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WelfareHctliiiiiiaiiilnia

Dr, A. Ashok, i a.s. Telugu Akademi

Dr. RV. Lakshmaiah Hyderabad
UPSC& Other Competitive Examinations

Welfare Mechanism in India

AUTHORS & EDITORS

Dr.A.Ashok,IAS
Commissioner ofintermediate Education
Telangana State
Vice Chancellor,HIT,Basara

Dr.P.V.Lakshmaiah,M.V.SC.,M.A.(Ed.)
FormerAssistantProfessor
College ofVeterinaiy Science,Hyderabad
Honorary Chairperson,Dr.Lakshmaiah IAS Study Circle

Telugii Akademi
Hyderabad
Telangana
Welfare Mechanism In India; Authors & Editors: Dr.A.Ashok,Dr.
P.V.Lakshmaiah; FiistEdition:2018; Pp.viii+ 112+ iv

© TELUGUAKADEMI
Hyderabad

First Edition:2018
Copies: 1000

Published by TELUGU AKADEMI, Hyderabad- 500 029 under the

Centrally Sponsored Scheme ofProduction of Books and Literature in
Regional Languages at the University level ofthe Government of
India in the Ministry of Human Resource Development, New Delhi.

All rights whatsoever in this book are strictly

reserved and noportion ofit tncy be reproduced
by any processfor any purpose without the
written permission of the copyright owners.

Price:Rs. 50 =00

Printed in India
Laser Typeset at Uday Publications, Hyderabad
Printed at M/s Mercy Web Offset, Hyderabad
 Telugu Akademi
Coordinating Committee

Sri A.Satyanarayana Reddy, M.A.i M.Ed.

Director

Smt. C. Srividya
Coordinator

\
 Scheduled Caste Devp.Departmei
Dr. Buddhaptakash Jyoti,IAS, Government of Triangana
Mfen 'D' BlockThIrd Floor,Room No.421
Secretary to Government
'MjW T5.Seaetariat,Hyderabad.500022.
WW Off;040-23450923
^ Fax:040-23450924
EHftiall:secyscdts@gmall.com

foreword
The book "Welfare mechanism In India" has been written in such a way that it
is useful for both the general studies and anthropology optional. I whole
heartedly honor and compliment Dr Ashok IAS and Dr P V Lakshmaiah who
books for competitive exams have
have gained prominence for their previous
put tremendous effort in writing this book and getting it reieased through
Telugu Akademi.

This book is usefui not oniy for UPSC, but aiso for APPSC, TSPSC and other
competitive exams. I appreciate Dr Ashok iAS, Dr P V Lakshmaiah and Telugu
Akademi for bringing this book covering,the information on the backward
castes, scheduled castes and minorities regarding their status, problems and
steps taken by the government to improve their lives.

Dr. Buddhaprakash Jyoti, IAS

Secretary to Government
S C Development Department
Government of Telangana
 Foreword

The role played by the TeluguAkademiin stabilizing Telugu Medium at

the level ofHigher Education since its inception(1968)is well known.The
Akademi has rendered needful services to the student community at higher
education level by publishing a number ofText booksfor Intermediate,De
gree and PG Reference books.Translations,Popular series. Monographs,
Dictionaries, Glossaries,Readings and Question Banks for EAMCET are
being published over the years. Manyofthese books were reprinted anum-
ber oftimes as per the demand.

TeluguAkademihasbeenrevisingandupdatingitsPublicationsin ac
cordance with th6 prescribed syllabii as and when necessary by commission
ing Professors and Senior teachers from various Universities and Colleges in
' Telangana are Editors and Authors.

The Telugu Akademi has been preparing and publishing text books ini.
both Telugu and English Media for Intermediate and Degree level students.
Now,for the firsttime Telugu Akademi is entering into a new arena by
taking up the task ofpreparing and publishing books for the benefit ofstu
dents appearing for Civil Services Examinations conducted by UPSC
and other State examinations for key subjects in response to the popular
demand ofthe students.

Hope,this effort ofTelugu Akademifor the benefit ofstudent commu-

nity would be well received by all.
We appreciate constructive suggestions for the improvement ofthis

Director
Telugu Akademi
 Preface

In recent times anthropology has become the most sought-after

optional in the civils services examination.In the recently declared results of
civils-2017,8 rankers amongthetop 15,includingthe firstranker,have chosen
anthropology as their optional. The limited syllabus and ease of
comprehensibilityhasmadeanthropologyagoodscoringoptional.
The presentbook “Welfare Mechanism in India” has been designed
to provide well researched and crisp material for the aspirants. This book
covers the syllabus ofAnthropology Paper 2.The list oftopics ranges firorn
the characteristics ofbackward castes,scheduled castes and i^orities,their
problems and the various stepstakenbythe governmentfortheir develc^ment
Each topic has been explained in detail through maps,fi^es,tables and
mind maps so as to give a betterimderstanding ofeach topic.
This book has been written in accordance with the pattern ofquestions
can
in the recent years. Every topic has been covered so that an aspirant
obtain every information in a single book.The book can also be helpful to
understand tribal issues firorn the general studies perspective and we hope
that aspirants can use it a reference guide for their mains preparation
The previous books namelyAnthropological thought,Socio cultural
anthropology.Human evolution.Evolutionary genetics.Principles ofgenetics
and SocialIssues in Indiahavebeenreceived well bythe aspirants. We hope
thatthis book will also be appreciated and utilizedby aspirants to attain good
marks and top ranks.
Regards
Dr. A. Ashok, IAS
Dr. P.V. Lakshmaiah
 (content ]

UnitI- Scheduled castes

Chapter-I- Definitions ofscheduled castes 3-5

Chapter-II-Criteria ofuntouchability 6-9
Chapter-m-Problems and disabilities ofuntouchable castes 10-14
Chapter-IV-Constitutional provisions 15-21
Chapter-V- Legal measures 22-25
Chapter-VI- Welfare programs 26-34
Chapter VII- Social change among SCs 35-38
Unit-II-Backward classes

Chapter-I- Backward classes& constitutional safeguards 41-44

Chapter-II- Different backward classes commissions 45-50
Chapter-IQ- Reservation policy as per Mandal commission. 51-55
Chapter-IV-Arguments for and againstreservations of
backward classes 56-62
Chapter-V-Constitutional provisions 63-64
Chapter-VI- Welfare programs 65-68
Unit-ni- Minorities

Chapter-I-Population ofminorities 71-94

Chapter-II- Conversion in India 95-98
Chapter-m-Problems ofMinorities 99-104
Chapter-IV- Constitutional provisions 105-106
Chapter-V- Welfare programs 107-112
 I

Scheduled castes
 Chapter 1
Definitions ofscheduled castes

1.1 Introduction

The Scheduled Castes occupythe bottom mostrung ofthe social ladder.

They from the majority ofthe“backward” or“depressed” classes. The terms
“Scheduled Castes”signifies those groups ofpeople who were outofthe caste'
system or the Varna hierarchy in the past. They comprise the bulk of
“untouchables” or“untouchable castes”. These groups or castes have been
discriminated against by the superior castes through the ages and they never
had any kind ofsocial acceptance fix>m the majority ofthe people who belonged
to the upper the top most position in the social,political or economic field,as.a
group.Their low social position continues even now though lot ofmeasures
have been taken to make them equal with others.
1.2 Term ^^Scheduled Castes”
The term “Scheduled Castes” is a politico-legal one.It was introduced
bythe British.It was first coined bythe“Simon Commission”in 1928 and then
“GovernmentofIndia Act,1935 “listed” out or scheduled afew ofthe castes as
the mostinferior ones which required some special attention. This list ofcastes
was designated as“Scheduled Castes”. When India became independent,this
4 Welfare Mechanism in India

term was adopted bythe Constitution for the purpose ofproviding them some
special facilities and constitutional guarantees.

1.3 No precise Definition for the term ^‘Scheduled Castes’’

The term “Scheduled Castes”is nowhere defined in the Constitution with
State governments to notify by an order,the castes,races and tribes which can
deemed as“Scheduled Castes”.

Attempts towards a Definition

Sociologist have tried to define the term in their own way. We may
consider here the definitions ofDr. Majumdar and Dr.Ghurye.
1 Dr. D. N. Majumdar uses the term “Scheduled Castes to refer
mainly to the untouchable castes. He defines:“The untouchable
castes are those who suffer from various social and political
disabilities many ofwhich are traditionally prescribed and socially
99
enforced by higher castes.
2. Dr. GS.Ghurye: Scheduled castes are those groups which are
named in the Scheduled Caste Order in force time to time.
3. In spite words,theterm can be defined this way Theterm Scheduled
Castes which comprises ofthe bulk ofthe‘^touchable castes”,
included ^1 those groups which are subjectto some disabilities in
major fields oflife-social, religious,educational,economic and
political.

Example for SCs: C.B. Mampria has listed the following castes as the
mostimportantcastesthatcome underthe categoryof“untouchables”- Chamar,
Khatilk,Regar,Pasi,Kori.Dom,Dhobi,Dusadh,Balai,Mochi,Meghwal,Od,
Bagdi,Bhuiya.
Some Scheduled Caste Groups of Karnataka: Adi-Kamataka, Adi-
Dravida,Holeya,Holer,Karama,Moger,Mundala,Madiga,Bhovi,etc.
Deflnitions ofscheduled castes 5

1.4 ^1 the SCs are not Untouchables

It should be noted that all the Scheduled Caste are not untouchables.The
list ofScheduled Castes also includes some“touchable”castes.Almost about
80%ofthe Scheduled Caste are“untouchables”suffering from various kinds of
disabilities. However,people in general use the terms “Scheduled Castes”,
“Untouchables”,“Harijans”,“Dalits”,“depressed classes” in more or less the
same way without making any difference between them.

1.5 Numerical Strength and Distribution ofthe SCs.

The 2011 censusrecorded nearly20.14 crore people belonging to various

scheduled castes in the country.As per the 2001 census,the number was 16.66
crore.The Dalit population showed a decadal growth of20.8%,whereas India’s
population grew 17.7% during the same period. Dalits form around 16.6% of
India’s population.

There are around 9.79 crore women among the total SC population,and
the sex ratio works out to 946 females per 1000 males according to 2001 or
2011cencess?

Though UP has the largest chunk ofthe total SC population,Punjab has

the largest share ofdalits in its population at 31.9%.Himachal Pradesh and
West Bengal follow Punjab with 25.2% and 23.5%. In Tamil Nadu, dalits
account for about 18% of the population. Nagaland, Lakshadweep and
Andaman and NicobarIslands have no scheduled castes amongtheir population.

