Annual" Report 1999-20QO
disability arising out of'Untouchability'has been made punishable in accordance with
law. It was precisely in order to implement this salutary provision of tHe Constitution
thatthe Parliaraentfirstadopted the Scheduled Castes and ScheduledTribes(Prevention
ofAtrocities)Act, 1989 and then the I^tection of Civil Wghts Act,.1976.In addition,
Articles 14,15and 16ofthe Constitution provide,respecdvely,for equality before,the
law and equal protection of the laws; the prohibition ofdiscrimination on grounds of
religion,race,caste,sex or place ofbirth;and equality ofopportunity in matters ofpublic
employment. Taken together, these Fundamental Rights provide a ponsdtudonal
bulwark against any discrimination arising, inter alia, from the varrui or caste system.
Further,the Fundamental Rights are themselves enforceable andjusticiable,through the
instrumentality of the Apex Court and the High Courts of the country."
"The Constitution goes further. Article 46 makes it a Directive Principle ofState Policy
that'the State shall promote with special care the educational and economic interests
ofthe weaker sections ofthe people,and in particular ofthe Scheduled Castes and the
Scheduled Tribes,and shall protectthem fiom social injustice and allformsofexploitation'.
In addition.Article 338 ofthe Constitution makes provision for a National Commission
for Scheduled Castes and Scheduled Tribes with extensive duties and powers in respect
of investigating and monitoring all matters relating to the safeguards proyided for
Scheduled Castes and Scheduled Tribes under the Constitution or under any other la^v
for the time beirig in force or under any order of Goyernmetit."
"It is also worth recalling,in this connection,that a number ofState Governments have
enacted specific legislation to prevent,or deal with,atrocities that niightbe committed
against
or members of the Scheduled Tribes." >•>''
'
"In the years intervening since Independence and the adoption ofthe Constitution,
much has been endeavoured, often with positive results, to promote arid protect the
rights ofDalits and to ensure their empowermentand advancementin all spheres ofthe
life of the nation, whether political, educational, econorhic, social or occupational,
including employment in the higher administrative services ofthe country. Numerous
reports ofthe Governmentand studies by academics and others,includingDc/i^ scholars,
provide the facts, testifying to the significant changes that have're'sulted."
"Yet despite these efforts,which have included perhapsthe mostfer-reachingprogramrries
ofaffirmative action ever undertaken in a democratic society anywhere in the world,the
Commission remains deeply and painfully aware that atrocities against Dalits recur(as
sadly against other vulnerable sections ofsociety as well), while serious gaps between
policy directives and reality persist. There are many reasons for this: historical and
culmral, economic and social, political and admmistrative, to name but a few."
"While this is not the place to analyse each of these and other reasons,suffice it here
to say that atrocities againstDa/ife; or the violation oftheir rights in any manner orform,
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