within ministries and departments monitor and implement welfare measures and safeguards.
Development Action Plan for Scheduled Castes (DAPSC):
* DAPSC aims to promote the overall development of poor SC families by directing targeted funds towards income-generating, welfare, and developmental schemes.
* The goal of DAPSC is to bridge socioeconomic disparities between SCs and others and foster inclusive and equitable growth.
* Fund utilization under DAPSC from 2019-2024 is detailed, with utilization rates ranging from 75.91% to 92.05%.
Impact Analysis:
Marginalized Communities (SCs and OBCs):
* Impact: The policies and mechanisms aim to protect their rights, provide access to resources, and ensure representation in decision-making bodies. DAPSC seeks to improve their socioeconomic status.
* Action Required: Be aware of their rights and entitlements under the various laws, policies, and programs; engage in decision making bodies and avail themselves of available schemes and opportunities.
State Governments:
* Impact: Land is a state subject, requiring states to implement and enforce Land Revenue Codes and rules to protect the land rights of marginalized communities.
* Action Required: Enforce existing Land Revenue Codes, implement necessary measures to protect land rights of marginalized communities and comply with constitutional mandates regarding reservations and welfare programs.
Government (Ministries and Departments):
* Impact: Responsible for implementing and monitoring policies, programs, and safeguards for marginalized communities, including fund allocation and utilization under DAPSC.
* Action Required: Ensure effective implementation of the PCR Act, PoA Act, reservation policies, and DAPSC; monitor fund utilization and outcomes; address adverse impacts and prevent failures.
Key Entities Referenced
Scheduled Castes: A group of historically marginalized communities in India recognized by the Constitution.
Scheduled Tribes: A group of historically marginalized communities in India recognized by the Constitution.
Other Backward Classes: A group of communities in India that are socially and educationally disadvantaged.
Constitution of India: The supreme law of India, which provides the framework for governance and protection of rights.
The Protection of Civil Rights PCR Act, 1955: A central Act of India prescribing punishment for enforcement of any disability arising from the practice of 'untouchability'.
The Scheduled Castes and the Scheduled Tribes Prevention of Atrocities PoA Act, 1989: A central Act of India to prevent the commission of offences of atrocities against members of Scheduled Castes and Scheduled Tribes.
National Commission for Scheduled Castes: An Indian constitutional body established to safeguard the interests of the Scheduled Castes.
National Commission for Backward Classes: An Indian constitutional body established to safeguard the interests of the Backward Classes.
GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
LOK SABHA
UNSTARRED QUESTTON NO.1596
TO BE ANSWERED ON 29.07.2025
CASTE.BASED DISCRIMINATION
1596. ADV. CHANDRA SHEKHAR:
Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:
(a) whether in light of documented marginalization of SCiOBC communities in local
Governance, the manner in which the Ministry ensure devolved powers actively address their
structural inequities including land rights, resource access and caste-based discrimination;
(b) the details of the disaggregated data (2019-2024) on fund utilization, representation in
decision making bodies and outcomes for these communities; and
(c) the corrective measures taken where adverse impacts (e.g., elite capture or exclusion) are
identified and timelines for systemic safeguards to prevent such failures?
ANSWER
MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SHRI RAMDAS ATHAWALE)
(a) to (c) : In addition to the provisions in Constitution of India, various laws and rules provide
legal and institutional mechanisms to address land rights, resource access and caste-based
discrimination of marginalized communities. Whereas Land is a state subject, several states have
state specific Land Revenue Codes and rules which provide for the protection of land rights of
the margin alized communities.
Two central Acts have been enacted namely, The Protection of Civil Rights {PCR} Act,
1955, which prescribes punishment for enforcement of any disability arising from practice of
'untouchability' and The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
{PoA} Act, 1989 to prevent the commission of offences of atrocities against members of
Scheduled Castes (SCs) and Scheduled Tribes (STs).
Provisions of the Constitution provides for reservation of seats for the marginalized
communities in the elected decision-making bodies at Panchayat, Municipal, State and Central
level. The Government has also put in place a policy for reservation of seats for the marginalized
communities in educational institutes and for Government jobs.The National Commission for Scheduled Castes, National Commission for Backward
Classes have been setup to safeguard and promote the welfare of Scheduled Castes (SCs) and
Backward Classes respectively. Parliamentary Standing Committees are constituted to monitor
government policies, programs, and implementation of these safeguards. Apart from
Parliamentary Committees, there are Departmental Committees (within ministries and
departments) that are specifically tasked with monitoring and implementing welfare measures
and safeguards for these communities.
The Development Action Plan for Scheduled Castes (DAPSC) aims to promote the overall
development of poor SC families by directing targeted funds towards income-generating,
welfare, and developmental schemes. It's goal is to bridge socio-economic disparities between
SCs and others and foster inclusive and equitable growth. The fund utilization under DAPSC
from 2019-2024 is as under:
Rs. ln crores
Year DAPSC (erstwhile AWSC/SCSP) of Utilisation Unutilised o/oage of
all Ministries/Department amount Utilisation
B.E. R.E.
2019-20 81,340.74 72,936.29 6l,894.10 11042.r9 84.86
2020-21 83,256.62 82,707.51 62,785.16 19922.35 75.91
202r-22 1,26,259.20 1,39,956.42 1,23,009.63 r6946.79 87.89
2022-23 1,42,342.36 1,52,604.29 1,38,639.29 1396s.01 90.8s
2023-24 1,59,126.22 1,46,861 .09 1,35,1 78.59 n682.49 92.05
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