Sub-Classification of SCs / STs

    • Objective: to provide preferential treatment to certain people to ensure equal representation.
    • States can subclassify them in the ‘Central List’ for reservation. – Supreme Court (five-judge bench)
    • E V Chinnaiah v State of Andhra (five-judge bench), 2005:
      • Only President notify inclusion or exclusion of caste as SC.

     

     

OBCs

OBC: Definition?

  • OBC is a collective term to classify educationally or socially disadvantaged castes.
  • OBCs are a vastly heterogeneous group.
  • Not defined in Constitution.

Justice G. Rohini commission, 2017 (created under Article 340)

  • To improve the equitability of sharing of benefits among OBCs.
  • To find out a scientific approach for sub-categorization of OBCs.

Article 340: Conditions for the appointment of a Commission to investigate the conditions of backward classes.

Idea of sub-categorization

  • First Backward Class Commission, 1955 proposed two categories: backward and extremely backward communities.

NCBC proposed three categories in 2015:

  • Extremely Backward Classes (EBC-Group A): facing social, educational, and economic backwardness even within the OBCs.
  • More Backward Classes (MBC-Group B)
  • Backward Classes (BC-Group C)

 

National Commission for Backward Classes (NCBC)

  • Till now, NCSC (Article 338) addressed the grievances of OBCs.
  • Earlier NCBC was a statutory body.
    • Set up under the NCBC Act, 1993
    • it could only recommend inclusion and exclusion of castes from the OBC list,
    • the level of income that cuts off the “creamy layer”.

123rd Constitutional Amendment Bill

  • Now NCBC is a constitutional body.
  • Article 338B of the Indian Constitution.
  • Under India’s Ministry of Social Justice and Empowerment.
  • It changes in Article 342A and Article 366.
  • Power to inquire into complaints of deprivation of rights.
  • It also gives it the powers of a civil court.
  • Grievances redressal.

  • NCBC structure
    • Five members appointed by the President.
    • tenure and conditions of service to be decided by the President.

 

 

Quota Benefits to Disabled

    • Disabled are entitled to same benefits of SC/ST quota. – Supreme Court.
    • In Anamol Bhandari case (2012), Delhi High Court held that
      • People suffering from disabilities are also socially backward; hence entitled to same benefits of SC/ST candidates.
    • Reservation for disabled is horizontal reservation:
      • Means Reservation under Reservation.
      • Eg. Reservation within SC, ST, OBC & General.

    Rights of Persons with Disabilities (PwDs) Act, 2016 Reservation for PwDs: in higher education (at least 5%), government jobs (at least 4%).

     

Custodial Violence

  • Why in news: Death of a father-son in Tamil Nadu, allegedly due to custodial violence.
  • Custodial violence means violence in judicial and police custody.

National Campaign Against Torture

  • It is a joint initiative by multiple NGOs.
  • 3/4 deaths in police custody are due to torture.

U.N. Convention against Torture, 1987

  • An international human rights instrument.
  • To prevent torture and other cruel, inhuman degrading treatment.
  • India has signed, but it is yet to ratify it.

Right to Protest

  • The right to protest is a fundamental right. – UNHRC
  • Constitution of India: The right to protest peacefully is a fundamental right. Article 19(1).
  • It cannot be taken away by an arbitrary executive or legislative action. – Ramlila Maidan case.

UN Human Rights Committee (UNHRC)

  • 18 independent expert bodies.
  • Monitors the implementation of ICCPR.
  • Everyone can exercise the right to peaceful assembly. It is a fundamental human right. – UNHRC

International Covenant on Civil and Political Rights (ICCPR)

    • UNHRC monitors its implementation.
    • ICCPR is a key international human rights treaty
    • Works for protection of civil and political rights.
    • ICCPR’s Article 21 guarantees the right to peaceful assembly.
    • It was adopted by the UNGA in 1966. India ratified the Convention.

     

International Bill of Human Rights

    • It includes

      • ICCPR
      • Universal Declaration of Human Rights
      • International Covenant on Economic Social and Cultural Rights

Modern Slavery

      • Modern slavery: It isthe exploitation that a person cannot refuse- because of threats, violence, coercion, or abuse of power.
      • Article 23 of the Indian constitution.

      A report by Walk Free and CHRI (international NGOs)

      • highlighted the need for renewed urgency to eradicate modern slavery and achieve SDG Target 8.7 by 2030.

      Key findings

      • 71% of all victims of modern slavery are women and girls.
      • India accounted for one-third of all child brides in the world.

       

Domestic Workers Convention, 2011

  • Adopted by ILO for decent work for domestic workers.
  • India has not ratified it.

2014 Protocol to Forced Labour convention

  • It is a protocol to the Forced Labour Convention, 1930
  • Legally-binding.
  • It requires States to take measures to suppress forced labour.
  • India signed and ratified Forced Labour Convention, 1930, but not ratified the protocol.

Right to property

  • Forcible dispossession of a person of his private property without due process of law is a human right violation.  – Supreme Court.
  • No-one shall be arbitrarily deprived of his property. – Universal Declaration of Human Rights 1948.

Reservation in Scheduled Areas

  • 100% reservation for STs in scheduled areas is not permissible. – Supreme Court’s five-judge Constitution bench.
  • Andhra Pradesh provided 100% reservation to the ST candidates in 2000.

Nomination of Ranjan Gogoi to Rajya Sabha

  • President nominated the former Chief Justice of India, Ranjan Gogoi to the Rajya Sabha.
  • Article 80(1)(a): President can nominate 12 persons to RS.
  • Not the first time: Previously, some Judges were also members of Rajya Sabha.
  •