Amid growing population of SC/STs in the country, government today said it is mulling over providing reservation benefits to backward classes in proportion to their population.
To concerns over losing of SC/ST status due to migration to other states, the Centre said it was up to the state governments to recognise such castes and provide benefits.
The government also said it was making efforts to release the caste census, conducted separately, at the earliest.
"One member demanded for reservation provision in proportion to the population of backward classes. We are thinking on that. If you can create an environment, we can do this," Social Justice Minister Thaawar Chand Gehlot said in the Rajya Sabha while replying to a debate on the Constitution (Scheduled Castes) Order (Amendment) Bill, 2016.
The Bill, which was passed by the Rajya Sabha, seeks to amend the Constitution to include certain castes in the list of Scheduled Sastes (SC) in five states. It was earlier passed in the Lok Sabha.
The bill includes certain castes like Sais, Aheria and Peruvannan, in the SC list of states like Chhattisgarh, Haryana, Kerala, Odisha and West Bengal.
Earlier while debating the bill, K Somaprasad (CPI-M) had demanded that the government should consider increasing quota benefits in proportion to the growing population of backward classes.
"As per the 2011 census data, the population of SC/STs is 25.2 per cent, while the reservation is 22.5 per cent. So, reservation should be increased in proportion to the population," he said.
"Reservation benefit is a constitutional right of SC/STs but some are denied of the benefit," he said and expressed concern that backward classes were not getting SC/ST status after migration because some states do not recognise those castes for reservation benefits.
Not only CPI-M, but members of other parties including BSP, BJD, Congress raised the issue.
To this, the Minister said "if states want to include those castes in the list, they can do so and provide reservation benefits. They have powers to do so."
As per the Supreme Court verdict, the central government officials, if they move to other states, will continue to get reservation irrespective of the state policy, he said.
Earlier, the opposition, citing the case of Hyderabad
student Rohith Vemula, accused the government of not being sincere in working for the interest of the Scheduled Caste.
However, the opposition supported "with a sad heart", government's bill to include certain castes, including Sais, Aheria and Peruvannan, in the list of Scheduled Castes (SC) in states of Chhattisgarh, Haryana, Kerala, Odisha and West Bengal.
"I stand in support of the Bill with a sad heart," JD(U) leader K C Tyagi said as the The Constitution (Scheduled Castes) Order (Amendment) Bill, 2016, passed by the Lok Sabha, was taken up for discussion.
He said it was a matter of shame that caste system continues to exist in the country even after so many years of independence.
He took on Social Justice Minister Thawar Chand Gehlot and said he was disappointed that he did not visit the Hyderabad university after the death of Rohith.
Tyagi told the Minister that it was people belonging to his own political family that forced Rohith to take his life as he cited the crime figures to highlight the various atrocities being committed against the Schedule Caste across the country.
"I urge the government not to create such a vicious circle for such communities," he said.
He criticised the low presence of MPs in the House saying more should have been present when such an important issue was being discussed.
Tyagi said the Britishers had never intentionally victimized a dalit based on caste and also cited an example of a schedule caste server of the Indian Parliament in 1947 who had converted to Christianity to escape the ostracism.
Congress leader Shamsher Singh Dullo said he supported the Bill but expressed his anguish over the fact that people are still being persecuted because of their caste.
"It is ironical that we still have a caste system in the country," he said as he attacked the NDA government for not giving any important Ministry to people from the Scheduled Caste.
"The country may have got freedom but the poor and the Scheduled Caste are still to get freedom," he said.
He also said that there is disparity in various services and judiciary even though educated SC people are sitting without any jobs.
Taking a dig at the Modi government, he said celebrating B R Ambedkar's birthday was not enough as intentions also have to clear.
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On extending reservation benefits to converted dalits, the Social Justice Minister said, "The Supreme Court as well as governments in 1945 and 1956 have considered such subjects and every government has disagreed. SC status is given to those who are treated as untouchables. We are not in a situation to implement going beyond the Supreme Court judgement."
Replying to members who accused the government of being insensitive towards SCs while referring to Rohit Vemula case, Gehlot said, "11 students including some SCs and STs had committed suicide before Rohith's death. How many leaders went and provide relief to their families?"
"Who is responsible for the problems of SC/STs? The party which ruled for 60 years did not do much for them. You can find answers yourself," he said, adding that the current NDA regime is totally committed to backward classes.
"Since Jan Sangh period, we are very soft towards SC/STs. We also respect B R Ambedkar. We will go every village to implement the provision to help this section," he added.
Highlighting measures taken to address atrocities against this section, the Minister said a law with stringent punitive measures has been put in place to protect backward classes.
He also informed that there is a decline in backlog in providing job reservation in various states. The government is making efforts to release the caste census soon.
On complaints that the government has not submitted the annual reports of SC/ST Commissions to the Parliament, the Minister said all reports upto 2013-14 have beeen placed before the House.
On demand to include a particular caste in Odisha into SC list, he said that Registrar General of India (RGI) has approved and a report has been sent to the SC Commission. "We will try to bring that amendment in the bill soon."
Replying to a Congress member's complaint that Prime Minister Narendra Modi has not fulfilled a poll promise of including six tribes in Assam in ST category, the Minister said the state government has not yet submitted the proposal in this regard.
While participating in the debate, Ripun Bora (Cong) said, "A proposal to include six tribes in Assam in ST list is pending at Centre. In 2014 general elections, the Prime Minister had promised to include these six tribes in six months. Six months have gone long back.
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Veer Singh (BSP) wanted the government to revise reservation norms keeping in view the growing SC population in the country. He also demanded reservaton benefits to SC/STs in all states.
"There are states where some castes are in reservation category, but they are not recognised for reservation benefits in others states. In such a situation, a person who shifts to other states tend to lose out the benefits. There should be equal recognision of the caste status in all states," he said.
Singh also complained that SC quota not being filled up in government departments and sought the government to pay attention to this matter and clear the backlog.
He also sought reservation for SC/STs in private jobs.
K Somaprasad (CPI-M) also raised concerned over losing of SC status due to migration. "This is unfair and against the Constitution. Only Centre can take appropriate steps."
He also demanded reservation in the private sector.
Echoing similar views, Dilip Kumar Tirkey (BJD) demanded that the government should review the SC/STs list and updated it.
Demanding recognition to dalits in all states, D Raja (CPI) said, "A dalit in Tamil Nadu is not recognised as dalit in Maharasthra. A dalit in Haryana not recognised as dalit in Delhi. Dalits are dalits wherever they go. Reservation is a state policy and should be implemented effectively."
He also sought reservation in private jobs and questioned, "What is private about private sector. They get all concessions including land and electricity from government. Time has come, private sector should accept and implement the policy of reservation for SC/ST and OBCs."
He also sought to know the status on scheduled caste component plan and tribal sub-plan besides demanding statutory powers to National Commission on Scheduled Caste and National Commission on Scheduled Tribes.
Raja also mentioned that the government has not submitted the report of the comissions yet.
Jesudasu Seelam (Cong) demanded that the government should call a conference to relook at the criteria to include a caste in the backward list. He also demanded inclusion of converted dalits in the list.
