National Commission for Scheduled Castes Issues Notice to AIIMS

IN NEWS

• The National Commission for Scheduled Castes has issued notice to AIIMS, seeking an action-taken report on an ex-resident doctor’s allegations that he was denied a post reserved for the SC category because he had raised questions about the interests of resident doctors.

ABOUT

• The National Commission for Scheduled Castes is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes and Anglo Indian communities to promote and protect their social, educational, economic and cultural interests. Article 338 of the Indian constitution deals with National Commission for Scheduled Castes. Article 338 A deals with National Commission for Scheduled tribes.

BACKGROUND

• The first Commission for Scheduled Castes and Scheduled Tribes was set up in August 1978 with Bhola Paswan Shastri as Chairman and other four members.
• Consequent upon the Constitution (Eighty-Ninth Amendment) Act, 2003 the erstwhile National Commission for Scheduled Castes and Scheduled Tribes has been replaced by

1. National Commission for Scheduled Castes and
2. National Commission for Scheduled Tribes.

• The first National Commission for Scheduled Castes was constituted in 2004 with Suraj Bhan as the chairman.
• Certain Communities suffering from Extreme Social & Economic Backwardness- like Untouchability Primitive Agri-Practices, Lack of Infrastructural facilities, Geographical Isolation- needed special consideration for safeguarding their interests;
• These communities were notified as Scheduled Castes and Scheduled Tribes as per provisions of Art. 341(1) and 342(1) of the Constitution respectively;

AIIMS

• The All India Institutes of Medical Sciences (AIIMS) are a group of autonomous government public medical colleges of higher education.
• Originally proposed by the then Prime Minister of India Jawaharlal Nehru for establishment in Calcutta, it was established in New Delhi following the refusal of Chief Minister of West Bengal Bidhan Chandra Roy.
• Since then, 22 more institutes were announced. As of January 2020, fifteen institutes are operating and eight more are expected to become operational until 2025.

CONSTITUTIONAL SAFEGUARDS FOR SCHEDULE TRIBES

Educational & Cultural Safeguards

• Art. 15(4) - Special provisions for advancement of other backward classes (which includes STs);
• Art. 29 - Protection of Interests of Minorities (which includes STs);
• Art. 46 - The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation,
• Art. 350 - Right to conserve distinct Language, Script or Culture;
• Art. 350 - Instruction in Mother Tongue.

Social Safeguard

• Art. 23 - Prohibition of traffic in human beings and beggar and other similar form of forced labour
• Art. 24 - Forbidding Child Labour.

Economic Safeguards

• Art.244 - Clause(1) Provisions of Fifth Schedule shall apply to the administration & control of the Scheduled Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth Schedule, under Clause (2) of this Article.
• Art. 275 - Grants in-Aid to specified States (STs &SAs) covered under Fifth and Sixth Schedules of the Constitution.

Political Safeguards

• Art.164 (1) - Provides for Tribal Affairs Ministers in Bihar, MP and Orissa
• Art. 330 - Reservation of seats for STs in Lok Sabha
• Art. 337 - Reservation of seats for STs in State Legislatures
• Art. 334 - 10 years period for reservation (Amended several times to extend the period,)
• Art. 243 - Reservation of seats in Panchayats
• Art. 371 - Special provisions in respect of NE States and Sikkim