SC/ST benefits can be claimed ONLY in one State: Supreme Court

The Supreme Court recently said a person declared as Scheduled Caste or Scheduled Tribe in one state cannot claim benefit of his status for employment, education or land allotment in any other state on migration.

• A bench of Justices M R Shah and A S Bopanna dismissed an appeal filed by Bhadar Ram through his legal representative against a Rajasthan High Court's division bench order of April 7, 2011.
• The HC declared a sale transaction in respect of land belonging to a landless SC person was in clear breach or in violation of Section 42 of the Rajasthan Tenancy Act, 1955.

Key-takeaways from Supreme Court’s Judgment

• Being a Scheduled Caste belonging to Punjab and being an ordinarily and permanent resident of Punjab, cannot claim the benefit of a Scheduled Caste in the state of Rajasthan for the purpose of purchase of land allotted to a landless Scheduled Caste person.
• A person belonging to Scheduled Caste/Scheduled Tribe in relation to his original state of which he is permanent or an ordinarily resident cannot be deemed to be so in relation to any other state on his migration to that state for the purpose of employment, education etc.
• The top court's judgement in 'Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Another' (1994) would apply with full force in the present case.

Who are Scheduled Castes (SCs) and Scheduled Tribes (STs)?

 Scheduled Castes (SCs) and Scheduled Tribes (STs) are among the most disadvantaged socio-economic groups in India. 

 Scheduled Caste

• Scheduled castes are sub-communities within the framework of the Hindu caste system who have historically faced deprivation, oppression, and extreme social isolation in India on account of their perceived ‘low status’.
• The 2011 Census places the number of scheduled castes in India at 16.6 percent of the total population, or approximately 166,635,700 people.

 Scheduled Tribes

• Scheduled Tribes are classified as marginalised communities on the basis of geographical isolation.
• Primitiveness, geographical isolation, shyness and social, educational & economic backwardness due to these reasons are the traits that distinguish Scheduled Tribe communities of our country from other communities.
• There are over 700 Scheduled Tribes in India according to The National Commission for Scheduled Tribes.

Constitutional Provision for SC/STs:

• Article 341:

• The President may with respect to any State or Union Territory and where it is a State after consultation with the Governor thereof, by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory.
• Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause of any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. 

• Article 342:

• The President may with respect to any State or Union Territory and where it is a State, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory.
•  Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community but save as aforesaid a notification issued under 'the said clause shall not be varied by any subsequent notification.