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Legal Identification of Scheduled Castes and Scheduled Tribes Selection Criteria For Scheduled Castes The Person Who

The document discusses legal criteria for identifying scheduled castes and scheduled tribes in India for the purpose of affirmative action. It provides 6 criteria for identifying scheduled castes, including being barred from using public amenities or treated unequally by higher caste individuals. It lists 2 criteria for scheduled tribes - tribal origin and living primitively in remote areas. It then discusses rationales for affirmative action in India, including the forward-looking approach of motivating groups to forget past harms in exchange for future benefits. However, a researcher argues that a solely forward-looking framework fails to consider possible negative consequences like increasing tensions between groups.

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29 views2 pages

Legal Identification of Scheduled Castes and Scheduled Tribes Selection Criteria For Scheduled Castes The Person Who

The document discusses legal criteria for identifying scheduled castes and scheduled tribes in India for the purpose of affirmative action. It provides 6 criteria for identifying scheduled castes, including being barred from using public amenities or treated unequally by higher caste individuals. It lists 2 criteria for scheduled tribes - tribal origin and living primitively in remote areas. It then discusses rationales for affirmative action in India, including the forward-looking approach of motivating groups to forget past harms in exchange for future benefits. However, a researcher argues that a solely forward-looking framework fails to consider possible negative consequences like increasing tensions between groups.

Uploaded by

tinku
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Legal identification of Scheduled Castes and Scheduled Tribes

Selection criteria for scheduled castes 1

The person who-

1. Cannot be served by clean Brahmans.


2. Cannot be served by the barbers, water-carriers, tailors, etc. who serve the caste Hindus.
3. Pollutes a high-caste Hindu by contact or by proximity.
4. Is one from whose hands a caste Hindu cannot take water.
5. Is debarred from using public amenities such as roads, ferries, wells, or schools.
6. Will not be treated as an equal by high-caste men of the same educational qualification in
ordinary social intercourse.
7. Is depressed on account of the occupation followed and, but for that, occupation would be
subject to no social disability.

Selection criteria for scheduled tribes 2

1. Tribal origin
2. Primitive ways of life and habitation in remote and less accessible areas
3. General backwardness in all respects

Rational behind affirmative action in India:

There are two kinds of approaches to looking the nature of affirmative action in India.

Forward looking-3
“This programme is founded on the principle of motivated forgetfulness of wrong doings
with the assumption that victims would soon forget past sufferings to compensate them later
or providing some benefit in the future.

1
Prof. Rohini pande, available at, India together,Yale university(Last visited on November, 26, 2010).

2
Supra note 5.
3
Amarnath Mohanty, Affirmative Action in India, An Alternative Perspective, available at
www.mcrg.ac.in/Dialogues_on_Justice.pdf(Last visited on, November, 25, 2010),
1). It is utility based method which measures the good expected result from the
implementation of this programme. The main motto of the affirmative action in India is not to
compensate anyone for harm caused by past wrongdoing, but rather simply to promote
certain highly desirable forms of social change to break endlessly continuing cycle of poverty
and sub-services.
2) It will eliminate inequities in income distribution, remove caste and racial prejudice,
reduce caste and racial tension, and enhance self-esteem of the marginalised”

Researcher’s argument on forward looking:

“Although it is considered as good strategy but within an exclusive forward-looking


framework of reservation one fails to take into account sufficiently possible negative
consequences – like temporary increase of racial, ethnic and communal tensions, caste or
racial segregation, accusations against lowering of the academic and service standards,
damage of the respect of really deserving and meritorious members of the reserved category
and slowly theses aspects will going to increase and create social and political conflicts.”

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