Four states accountfor nearly halfofthe country’s dalitpopulation,reveals

the 2011 census. Uttar Pradesh stands first with 20.5% ofthe total scheduled
caste(SC)population,followed by WestBengal with 10.7%.Bihar with 8.2%
and Tamil Nadu with 7.2%come third and fourth.
* 4c ^
 Chapter 2
Criteria ofuntouchability

2.1 Introduction
People who constitute the bottom most palace in the Indian social
stratification system are often regard as“untouchables”.All ofthem come under
the category ofwhatour Constitution calls the “Scheduled Castes”.The word
“imtouchable” applies to the despised and degraded section ofthe Hindu
population.
According to Dr. D.N. Majumdar,“the untouchable castes are those
who suffer fi-om various social and political disabilities many ofwhich are
traditionally prescribed and sociallyenforced by higher castes.”In fact,he uses
the term Scheduled Castes to refer mainly to the untouchable castes.-;
In simple words,“untouchables”are those who occupythe bottom most
place in the society and have been subjected to various social, cultural and
other kinds ofdisabilities and exploitation for their very touch is regarded as
contaminating or polluting the higher caste people.
2.2 Meaning of Untouchability
Untouchability is a mass phenomenon of group prejudices and
discrimination affecting about 140 million people. It is an ignoble practice
associated with the Indian caste system.
Criteria ofuntouchabHity 7

Untouchability is a practice in which some lower caste people are kept at

a distance.Defined ofsocial equality and made to suffer horn some disabilities
for their touch is considered to be contaminating or polluting the higher caste
people.
The practice ofimtouchability is a stigma to the Indian society. It is an
age-old practice and has its roots deep down in our social and religious system.
Gandhiji regarded this practice as“a leper wound in the whole body ofHindu
politic”. He even considered it“the hatefullest expression ofcaste”.He carried
on acampaign againstitihrougbouthis life.Though the practice ofuntouchability
in one fohn or another has been there in many other countries ofthe world,it
has taken its ugliestshape in India.Millions ofthe people have suffered from it
and the suffering still continue though with less intensity.
2.3 Some Ancient References to ‘‘Untouchable’V Castes
The untouchable castes were called by different namessuch as chandalas,
panchamas,svapachas,antyajas,atishudras,etc,during the early days.
Vedic literature also makes a mention ofsome“impure”groups which
were there as early as in 800 B.C.People bom ofthe prohibited “Pratiloma”
marriage belonged to that category and were called “Chandalas”,Svapacha”
and so on.
Manu was ofthe opinion thatthe progeny ofthe hated Pratiloma union
would become chandalas or untouchables.In the Vedic literature, wefind the
mention ofchandalas as an ethnic group originating from inter-breeding ofa
higher caste [vama]female and lower caste [vama]male.In simple words,the
chandalas who were regarded as “untouchables” were children ofthe most
hated union ofa Brahmin female with a Shudra male.

2.4 Patanjali, yet another dharmashastrakara considered

chandalas as a variety of Shudras
Mostofthe dharmashastrakaias considered the Chandalas asforming a
fifth categoryand called them Panchamas.ThePanchamas were‘untouchables’.
Since they were outside the vama system theycame to be known as“Avamas”.
A1 Beruni referred to these,“untouchables” as a social group called
“Anthyaja” constituting the last and the position in the society. Their socio
economic life was worse than that ofthe Shudras and hence they were they
called“Atishudras”
8 Welfare Mechanism in India

Criteria ofUntouchability
Untouchability in the Indian context has become hereditary.Ifa person is
regarded or branded as“untouchable”for some reason or the other,not only
he would remain throughouthis life as“untouchable”but his children also would
become“untouchable”. Still should be remembered that untouchability did not
and does not arise by birth alone. Persons become “outcastes” and
“untouchables” by being guilty of certain acts that amount to grave sins.
Untouchability indicates not only a low place in the caste hierarchy together
with the existence ofsocialand religious disabilities but also a low economic
position as well.Mostofthe scheduled castes are considered to be untouchables.
As G.B. Mamoria has cited,according to 1931 Census report,ifa caste
suffers from the following restrictions, it can be termed as an “untouchable”
caste.

(i) Inability to be served by twice bom or clean Brahmins,

(ii) Inability to be served by barbers,water carriers,tailors, hoteliers,
etc. who serve caste Hindus,

(iii) Inability to serve water to the caste Hindus,

(iv) Inabilityto enter Hindu temples,
(v) Inabilityto use public conveniences such as wells,schools,
(vi) Inability to dissociate oneselffrom a despised occupation.
2.6 Untouchability within Untouchable Castes
Certain anomalies are found among the so called‘Hmtouchable” castes.
D.N.Majumdar[1948]summarised the position ofthe depressed[untouchable]
caste in 1940sin the following way.
These castes are not depressed in.all states; the same caste may be
“depressed”in one but may not sufferfrom any social or political disability in
another. In Madhya Pradesh the same caste has different social rights and
disabilities even in adjacent districts.
The disabilities are more rigid where the depressed castes are numerically
small and fewer or on the decline,than where they are numerically strong.
Where the castes are all ofthe same ethnic stock or largely so,social
disabilities are notnumerous and are usuallyconfined to those whosefunction is
considered degrading.
Criteria ofuntouchability 9

Where the higher castes are in a minority and the depressed castes
constitute the majority,the degree ofceremonial pollution observed is quite less
and often wefind few disabilities attached to the inferior castes.
Individual members ofthe depressed castes who have succeeded in life
and who are wealthy and own property have been admitted to a higher social
status.

2.7 Gradations among Untouchables

“Itis notto be imagined that within the circle ofuntouchabilityforinstance-
there are no sub-gradations and all untouchables are equal among themselves”.
(1)Mahatma Gandhijihimselfwrote:“All the various graders ofuntouchables
are untouchable among themselves,each superior grade considering the inferior
grade as polluting as the highest class ofthe caste-Hindus regard the worst
grade ofuntouchables.”
Example:A Chamar thinks that he would be polluted by coming into
physical contact with a Dom or a Bhangi. Untouchable castes such as Bhuyar,
Byar,Khatik and Majhwar are very particularin keeping the calste theyconsider
“untouchables” at a distance.
According to Sir Blunt,“Eleven castes will nottouch a Bhangi,seventeen
will nottouch a Chamar,ten will nottouch a Dhakar,six will nottouch a Dhobi
or a Dom.”It is said that in Tamil Nadu alone there are not less than 80 sub
divisions,those atthe top considering the less fortunate oftheir own brothers as
untouchables.

****
 Chapter 3
Problems and disabilities of
untouchable castes

3.1 Introduction
Majority ofthe castes thatcome under the category of“Schedule castes”
are regarded as“untouchables”. These untouchable castes have been suffering
from various disabilities throughoutthe history.Afterindependence,the practice
ofuntouchability was declared unconstitutional,butthe fact is that it still exists.
The suffering ofthe untouchables has notcome to an end.This problem cannot
be solved an act oflegislation.
According to Dr.Majumdar,“the untouchable castes are those who suffer
fr*om various social and political disabilities, many ofwhich are traditionally
prescribed and socially enforced by the higher castes. Thus,ifhe whole bases
ofuntouchability are not destroyed,a simple provision for its legal status will
bear scanty fruits.”
The“untouchable”caste have been suffering frum various social,religious,
legal,politipal educational,economic and other disabilities;For centuries,they
were denied political representation,legal rights,civic facilities, educational
privileges and economic opportunities. During the British rule also,no proper
attention was paid to upliftthe untouchablesto relievethem frum their bondages.
Even today they are not completelyfree from the problem which made them to
Problems and disabilities of untouchable castes 11

sufferfor centuries. These problems can be grouped into three main categories,
(i)social problems(ii)economic problems and(iii)political problems.
1. Social problems and Disabilities
The untouchable castes have suffered for centuries from a number of
social problems and disabilities among which the following maybe noted,
(i)Lowest status in the Social hierarchy
In the caste hierarchy the untouchable castes are ascribed the lowest
status.They are considered to be“unholy”,“inferior’and‘low’and are looked
down upon bythe other castes. They have been suffering from the stigma of
‘untouchability’. Their very touch is considered to be polluting by the higher
caste people. Hence,they have been subject to exploitation and humiliation.
They have been treated as the servants of the other caste people. The
untouchable castes have always served the other castes, but the attitude of
higher castes is oftotal indifference and contempt.They were keptat a distance
from higher caste people.In some instances,even the exact distance which an
upper caste man was expected to keep between himselfand the “untouchables”
was specified. During the early times, they were branded as “Panchamas,
Antyajas,Svapachas.Atishudras,Chandalas,Avamas”etc. and were giyen the
bottom most place in society. The distinction that arose between Aryans and
Anaryas centuries ago culminated in the practice ofuntouchability.Anaiyas
were branded as “dasas” or servants and kept at a distance. They were not
given any good position in the army,politics and pubUc life,but made to follow
“unclean” occupations such as scavenging,removing human waste and dead
animals,tanning,shoe-making,spinning,washing clothes,barbering,supplying
water and so on. The physical touch ofthese people following “unclean”
occupations was considered enough to pollute the so called upper caste[vama]
people.Thus,the so called ‘untouchables’ were not only kept at a distance but
also denied ofvarious civic facilities.Several disabilities were attributed to them,
(ii)Civic Disabilities
For a long time,the untouchable castes were not allowed to use public
places and avail ofcivic facilities such as-village wells,ponds,temples,hostels,
hotels,schools,hospitals,lecture halls,dharmashalas,etc. They were forced to
live on the outskirts ofthe towns and villages during the early days.Even today
they are segregated from others spatially. They were not allowed to enter the
houses ofthe higher castes. They were made to work as labourers during
12 Welfare Mechanism in India

construction or repair,storing grains,etc. but later the houses were imposed on

the mode ofconstmction oftheir or cow dung.In South India,restrictions were
imposed on the mode ofconstmction oftheir houses,types ofdress and patterns
oftheir ornamentation: Some lower caste people were not allowed to carry
umbrellas,to wear shoes or golden ornaments and to milk cows. They were
prohibited from covering the upper part oftheir body.The services ofbarbers,
washermen and tailors were refused to them.In the court ofjustice,they had to
shoutfrom the pointed distance and take their chance ofbeing heard,
(iii) Educational Disabilities
The untouchables were forbidden from taking up education during the
early days. Sanskrit was denied to them.Public schools and other educational
institutions were closed forthem.Even today majorityofthem are illiterate and
ignorant,
(iv) Religious Disabilities
The untouchables also suffer from religious disabilities even today.They
are allowed to temples in many places.Even after the successful campaign of
Dr.Ambedkar demanding the untouchables right to enter the Kalaram temple
atNasik in 1930,things have not improved much.The Brahmins who offer
their priestly services to some lower castes, are not prepared to officiate the
ceremonies ofthe‘untouchable’castes.TheyVedic mantras which are considered
to be purer,could not be listened to and chanted by the untouchables because
ofthe taboos.They were only permitted to make useofthe upanishadic mantras
which are considered to be less pure and more secular. Burial grounds were
also denied to them in many places. However,things have started improving
radically in these especially after 199Gs.
2.Economic problems and Disabilities
The untouchables have been suffering fiom various economic disabilities
also,

