Will SC Rights Be Upheld? — Here's Why AJAK Rajasthan Presses Justice Balakrishnan Commission to Block New Groups in Scheduled Caste List

Jaipur-The Dr. Ambedkar Anusuchit Jati Adhikari-Karmchari Association (AJAK Rajasthan) has taken a significant step to safeguard the interests of Scheduled Caste (SC) communities by submitting a detailed letter to the Justice K.G. Balakrishnan Commission. The letter expresses serious concerns over potential changes to the Scheduled Caste list under Article 341 of the Constitution and strongly opposes the inclusion of new groups, such as Dalit Christians or Muslims, which the organization believes could jeopardize the rights and benefits of existing SC communities.

Representing SC employees’ communities, AJAK Rajasthan highlighted the daily struggles of caste-based discrimination and hardships faced by its members. The organization urged the Commission to protect the constitutional rights of existing SC communities and ensure that no amendments to the SC list are made for political reasons. The letter emphasizes preserving the sanctity of Article 341 and preventing religion-based restrictions on SC rights.

Key Points Raised in the Letter

1. The list of SC/ST citizens in India was prepared on the basis of historical facts of economic, educational and caste discrimination. The Constitution of India is the supreme law of India. Public servants posted in the legislature, judiciary and constitutional institutions take an oath to work according to the Constitution of India. According to Article 51 (a) of the Constitution of India, it is the constitutional duty of every citizen to obey the Constitution of India and behave accordingly. Thus contempt/violation of the Constitution of India falls under the category of punishable offence under Section 2 of the National Dishonour Act 1971.

2. According to the law made by the Ministry of DOPT of the Government of India, the caste of any citizen in India is inherited from his/her father on the basis of birth. The caste of the father is inherited by the son/daughter on the basis of birth. The children of a Scheduled Caste/Scheduled Tribe father get the caste of their father i.e. Scheduled Caste. People belonging to Scheduled Caste are discriminated against on the basis of caste. Similarly, their children also face caste discrimination.

Even if the citizens of Scheduled Caste/Scheduled Tribe change their religion, then on the basis of the caste acquired on the basis of birth, they continue to face discrimination on the basis of social, economic, educational and caste in other religions as well. Citizens get their caste from their father, so their caste remains with them till their death and there is always discrimination against them. To solve the social, economic, educational and caste discrimination, the Constitution of India has given the Scheduled Caste / Scheduled Tribe citizens the right to constitutional representation on the basis of caste in Articles 14, 15, 16, 335, 330, 332, 243D and 243T and has tried to reduce their social, economic, educational and caste discrimination.

3. In India, representation in government services to SC/ST citizens in proportion to their population has been given by the Constitution of India on the basis of their social, economic and educational status. On the basis of Articles 15, 16 and 335 of the Constitution of India, the people of Scheduled Castes and Scheduled Tribes have got the constitutional right of representation in educational institutions and government services in proportion to their population.

In Articles 15, 16 and 335, the constitutional right of representation has been given on the basis of caste. Neither in government services nor in politics, the constitutional right of representation has been given on the basis of religion. Therefore, the right to representation of Scheduled Castes cannot be restricted on the basis of religion. The Constitution of India does not impose any restriction on the citizens of SC/ST on the basis of religion even in Articles 15, 16 and 335. If the constitutional right of SC/ST citizens to government services and political representation is restricted on the basis of religion, then it would be a violation of Articles 14, 15, 16 and 335 of the Indian Constitution.

4. The Constitution of India provides the SC/ST citizens the constitutional right to representation in proportion to their population in Panchayats, Municipal Bodies, Legislative Assemblies and Lok Sabha. The Constitution of India, Article 243(d) provides the Scheduled Caste and Scheduled Tribe citizens the constitutional right to representation in proportion to their population in Gram Panchayats, 243T in Municipal Bodies, 332 in Legislative Assemblies and Article 330 in Lok Sabha. None of the articles providing the constitutional right to representation imposes any restriction on the basis of religion for giving representation in proportion to their population in Gram Panchayats, Municipal Bodies, Legislative Assemblies and Lok Sabha. The right to political representation has been given to socially, economically and educationally backward castes on the basis of caste and historical facts and evidence. Neither the right to representation has been given on the basis of religion nor can any restriction be imposed on it on the basis of religion.

5. On the basis of social, educational and economic and historical facts, the Government of India has made a law for the SC/ST citizens belonging to the castes listed in the Constitution of India that the caste of any citizen is determined by the caste of his father. The father of a citizen naturally determines his caste. The SC/ST citizens have got the constitutional right to representation in government services in proportion to their population under Articles 15, 16 and 335 of the Constitution of India.

