INTRODUCTION
In India, we have a society based on the principle of graded inequality, which means elevation for some and degradation for others. On the economic plane, we have a society where some have immense wealth, unlike many who live in poverty. On 26th January 26th January, 1950, we will enter into a life of contradictions. In politics, we will have equality, and in social and economic life, we will have inequality. In politics, we will recognize the principle of one man, one vote, and one vote, one value. In our social and economic life, we shall continue to deny the principle of one man,, one value, because our social and economic structure. How long shall we continue to live this life of contradictions? How long shall we deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment, or else those who suffer from inequality will blow up the structure of political democracy that this Assembly has so laboriously built up. “These are the words of warning, which Dr. B.R. Ambedkar, the Chief Architect of the Indian Constitution, gave in his speech on 25th November,, 25th November 1949, while replying to the debate on the Constitution's final draft. This was the day before 26th November 26th November 1949. On that day, the Constituent Assembly adopted, enacted, and gave to our country the most cherished document for every Indian, “the Constitution of India”. He warned that we should not be content with mere political democracy but make our political democracy a social democracy as well. He emphasized that a social democracy would mean a way of life that recognizes liberty, equality, and fraternity as the principles of life. According to him, liberty, equality, and fraternity were not individually but as a trinity of the three, necessary to convert are our political democracy into social democracy. He pointed out the contradictions in the country about the social and economic structure. He warned that if we continue to deny equality in social and economic life for long, we will do so only by putting our political democracy in peril. He, appealed to the nation to remove this contradiction as soon as possible. He warned that if we do not do so, those who suffer from inequality will blow up the structure of political democracy which the Constituent Assembly had so laboriously built up. We are now in the 75th year of our Republic.
HISTORY OF WEAKER SECTION
DURING PRE-CONSTITUTIONAL ERA
In 1916, the definition of the depressed classes was raised in the Indian Legislative Council. It was suggested during the discussion that the expression should include criminal and wandering tribes, aboriginal tribes and untouchables.
In 1919, the Southborough Franchise Committee adopted the test of untouchability to define the depressed class. The Indian Franchise Committee 1932, inter alia, was appointed to ascertain if a separate electorate must be provided to the depressed classes. The Committee also had to arrive at a definition of “depressed classes”. The Committee interpreted the phrase “depressed classes” as the 'untouchability class’, that is, the class whose touch or approach is deemed to cause pollution as it exists in the United Provinces.184 The report stated that the depressed classes “should not include primitive or aboriginal tribes nor should it include those Hindus who are only economically poor and in other ways backward but are not regarded as untouchables.”
The Government of India Act, 1935, does not explicitly define “weaker sections” in a specific section. Instead, it includes various provisions aimed at addressing the needs of disadvantaged groups, such as Scheduled Castes and Tribes, through reserved seats and representation in public services.
But it was derived the identification of Scheduled Castes. Clause 26(1) of the First Schedule to it defined the Scheduled Castes as castes that corresponded to the classes of persons known as the “depressed classes”: “the scheduled castes” means such castes, races or tribes, or parts of or groups within castes, races or tribes being castes, races, tribes, parts or groups which appear to his Majesty in Council to correspond to the classes of persons formerly known as the depressed classes, as His Majesty in Council may specify.”
Dr.B.R. Ambedkar highlighted that applying a uniform criterion to identify the depressed class would be inappropriate. Dr. B.R Ambedkar observed that the differences in the tests of untouchability do not indicate differences in the conditions of the untouchables because the notion underlying both the standards would be the same, that it is below the dignity to interact or touch persons of certain castes. He observed that the difference in the rigidity with which untouchability is practiced does not eliminate the notion of such a practice.