(i) No Right ofLanded Property Ownership

For centuries the untouchables were not allowed to have land business of
their own.It is only their ownership to the property has become recognised.
The propertied people are comparatively less among them.Majority ofthem
depend upon agriculture but only afew ofthem [hardly28%]own land.
Problems and disabilities of untouchable castes 13

(ii) Selection ofOccupations Limited

The caste system imposes restrictions on the occupational choice ofthe
members.The occupational choice was very much limited forthe untouchables.
They were not allowed to take up occupations which were reserved for the
upper caste people. They were forced to stick on to the traditional inferior
occupations such as curing hides, removing the human wastes, sweeping,
scavenging,oil grinding,spinning,tanning,shoe-making,leather works,carrying
the dead animals,etc. These occupations were regarded as “degraded” and
“inferior^’,
(iii) Failure to fill the full quota ofreserved posts
The SCs have not been able to take full advantage ofthe reserved seats
allotted to them in governmentjobs.The poor educational performance ofthe
SC candidates has been the major obstacle in this regard. Though jobs are
reserved forthem in government department due to lack ofeligibility they are
not able to get into them,
(iv) Landless labourers
Majority ofuntouchable are today working as landless labourers. More
than 90% ofthe agricultural labours in India belong to the depressed classes
which include the Scheduled Caste Tribes. More than 52% ofthe Scheduled
Caste workers in rural areas are agricultural labourers.A large number ofSC
families are in debts.Their indebtedness is increasing day by day.The SCs are
economically exploited by the upper caste people.Even today they are lowest
paid workers. Some ofthem continue to suffer as bonded labourers at the
hands ofthe other higher caste people.The untouchables constituted 90% of
the total number ofthe bonded labourers found in India,according to a recent
surveyreport.It is also observed thata large number ofatrocities are committed
against the untouchables because ofeconomic reasons.
3.Political Disabilities:
The untouchable hardly participates in the political matters for centuries.
They were not given any place in politics, administration and the general
governance ofthe country. They were not allowed to hold any public post.
Political right and representation were denied to them.Under the British rule,
they were given the right to vote for the first time.After independence,equal
political opportunities and rights have been provided for the SCs also.Politically,
the SCs are yet to become a decisive force.
14 Wplfflrp IVfpfhanism in TnHia

The untouchable or the SCs living in the city are trying to organise
themselves in theform of“Dalit Sangharsha Samithi”and such other organisation
to fightfor their rights. Butthe vast mass ofrural SCs are totally unorganised.
Political parties such as “The Republican Party of India”, started by Dr.
Ambedkar,“Dalit Panthers’Party”[or 1970s],“Bahujana Samajavadi Party”
[BSP of1980s]are no doubt mobilising the SCs but so far they have not been
able to form a “dalit lobby” or“Harijan lobby” at the national level exceptin
some pockets.Their political influence is mostly localised.Their total influence
in theIndian politics is,so far,not very much impressive.
4. Atrocities against Untouchables[SCs]
Another problem confronting the untouchables is thatlotofatrocities are
being committed againstthem.In fact,such atrocities are on the increase even
now.
In some states severe caste conflicts are taking place and in manyinstances
the targets ofattack are the SCs.Bihar is notoriousfor caste conflicts. Bihar
has sheltered several “Jat senas” which take a leading role in caste conflicts.
For example,Bhoomi Sena ofKurmis,Lorik Sena ofYadavs,Brahmarshi and
Ranvir Sena ofthe Bhumihars,Ganga Sena ofthe Brahmins,and the Kunwar
Sena ofthe Rajputs,represent suchjati senas.Further,there are also the Naxal
groups ofMaoistCommunist Centre{MCC} which normallyconsist ofpeople
who belong to communities ofthe Yadavs,Koeris,and the Paswans.Thesejati
senas and Naxal groups organised mass murder in the past. The reason for
these murders was a long-standing conflict between upper caste landowners
and landless dalitfanners.The National Commission ofthe SCs and STs have
also been regularly reporting an increase in the number ofatrocities againstthe
SCs.The Central and the State governments are also seriously concerned with
these crimes.
****
 Chapter 4
Constitutional provisions

4.1 Introduction
The constitution ofIndia contains special provision and safeguards
provided to Member ofScheduled Castes under its various Articles. These
. safeguards are protective fiom discrimination fortheir Educational,Economic,
Social,Political and reservation benefits and for their overall development The
relevantArticles governing the Scheduled Castes are given below.
4.2 Safeguards for Scheduled Castes
a)Categorisation
Article 366(24)”Scheduled Castes” means such castes,races or tribes
or parts ofor groups within such castes,races or tribes as are deemed
under article 341 to be Scheduled Castes for the purpose of this
Constitution.

Article 341(1)The President may with respect to any State or Union

territory, and where it is a State after consultation with the Governor
thereof,by public notification,specify the castes,races or tribes or parts
ofor groups within castes,races or tribes which shall for the purpose of
this Constitution be deemed to be Scheduled Castes in relation to that
State or Union territory,as the case may be.
16 Welfare Meghanism in India

-> Article 341(2)Parliament may bylaw include in or exclude from the list
ofScheduled Castes specified in a notification issued under clause© any
caste,race or tribe or part ofor group within any caste,race or tribe,but
save as aforesaid a notification issued under the said clause shall not be
varied by any subsequent notification.
The safeguards provided to Scheduled Castes are grouped as follows
Social Safeguards
Economic Safeguards
Educational «& Cultural Safeguards
Political Safeguards
^ Service Safeguards
b)Social Safeguards
Article 17,23,24 and 25(2)(b)ofthe constitution enjoins upon the
state to provide social safeguards to Scheduled Castes.Article 17 relates
to abolition ofuntouchability being practiced in society.The Parliament
enacted the protection ofCivilRightsAct,1955 and the Scheduled Castes
and Scheduled Tribes(prevention ofAtrocities)Act, 1989 to tackle the
problem ofuntouchability, which is being practiced against Scheduled
Castes.

Article 23 prohibits traffic in human beings and other similarforms of

; forced labour and provides that any contravention ofthis provision shall
be an offence punishable in accordance with law.Although there is no
specific mention aboutthe SCs in this Article but majority ofthe bonded
labour come from SCs.Thus,this Article has a special significance for
them.The parliament enacted Bonded labour system(Abolition)Act,
1976 for identification,liberation and rehabilitation ofbonded labourers.
Article 24 provides that no child below the age of 14 years shall be
employed to workin anyfiictoiy or mine orengaged in any other hazardous
employment.Even in this Article,there is no specific mention aboutthe
SCs but substantial portion of child labour engaged in hazardous
employments belong to SCs.
Constitutional provisions ' 17

—> Article 25(2)(b)provides that Hindu religious institutions ofa public

character shall be opened to all classes and sections ofHindus.The term
Hindu includes persons professing Sikh,Jain,and Buddhist religion,
c)Economic Safeguards
-> Article 23, 24 and 46 form part of the economic safeguards for the
Scheduled Castes and Scheduled Tribes.

-> Article 46 Provides,‘The state shall promote with special care the
educational and economic interests ofthe weaker sections ofthe people,
and in particular,ofthe Scheduled Castes and the scheduled THbes,and
shall protectthem from social injustice and all forms ofexploitation,
d)Educational and Cultural Safeguards

—> Article15(4)Empowers the state to make special provisions for the

advancementofanysocially^d educationally backward classes ofcitizens
and for SCs. This provision has enabled the state to reserve seats for
SCs in educational institutions in general and professional courses etc.
e)Political Safeguards
Reservation ofseats for SCs/STs in the local bodies ofthe states/ UTs,
Legislative Assemblies ofthe state and in Parliament are provided in the
Constitution ofIndia as follows.
Q Article 243D Reservation of seats

a) Seats shall be reserved for (a) the Scheduled Castes, and (b) the
Scheduled Tribes in everyPanchayatand the number ofseats so reserved
shall bear,as nearly as may be,the same proportion to the total number
ofseats to be filled by direct election in thatPanchayatas the population
ofthe Scheduled Castes in the total Population ofthat area and such
seats maybe allotted byrotation to different constituencies in aPanchayat.
b) Not less than one-third ofthe total number ofseats reserved under clause
(1)shall be reserved for women belonging to the Scheduled C^tes or,
as the case may be the Scheduled Tribes,
c) Notlessthan one-third(includingthe numberofseats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes)ofthe total
number ofseats to be filled by direct election in everyPanchayat shall be
 Welfare Mbohnnkm in India

reserved for women and such seats may be allotted byrotation to different
constituencies in a Panchayat.

& Article 243T Reservation of seats

a) Seats shall be reserved for the Scheduled Castes and Scheduled

Tribes in every Municipality and the number ofseats so reserved
shall bear,as nearly as may be,the same proportion to the total
number ofseats to be filled by directelection in that Municipality
as the population ofthe Scheduled Castes in the Municipal area or
ofthe Scheduled Tribes in the Municipal area bears to the total
Population ofthat area and such seats may be allotted by rotation
to different consistenciesin a Muhidpality.

b) Notless than one-third ofthe total number ofseats reserved under

clause(I)shall be reserved for women belonging to the Scheduled
Castes or,as the case may be,the Scheduled Tribes.
c) Notlessthan one-third(including the number ofseats reserved for
women belonging to the Scheduled Castes and the Scheduled

may be allotted by rotation to different Constituencies in a

Municipality.
d) The Offices ofChairpersons in the Municipalities shall be reserved
for the Scheduled Castes, the Scheduled Tribes and women in
such manner as the Legislature ofa state may,by law,provide.
e) Thereservation ofseats under clauses(l)and(2)and the reservation
ofoffices ofChairpersons( otherthan the reservation for women)
under clause(4)shall cease to have effect on the expiration ofthe
period specified in article 334.
9 Nothing in the part shall preventthe Legislature ofa state from
making any provision for reservation ofseats in any Municipality
oroffices ofChairpersonsin the Municipalities infavourofbackward
class ofcitizens.
Constitutional provisions 19

-> Article 330 Reservation ofseats for Scheduled Castes and Scheduled
Tribes in the House ofthe people

(1) Seats shall be reserved in the House ofthe people for-

(a) the Scheduled Castes,

(b) the Scheduled Tribes except the Scheduled Tribes in the

autonomous districts ofAssam, and
(c) the(Scheduled Tribes in autonomous districts ofAssam.

(2) The number ofseats reserved in any State or Union Territory for
the Scheduled Castes or the Scheduled Tribes under clause(1)
shall,bear as nearly as may be,the same proportion to the number
ofseats allotted to that state or Union territory in the House ofthe
people as the population ofthe Scheduled Castes in the state or
Union territory or ofthe Scheduled Tribes in the State or part of
the state or Union territoiy, as the case may be,in respect ofwhich
seats are so reserved,bears to the total population ofthe State or
Union Territoiy.

(3) Notwithstanding anything contained in clause(2),the number of

seats reserved in the House ofthe people for the Scheduled Tribes
in the autonomous districts ofAssam shall bear to the total number
ofseats allotted to that State a proportion notlessthan the population
ofScheduled Tribes in the said autonomous districts bears to the
total population ofthe state.
-> Article 332 Reservation ofseats for Scheduled Castes and Scheduled
Tribes in the Legislative Assemblies ofthe States:-
(1) Seats shall bereserved forthe Scheduled Castes and the Scheduled
Tribes exceptthe Scheduled Tribes in the autonomous districts of
Assam,in the Legislative Assembly ofevery State.
(2) Seats shall be reserved also for the autonomous districts in the
Legislative Assemblyofthe State ofAssam.
(3) The Number ofseats reserved for the Scheduled Castes or the
Scheduled Tribes in the Legislative Assembly ofany State under
clause(1)shall bear,as nearly as maybe,the sameproportion to
 Wplfarp Mpphanism in India

the total number ofseats in the Assembly as the population ofthe

Scheduled Castes in the State or ofthe Scheduled Tribes in the
State or part ofthe State,as the case may be,in respect ofwhich
seats are so reserved,bears to the total population ofthe State.
Article 334 Reservation ofseats and special representation to cease after
skty years notwithstanding anythingin theforegoingProvision ofthis Para,
the provisions ofthis Constitution relating to
(a) ’The reservation ofseatsfor the Scheduled Castes and the Scheduled
Tribes in the House ofthe people and in the Legislative Assemblies
ofthe States and

(b) The representation ofthe Anglo-Indian Community in the House

ofthe People and in the Legislative Assemblies ofthe States by
nomination,shall cease to have effecton the expiration ofa period
ofsixty years from the commencementofthe Constitution.
Service Safeguards
a. Service safeguards are contained in Articles 16(4), 16(4A),and 335.
b. Article 16(4)Nothing in this article shall prevent the State from making '
any provision for the reservation ofappointments or posts in favour of
any backward class ofcitizens which,in the opinion ofthe State ,is not
adequately represented in the services under State,
c. Article 16(4A)Nothing in this article shall preventthe State from making
any provision for reservation in matters ofpromotion to any class or
classes ofposts in the services under the State in favour ofthe Scheduled
Castes and the Scheduled Tribes which,in the opinion ofthe State are
not adequately represented in the services under the State,
d. Article 335 Claims ofScheduled Castes and Scheduled tribes to services
and posts- The claims of the members ofthe Scheduled Castes and
Scheduled Tribes shall be taken into consideration,consistently with the
maintenance ofefficiencyofadministration,in the making ofappointnients
to services and posts in connection with the affairs ofthe Union or ofa
State.
Constitutional provisions 21

In the year 2001, the Parliament through Constitution (Eighty-fifth

Amendment)Act,2011 amended the provisions contained in Articles 16(4A).
9^
In Article 16(4A)for the words:- In matters ofpromotion to any class has
been substituted.The effect ofthis amendment is that the SCs/STs promoted
earlier than their counter-part in general category by virtue ofreservation policy
shall be senior to general category in the promoted scale/post One ofthe most
important mandated provisions atArticle 338 ofthe constitution is Section(9)
which stipulate that‘The Union &every State Govt,shall consult the National
Commission forScheduled Castes on all majorpolicymatters affecting Scheduled
Castes”.

* ♦**
 Chapter 5
Legal measures

5.1 Introduction

Special social enactments have come into force from time to time for
SCsin orderto uphold the constitutional mandate and safeguard the interests of
Dalits in India.

The major legal enactments atthe national level are;

(i) Protection ofCivil Rights Act,1955;

The Protection ofCivil Rights Act,1955 wasenacted in furtherance
ofArticle 17 ofthe constitution to abolish untouchability and its practice in any
form:In pursuance ofthe provision ofthe Article 17 ofthe Constitution which
declares the practice ofuntouchability a punishable offence,the Parliament
● passedtheUntouchabilityoffencesAct,1955.Itwaslatersubstitutedbythe
Protecting ofCivil Rights Act, 1976.According to this Act the offences of
untouchabilityinclude thefollowing.
Offences of Untouchability as per the “Protection of Civil Rights Act^
1976”
Legal measures
23

(i) Committing anykind ofsocial injustice,such as access to anyshop,

restaurant,public hospital,educational institution or any place of
public entertainment

(iO Preventing aperson,on the ground ofuntouchability,from entering

a place ofworship and offering prayers, or from drinking water
from a public well or spring,

(iii) Refusal to sell goods or render services to a person on the grounds

ofuntouchabliltyis an offence punishable with imprisonmentfor six
months or a fine up to Rs.500 or 2000 rupees? both,
(iv) Enfoicingoccupational,professional,tradedisabihtiesinthematter
ofenjoyment ofany benefit under a charitable trust, etc.
(v) Enforcing occupational,professional,trade disabilities in the matter
ofenjoyment ofany benefit under a charitable trust, etc.

1. Scheduled Caste/Scheduled Tribe(Prevention ofAtrocities)Act,

1989

The Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities)Act,1989 was brought into force from 30th Januaiy 1990 in
order to check and deter crimes against SCs/STs by persons belonging
to other communities. These enactments have extended the positive
discrimination in favour ofSCs and STsto the field ofcriminal law in as
much as they prescribe penalties that are more stringent than the
corresponding offences underIndian Penal Code Ctt>C)and other laws.
Special Courts have been established in major states for speedy trial of
cases registered exclusively undertheseActs.

Scheduled Castes and Scheduled Tribes[Prevention ofAtrocities]

Act, 1989 describes the following acts as punishable crimes:
1.
Forcibly occupying and cultivating the land ofSC/ST ihan.

2. Confiscating the land/property ofany SC/ST person.

3. Forcing an SC/ST person to eat or drink some disgraceful

substance.
 Wplfarp M*»«'hanigm in India

4. Throwing into the house or the neighbourhood ofSC/ST person

anyrubbish or dead animal etc.to humiliate him.
5. Forcibly snatching awaythe clothes from the bodyofSC/St person
and making him naked.

6. Insulting a SC/ST person in some way or the other.

7. Sexual harassment ofa SC/ST woman.
#■

8. Molesting or raping a SC/ST woman.

9. Polluting the drinking water used by any SC/ST person.

10. ForciblyevacuatingaSC/ST person from his house,neighbourhood

orvillage.
11. Preventing an SC/ST person from votingorforcing him to votefor
. a particular person.
12. CompellinganSC/STpersonforforcedlabourorusinghimasa
bonded labourer.

Special measure undertaken by some States to Give Protection to SCs/

STs Against Atrocities:
In order assure security and give more protection to the SCs and STs
some states have resorted to some special measures among which the following
may be noted.
1. Assisting the SCsm obtaining the possession of lands belonging or
allotted to them;

2. Helping the SCs agricultural labourers the possession of lands

belonging or allotted to them;
3. Setting up state-level communities to look after various aspects
concerning the welfare of the SCs.
4. Fstahli«hing Special sc cells under the DIG Police to ensure that "
crimes against the SCs are properly registered, investigated and
quickly prosecuted.
 Legal measures 25

5. To ensure quick disposal ofcases pertaining to the SCs special

courts are set up in some states.
6. The bureaucratic machinery is properly dealt with for solving of
low wages,etc.,concerning the SCs.
7. Specially instructing the police authorities to treat cases ofcrimes
against the SCs as special cases and arrange for quick trial and
prosecution.
2. The‘Pi*ohibition ofEmploymentas ManualScavengers and their
RehabiUtation Act,2013’(MS Act,2013):

Eradication ofdry latrines and manual scavenging and rehabilitation of

manual scavengers in alternative occupation has been an area ofhigh priority
forthe Government.Towards this end,a multi-pronged strategy was followed,
consisting ofthefollowing legislative as well as programmatic interventions:

Litegrated Low Cost Sanitation(ILCS)Scheme for conversion of

dry latrines into sanitary latrines in urban areas;and
y/'
Launching ofNational Schemefor Liberation and Rehabilitation of
Scavengers(NSLRS).

SelfEmploymentScheme for Rehabilitation ofManual Scavengere.

♦ « ♦ He

3
 Chapter 6
Welfare programs

1. Appointment ofa National Commission for the welfare ofScheduled

Castes.
ANational Commission ofthe Scheduled Tribes has been set up by the
Central Governmentto safeguard the interests ofthe SCs and STs.Itfunctions
as an advisory body on issue and policies related to the development ofthe
SCs and STs.The State Governments have separate departments to look after
the welfare ofthe SCs and STs.Their administrative set up varies from state to
state.
2. EducationalEmpowerment
Various scholarships are provided to the students belonging to the
Scheduled Castes(SCs)to ensure that education is not denied due to the poor
financial condition oftheir families. These Scholarships are provided at both
pre-matric and post-matric levels.Scholarships are also provided to SC students
for obtaining highereducation in Indiaand abroad,including premier educational
institutions.The Scholarships can broadly be classified into the following three
types:
a) Pre-Matric Scholarships:The objective ofthe pre-matric Scheme
is to support the parents ofSC children for educating their wards,so
that the incidence ofdrop outs atthis stage is minimized.
Welfare programs 27

b) Pre-Matric Scholarship to the Children of those engaged in

occupations involving cleaning and prone to health hazards: This
is also a centrallysponsored scheme,which is implemented bythe State
Governments and Union TerritoryAdministrations,which receive 100%
central assistancefrom the GovernmentofIndia forthe total expenditure
under the scheme,over and above theirrespective Committed Liability,
c) Post Matric Scholarship for Scheduled Caste Students(PMS-
SC): The Scheme is the single largest intervention by Government of
Indiafor educational empowerment ofscheduled caste students. This
is a centrally sponsored scheme. 100% central assistance is released to
State Govemments/UTs for expenditure incurred by them under the
scheme over and above their respective committed liability,
d) Scholarships for obtaining Higher Education and Coaching
Scheme: These include:
1) Top Class Education for Scheduled Caste Students:The objective
ofthe Scheme is to proinote qualitative education amongst students
belonging to Scheduled Castes,byproviding full financial support for
pursuing studies beyond 12th class,in notified institutes ofexcellence
like IITs, NITs, IIMs, reputed Medical/Law and other institutions.
Scholarship is awarded to the eligible SC students on securing admission
in anyofthe institutions notified bythe Ministry.
2) National Fellowship:The Scheme provides financial assistance to SC
students for pursuing research studies leading to M.Phil,Ph.D and
equivalent research degrees.
3). National Overseas Scholarship: The Scheme provides assist^ce
to students belongingto SCs,de-notified,nomadic,semi-nomadic tribes
etc for pursuing higher studies of Master level courses and PhD
programmes abroad.
4) Free Coaching for SC and OBC Students: The objective of the
Scheme is to provide coaching of good quality for economically
disadvantaged SC and OBC candidates to enable them to appear in
competitive examinations and succeed in obtaining an appropriatejob
in Public/Private sector. The Scheme provides central assistance to
institutions/centres run by the Central/State Govemments/UT
Administrations,Central/ State Universities,PSUs,Registered Private
 Wplfarp TVfAphanigm in Tndia

