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definition evolved for the purpose at that time and reports of several
commissions and committees since independence, the criterion generally
followed for the specification of communities as Scheduled Castes has been
“extreme social, educational and economic backwardness arising out of the
traditional practice of untouchability”.
94.
“Race” has thus never been a factor in the process of identification and
determination of the communities which constitute Scheduled Castes. Persons
who belong to the Scheduled Caste communities are today considered different
from others because of their social, economic and educational backwardness,
not because they belong to a separate “race”.
95.
The Indian Government also indicates that constitutional, legislative
and institutional measures have been taken to prohibit discrimination based on
membership in a caste with regard to access to public places and provision of
goods and services and to abolish untouchability (Constitution, arts. 15
and 17). The Constitution also guarantees equality before the law (art. 14)
and equal opportunity of access to public employment, although the State is
permitted to (a) make reservations concerning appointments or posts in favour
of any backward class of citizens and (b) institute reservations in matters of
promotion for Scheduled Castes and Tribes (art. 16).
96.
A National Commission on Scheduled Castes and Scheduled Tribes was also
established, one of its goals being: (a) to investigate and monitor all
matters relating to the safeguards provided for the Scheduled Castes and
Scheduled Tribes under the Constitution or under any other law; (b) to inquire
into specific complaints with respect to the deprivation of rights and
safeguards of the Scheduled Castes and Scheduled Tribes; (c) to participate in
and advise on the planning process of socio-economic development of the
Scheduled Castes and Scheduled Tribes and to evaluate the progress of their
development under the Union and any state.
97.
According to the 1991 census, 138.2 million persons belonged to the
Scheduled Castes (16.48 per cent of the estimated population of 846.3 million
at the time) and 67.8 million to the Scheduled Tribes (0.08 per cent of the
population).
98.
The organizations representing the untouchables or Dalits recognize the
progress achieved on their behalf since India's independence, but point out
that the group's situation continues to be difficult. According to these
organizations, while the average literacy rates in India (for men and women,
respectively) were 63.8 per cent and 39.42 per cent in 1992, among Dalits the
averages were only 29.7 per cent and 18.05 per cent). 4 There are currently
about 115 million Dalit child labourers, 20 million of whom work under
dangerous conditions. Additionally, in 1996 more than 1,200 Dalit children
died from malnutrition in Maharashtra state. 5 According to several sources,
the Dalits are most often the victims of forced relocation, arbitrary
detention and summary execution in India. The Dalit Liberation Education
Trust asserts that, “every hour two Dalits are assaulted, every day three
Dalit women are raped, two Dalits are murdered, two Dalit houses are burnt in
India”. 6