Savitribai Jyotirao Phule (3 January 1831 – 10 March 1897) was an Indian social reformer, educationalist, and poet from Maharashtra. Along with her husband, in Maharashtra, she played an important and vital role in improving women’s rights in India.
She is considered to be the pioneer of India’s feminist movement. Savitribai and her husband founded one of the first modern Indian girls’ school in Pune, at Bhide wada in 1848. She worked to abolish the discrimination and unfair treatment of people based on caste and gender.
Jyotirao Govindrao Phule, also known as Mahatma Jyotiba Phule (11 April 1827 – 28 November 1890) was an Indian social activist, thinker, anti-caste social reformer and writer from Maharashtra. His work extended to many fields, including eradication of untouchability and the caste system and for his efforts in educating women and oppressed caste people.
He and his wife, Savitribai Phule, were pioneers of women’s education in India. Phule started his first school for girls in 1848 in Pune at Tatyasaheb Bhide’s residence or Bhidewada. He, along with his followers, formed the Satyashodhak Samaj (Society of Truth Seekers) to attain equal rights for people from lower castes. People from all religions and castes could become a part of this association which worked for the upliftment of the oppressed classes. Phule is regarded as an important figure in the social reform movement in Maharashtra. He was bestowed with honorific Mahātmā (Sanskrit: “great-souled”, “venerable”) title by Maharashtrian social activist Vithalrao Krishnaji Vandekar in 1888.
Ravidas or Raidas, was an Indian mystic poet-saint of the bhakti movement during the 15th to 16th century CE. Venerated as a guru (teacher) in the modern regions of Uttar Pradesh, Rajasthan, Gujarat, Maharashtra, Madhya Pradesh, Punjab and Haryana, he was a poet, social reformer and spiritual figure.
The life details of Ravidas are uncertain and contested. Scholars believe he was born in 1450 CE. But something Scholars believe he was born in 1377 CE and dead in 1528 CE. He taught removal of social divisions of caste and gender, and promoted unity in the pursuit of personal spiritual freedom.
Ravidas’s devotional verses were included in the Sikh scriptures known as Guru Granth Sahib. The Panch Vani text of the Dadu Panthi tradition within Hinduism also includes numerous poems of Ravidas. He is also the central figure within the Ravidassia religious movement.
The National Commission for Scheduled Castes is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes and Anglo Indian communities to promote and protect their social, educational and cultural interests, special provisions were made in the Constitution, Article 338 of the India constitution deals with National Commission for Scheduled Castes. The functions of various wings of NCSC are:
Atrocities and Preotection of Civil Rights Wing (APCR)
Matter pertaining to atrocities caused on SCs. Cases relating to protection of Civil Rights Act, the Bonded Labour Act, the Minimum Wages Act etc.
Service Safeguards Wing (SSW)
To deal with individual representations on service safeguards. To review and monitor the implementation of reservation policy.
Economic & Social Development Wing (ESOW)
Development of SCs particularly implementation/monitoring of Plan Scheme of the Central / State Govt. To inquire into Specific Complaints with respect to the deprivation of rights of SCs in respect of land, education, allotment of Petrol Pump, Financial Assistance/Loan etc.
The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004. Detailed background information about the historical evolution of the National Commission has been given in Chapter-1 of the first Report of the Commission for the year 2004-05 and 2005-06.
The term of office of Chairperson, Vice-Chairperson and each member is three years from the date of assumption of charge. The Chairperson has been given the rank of Union Cabinet Minister, and the Vice-Chairperson that of a Minister of State and other Members have the ranks of a Secretary to the Government of India.
Functions of the Commission
(Under Clause (5)of Art. 338A)
1. To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards.
2. To inquire into specific complaints relating to Rights & Safeguards of STs;
3. To participate and Advise in the Planning Process relating to Socio-economic development of STs, and to Evaluate the progress of their development under the Union and any State;
4. To submit report to the President annually and at such other times as the Commission may deem fit, upon/ working of Safeguards, Measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs;
5. To discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by Parliament, by rule specify;
6. The Commission would also discharge the following other functions in relation to the protection, welfare and development & advancement of the Scheduled Tribes, namely:-
(6) (i) Measures that need to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas.
(6) (ii) Measures to be taken to safeguard rights to the Tribal Communities over mineral resources, water resources etc. as per law.
(6) (iii) Measures to be taken for the development of tribals and to work for move viable livelihood strategies.
(6) (iv) Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.
(6) (v) Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.
(6) (vi) Measures to be taken to elicit maximum cooperation and involvement of Tribal Communities for protecting forests and undertaking social afforestation.
