C Provisions Sc St Bc W&C

1. THE CONSTITUTION OF INDIA
and
PROFESSIONAL ETHICS
CIP 81
Constitutional Provisions for Scheduled Castes & Tribes
Women & Children & backward classes
Class # 12 Week :Apr 01-06

2. SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES [Art.330 to Art.342]
Part XVI
•Pluralistic society, composite population, Groups
•Religion, Language, Caste—Sc, ST, Anglo-Indian,
Muslim, Parse, Sikh, Jain, Hindu, Christian etc.;
•Protect against discrimination, Safeguard interest,
To create a egalitarian Society
Equal, Open, free, classless
Articles Provisions
15(3) Special provision for women & Children
21A. Fundamental Rights to Primary Education
23 & 24 Right against Exploitation
39(f) Development of Children
Fundamental Fundamental Duty of a parent or guardian to
Duty 51A(k) provide opportunities for education to his
child

3. SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES [Art.330
to Art.342] Part XVI
Articles
15(4) &
29(2)
16(4)
330
332
335
338 &
338A
Provisions
•Special provision for BC including SC/ST
•Special provision for Backward Classes
•Reservation of seats for SC & STs in the Lok
Sabha
•Reservation of seats for SC & STs in the
Legislative Assemblies of the State
•Claims of SC’s & ST’s in Services & post
•National commission for SCs and
•National commission for STs

4. CONSTITUTIONSL PROVISIONS FOR PROTECTION
OF WOMEN & CHILDREN
Articles
15(3)
Nothing
in this
article
shall
prevent
the State
from
making
Any
special
provision
for
women
and
children.
Provisions
Neither considered minority nor BC;
Gender inequality in Indian society is a major
problem. Female infanticide – girl ≠boy.
Women socially & economically handicapped.
Unable to to participate in socio-economic
programs of the country.
Necessary to create such conditions to uplift
such un-privileged women as a class.
15(3) is to eliminate this socio-economic
backwardness—to achieve equality betn
man & woman.
Hence Reservation of seats for women in
local bodies or in educational Institutions
are valid.

5. CONSTITUTIONSL PROVISIONS FOR PROTECTION
OF WOMEN & CHILDREN
Articles
21A
Right to
Educati
on
23
selling
Buying
Men
Women
Children
Like
goods
Provisions
The State shall provide free and compulsory
education to all children of the age of 6 to 14
years
In such a manner as the state may, by law,
determine.
Trafic in human being and begar & other
similar forms of forced labour are prohibited
……an offence punishable by law.
Hazardous employment…
rehabilitation…..Rs.20,000 from employer..
Adult member employment

6. CONSTITUTIONSL PROVISIONS FOR PROTECTION
OF WOMEN & CHILDREN
Articles
24
51A(k)
39(f)
Welfare
Of
children
Provisions
Child below 14 years not to work in
Hazardous employment… Factory/mine
rehabilitation…..Rs.20,000 from employer..
Adult member employment– Govt. has made
law to abolish child labour.
Who is a parent or guardian to provide
opportunities for education to his child
/ward between the age 6 – 14 yrs.
Give opportunities & facilities to children to
develop in a healthy manner & in conditions
of freedom and dignity. Childhood & youth
are protected from exploitation. Against
moral & material abandonment.

7. CONSTITUTIONSL PROVISIONS FOR PROTECTION
OF WOMEN & CHILDREN
Articles
39(f)
Acts
Provisions
S Court directed the State to
-release Children below 16 years from jail
-Establish remand homes.
-Juvenile Courts
-Special homes etc.;
Duty of the State to look after the child
-ensure fullest development of its personality.
Juvenile justice Act 1986
Immoral Traffic (Prevention) Act 1956

8. CONSTITUTIONSL PROVISIONS FOR PROTECTION
OF WOMEN & CHILDREN
Articles
The
National
Commission
For women
Act.1990
Provisions
Statutory body
Reviews provision relating to safeguards
for women under the constitution &
other laws. Takes petitions from
women for redressal of grievances and
does promotional research for
advancement of women.

9. CONSTITUTIONSL PROVISIONS FOR Scheduled casts and
scheduled Tribes
-16.48% SCs & STs (Census 2001) provisional
-Weaker & marginalized class of Society
-Art 14 guarantees equality before law to all citizens
-Art.15(4): Right to education
-Art.16(4): Reservation in Employment
-Art.46 economic development
-Right of political rep in Parliament, LA, Panchayat Raj

10. CONSTITUTIONSL PROVISIONS FOR BACKWARD CLASSES
Articles
The
National
Commission
For
backward
classes
Act.1993
SC/HC judge
As Chairman
Social
Scientist, 2
BC experts;
Member
secretary
Provisions
Enacted on direction from Supreme court
-- to setup a permanent body for
entertaining, examining & advising the
GOI
on request for inclusion and
complaints of over-inclusion &
under-inclusion
in the lists of OBCs of citizens.
Per provision of the Act. The commission’s
advice is binding on the Govt.

11. CONSTITUTIONAL PROVISIONS FOR Scheduled casts and
scheduled Tribes
Articles
The
National
Commission
For
Scheduled
Castes
Art.338
Provisions
Chair Person, Vice-CP& members
Art.338(5) duties of Commission
-To investigate, monitor & evaluate–
safeguards provided by C, or any law by
govt.
-Enquire into sp. Complaints
-Participate & advice on Plan socio-
economic program of SCs, Union & State
-Report to President(-> House) annually
and periodically
-Recommend measures
-Discharge per President’ directives.

12. CONSTITUTIONSL PROVISIONS FOR Scheduled casts and
scheduled Tribes
Articles
The
National
Commission
For
Scheduled
Tribes
Art.338A:89
th

amendment
Act.2003
Provisions
Powers & fns same as SC commission
A.330 & A.332: : reservation in Lok
Sabha & LA in each State & UT –
population-basis
Originally for 10 years
Extended many io years
Art 334(A): 79
th
amend Act,1999– till25th
Jan 2101.
A.335 : Duty of State – consider SC, ST
claims – appointments in cpnnection
with affairs of centre & state.