DURING POST CONSTITUTIONAL ERA
After independence Dr. Ambedkar became the First Law Minister of nation. He was appointed as Chairman of the Constitution Drafting Committee by theAssembly to write India's new constitution. The text prepared by Ambedkar provided constitutional guarantees and protection for a wide range of civil liberties for individual citizens including freedom of religion, the abolition of untouchability and outlawing all forms of discrimination. He had a real visionary towards the fundamental rights of Indian citizens and upliftment of weaker sections. He made several provisions in the form of Articles in the Constitution for the upliftment of the weaker sections. For the last 75 years, there has been a march towards for the last 75 years; there has been a march towards achieving social and economic equality. There have been efforts to give social and economic justice to the millions of citizens who on account of centuries and centuries of discrimination and inhuman treatment were denied the legitimate right to come into the mainstream of life. Whereas universal and lasting peace can be established only if it is based upon social justice; the word of social justice includes social security. The social security schemes provide dignity of human lives includes all the weaker section peoples. The trinity of Articles 14, 15, and 16 along with Articles 46, 335, 338, 341 and 342 have provided a tool to march towards social and economic equality; emphasis on affirmative action so as to give a special treatment to the underprivileged so that they can march forward; providing reservations in the matters of education and in the matter of public employment have been used so as to provide a special treatment to these backward classes.
Dr. Ambedkar introduced Article 13(2), which describes – "The State shall not make any law which takes away or abridges the rights conferred by this part and any law made in this contravention of this cause shall, extent of the contravention, be void" Article 14 of the Constitution declares that "the State shall not deny to any person equality before the laws or equal protection of laws". Article 15 of the Indian Constitution gives "fundamental rights to all Indian Citizens against any form of discrimination either by State or by any citizen on the basis of religion, race, caste, sex, place of birth or any of them". Article 15(4) of the Constitution of India declares that "Nothing can prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes (SCs) and the Scheduled Tribes (STs)". Atrticle 16(4A) declares that "Nothing can prevent prevent the State from making any provision for reservation in matters of provision with consequent seniority to any class or classes of posts in the services under the State in favour of SCs and STs which in the opinion of the State are not adequately represented in the service under the State". Article 16(4B) states that "Nothing in the Article shall prevent the state from considering any unfilled vacancies of year which are reserved for being filled in that year in accordance with any provision for reservation made under clause (4) or clause as a separate class of vacancies shall not be 13 considered together with the vacancies of the year in which they are being filled up for determining the ceiling of 50% reservation on total number of vacancies of the year". Article 17 of the Indian Constitution declares that " Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law". Based on this Article the Civil Right Protection Act 1965 and the Prevention of Atrocities (SCs and STs Act 1989) was enacted by the Parliament for the protection of Dalit rights. Article 332 in the constitution of India states the reservation of seats of SCs and STs in Legislative Assemblies of the States. 73rd amendment of constitution in the Article 243 declares that "Panchayat bodies must have proportionate representation of SCs and STs and women. Such reservation should also apply in the case of Chairperson and Deputy Chairpersons of their bodies".
Besides these several programs of the 14 Indian States in the form of grants, scholarships, loans, stipends etc. are being provided for weaker sections. This is all due to provisions of constitution drafted by Dr. Ambedkar. He was really a God Father for the weaker sections in true sense.
After the Indian Constitution adopted, it was protected of weaker section and elaborately interpreted the weaker through many judicial activisms and scrolled the product of weaker sections.
We find that in last 50 years the Kesavananda Bharati has not only been a guiding factor as to what manner the basic structure of the Constitution has to be maintained, as to how the Parliament and the executive should not be permitted to Tinker with the basic structure of the Constitution but the Kesavananda Bharati has also paved a way towards the social and economic justice that the constitution promises in its very Preamble."
The Indian Constitution is first and foremost a social document. The majority of its provisions are either directly aimed at furthering the goals of the socio-economic revolution or attempt to foster this revolution by establishing the conditions necessary for its achievement.
SOCIAL SECURITY SCHEMES EMPOWERING THE WEAKER SECTIONS.