(6) (vii) Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).
(6) (viii) Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by Tribals that lead to their continuous disempowerment and degradation of land and the environment.
(6) (ix) Copy of Ministry of Tribal Affairs notification dated 23.08.2005 regarding the extended terms of reference of NCST
(6) (x) NCST letter dated 21/10/2008 to MTA furnishing detailed proposal for strengthening of NCST
(6) (xi) D.O. Letter dated 13/01/2011 from Chairperson NCST to the Minister for Tribal Affairs
(6) (xii) UO dated 24/05/2010 from PMO to Ministry of Tribal Affairs regarding action to be taken on important pending issues
(6) (xiii) D.O letter dated 05/03/2010 from VC, NCST to Minister to Minister for Tribal Affairs for resolving critical issues involved in efficient performance of NCST
Powers of the Commission
(Under Clause (8) of Art. 338A)
1. For Investigation and Inquiry, the Commission is vested with powers of a civil court having authority to:
(1) a. Summon and enforce attendance of any person and examine on oath;
(1) b. Discovery & production of any documents;
(1) c. Receive evidence on affidavits;
(1) d. Requisition any public record or copy thereof from any court or office;
(1) e. Issue Commissions for examination of witnesses and documents; and
(1) f. Any matter which President, by rule, may determine.
2. Copy of order dated 05.02.1996 of Ministry of Welfare regarding grant of power of Dept. of Central Govt to NCSC & NCSTs
3. Department of Personnel & Training O.M. No. 36036/2/97-Estt (Res) dated 01/01/1998
4. D.O. letter dated 05/03/2010 from VC, NCST to Minister for Tribal Affairs for resolving critical issues involved in efficient performance of the NCST
Articles 17, 23,24 and 25 (2) (b) of the Constitution enjoins the State to provide social safeguards to Scheduled Castes. Article 17 relates to abolition of untouchability being practiced in society. The Parliament enacted the Protection of Civil Rights Act, 1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to tackle the problem of untouchability, which is being practiced against Scheduled Castes.
Article 23 prohibits traffic in human beings and ‘begar’ and other similar forms of forced labour and provides that any contravention of this provision shall be an offence punishable in accordance with law. Although there is no specific mentions about the Scs in this Article but majority of the bonded labour come from SCs. Thus, this Article has a special significance for them. The Parliament enacted Bonded Labour System (Abolition) Act, 1976 for identification, liberation and rehabilitation of bonded labourers.
Article 24 provides that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Even in this Article, there is no specific mention about the SCs but substantial portion of child labour engaged in hazardous employment belong to SCs.
Article 25 (2) (b) provides that Hindu religious institutions of a public character shall be opened to all classes and sections of Hindus. The term Hindu includes persons professing Sikh, Jain and Buddhist religion.
Economic Safeguards
Article 23, 24 and 46 form part of the economic safeguards for the Scheduled Castes and Scheduled Tribes. The provisions of Articles 23 and 24 have already been discussed in earlier paragraphs.
Article 46 provides, “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them fromsocial injustice and all forms of exploitation.
Educational and Cultural Safeguards
Article 15 (4) empowers the State to make special provisions for the advancement of any socially and educationally backward classes of citizens and for SCs. This provisions has enabled the State to reserve seats for SCs in educational institutions in general and professional courses etc.
Political Safeguards
Reservation of seats for SCs/STs in the local bodies of the States/UTs, Legislative Assemblies of the State and in Parliament are provided in the Constitution of India in Atciles 243D, 243T, 330, 332 and 334.
Service Safeguards
Service Safeguards are contained in Articles 16 (4), 16 (4A) and 335.
(1) The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State
(3) Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule
(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister
(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule The Advocate General for the State
371F. Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,
(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
(b) as from the date of commencement of the Constitution (Thirty sixth Amendment) Act, 1975 , (hereafter in this article referred to as the appointed day)
(b) (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
(b) (ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
(b) (iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;
(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years in clause ( 1 ) of Article 172 shall be construed as references to a period of four years and the said period of four years shall be deemed to commence from the appointed day;
(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;
(e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;
(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;
(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;
(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;
(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;
(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;
(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority;
(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;
(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of Article 143;
(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;
(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the president may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day;
(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty sixth Amendment) Act, 1975 , be deemed for all purposes to have been validly done or taken under this Constitution as so amended
371C. Special provision with respect to the State of Manipur
(1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee
(2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas Explanation In this article, the expression Hill Areas means such areas as the President may, by order, declare to be Hill Areas
371B. Special provision with respect to the State of Assam Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee
