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Friday, Aug 26, 2005

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Parliamentary committee slams Ministry

Special Correspondent

Non-enactment of comprehensive legislation on SC/ST reservation in services

NEW DELHI: The Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes has expressed unhappiness over the failure of the Ministry of Personnel, Public Grievances and Pensions for not enacting a comprehensive legislation on reservation in services in spite of repeated recommendations of the Committee in its earlier reports.

The Committee reiterates that the Government should bring a comprehensive legislation on reservation for SCs and STs and to include it in the Ninth Schedule.

Not accepting the reasons put forth by the Government regarding non-enactment of a legislation on reservation for SCs and STs in services, the Committee has said that the views of the Attorney-General in this regard should not be considered as final and exclusive as Article 46 of the Constitution enjoins upon the state to promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the SCs/STs and to protect them from social injustice and all forms of exploitation.

In the opinion of the Committee, it would not, in any way, affect the equality aspect of the Constitution as referred to by the Attorney-General with regard to the observation of the Supreme Court in the case of M.G. Badappanavar vs State of Karnataka.

The Committee is also "distressed'' to note that the relaxations and concessions provided to the SCs/STs did not make much impact as the shortfall in various posts reserved for them still existed. Even after 57 years of Independence, the group A and B posts meant for SCs and all the posts meant for STs have not been filled up despite the Government claiming to have provided relaxations and concessions to these communities.

Surely, the Government have failed not because the relaxations and concessions were inadequate but because of the absence of zeal to implement these relaxations and concessions in letter and spirit. There is a need for a serious exercise to find out as to how the relaxations and concessions could be implemented in the most effective manners so as to help these communities to occupy the posts reserved for them in Government Departments and Public Undertakings, the report has pointed out.

The Committee on the basis of the reply of the Government has concluded that no serious thought was given to its recommendations and felt that the aim of the Government should be to provide maximum benefits for the welfare of SCs and STs as guaranteed by the Constitution, and while providing benefits to them, intention of the implementing authority should be clear and unbiased.

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