Implementation of weaker sections welfare schemes speedily and effectively is crucial if India has to be what Mahatma Gandhi described as The India of My Dreams that
“An India in which described as "The India of my Dreams": An India in which the poorest shall feel that it is their country in whose making they have an effective voice an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of intoxicating drinks and drugs. Women will enjoy as the same rights as men”.
Scheduled Castes (SCs) in India are a group of historically marginalized, underprivileged and vulnerable communities who face social, economic, and political discrimination due to their status or background. The Empowerment of the Scheduled Castes stands as a crucial issue of topmost priority for the government of India. The Government of India is steadfast in its commitment to ensure that the Scheduled Castes' rights and dignity are protected and upheld, and that they have equal opportunities to advance and achieve prosperity. Our resolve remains resolute to end the cycle of poverty and discrimination that the Scheduled Castes face and to facilitate their empowerment to lead a life of dignity and respect. The Empowerment of Scheduled Castes (SCs) requires a multi-pronged approach, which include the following initiatives:
LEGISLATIVE PROVISIONS
The protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,
To abolish untouchability and forbade its practice in any form, an Act of Parliament namely “The Protection of Civil Rights {PCR} Act, 1955” is in force.
To check and deter crimes against members of SC/ST, another Act of Parliament namely the "The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989"is in force.
For effective implementation of the provisions of the SC/ST (PoA) Act,1989, the SC/ST (PoA) Rules, 1995 have been also framed.
EDUCATION EMPOWERMENT
Education and skill development play a crucial role in the empowerment of Scheduled Castes (SCs). To address this, the government of India has implemented several initiatives and programs to provide quality education and skill development opportunities to the members of the SC community crucial for their overall development and empowerment.
Prior to 2020-21, the funding pattern under the Scheme was based on committed Liability which was changed to fixed sharing pattern of 60:40 between Centre & States (90:10 in case of NE States) from 2020-21 onwards. This step reduced the burden on the States ultimately increasing the Central share.
The gross enrolment ratio of SC students studying in 11-12th was 52.9 during 2019-20; 56.1 during 2020-21 and 61.5 during 2021-22.
Gross Enrolment Ratio of SC students pursing higher education was 21.8 during 2017-18; 23 during 2018-19 and 23.4 during 2019-20.
DBT of Central share started w.e.f. 2021-22 with Central share amounting to Rs. 4531.92 Cr released to 54.77 lakh beneficiaries of 2021-22. Since 2014-15 till date, Central Assistance amounting to Rs. 27569.66 Cr released to over 4.58 Cr SC students under the Scheme.
W.e.f. 2022-23, the scholarship amount is being released into Aadhaar seeded bank accounts of the students through APBS system.
Integration of NPCI, UIDAI and PFMS databases with State Scholarship Portals for processing applications w.e.f. 2022-23 onwards. Online end to end processing, verification of eligibility credentials/certificates through online transactions and integrated databases at State Scholarship Portals.
DEVELOPMENT ACTION PLAN FOR SCHEDULED CASTES(DAPSC) [ERSTWHILE: SCP/SCSP/AWSC]
The Scheduled Castes Sub-Plan (SCSP) was envisaged to help the poor SC families through composite income generating welfare and developmental schemes with the clear objective of their overall development and bridging the gap of Socio Economic conditions of the SCs.
Fund allocation is increased for welfare of SCs from Rs. 41,561.13 crore in 2013 14 to Rs. 56,618.50, crore in 2018-19 and Rs. 1,45,629.27crore in 2022-23.
The number of ministries earmarking more than 16.2% of their Plan Outlays under SCSP has increased from 7 Ministries in 2016-2017 to 17 in 2021-2022. Also, the total number of obligating ministries/ departments has increased from 25 to 39 in this period.
The Actual Expenditure of SCSP has increased from Rs. 33,160.94crore in 2012 13 to Rs1,23,101.88crore in 2021-22.
