Showing posts with label Scheduled Castes. Show all posts
Showing posts with label Scheduled Castes. Show all posts

Thursday, April 05, 2018

Need to avoid the nomenclature “Dalit” for the members belonging to Scheduled Castes


Need to avoid the nomenclature “Dalit” for the members belonging to Scheduled Castes – Govt of India Order
No.12017/02/2018-SCD(R.L.Cell) 
Government of India 
Ministry of Social Justice and Empowerment 
Department of Social Justice and Empowerment
Shastri Bhawan, New Delhi 
New Delhi, dated: 15.03.2018
To, The Chief Secretaries to all the State Governments/Union Territory Administrations.
Subject: Need to avoid the nomenclature “Dalit” for the members belonging to Scheduled Castes.
Sir, I am directed to refer to the Ministry of Home Affairs (MHA) letter No. BC 12025/44/80-SC&BCD.I/IV, dated 10.02.1982, addressed to all the State Governments/Union Territory Administrations in which a request was made to issue instructions to the authorities empowered to issue the Scheduled Castes certificates, not to insert the word ‘Harijin’ in the Scheduled Caste certificates, but to mention only the caste to which the person belongs and which has been recognised as Scheduled Caste under the Presidential Orders. Subsequently, the Ministry of Welfare (now Social Justice and Empowerment), vide, letter No. 12025/14/90-SCD (R.L.Cell), dated 16.08.1990, again requested the State Governments/ UT Administrations that for all official transactions, matters, dealings, certificates etc., the Constitutional term,’ Scheduled Caste’ in English and its appropriate translation in other national languages should alone be used for denoting the persons belonging to the Scheduled Castes. Thereafter, in compliance with recommendation of the Department Related Parliamentary Standing Committee the aforesaid instructions were again reiterated vide this Ministry’s letter No.17020/64/2010-SCD (R.L.Cell) dated 22.11.2012.
2. The Hon’ble High Court of Madhya Pradesh, Gwalior Bench in its order dated 15.01.2018 passed in W.P. No.20420 of 2017 (PIL)-Dr.Mohanlal Mahor Vs.Union of India & Ors. has directed as under:-
“…..that the Central Government/ State Government and its functionaries would refrain from using the nomenclature ‘Dalit’ for the members belonging to Scheduled Castes and Scheduled Tribes as the same does not find mentioned in the Constitution of India or any statute.”
3. All the State Governments/U.T. Administrations are requested that for all official transactions, matters, dealings, certificates etc., the Constitutional term, ‘Scheduled Caste’ in English, and its appropriate translation in other national languages should alone be used for denoting the persons belonging to the Scheduled Castes notified in the Presidential Orders issued under Article 341 of the Constitution of India.
Yours faithfully, sd/- (Arvind Kumar) Director (SCD)

Authority: http://www.icar.org.in
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Saturday, March 17, 2018

Enhancement of Reservation for SCs and STs – RS Q&A


Enhancement of Reservation for SCs and STs – RS Q&A

ENHANCEMENT OF RESERVATIONS FOR SCs AND STs

No proposal for enhancement of reservation for Scheduled Castes in proportion to their population has been received in this Ministry. The Ministry of Tribal Affairs has informed that they received “The Telangana Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the services under the State) Bill, 2017” through Ministry of Home Affairs for enhancement of reservations for Scheduled Tribes from existing 4% to 10% in the State for comments/views. The Ministry of Tribal Affairs has supported the proposal contained in the Bill.

As per the 9 judge Constitutional Bench judgement of Hon’ble Supreme Court in India Sawhney case, total reservation connot exceed the limit of 50% . Clause (4) of Article 16 of the Constitution of India, which empowers the State to provide reservation for Scheduled Castes, Scheduled Tribes & Other Backward Classes speaks of adequate representation and not proportionate representation. 

This information was given by the Minister of State for Social Justice and Empowerment Shri Vijay Sampla in a written reply to a question in Rajya Sabha on 15.3.2018.
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