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.
- 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%).
- 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
- Universal Declaration of Human Rights
- International Covenant on Economic Social and Cultural Rights
- 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.
- 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
- 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.