In 2021-22, more than 80% of the total expenditure under SCSP, was made by Department of Agriculture, Cooperation and Farmers Welfare (Rs.12790.2453 Cr.), Department of Fertilisers (Rs.13092.4271 Cr.),Department of Food and Public Distribution (Rs.23913.3672 Cr.), Department of Rural Development (Rs.22615.4598 Cr.), Department of Drinking Water and Sanitation (Rs.9236.62 Cr.), Department of Health and Family Welfare (Rs.8005.9001 Cr.), Department of School Education and Literacy (Rs.6944.1788 Cr.) , Ministry of Women and Child Development (Rs.4481.1817 Cr.).
The Department of Agriculture, Cooperation and Farmers' Welfare has seen a significant increase in its expenditure from Rs. 3815.95 Crore in the financial year 2017-18 to Rs. 12790.25 Crore in the financial year 2021-22. This represents a 235% increase in the expenditure under DAPSC for this department. 13
The Department of Health and Family Welfare has also seen a steady increase in expenditure on Scheduled Castes welfare, with an increase of 56.13% from Rs. 5127.66 Crore in the financial year 2017-18 to Rs. 8005.90 Crore in the financial year 2021-22 under various schemes
The Department of Rural Development, on the other hand, has seen a growth of 169.76% in its expenditure, with an increase of 228.82% in the financial year 2021-22 only over the last one.
Under the National Food Security Act, 2013; in 2021-22; total SC Beneficiaries are 12,92,19,480
In Mahatma Gandhi NREGA Employment Generated during 2021-22; employment generated in Person days for SCs is 4680.639 lakhs.
In PM-Kisan, SC Beneficiaries under PM-Kisan as on 23.9.2021 are 1,36,68,752
In PMAY–G, as of 31st December, 2021, out of the total 2,15,52,547 houses sanctioned, 48,34,809 houses were sanctioned for SCs. Further, out of the total 1,68,68,040 houses completed, 38,96,524 houses were completed for SCs.
As per Agriculture Census (2015-16), the total number of operational holdings of SC is estimated as 17.34 million in the country.
EMPOWER WEAKER SECTIONS THOUGH SOCIAL SECURITY COUNDRUM:
Article 22 of The Universal Declaration of Human Rights defines that everyone has the right to social security and other economic, social, and cultural rights. These rights include, the right to work, an adequate standard of living, Education, Maternity and childhood, and the right to take part in cultural life. In Indian constitution in Article 46 of the Indian Constitution states that the state must promote the educational and economic interests of the weaker sections of society, especially the Scheduled Castes and Scheduled Tribes. It also requires the state to protect these groups from exploitation and social in justice.
The Parliament brought in the First Amendment Act, 1951 and inserted clause 4 to Article 15. The provisions of this clause are in the nature of an enabling provision (allows, felicitate) and do not impose any obligation on the State to take any special action under it. It merely confers discretion to act, if necessary, by way of making special provisions for socially and educationally backward class and Scheduled Castes and Scheduled Tribes.
The Eighth Amendment of the Constitution of India, officially known as The Constitution (Eighth Amendment) Act, 1959, amended article 334 of the Constitution in order to extend the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for ten years, i.e. up to 26 January 1970. Article 334 had stipulated that the reservation of seats should expire within a period of ten years from the commencement of the Constitution (i.e. 26 January 1960).
Now, On January 21st, 2020, Parliament passed the Constitution Act, 2019, and yet again extended reservations for Scheduled Castes and Scheduled Tribes to 80 years. However, the 104th Amendment discontinued reservations for Anglo-Indians in the Lok Sabha and State Legislative Assemblies. But it was challenged in Apex Court for does the extension of the reservation period for SC/STs and Anglo-Indians from 50 years to 60 years under the 79th Constitutional Amendment violate the Right to Equality? And still pending.
But now we achieved on 2.08.2024 for sub classification of schedule castes, a seven-judge Constitution Bench of the Supreme Court the validity of sub-classification within Scheduled Caste categories in a 6:1 majority, overruling the five-judge bench decision in E.V. Chinaiah v State of Andhra Pradesh (2004).
