dismantling dismantling descent-based discrimination based ...

Section 44. SPECIAL INSTITUTIONAL MECHANIMS - GAPS IN IMPLEMENTATIONA review of some of the specific instruments and schemes put in place to protect the life andsecurity of Dalit communities, provide dignity and promote equal development among Dalitspresent specific gaps in implementation.4.1.The authority of the National Commission for Scheduled castes and Scheduled Tribes(NCSCST)The NCSCST has been set up to:(1) Investigate and monitor all matters relating to the safe-guards provided for SCs/STs under theConstitution or under any other law or under any order of the government and to evaluate theworking of the safeguards. (Art.338 (5)(a)(ii) Enquire into specific complaints with respect to deviation of rights and safeguards for theSCs and STs (Art.338 (5)(b).In various annual reports the Commission has brought up constraints in fulfilling its mandate:“… it has been our unfortunate experience that even after detailed inquiries and investigations,the directions and findings of the commission are not being implemented by a number ofdepartments/authorities. The problem as we see it lies not only in the attitudes of the concerneddepartments/managements, but also in the fact the powers of the commission as presentlyenunciated in Art. 338 do not clearly specify that the powers of the recommendations anddirections of the commission are binding”. 56“The commission noted that the Constitution in Art. 338 did not stipulate within what periodafter the presentation to the President the government has to place the report before theParliament for discussion. The government was taking a very long time to prepare the ‘actiontaken’report, which records the compliance by the different departments of the union or the stategovernments with the recommendations of the Commission. The suggestions/recommendationsof the Commission is accessible neither to the Parliament nor to other public institutions. Overtime they lose their importance and become in fructuous. There is a necessity of de-linkingaction taken from laying the main report in the parliament”. 574.2. Half-hearted Implementation of Reservation in Education and EmploymentThe country’s progress today is visible in the sectors of high industries, exports, imports,electronic industries….the share of the SCs and STs in the above mentioned indicators of visibleprogress is dismal. All factors are concentrated only in providing reservation in services whichalso has not reached the prescribed limit” 58 .565758III rd Report of National Commission for SCs &STs, New Delhi, 1996, pg.247IIIrd Report of the NCSCST, New Delhi, 1996, pg.24750 years of independence-a retrospect and the tasks ahead, NCSCST Report 1996-97 & 97-98, pg.19-20Dismantling Descent Based Discrimination - Report on Dalits’ Access to Rights 41