They have got the constitutional right to representation on the basis of their caste in proportion to their population through Articles 2430, 243T, 330 and 332. There is no restriction on giving representation to Scheduled Caste and Scheduled Tribe citizens on the basis of religion in any of the above articles. The right to representation of Scheduled Caste and Scheduled Tribe has been given due to historical reasons of caste discrimination. There is no discrimination on the basis of religion. It is the people of Hindu religion who discriminate against some castes of Hindu religion. Therefore, there cannot be a restriction on the basis of religion for representation in Scheduled Castes and Scheduled Tribes.

6. Scheduled Castes and Scheduled Tribes in India were identified on the basis of social, economic and educational backwardness on the basis of caste census of 1931 in the year 1935 itself. After independence, after the list of Scheduled Castes and Tribes came in the Constitution of India in 1950, Scheduled Castes and Tribes were notified under the Constitution of India, the supreme law of India. From time to time, the State Government and the Central Government have been disrespecting and violating the Constitution of India for their political gains and have been changing the list of Scheduled Castes to serve their political interests.

According to Article 341 and 342 of the Constitution of India, the right to include or exclude any caste in the list of Scheduled Castes/Scheduled Tribes lies with the Parliament. The power to issue a decree for this lies with His Excellency the President. Violating Article 341 of the Constitution of India, the Chief Secretary of Social Welfare of Uttarakhand State included 38 castes in December 2013 and 10 general and backward class castes in 2014, declaring them as sub-castes/synonymous castes of artisans, in the list of Scheduled Castes. The Chief Secretary of Social Welfare has included 48 castes in the list of Scheduled Castes by deliberately violating his official responsibilities, duties, the Constitution of India, interfering with the powers of the Parliament and the President.

Due to this, the people of Scheduled Castes were deprived of the constitutional rights of representation in the state of Uttarakhand under Articles 15, 16, 332, 330, 335, 243 (g), 243 (t) of the Constitution of India. After the year 2013, except Haridwar district, the constitutional rights of representation in political and government services were availed by those citizens of general/backward class who do not fall in the category of scheduled caste. At present, out of 70 assembly constituencies of Uttarakhand Legislative Assembly, 13 are reserved for scheduled castes, out of which the caste certificates of 10 MLAs are illegal. They have obtained caste certificate as sub-caste of Shilpkar by violating Article 341 of the Constitution of India. Out of 4 Lok Sabha constituencies in Uttarakhand state, Almora Lok Sabha constituency is reserved for scheduled castes. Even on that, a person from non-scheduled caste is elected. The situation of government services is even worse.

7. The Constitution of India provides the right of EWS to the citizens of backward class and economically weaker section, in which there is no restriction in the name of religion. If Hindus, Muslims, Sikhs, Parsis and Christians of all religions can get reservation in backward class and economically weaker section, then it is not justified to impose restrictions on the right to representation on the basis of religion in scheduled caste and scheduled tribe. There will be discrimination against citizens of scheduled caste and scheduled tribe on the basis of religion and their fundamental rights will be violated. The Constitution of India is a secular constitution.

8. The Constitution of India is the supreme law on the land of India. In India, the legislature, judiciary, executive and the public servants posted therein are the trustees of the Constitution of India. They have no right to spread anarchy in the country by making any changes in the Constitution of India. Spreading anarchy in the country is not in the interest of the king, subjects and citizens of any caste or religion. Pushing the country into anarchy will be harmful for everyone sooner or later.

9. On the basis of the above facts and circumstances, Dr. Ambedkar Anusuchit jati Adhikari Karmchari Association (AJAK Rajasthan) is of the opinion that even after 70 years of independence, it is not justified to include any new castes in the list of Scheduled Castes/Scheduled Tribes and to discriminate between the citizens of Scheduled Castes and Tribes on the basis of religion and to snatch their constitutional rights on the basis of religion or to impose restrictions on them is not appropriate.

Any SC/ST citizen, irrespective of any religion, faces discrimination on the basis of caste. At present, people of all religions discriminate against SC/ST citizens on the basis of caste. The caste of the father is passed on to the children by birth. Therefore, just like the father, SC/ST children also face caste discrimination. If SC/ST citizens are deprived of their constitutional rights on the basis of religion, it would be a violation of the Indian Constitution.

The letter highlights ongoing issues faced by SC communities, including caste-based atrocities, shrinking job opportunities due to privatization, and unfair rejections in government hiring labeled as “Not Found Suitable” (NFS). The Constitution provides specific protections in education, employment, and social, political, and economic spheres to address these historical injustices. The organization strongly opposes adding groups like Dalit Christians or Muslims to the SC list, which could dilute these protections.

AJAK Rajasthan urged the Justice Balakrishnan Commission to refrain from altering the SC list and to protect the constitutional rights of existing SC communities. The organization called for preventing religion-based discrimination and upholding Article 341 to safeguard the SC list.

The letter concludes by stating that protecting SC communities’ interests is not only a constitutional duty but also essential for upholding social justice and equality principles.