Problems of Implementation in India's Office of the Commissioner for Scheduled Castes
| Date | 01 December 1970 |
| DOI | 10.1177/106591297002300403 |
| Published date | 01 December 1970 |
| Author | Marguerite J. Fisher |
| Subject Matter | Articles |
715
PROBLEMS
OF
IMPLEMENTATION
IN
INDIA’S
OFFICE
OF
THE
COMMISSIONER
FOR
SCHEDULED
CASTES
MARGUERITE
J.
FISHER
Syracuse
University
HE
SCOPE
and
extent
of
untouchability,
and
governmental
measures
to
t
improve
the
lot
of
the
untouchables,’
constitute
a
sensitive
and
controversial
subject
in
the
Republic
of
India.
The
constitution
which
went
into
effect
in
1950
contains
a
number
of
statements
on
the
subject,
including
Article
17
which
declares
that
untouchability
has
been
outlawed,
and
Articles
15,
16,
19,
23,
25
and
29,
which
prohibit
various
forms
of
discrimination
based
on
caste
and
untouch-
ability.
The
constitutional
prohibitions
were
strengthened
by
implementing
legislation,
including
the
federal
Untouchability
Offences
Act
of
1955.
The
federal
law
was
in
turn
followed
by
the
passage
of
similar
legislation
on
the
state
level.
But,
as
Americans
have
discovered
in
the
field
of
civil
rights,
constitutional
and
legislative
provisions
are
likely
to
remain
mere
paper
prohibitions
unless
they
are
carried
out
by
forceful
administration
by
specific
governmental
agencies
vested
with
clear
responsibilities
and
powers.
That
such
administrative
implementation
and
enforcement
have
been
limited
in
India
since
1950
is
revealed
year
after
year
in
the
Annual
Reports
of
the
Corn-
missioner
for
Scheduled
Castes
and
Scheduled
Tribes.
Issued
annually
since
the
first
Report
which
covered
the
period
1951-52,
the
Reports
are
a
repository
of
factual
information
and
hopeful
suggestions.
But,
as
the
Seventeenth
Report,
for
1967-68,
makes
clear
in
its
voluminous
pages,
progress
in
the
eradication
of
un-
touchability
and
the
rehabilitation
of
the
untouchables
has
been
slower
than
was
originally
anticipated.
According
to
the
Office
of
the
Commissioner
for
Scheduled
Castes
in
July,
1968,
there
were
approximately
75
million
persons
still
categorized
as
untouchables,
or
&dquo;members
of
the
Scheduled
Castes.&dquo;
2
The
Office
of
the
Commissioner
for
Scheduled
Castes
and
Scheduled
Tribes.
3
in
New
Delhi
was
established
as
a
&dquo;central
watchdog,&dquo;
to
collect
information,
con-
duct
surveys
and
investigations,
make
suggestions,
and
recommend
ameliorative
measures.
The
Commissioner’s
Office
is
supposed
to
investigate
and
report
on
what
is
being
done
by
all
branches
of
the
government,
central
and
state.
The
agency
has
gone
through
a
number
of
organizational
changes
since
its
inception.
But
its
basic
purpose
is
stated
as
follows
in
Article
338
of
the
constitution:
( 1 )
There
shall
be
a
Special
Officer of
the
Scheduled
Castes
and
Scheduled
Tribes
to
be
appointed
by
the
President;
(2)
It
shall
be
the
duty
of
the
Special
Officer
to
investigate
all
1
The
untouchables
are
consistently
referred
to
in
India
by
the
euphemism,
"Scheduled
Castes."
They
may
also
be
called
"Harijans,"
a
name
originated
by
Gandhi,
which
means
"Children
of
God."
2
Interview
with
C.
Sekharan,
staff
member
of
the
Office of
the
Commissioner
for
Scheduled
Castes
and
Scheduled
Tribes,
New
Delhi,
July
20,
1968.
The
1961
Census
recorded
64.5
million
untouchables.
3
This
is
the
complete
name
of
the
agency.
But,
since
only
the
Scheduled
Castes
are
to
be
considered
in
this
article,
the
agency
will
be
referred
to
as
the
"Office
of
the
Commis-
sioner
for
Scheduled
Castes."
