Context

The Rajya Sabha recently passed a Bill that seeks to remove the ‘Bhogta caste’ from the list of Scheduled Castes (SCs) in Jharkhand and include certain other communities in the list of Scheduled Tribes (STs) for the state.

About

Key-highlights

• The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2022 was passed by a voice vote.
• The Bill amends the Schedule to the ST Order to include communities such as Deshwari, Ganjhu, Dautalbandi (Dwalbandi), Patbandi, Raut, Maajhia, Khairi (Kheri), Tamaria (Tamadia), and Puran in the list of STs in Jharkhand.

Who are Scheduled castes?

• 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’.
• Only marginalised Hindu communities can be deemed Scheduled Castes in India, according to The Constitution (Scheduled Castes) Order, 1950.

Important Constitutional Provisions

• Article 46 of the Constitution,provides that the State shall promote with special care the educational and economic interests of the weaker sections of the society and in particular, of the Scheduled Castes and Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.
• Under Article 341(1), the President of India, after consultation with the Governor, may specify, “the castes, races, tribes or parts of groups within castes or races, which shall be deemed to be Scheduled Castes”.
• The President has notified the Scheduled Castes in the order called ‘Constitution (Scheduled Castes) Order-1950’ and the Scheduled Castes and Scheduled Tribes List (Modification) Order-1956.
• Article 164(1), provides that in the States of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha 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.