That the above Social security schemes empower the weaker sections data’s are scrutinized by the way of people census of India. Now not will happen census 20211. In Tamilnadu, many people want to make a caste census to make reservations in education and employment. Mr Stalin said that under Section 3 of the Census Act, only the Union government could conduct a census. He explained that though there was a perception that a State government could do a caste-based census under the Collection of Statistics Act, 2008, the law allows only collecting socio-economic data. “Under Section 3(a) of the Act, the State government cannot collect data about entries specified in the Union List in the Seventh Schedule, and the census is Entry 69 in the Union List. Also, Section 32 of the Collection of Statistics Act contains a bar on population data collection, as it can be done only under the Census Act,” he said, pointing to a case in this connection pending in the Supreme Court.
Even though on 6 June 2022, the Bihar government issued a notification to initiate a caste-based survey to collect data on socio-economic conditions to help create better government policies for disadvantaged groups. The Bihar government had relied on the data collected in the Bihar Caste Survey conducted between June 2022 and August 2023 to increase the reservation quota for Other Backward Classes (OBC), Extremely Backward Classes (EBC), Scheduled Caste (SC), and Scheduled Tribe (ST). A petition challenging the validity of the Caste Survey is also pending at the Supreme Court
The Bihar government enacted Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment) Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023 Based on the data from the caste survey conducted in 2023, the State passed the amendments. The quota for Extremely Backward Classes (EBC) was raised from the existing 18% to 25%; for Backward Classes (BC) from 12% to 18%; for Scheduled Castes (SC) from 16% to 20%; and for Scheduled Tribes (ST), the quota has been doubled, from 1% to 2% . On June 20, the High Court bench of struck down the Act. The Rashtriya Janata Dal (RJD) has moved the Supreme Court challenging the Patna High Court's order which had set aside the Bihar Amendment Laws increasing reservation for Backward Classes, Scheduled Tribes(STs), Scheduled Castes(SC) and Extremely Backward Classes to 65% from 50%.
The welfare of the state continues to struggle to ensure social justice and welfare social security schemes. Finally, we focus on the grassroots level scenario where the weaker sections are in the minority, and their vulnerable status denies them access to the welfare programme meant for them. To understand the weaker section social reality more than half a century after the Constitutional provisions were implemented in India. Social work methods were used for data collection for analyzing village and livelihood analysis, educational status, ownership of land, awareness about the Constitutional provisions, experience of social discrimination, details of caste clashes, persistence of traditional caste-based menial occupations, implementation of social development programs through government agencies at the village level, educational welfare programs, details of political participation at the village level and finally, the impact of government welfare measures for the weaker sections and perception of satisfaction level of the government welfare programs at the grassroots level.
The Caste Census is now an unstoppable idea. The critical of whether 90% of our population is meaningfully represented in India’s institutional structure- economy, government education demands an answer.
A universally acknowledged truth is that reservations have been conceived and quotas created, through provision in the Constitution, only to offset fundamental, deep rooted generations of wrongs perpetrated on entire communities and castes. Reservation is designed as a powerful tool to enable equal access and equal opportunity. Introducing the economic basis for reservation – as a new criterion, is permissible. Yet, the “othering” of socially and educationally disadvantaged classes – including SCs/ STs/ OBCs by excluding them from this new reservation on the ground that they enjoy pre-existing benefits, is to heap fresh injustice based on past disability. The exclusionary clause operates in an utterly arbitrary manner.
CONCLUSION
This article may touch on the social security schemes for empowering weaker sections. Many of the schemes and acts enacted by the state are for the welfare of people. There is no difference between social justice and social security. Both are on the same line and reach the same final distinction. In India, social security schemes were enacted after independence for the weaker sections of people. Early weaker sections defined that depression class. Now includes women, children, disabled people, old age people, and transgender people. However, the above person belongs to a socially and educationally weaker section. Every one of the economic developments was based on the caste-wise category.