716
matters
relating
to
the
safeguards
provided
for
the
Scheduled
Castes
and
Scheduled
Tribes
under
this
Constitution
and
report
to
the
President
upon
the
working
of
these
safeguards
at
such
intervals
as
the
President
may
direct,
and
the
President
shall
cause
all
such
reports
to
be
laid
before
each
House
of
Parliament.
Prior
to
June
1967,
there
were
seventeen
regional
offices
located
in
the
various
states.
These
regional
offices
have
since
been
transferred
to
the
Union
Department
of
Social
Welfare.
The
closure
of
the
seventeen
regional
offices
inevitably
curtailed
the
already
limited
powers
and
capabilities
of
the
Commissioner
to
carry
out
the
duties
entrusted
to
him
by
the
constitution.
In
the
words
of
Deputy
Commissioner
Chandra,
&dquo;Our
Office
felt
that
we
needed
the
Regional
Offices,
as
one
over-all
body
like this
cannot
do
the
job.&dquo;
4
In
July
1968,
the
Commissioner’s
Office consisted
of
the
commissioner,
two
deputy
commissioners,
eight
investigators,
four
research
officers,
one
section
officer,
two
assistants,
and
a
small
administrative
and
secretarial
staff
When
asked
why
an
agency
dealing
with
a
problem
of
such
magnitude
was
granted
so
little
money
and
personnel,
Deputy
Commissioner
Chandra
replied
with
some
resignation:
&dquo;India’s
resources
are
limited,
and
it
is
difficult
in
most
countries
to
obtain
funds
for
social
reforms.
Priority
is
given
to
material
development
rather
than
human
development.&dquo;
6
KINDS
OF
DISCRIMINATION
The
seventeen
Annual
Reports
reveal
a
steady
rise
in
the
number
of
untouch-
ables,
but
some
of
the
most
fascinating
pages
in
the
Reports
contain
the
results
of
sample
surveys
conducted
by
the
Commissioner’s
Office
in
various
parts
of
the
country
to
ascertain
the
nature
and
scope
of
the
discriminations
suffered
by
the
untouchables.
For
example,
in
a
survey
of
eight
villages
in
the
state
of
Bihar,
where
Scheduled
Castes
constituted
24-54
percent
of
one
district
and
16
percent
of
another,
84
percent
of
the
respondents
(untouchables)
said
they
were
not
allowed
entry
to
the
Shiva
temple
for
worship;
85
percent
reported
that
entry
was
denied
to
the
Kali
temples;
in
a
few
cases
&dquo;the
Scheduled
Caste
persons
were
allowed
to
worship
the
Deity,
but
only
standing
from
a
platform
outside
the
tem-
ple&dquo; ;
85
percent
of
the
informants
stated
that
the
Scheduled
Castes
were
not
allowed
to
draw
water
from
the
wells
used
by
Caste
Hindus;
with
regard
to
social
contacts,
93
percent
stated
that
on
occasions
such
as
religious
functions
or
marriage,
the
Scheduled
Caste
persons
were
allowed
to
participate
in
the
feast
only
after
Caste
Hindus
had
finished,
and
even
when
asked
to
attend,
were
seated
in
a
sepa-
rate
group.7
7
In
a
similar
survey
of
18
towns
and
22
villages
in
the
State
of
Gujarat,
the
Scheduled
Castes
&dquo;did
not
have
free
access
to
temples,&dquo;
and
&dquo;a
tendency
of
open-
ing
separate
temples
for
the
Scheduled
Castes
was
observed
in
38
out
of
the
40
places
surveyed&dquo;;
in
all
40
places
the
Scheduled
Castes
were
&dquo;not
allowed
to
draw
4
Interview
with
Deputy
Commissioner
Chandra,
New
Delhi,
July
18,
1968.
5
Ibid.
6
Interview,
New
Delhi,
July
17,
1968.
7
Report
of
the
Commissioner
for
Scheduled
Castes
and
Scheduled
Tribes,
1964-65
(New
Delhi:
Government
of
India
Press,
1966),
p.
14.
Hereinafter
cited
as
Report
with
appropriate
date.
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