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The Act is rooted in Articles 15 and 17 of the Indian Constitution. Article 15 prohibits discrimination on the basis of caste. Article 17 of the Constitution of India states that ‘Untouchability is abolished and its practice in any form is forbidden.
Scheduled Castes. Article 366 (24) of the Constitution of India defines the Scheduled Castes as: [17] Such castes, races or tribes or part of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purpose of this [Indian] constitution.
Article 15 of the Constitution of India prohibits discrimination based on caste and Article 17 declared the practice of untouchability to be illegal. [253] In 1955, India enacted the Untouchability (Offences) Act (renamed in 1976, as the Protection of Civil Rights Act). It extended the reach of law, from intent to mandatory enforcement.
On the 89th Amendment of the Constitution coming into force on 19 February 2004, the National Commission for scheduled Tribes has been set up under Article 338A on bifurcation of erstwhile National Commission for Scheduled Castes and Scheduled Tribes to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution.
The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [1] (Karnataka Act 2 of 1979) or PTCL is a statute of Karnataka. This law which was introduced in 1978 is retrospective in nature and is considered an ex post facto law .
This is a list of Scheduled Castes in India. The Scheduled Castes and Scheduled Tribes are those considered the most socio-economic disadvantaged in India, and are officially defined in the Constitution of India in order to aid equality initiatives. The Constitution (Scheduled Castes) Order, 1950 lists 1,109 castes across 28 states. [1]
In Himachal Pradesh, the activist-lawyer Lal Chand Dhissa detailed caste discriminations within tribes in his book The Injustices of the Constitution. He argues for central recognition of tribal casteism and the protection of "Scheduled Tribe Dalits" (Scheduled Tribes and Dalits are recognized as mutually exclusive by the Constitution of India ).
It was set up as a national level advisory body to advise the government on broad policy issues and levels of development of Scheduled Castes and Scheduled Tribes. The president of India appoints the chairman of commission. The fifth schedule of Indian constitution deals with the administration and control of Scheduled Castes and Scheduled Tribes.