Parliament Question: Protection of Scheduled Castes

GOVERNMENT OF INDIA MINISTRYOF PANCHAYATIRAJ LOK SABHA UNSTARREDQUESTION NO– 1595 ANSWEREDON- 29.07.2025 PROTECTION OFSCHEDULED CASTES

1595.DR. D RAVIKUMAR:

Will the Minister of PANCHAYATIRAJ be pleased to state:

(a) whether the Government is aware of the recommendations of the L. Elayaperumal Committee (1969), which noted that Panchayati Raj Institutions in most States did not adequately safeguard the interests of Scheduled Castes (SC) and specifically failed to addresuntouchability, if so, the detailsthereof;

(b) whether the Government acknowledges that only Andhra Pradesh, at that time, had a statutory provision mandating Panchayati Raj bodies to take steps to eliminate untouchability;

(c)whether such a clause ispresent in anyotherStatetoday, if so, the detailsthereof;

(d) if not, the reasons for the absence of a binding provision in the Panchayati Raj Act to ensure the removalof untouchability andprotectionof ScheduledCastes; and

(e)whether the Government proposes toamend the PanchayatiRaj Act toinclude specific obligations on Panchayati Raj bodies to combat untouchability and if so, the details thereof? ANSWER THE MINISTER OF STATE FORPANCHAYATIRAJ (PROF.S.P.SINGH BAGHEL)

(a) The existing Constitutional status of "Panchayats" came into force in 1993 through 73rd Constitutional Amendment Act, 1992. The 73rd Constitutional Amendment Act, through Article 243D, provides for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in every Panchayat in proportion to their population in the Panchayat area, and also mandates the reservation of the offices of Chairpersons in Panchayats at each level for SCsandSTs,insuch mannerastheStateLegislature may,bylaw,determine.

Article 17 of the Constitution of India abolishes untouchability and forbids its practice in any form, making the enforcement of any disability arising out of untouchability a punishable offence. Further, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, strengthens the provisions related to the protection of the rights anddignity of SCs and STs.

The Ministry of Panchayati Raj has been created in the year 2004 and work relating to 1Panchayats,PanchayatiRajInstitutions andDistrict PlanningCommitteeshavebeenallocated to this Ministry whereasthe recommendations of the L. Elayaperumal Committee were made inthe year1969.

(b) to (e) “Panchayat”, being “Local Government”, is a State subject and part of State List of SeventhSchedule of the Constitution of India. Article 243G of the Constitution provides that the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government.

Such laws may include provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level with respect to the implementation of schemes for economic development and social justice, including those relating to the matters listed in the Eleventh Schedule. Item at serial number 27 of the Eleventh Schedule refers to the "Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes." Accordingly, the respective States and Union Territories have enacted their State Panchayati Raj Acts to operationalize the provisions of the 73rd Constitutional Amendment. However, this office does not maintain specific details regarding provisions related to untouchability as enactedunderthe respectiveStatePanchayatiRajActs, includingthat ofAndhra Pradesh.

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