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Wings of NCSC

APCR

This Wing addresses issues related to atrocities against Scheduled Castes and the enforcement of laws like the Protection of Civil Rights Act, the Bonded Labor System (Abolition) Act, and the Minimum Wages Act. It handles complaints and conducts evaluations on these matters.
 
Nature of Complaints Entertained:
 
• Heinous Crimes: Rape, gang-rape, murder, kidnapping, or other aggravated offences under the SC/ST (PoA) Act.
• Non-Registration or Delay in FIR: Failure of police authorities to register FIRs in atrocity cases.
• Caste-Based Abuse & Humiliation: Use of caste slurs, social boycott, or public insult.
• Physical Assault & Violence: Beating, grievous hurt, or attempt to murder.
• Threats & Intimidation: Including threats to life or property.
• Arson & Destruction of Property: Targeted burning or damage to property belonging to SC persons.
• Bonded Labour & Forced Labour: Complaints under the Bonded Labour System (Abolition) Act.
• Non-Payment of Wages: Violation of minimum wage provisions or denial of wages to SC workers.
• Fraud & Cheating: Exploitation or deceit targeting SC individuals or communities.
• Crimes Against Children: Offences under the Protection of Children from Sexual Offences (POCSO) Act.

SSW

This Wing is entrusted with ensuring the implementation of service safeguards for members of the Scheduled Castes in Central and State Government services as well as in Public Sector Undertakings (PSUs). Its primary role is to monitor compliance with reservation policies, service-related safeguards, and the protection of SC employees against discrimination.
 

Nature of Complaints Entertained :

 

• Service Harassment: Complaints of bias, victimization, or workplace discrimination.
• Wrongful Suspension or Termination: Unjust suspension, dismissal, or removal from service.
• Non-Implementation of Reservation Policy: Failure to implement reservation in recruitment, promotion, or roster maintenance.
• Discriminatory Disciplinary Action: Initiation of disciplinary proceedings or imposition of punishment in a discriminatory manner.
• Denial of Appointment or Promotion: Refusal to appoint/promote despite eligibility under rules or reservation provisions.
• Matters related to false caste certificates and inclusion/exclusion of castes from the Scheduled Castes list.

ESDW

This Wing is primarily responsible for matters relating to the overall development and welfare of Scheduled Castes. It monitors and reviews the implementation of various Central and State Government schemes targeted at SCs and ensures their effective execution.

Nature of Complaints Entertained:

  • Land-Related Issues: Disputes regarding ownership or possession of land, non-allotment, or delay in allotment of agricultural land/plots/housing sites to eligible SC beneficiaries under Central or State schemes.
  • Educational Support & Scholarships: Non-payment, delay, or irregularities in disbursement of Pre-Matric and Post-Matric Scholarships, as well as complaints related to denial of admission or discrimination in educational institutions.
  • Allotment of Commercial Opportunities: Cancellation or non-allotment of petrol pumps, gas agencies, dealerships, and other commercial licenses meant for Scheduled Caste beneficiaries.
  • Implementation of Development Schemes: Non-implementation or improper implementation of the Special Component Plan (SCP), welfare schemes, and skill development programmes meant for Scheduled Castes.
  • Financial Assistance: Complaints regarding delay, denial, or mismanagement in extending loans, subsidies, or financial aid under Central/State schemes.
  • Housing & Basic Amenities: Non-allotment or cancellation of residential plots, housing units, or benefits under housing schemes and lack of access to basic civic amenities for Scheduled Caste colonies.
  • General Grievances: Issues of neglect or discrimination in delivery of public services, denial of benefits under government welfare programmes, or other grievances affecting socio-economic development of Scheduled Castes.
Group241

Constitutional Safeguards

The important Constitutional Safeguards for Scheduled Castes are mentioned below:-

1. Development and Protective Safeguards

These safeguards are contained in the Directive Principles of State Policy of the Constitution and a specific provision in Article 46 which is a comprehensive provision comprising both the developmental and regulatory aspects. It reads as follows:-

Article 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”.

Article 25(2)(b) provides that Hindu religious institutions of a public character shall be thrown open to all classes and sections of Hindus. This provision is relevant as some sects of Hindus used to claim that only members of the concerned sects had a right to enter their temples. This was only a subterfuge to prevent entry of SC persons in such temples. For the purpose of this provision the term Hindu includes Sikh, Jain and Buddhist.

2. Social Safeguards

Article 17 “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law. To give effect to this Article, Parliament made several enactments viz., Untouchability (Offences) Act, 1955. In order to make the provisions of this Act more stringent, the Act was amended in 1976 and renamed as the Protection of Civil Rights (PCR) Act, 1955. The rules framed under this Act called Protection of Civil Rights Rules, 1977 under the provisions of the Act. Parliament also passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which became effective from 30.01.1990. The rules framed under this Act called the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 were notified on 31.03.1995. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 was notified on 01.01.2015 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 2016 framed under the amended Act came into force on 14.04.2016.

Article 23 prohibits traffic in human beings and beggar and other similar forms of forced labour and provides that any contravention of this provision shall be an offence punishable in accordance with law. It does not specifically mention SCs but since majority of bounded labour belong to SCs, this Article has a special significance for these communities. In pursuance of this Article, Parliament has enacted the Bonded Labour System (Abolition) Act, 1976. For effective implementation of this Act, the Ministry of Labour is running a Centrally Sponsored Scheme for identification, liberation and rehabilitation of bonded labour

Article 24 provides that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. There are Central and State laws to prevent child labour. This Article is also significant for SCs as a substantial portion of child labour engaged in hazardous jobs belong to these groups.

3. Economic Safeguards

The provisions of Articles 23, 24 and 46 mentioned above also form part of the economic safeguards for Scheduled Castes.

4. Educational and Cultural Safeguards

Article 15(4) empowers the State to make any special provision for the advancement of any socially and educationally backward classes of citizens or for SCs and STs. This provision was added to the Constitution through the Constitution (First Amendment) Act, 1951, which amended several Articles. This provision has enabled the State to reserve seats for SCs and STs in educational institutions including technical, engineering and medical colleges and in Scientific & Specialized Courses. In this Article as well as in Article 16(4) the term ‘backward classes’ is used as a generic term and comprises various categories of backward classes, viz., Scheduled Castes, Scheduled Tribes, Other Backward Classes, De-notified Communities (Vimukta Jatiyan) and Nomadic/Semi nomadic communities.

5. Political Safeguards

Article 164(I) provides that in the States of Bihar, Madhya Pradesh and Orissa there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

Article 330 provides for reservation of seats for SCs and STs in the Lok Sabha.

Article 332 provides for reservation of seats for SCs/STs in the State Vidhan Sabhas (Legislative Assemblies).

Article 371 A, B, C and F contain special provisions with respect to Nagaland, Assam, Manipur and Sikkim respectively.

6. Service Safeguards

Article 16(4) empowers the State to make “any provision for the reservation in appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”.

Article 16(4A) specifies that nothing in this Article shall prevent the State from making any provision for reservation in matters of promotion, “with consequent seniority” to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State”.

Article 16(4B) Specifies that nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty percent reservation on total number of vacancies of that year”.

Article 320 (4) provides that nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision under Article 16(4A) may be made or the manner in which effect may be given to the provisions of Article 335.

Article 335 mentions that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making to appointments to services and posts in connection with the affairs of the Union or of a State”. “Provided that nothing in this Article shall prevent in making of any provision in favour of Member of SCs & STs for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of Union or of a State” (Constitutional 82nd Amendment, Act, 2000).