Institutions, NGOs,etc. Coaching is provided for Group ‘A’&‘B’

examinations conducted by the UPSC, SSC, various Railway
Recruitment Boards and State PSCs;Officers’ Grade examinations
conducted by Banks,Insurance Companies and PSUs;and Premier
Entrance examinations for admission in Engineering, Medical and
Professional courses like Management,Law etc.
3. Economic Empowerment:
National Scheduled Castes Finance and Development
Corporation(NSFDC): Set up under the Ministry,to finance income
generating activities ofScheduled Caste beneficiaries living below double
the poverty line limits(presently Rs98,000/- per annum formral areas
and Rs 1,20,000/- per annum for urban areas). NSFDC assists the
target group by wayofrefinancing loans,skill training.Entrepreneurship
Development Programmes and providing marketing support through
State Channelizing Agencies,RRBs,Public Sector Bank and Other
Institutions
^ National SafaiKaramcharis Finance and Development
Corporation(NSKFDC):It is another corporation under the Ministry
which provides credit facilities to beneficiaries amongst
SafaiKaramcharis,manualscavengers and their dependantsfor income
generating activities for socio-economic development through State
ChannelisingAgencies
Special Central Assistance(SCA)to Scheduled Castes Sub-Plan
(SCSP): It is a policy initiative for developmentofScheduled Castes in
which 100% assistance is given as an additive to SCSP ofthe States/
UTs on the basis ofcertain criteria such as SC population ofthe States/
UTs,relative backwardness ofStates/UTs,percentage ofSC families
in the States/ UTs covered by composite economic development
programmes in the State Plan to enable them to cross the poverty line,
etc. It is an umbrella strategy to ensure flow oftargeted financial and
physical benefits from all the general sectors ofdevelopment for the
benefit ofScheduled Castes. Under this Scheme,the States/UTs are
required to formulate and implement Special ComponentPlan(SCP)
for Scheduled Castes as partoftheir annual plans byearmarking resources
Welfare programs 29

Scheme of Assistance to Scheduled Castes Development

Corporations(SCDCs): Share Capital contribution is released to the
State Scheduled Castes Development Corporations(SCDCs)under a
Centrally Sponsored Scheme in the ratio of49:51 between Central
Government and State Goverrtments. There are in total 27 such State-
level Corporations which are working for the economic developmentof
Scheduled Castes,although some ofthese Corporations are also catering
to the requirements of other weaker sections of the society, e.g.
Scheduled Tribes,OBCs,Mmorities etc.The main functions ofSCDCs
include identification ofeligible SC families and motivating them to
undertake economic developmentschemes,sponsoring the schemes to
financial institutionsfor credit support,providing financial assistance in
the form ofthe margin money ata low rate ofinterest,providing subsidy
outofthefUnds made available to the States underthe Scheme ofSpecial
Central Assistance to Scheduled Castes Sub Plan ofthe States to reduce
the repayment liability and providing necessary tie up with other poverty
alleviation programrnes. The SCDCs aire pla3dng an important role in
providing credit and missing inputs byway ofmargin money loans and
subsidyto the target group.The SCDCs financethe employmentoriented
schemes covering diverse areas ofeconomic activities which inter-alia
include(i)agriculture and allied activities including minor irrigation(ii)
small scale industry(iii)transport and(iv)trade-and service sector
Venture Capital Fund for Scheduled Castes: The objective ofthe
fund is to promote entrepreneurship amongstthe Scheduled Castes who
are oriented towards innovation and growth technologies and to provide
concessional finance to the scheduled caste entrepreneurs. The fund
has been launched on 16.01.2015.During 2014-15,Rs.200Crore were
released initiallyfor the Fund toffCl Limited,which is a Nodal agency
to implementit
Credit Enhancement Guarantee Scheme for Scheduled
Castes: The objective ofthis Scheme is to provide credit guarantee
facility to Young and start-up entrepreneurs^ belonging to Scheduled
Castes, who aspire to be part ofneo middle class category, with an
objective to encourage entrepieneurehip in the lower strata ofthe Society
resulting injob creation besides creating confidence in Scheduled Castes.
 Wplfarpi M«*phanisni in India

The Scheme has been launched on 06.05.2015.Initially,Rs.200 Crore

has been released under the Scheme to IFCI Limited,which is a Nodal
agencyto implementit.
4. UpliftmentofScheduled Castes through Schedules Caste Sub-Plan
(SCSP)
Under the Scheduled Castes Development Bureau, the Ministry
implements Schedules Caste Sub-Plan(SCSP)which is an umbrella strategy
to ensure flow oftargeted financial and physical benefits from all the general
sectors ofdevelopmentfor the benefitofScheduled Castes.Underthe strategy,
States/UTs are required to formulate and implement Special ComponentPlan
(SCP)for Scheduled Castes as part of their annual Plans by earmarking
resources, At present 27 States/UTs having sizeable SC population are
implementing Schedules Caste Sub-Plan.
Objective ofthe Scheme
1. The main objective is to give a thrust to fainily-oriented schemes of
economic development ofSCs below the poverty line, by providing
resourcesforfilling the critical gaps and for providing missing vital inputs
so that the schemes can be more meaningful. Since the schemes /
programmes for SCs may be depending upon the local occupational
pattern and the economic activities available,the Sates/UTs have been
given fiill flexibility in utilizing SCA with the only condition that it should
be utilized in conjunction with SCP and other resources available from
other sources like various Corporations,financial institution etc.
2. State Government have been given flexibility in choice ofschemesto be
implemented outofSpecial CentralAssistance,within the overall frame
work ofthe scheme.
Special Central Assistance
Special Central Assistance(SCA)to Scheduled Castes Sub Plan(SCSP)
is a central scheme urider which 100% grant is given to the States/UTs as an
additive to their Scheduled Castes Sub Plan(SCSP).
5. Other Schemes
Pradhan MantriAdarsh Gram Yojana(PMAGY):The Centrally
sponsored pilot scheme‘Pradhan Mantri Adarsh Gram Yojana’(PMAGY)is
being implemented for integrated development ofScheduled Castes(SC)
 Welfare programs 31

majority villages havingSC population concentration> 50%.Initiallythe scheme

was launched in 1000 villages in 5 States viz.Assam,Bihar,Himachal Pradesh,
Rajasthan and Tamil Nadu.The Scheme was further revised w.e.f.22.01.2015
and extended to 1500 SC majority villages in Punjab,MadhyaPradesh,Andhra
Pradesh, Karnataka, Uttar Pradesh, Telangana, Haryana, Chhattisgarh,
Jharkhand,Uttarakhand,WestBengal and Odisha.The principal objective of
the Scheme is integrated developmentofSC Majority Villages:
● Primarily through convergentimplementation ofthe relevant
Central and State schemes;
● By providing these villages Central Assistance in form ofgap
filling funds to the extent ofRs.20.00 lakh per village,to be
increased by another 5 lakh if State make a matching
contribution.

● By providing gap-filling componentto take up activities which

do not get covered under the existing Central and State
GovernmentSchemes are to be taken up under the component
of‘gap filling’.
Babu Jagjivan Ram ChhatrawasYojna: The primary objective of
the Schemeisto attractimplementing agenciesforundertakinghostel constmction
programme with a view to provide hostel facilities to SC boys and girls studying
in middle schools,higher secondary schools,colleges and universities. The
Scheme provides central assistance to State Govdmments/UTAdministrations.
Caitral&State Universities/Institutionsforfiesh Construction ofhostel buildings
and for expansion ofthe existing hostel facilities. The NGOs and deemed
Universities in private sector are eligiblefor central assistance onlyfor expansion
oftheir existing hostels facilities.
✓
Upgradation ofMerit ofSC Students: The objective ofthe Scheme
is to upgrade the merit ofScheduled Caste students studying in Class DC to Xn
by providing them with facilities for.education in residential/non-residential
schools. Central assistance is released to the State Govemments/UT
Administrationsforarrangingremedial and special coachingfor Scheduled Caste
students. While remedial coaching aims at removing deficiencies in school
subjects, special coaching is provided with a view to prepare students for
competitive examinations for entry into professional courses like Engineering
and Medical.
 ● Wolfarft lyiprhanism in India

Dr.Ambedkar Foundation: Dr.Ambedkar Foundation was set up

on 24th March 1992,as a registered body,under the Registration ofSocieties
Act,1860,under the aegis ofthe Minsitry ofWelfare,Government ofIndia.
The primary objective of setting up of the foundation is to promote Dr.
Ambedkar’sideologyand philosophyand also to administersome oftheschemes
which emanated fiom the Centenary Celebration Committee’srecommendations.
Dr.AmbedkarInternational Centre atJanpath,New Delhi: Setting
up of‘Dr.AmbedkarNational Public Library’now renarned as‘Dr.Ambedkar
International Centre’ at Janpath New Delhi was one ofthe important decisions
taken by the Centenary Celebrations Committee(CCC)of Babasaheb Dr.
B.R.Ambedkar headed by the then Hon’ble Prime Minister ofIndia.As on
date the entire land ofPlot‘A’at Janpath,New Delhi measuring 3.25 acre is in
possession ofthe M/o SJ&Efor setting up ofthe‘Centre’.The responsibiUty of
the construction of the ‘Centre’ has been assigned to National Building
Construction Corporation(NBCC)at a cost ofRs. 195.00 crore. The Hon’ble
Prime Minister has laid the foundation ofDr.Ambedkar International Centre on
20th April,2015 and has announced thatthe project will be completed within a
period of twenty months. The National Building Construction Company
(NBCC),the executing agency has already started the construction work at
site and it is at an advanced stage.
Dr.Ambedkar National Memorial at26,Alipur Road,Delhi: The
Dr.Ambedkar Mahaparinirvan Sthal at26,Alipur Road,Delhi,was dedicated
to the Nation by the then Hon’ble Prime Minister ofIndia on 02.12.2003 and
he had also inaugurated the development work at the Memorial at26,Alipur
Road,Delhi.The responsibility ofthe construction ofDr.Ambedkar National
Memorial has been assi^ied to the Central Public Works Department(CPWD)
at an approx,cost ofRs.99.00 Crore.The Hon’ble Prime Minister has laid the
foundation ofthe Memorial on 21st March,2016 and has announced that the
project will be completed within a period oftwenty months.The CPWD,the
executing agency has already started the construction work at site.
✓ Babu Jagjivan Ram National Foundation:The Babu Jagjivan Ram
National Foundation was established by the Government of India as an
autonomous organization underthe Ministry ofSocial Justice&Empowerment
and registered underThe Societies Registration Act,1860 on 14th March 2008.
The main aim ofthe foundation is to propagate the ideals ofthe late Babu
Welfare programs 33

Jagjivan Ram,on socialrefoim as wellas hisideology,philosophyoflife,mission

and vision to create a casteless and classless society.
6. Voluntary Organisations
In addition to the Governmental schemes and instruments some ofthe
voluntaryorganisationsare also playing animportantrole in promotingthe welfere
ofthe SCs.Examples:(i)Harijan Sevak Sangh[New Delhi],(ii)Indian Depressed
Classes League[New Delhi],(iii)Hind Sweepers Sevak Sangh [Delhi],(iv)
Servants ofIndia Society[Poona],(v)Indian Red Cross Society[New^Delhi],
“Ishwara Sharana Ashrama” -Alahabad,(vi) Sri Ramakrishna Mission
[Narendrapura,Purulia,Silchar,Puri],(vii)Bharatiya Admajati SevakSangh
[New Delhi],(viii)Bharatiya Samaja Unnati Mandala[Bhivandi,Maharashtra].
The Central Government has been giving financial assistance to these
organisations for their Harijan Welfare activates.
The Government also provides grants in aid to voluntary organisations of
local character working among Scheduled Castes.
Some other organisation which are notgetting anyfinancial help fiom the
Governmentare also rending yeomen service to the Scheduled Castes.Example:
“Hindu Seva Prathisthana”,“Vishwa Hindu Parishad”,the service units of
Rashtreeya Swayam Sevak Sangha,“Dalit Organisations” and a number of
Christian Missionary Organisations.
Summary
NGOs Scheme
^ Scheme ofGrantin Aid to Voluntary Organisations workingfor Scheduled
Castes
Scholarships
Pre-Matric Scholarship to the SC Students studying in classes DC&X
^ Pre-Matric Scholarships to the Children ofthose Engaged in occupations
involving cleaning and prone to health hazards
^ Post-Matric Scholarship for SC students
^ Upgradation OfMerit OfSC Students
Central Sector Scholarship ofTop Class Education for SC Students
National Overseas scholarship
^ National Fellowship for Scheduled Caste Students
34 Wglfore Mpphankm in India

Hostels
^ BABUJAGJIVANRAMCHHATRAWASYOJANA
Free Coaching
Free Coaching Scheme for SC and OBC Students
Schemes for Economic Development
CreditEnhancementGuarantee Schemeforthe Scheduled Castes(SCs)
National SafaiKaramcharis Finance and Development Corporation
(NSKFDC)

National Scheduled Castes Finance and Development Corporation

(NSFDC)
Special Central Assistance to Scheduled Caste Sub Plan(SCA to
SCSP)
^ Scheme ofAssistance to Scheduled Castes DevelopmentCorporations
(SCDCs)

(SRMS)
^ Venture Capital Fund for Scheduled Castes
Schemesfor Social Empowerment
✓ Centrally Sponsored Scheme for implementation ofthe Protection of
Civil Rights Act,1955 and the Scheduled Castes and the Scheduled
Tribes(Prevention ofAtrocities)Act,1989
^ Pradhan Mantri Adarsh Gram Yojana(PMAGY)

♦
♦
♦
 Chapter 7
Social change among SCs
7.1 Introduction
The Scheduled Castespend their socialenergyin Sanskritizing themselves
on the model ofthe locally dominant castes. They do notgain much outofthis.
Their social mobility is very much limited.They continue to remain weak in the
local power structure for asserting their rights. They still are economically
insecure.
Majority ofthe SCs are still illeterate and ignorant hence they are not
able to make use ofthe constitutional provisions guaranteed to them.The reports
ofthe National Commission oh Scheduled Caste and Scheduled Tribes reveal
thatthe crimes against SCs are increasing.
There has been aformalism about many welfere and developmentschemes
formulated for the benefit ofthese people.Lack ofenthusiasm and sincerity on
the part ofthe Government officials and agencies have also been the cause of
failure ofmanyofthe welfare schemes.
The benefits ofthe SC welfare programmes have been availed ofby a
few people belonging to Scheduled Castes. This small minority has developed
and contributes nothing for the benefit ofthe majority.
The Scheduled Castes are largely concentrated in rural areas an 90% of
them[including35% agriculturallabours]derive theirsustenancefrom agriculture.
In mostofthe villages,theycontinue to sufferfiom residential segregation.Hence,
manyoftheir disabilities still persist.
36 Wplfgrp 1VfM»haniigm in Tndifl

It is unfortunate that in spite of70 years ofcontinuous efforts to elevate

the position ofthe SCs,expected success has not been achieved. Socially,
economically and politically,their status has improved veiy little. Socially,they
have notchanged many oftheir evil customs and their status remains the same;
economically,more than 30 per cent SCs live below the poverty line and then-
occupational mobility does notlead them to social mobility;educationally,they
are very backward; politically,they are not organised and remain weak in the
local power structure for asserting their rights.
The“dalits”are also notsatisfied with theirpresentposition.Theylaunched
a nationwide campaign for the dalit human rights which focused on three
importantissues:(i)rightto touch and be touched;(ii)“no”to untouchability in
the 21^ century,and(iii)cast out caste.
The dalits demand for the effective implementation of the SC/ST
[Prevention ofAtrocities]Act and Rules,and to provide full protection to all
dalits who participate in Panchayat Rajand other institutions- only reveals that
they still suffer fi-om a sense ofinsecurity.
The SCs are still tradition-bound. They sufferfrom a sense ofinferiority
and this takes awaytheir‘push’to develop fiirther.They are not well-organised.
Onlyin citiessome“dalitorg^sations”ate trying to fightfortheirri^ts.Politically
also they are nota single homogeneous entity. Hence their political bargaining
power is comparatively less. However,their political consciousness is growing.
The younger generation among them is becoming more assertive. There is a
positive change in the attitude ofthe caste-Hindus towards the SCs.Hence the
social distance between in the two is gradually getting narrowed.The social
position ofthe SCs is comparatively better in South Indian in North India.In
Kerala,for example,the SCsdo notsufferfrom the traditionaltype ofdisabilities.
Greater changes are expected in their living styles in the years to come.
7.2 Increasing Dalit consciousness and its effects
The Untouchables or Scheduled Caste people are also generally referred
to as“dalits”. The term “dalit”has been interpreted in different ways.
1. According to the Marxists,“dalits” are those who are the victims
ofsocio-economic and political explanation.
2. According to the Ambedkar School ofthought,dalits are those
who are branded as“untouchables” on caste basis.
Social change among SCs
37

3. According to the Lohiya School ofthought,dalits are those poor

caste people including the so-called untouchables,who have been
the victims ofexploitation.
Ofthe three views cited above,the second one is more popular and
widely prevalent.Thus,“dalits” are normally understood as“untouchables”.
7.3 Increasing awareness among the Dalits
“Dalits” are becoming more and more aware ofthe position in the society.
Various constitutional provisions thatsafeguard their interests,on the one hand,
and the continuousexplanation ofthe“dalits”on the other,have led to an increase
in whatis known as“dalitconsciousness.”The continuous explanation has made
the SCs to become conscious oftheir separate ident^. They have become
self-conscious. This growing awareness in them has led to the emergence of
carious SC movements and activated the process ofSanskritization which M.N.
Srinivas had spoken of. This awareness and movements have led to certain
consequences.
7.4 Consequences of Dalit Consciousness
1. Dalit consciousness has enable the SCs in different parts ofthe country
to from political groups. Example: The Republican Party ofIndia,The
Dalit Panthers Party[Maharashtra];and the Bahujan SamajParty[U.P.,
M.P.and Punjab]could be cited here as examples.
2. Dalits are becoming increasingly aware ofthe fact that they have a great
political potential. They have decided to take advantage oftheir numerical
strength by converting it into votes. Where they cannot from their own
political parties,theyextended their support.However,in this process of
political bargain onlythe educated and the organised dalits are taking an
active role, but not the uneducated masses in the rural areas.
3. The dalits are now putting pressure on the national leadership for taking
measure to remove the social disabilities ofthe dalits.
4. Theyhavebeendemandingtheeffectiveimplementationoftheconstitutional
safeguards to protect their interests.
5. The dalits have launched various “alternative movements” which Dr.
Ambedkar had advocate,and also afew “integrative movements”strongly
recommended by Gandhiji. The alternative movements led to the caste
consolidation ofthe SCs by fusion ofa number ofsub-castes into one.
caste group. Example: In Maharashtra, more than 52 sub-castes of
Mahars gotfused to forge one community
 Wplfarp lyipchanism in India

6. Apartfrom these movements,the dalits,especially the educated ones,

are becomingindividuallyconscious ofachieving social mobility.
An analysis ofdalit consciousness and its effects invites lot ofquestions;
Willthe dalits ever be integrated into the main stream ofthe Hindu society? Will
they insist on reservation for all times to come? Will this consciousness help
them to forge ahead economically and educationally? Or will this lead to ever
deeper conflicts with the other caste groups in the society? Willthis consciousness
help them to tread the path ofpeace,co-operation and harmony,or the path of
conflict and confrontation with the other groups? What will be the impact of
dahtconsciousness on the laiger Hindu society? Will they wind up the practice
ofuntouchability? M^y questions like this crop up in our mind demanding an
answer.
It is difficultto find a satisfactory answer for each one ofthese. On the
whole,the discussion could besummed up by quoting the viewsofSachidananda
[1976]:He holds that“the combination offactors like ameliorative efforts ofthe
'government,the growing consciousness ofthe dalits and the liberal attitudes of
caste Hindu will diminish the disabilities and discriminations with the passage of
time.”
Questions
1. Mention various developmental programmes implemented forthe socio
economic well-being ofScheduled castes.Dothese programmes fulfil
their aspiration? Discuss.60(2001)
2. Critically examine the merits and demerits ofreservation policyfor the
Scheduled tribes. Scheduled castes and other backward classes.60
(2002)
3. Implications ofrecentPresidential orders relating to Scheduled Tribes
and Scheduled Castes(2003)
4. National Commission for SCs and STs(2004)
5. Constitutional Safeguards for Scheduled Castes(2007)
6. Examine the factors responsible forthe exploitation ofscheduled caste
in India.(2016)
7. Critically discuss the constitutional safeguards for the Schedule
Castes.(2017)
4! 4c He 4«
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 “In this condition of mind and body he remained in the city for
some time, wandering about here and there; until one day, while
standing at the Worsham House corner, he became involved in a
quarrel with one James Dolan, a member of the Eighth Missouri
Regiment, a large and powerful man, while Black was a man of
medium height and stature. Words between the parties waged
furious, and finally Dolan struck Black with a cane which he had with
him; but quickly warding off the blow, Black wrenched the cane from
his adversary and dealt him a blow, which so fractured the skull of
Dolan as to cause death within a short time thereafter. Black effected
his escape from the city, and with a couple of accomplices, began a
system of wholesale murder and robbery on the Hernando road. The
atrocity and boldness of these acts created the greatest excitement
in Memphis.
“Several parties were robbed of sums varying from one to as high
as ten thousand dollars, and, in one instance, a speculator was
compelled to disgorge to the amount of five thousand dollars in gold.
Of course, these rascals, of whom Black was the leader, often met
with men who would make resistance rather than give up their
money; and in this way no less than three or four fell victims to the
fiendish spirit exhibited by these scoundrels. It was finally agreed
upon by the military commanders of the district, on both sides, that
means should be taken which would insure their capture.
Accordingly a squad of Blythe’s battalion, of the rebel army, were
sent in pursuit, and succeeded in capturing, about ten miles out of
the city, Black and his companion, a fellow young in years, named
Whelan. They were placed in the guard-house in Hernando, we
believe, and at a pre-concerted signal attacked the guard, and
mounting some horses belonging to the soldiers, made off at a rapid
rate. The guard immediately started in pursuit, and coming upon
Whelan, who was some distance behind Black, shot and killed him.
Black again escaped, and applied himself with more vigor than ever
to the plundering, stealing and robbing of everybody and everything
that came within his reach. He would frequently ride into this city at
night, passing through the lines at will; and, as an instance of his
audacity, on one occasion rode down Adams street, and fired
several shots into the station house. It was reported that he had
accumulated large sums of money, and the report proved correct. As
his business became either too tiresome or too dangerous, he came
to the city, disguised, and took passage on a boat for the North.
Since that time, and until recently, nothing has been heard from him.
It seems that after leaving Memphis, he went to St. Paul, Minnesota,
and embarked in the staging and saloon business, under his proper
name, John Keene. His restless spirit could not stand the monotony
of such a dull business (to him), and, organizing a band of some
twenty men, he started for the Territories.”
 CHAPTER XXIX.
capture and execution of jake silvie alias
jacob seachriest, a road agent and murderer
of twelve years standing, and the slayer of
twelve men.

“Whoso sheddeth man’s blood, by man shall his blood be

shed.”
God’s Law.
The crimes and punishment of many a daring desperado, have
been chronicled in these pages; but among them all, none was more
worthy of death than the blood-stained miscreant whose well
deserved fate is recorded in this chapter. According to his own
confession—made, when all hope was gone, and death was
inevitable, and when nothing was to be gained by such a statement,
but the disburdening of a conscience oppressed by the weight of
guilt—Jacob Seachriest was a native of Pennsylvania, and had been
a thief, Road Agent and murderer for twelve years; during which time
he had murdered, single-handed or in company with others, twelve
individuals.
In a former chapter of this history—the one detailing the arrest and
execution of Jem Kelly at Snake River—it will be remembered that
the body of a man, shot through the back of the head, was found in a
creek by a patrol of the Vigilantes, and buried in a willow coffin. The
full particulars of the tragedy we are unable to furnish to our readers;
but Seachriest confessed that he and his comrades cast lots to
determine who should commit the bloody deed, it being repugnant,
even to their notions of manhood, to crawl up behind an unarmed
man, sitting quietly on the bank of a creek, and to kill him for the
sake of what he might chance to possess, without exchanging a
word. The “hazard of the die” pointed out Seachriest as the assassin;
and with his pistol ready cocked, he stole upon his victim and killed
him instantly, by sending a ball through his brain. A stone was
fastened to the body, and it was sunk in a hole formed by an eddy, in
the stream, the thieves having first appropriated every article of
value about his person.
The captain was much moved by the sad spectacle, though well
accustomed to the sight of murdered victims, having served through
the war against the border ruffians, in “Bleeding Kansas,” and having
gone through a chequered career of adventure, including five years
life by the camp-fire. He said, with much emotion, “Boys, something
tells me I’ll be at the hanging of this man’s murderer, within twelve
months of this day;” and so it fell out, though most unexpectedly.
Shortly after the execution of John Keene for the murder of Slater,
information was sent to the Committee, that a man named Jake
Silvie had been arrested at Diamond City—a flourishing new mining
camp in Confederate Gulch, one of the largest and richest of the
placer diggings of Montana. The town is about fifteen miles beyond
the Missouri, and about forty miles East of Helena. The charges
against the culprit were robbery, obtaining goods under false
pretenses, and various other crimes of a kindred sort. It was also
intimated that he was a man of general bad character, and that he
had confessed enough to warrant the Committee in holding him for
further examination, though the proof of his commission of the
principal offense of which he was accused was not greater, at the
time, than would amount to a strong presumption of guilt.
The messenger brought with him copies of the confession made
by the prisoner, under oath, before the proper person to receive an
obligation. The substance of his story was that he was an honest,
hard-working miner; that he had just come into the country, by the
way of Salt Lake City; that on reaching Virginia City, and while under
the influence of liquor, he had fallen into bad company, and was
initiated into an organized band of robbers. He gave the names of
about a dozen of the members of the gang, and minutely described
the signs of recognition, etc. It was evident, from his account that the
ceremonies attending the entry into this villainous fraternity were
simple and forcible, although not legal. The candidate was placed in
the center of a circle formed of desperadoes; one or two revolvers at
full cock were presented at his head, and he was then informed that
his taking the obligation was to be a purely voluntary act on his part;
for that he was at perfect liberty to refuse to do so; only, in that
case, that his brains would be blown out without any further
ceremony. Though not a man of any education, Silvie could not
afford to lose his brains, having only one set, and he therefore
consented to proceed, and swore through a long formula, of which,
he said he recollected very little, distinctly, except a pledge of
secrecy and of fidelity to the band.
On receipt of the intelligence, a captain, with a squad of four or
five men, was immediately dispatched to Diamond City, with orders
to bring the prisoner to Helena as soon as possible. The party lost
but little time in the performance of their duty, and on the following
day the chief of the Committee rode out, as previously agreed upon,
in company with X (a letter of the alphabet having singular terrors for
evil doers in Montana, being calculated to awaken the idea of crime
committed and punishment to follow, more than all the rest of the
alphabet, even if the enumeration were followed by the repetition of
the ten commandments,) and meeting the guard in charge of the
prisoner, they accompanied them into town. Silvie was confined in
the same cabin in which John Keene past his last night on earth. A
strong guard was detailed for the purpose of watching the prisoner,
and the Committee being summoned, the case was investigated with
all due deliberation; but the Committee were not entirely satisfied
that the evidence, though complete, was all of such a reliable
character as to justify a conviction; and, therefore, they preferred to
adjourn their inquiry, for the production of further testimony. This was
accordingly done, and the prisoner was removed to an obscure
cabin, in a more remote part of the town, where the members of the
Committee would have an opportunity of free access to him and
might learn from his own lips what sort of a man they had to deal
with.
 They were not long in arriving at a satisfactory conclusion on this
point. He at first adhered to and repeated his old story and
confession; but gaining a little confidence, and thinking there was not
much danger to be apprehended from the action of the Committee,
he at length denied every word of his former statement, made under
oath; said it was all false; that he knew of no such organization as he
had told of, and declared that he had been compelled to tell this for
his own safety. After being cross questioned pretty thoroughly, he
told the truth, stating that he had given a correct statement in the first
place; only, that instead of joining the band in Virginia City, he had
become acquainted with some of the leaders, on the Columbia River,
on the way up from Portland, and that he had accompanied them to
Virginia City, M. T., travelling thither by the way of Snake River. (It
was on this trip that he committed the murder before described.) This
was a fatal admission on the part of the prisoner, as it completed the
chain of evidence that linked him with the desperadoes whose
crimes have given an unenviable notoriety to the neighborhood of
that affluent of the Columbia—the dread of storm-stayed freighters
and the grave of so many victims of marauders—Snake River.
Another meeting of the Executive Committee was called during the
day, and after due deliberation, the verdict was unanimous that he
was a Road Agent, and that he should receive the just reward of his
crimes, in the shape of the penalty attached to the commission of
highway robbery and murder, by the citizens of Montana. After a long
discussion, it was determined that he should be executed on the
murderer’s tree, in Dry Gulch, at an hour after midnight. The prison
guards were doubled, and no person was allowed to hold converse
with the prisoner, except by permission of the officers.
The execution at night was determined upon for many sufficient
reasons. A few of them are here stated: It had been abundantly
demonstrated that but for the murder of Slater having occurred in
open day, and before the eyes of a crowd of witnesses, Keene would
have been rescued; and the moral effect produced by a public
execution, among the hardened sinners who compose a large part of
the audience at such times, is infinitely less than the terror to the
guilty, produced by the unannounced but inevitable vengeance which
may at any moment be visited upon their own heads. Such a power
is dreaded most by those who fear its exercise.
The desire to die game, so common to desperadoes, frequently
robs death of half its terrors, if not of all of them, as in the case of
Boon Helm, Bunton and others. Confessions are very rarely made at
public executions in the mountains; though scarcely ever withheld at
private ones. There are also many honest and upright men who have
a great objection to be telegraphed over the west as “stranglers,” yet
who would cheerfully sacrifice their lives rather than by word or deed
become accessory to an unjust sentence. The main question is the
guilt of the prisoner. If this is ascertained without doubt, hour and
place are mere matters of policy. Private executions are now fast
superseding public ones, in civilized communities.
There is not now—and there never has been—one upright citizen
in Montana, who has a particle of fear of being hanged by the
Vigilance Committee. Concerning those whose conscience tells
them that they are in danger, it is of little consequence when or
where they suffer for the outrages they have committed. One private
execution is a more dreaded and wholesome warning to malefactors
than one hundred public ones.
If it be urged that public executions are desirable from the
notoriety that is ensured to the whole circumstances, it may fairly be
answered that the action of Judge, and jury, and counsel is equally
desirable, and, indeed, infinitely preferable, when it is effective and
impartial, to any administration of justice by Vigilance Committees;
but, except in the case of renowned Road Agents and notorious
criminals whose names are a by-word, before their arrest, or where
the crime is a revolting outrage, witnessed by a large number, the
feeling of the community in a new camp is against any punishment
being given, and the knowledge of this fact is the desperadoes’ chief
reliance for escape from the doom he has so often dared, and has
yet escaped.
When informed of his sentence the prisoner seemed little affected
by it, and evidently did not believe it, but regarded it as a ruse on the
part of the Committee to obtain a confession from him. After the
shades of night had settled down upon the town of Helena, a
minister was invited to take a walk with an officer of the Vigilantes,
and proceeded in his company to the cabin where Silvie was
confined, and was informed of the object in view in requesting his
attendance. He at once communicated the fact to the culprit, who
feigned a good deal of repentance, received baptism at his own
request, and appeared to pray with great fervor. He seemed to think
that he was cheating the Almighty himself, as well as duping the
Vigilantes most completely.
At length the hour appointed for the execution arrived, and the
matter was arranged so that the prisoner should not know whither he
was going until he came to the fatal tree. The Committee were all out
of sight, except one man, who led him by the arm to the place of
execution, conversing with him in the German tongue, which seemed
still further to assure him that it was all a solemn farce, and that he
should “come out all right;” but when he found himself standing
under the very tree on which Keene was hanged and beheld the
dark mass closing in on all sides, each man carrying a revolver in his
hand, he began to realize his situation, and begged most piteously
for his life, offering to tell anything and everything, if they would only
spare him. Being informed that that was “played out,” and that he
must die, his manner changed, and he began his confession. He
stated that he had been in the business for twelve years, and
repeated the story before related, about his being engaged in the
perpetration of a dozen murders, and the final atrocity committed by
him on Snake River. He stated that it was thought their victim was
returning from the mines, and that he had plenty of money, which on
an examination of him, after his death, proved to be a mistake.
The long and black catalogue of his crimes was too much for the
patience of the Vigilantes, who, though used to the confessions of
ordinary criminals, were unprepared to hear from a man just
baptized, such a fearful recital of disgusting enormities. They thought
that it was high time that the world should be rid of such a monster,
and so signified to the chief, who seemed to be of the same opinion,
and at once gave the order to “proceed with the execution.” Seeing
that his time was come, Silvie ceased his narrative, and said to the
men, “Boys, don’t let me hang more than two or three days.” He was
told that they were in the habit of burying such fellows as him in
Montana. The word “take hold,” was given, and every man present
“tailed on” to the rope which ran over the “limb of the law.” Not even
the chief was exempt, and the signal being given, he was run up all
standing—the only really merciful way of hanging. A turn or two was
taken with the slack of the rope, round the tree, and the end was
belayed to a knot which projects from the trunk. This being
completed, the motionless body was left suspended until life was
supposed to be extinct, the Vigilantes gazing on it in silence.
Two men were then detailed, and stood, with an interval of about
two feet between them, facing each other. Between these “testers”
marched every man present, in single file, giving the pass-word of
the organization in a low whisper. One man was found in the crowd
who had not learned the particular “articulate sound representing an
idea,” which was so necessary to be known. He was scared very
considerably, when singled out and brought before the chief; but,
after a few words of essential preliminary precaution, he was
discharged, breathing more freely, and smiling like the sun after an
April shower, with the drops of perspiration still on his forehead.
The Committee gradually dispersed, not as usually is the case,
with solemn countenances and thoughtful brows, but firmly and
cheerfully; for each man felt that his strain on the fatal rope was a
righteous duty, and a service performed to the community. Such an
incarnate fiend, they knew, was totally unfit to live,and unworthy of
sympathy. Neither courage, generosity, truth nor manhood, pleaded
for mercy, in his case, he lived a sordid and red-handed robber, and
he died unpitied, the death of a dog.
Very little action was necessary on the part of the Vigilance
Committee, to prevent any combination of the enemies of law and
order from exerting a prejudicial influence on the peace and good
order of the capital; in fact, the organization gradually ceased to
exercise its functions, and, though in existence, its name, more than
its active exertions, sufficed to preserve tranquility. When Chief
Justice Hosmer arrived in the Territory, and organized the Territorial
and County Courts, he thought it his duty to refer to the Vigilantes, in
his charge to the Grand Jury, and invited them to sustain the
authorities as citizens. The old guardians of the peace of the
Territory were greatly rejoiced at being released from their onerous
and responsible duties, and most cheerfully and heartily complied
with the request of the Judiciary.
For some months no action of any kind was taken by them; but, in
the summer of 1865, news reached them of the burning and sacking
of Idaho City, and they were reliably informed that an attempt would
be made to burn Virginia, also, by desperadoes from the West. That
this was true was soon demonstrated by ocular proof; for two
attempts were made though happily discovered and rendered
abortive, to set fire to the city. In both cases, the parties employed
laid combustibles in such a manner that, but for the Vigilance and
promptitude of some old Vigilantes, a most destructive conflagration
must have occurred in the most crowded part of the town. In one
case the heap of chips and whittled wood a foot in diameter had
burnt so far only as to leave a ring of the outer ends of the pile
visible. In the other attempt a collection of old rags were placed
against the wall of an outbuilding attached to the Wisconsin House,
situated within the angle formed by the junction of Idaho and
Jackson streets. Had this latter attempt succeeded, it is impossible
to conjecture the amount of damage that must have been inflicted
upon the town, for frame buildings fifty feet high were in close
proximity, and had they once caught fire, the flames might have
destroyed at least half of the business houses on Wallace, Idaho and
Jackson streets.
At this time, too, it was a matter of every day remark that Virginia
was full of lawless characters, and many of them thinking that the
Vigilantes were officially defunct, did not hesitate to threaten the lives
of prominent citizens, always including in their accusations, that they
were strangling ——. This state of things could not be permitted to
last; and, as the authorities admitted that they were unable to meet
the emergency, the Vigilantes reorganized at once, with the consent
and approbation of almost every good and order-loving citizen in the
Territory.
 The effect of this movement was marvellous; the roughs
disappeared rapidly from the town; but a most fearful tragedy,
enacted in Portneuf Canyon, Idaho, on the 13th of July roused the
citizens almost to frenzy. The Overland coach from Virginia to Salt
Lake City, was driven into an ambuscade by Frank Williams, and
though the passengers were prepared for Road Agents, and fired
simultaneously with their assailants, who were under cover and
stationary, yet four of them, viz: A. S. Parker, A. J. McCausland,
David Dinan and W. L. Mers were shot dead; L. F. Carpenter was
slightly hurt in three places, and Charles Parks was apparently
mortally wounded. The driver was untouched, and James Brown, a
passenger, jumped into the bushes and got off, unhurt. Carpenter
avoided death by feigning to be in the last extremity, when a villain
came to shoot him a second time. The gang of murderers, of whom
eight were present at the attack, secured a booty of $65,000 in gold,
and escaped undetected.
A party of Vigilantes started in pursuit, but effected nothing at the
time; and it was not till after several months patient work of a special
detective from Montana, that guilt was brought home to the driver,
who was executed by the Denver Committee, on Cherry Creek.
Eventually, it is probable that all of them will be captured, and meet
their just doom.
The last offenders who were executed by the Vigilance Committee
of Virginia City, were two horse thieves and confessed Road Agents,
named, according to their own account John Morgan and John
Jackson alias Jones. They were, however, of the “alias” tribe. The
former was caught in the act of appropriating a horse in one of the
city corrals. He was an old offender, and on his back were the marks
of the whipping he received in Colorado for committing an unnatural
crime. He was a low, vicious ruffian. His comrade was a much more
intelligent man, and acknowledged the justice of his sentence
without any hesitation. Morgan gave the names and signs of the
gang they belonged to, of which Rattlesnake Dick was the leader.
Their lifeless bodies were found hanging from a hay-frame, leaning
over the corral fence at the slaughter house, on the branch, about
half a mile from the city. The printed manifesto of the Vigilantes was
affixed to Morgan’s clothes with the warning words written across it,
“Road Agents, beware!”
Outrages against person and property are still perpetrated
occasionally, though much less frequently than is usual in settled
countries; and it is to be hoped that regularly administered law will,
for the future, render a Vigilance Committee unnecessary. The power
behind the Throne of Justice stands ready, in Virginia City, to back
the authorities; but nothing except grave public necessity will evoke
its independent action.
The Vigilance Committee at Helena and at Diamond City,
Confederate Gulch, were occasionally called upon to make
examples of irreclaimable, outlawed vagrants, who having been
driven from other localities, first made their presence known in
Montana by robbery or murder; but as the lives and career of these
men were low, obscure and brutal, the record of their atrocities and
punishment would be but a dreary and uninteresting detail of sordid
crime, without even the redeeming quality of courage or manhood to
relieve the narrative.
The only remarkable case was that of James Daniels, who was
arrested for killing a man named Gartley, with a knife, near Helena.
The quarrel arose during a game of cards. The Vigilantes arrested
Daniels and handed him over to the civil authorities, receiving a
promise that he should be fairly tried and dealt with according to law.
In view of alleged extenuating circumstances, the Jury found a
verdict of murder in the second degree, (manslaughter.) For this
crime, Daniels was sentenced to three years incarceration in the
Territorial prison, by the Judge of the United States Court, who
reminded the prisoner of the extreme lightness of the penalty as
compared with that usually affixed to the crime of manslaughter by
the States and Territories of the West. After a few weeks
imprisonment, the culprit, who had threatened the lives of the
witnesses for the prosecution, during the trial, was set at liberty by a
reprieve of the Executive, made under a probably honest, but
entirely erroneous constitution of the law, which vests the pardoning
power in the President only. This action was taken on the petition of
thirty-two respectable citizens of Helena. Daniels returned at once to
the scene of his crime, and renewed his threats against the
witnesses, on his way thither. These circumstances coming to the
ears of some of the Vigilantes, he was arrested and hanged, the
same night.
The wife of Gartley died of a broken heart when she heard of the
murder of her husband. Previous to the prisoner leaving Virginia for
Helena, Judge L. E. Munson went to the capital expressly for the
purpose of requesting the annulling of the reprieve; but this being
refused, he ordered the rearrest, and the Sheriff having reported the
fugitive’s escape beyond his precinct, the Judge returned to Helena
with the order of the Acting-Marshal in his pocket, authorizing his
Deputy to rearrest Daniels. Before he reached town, Daniels was
hanged.
That Daniels morally deserved the punishment he received there
can be no doubt. That, legally speaking, he should have been
unmolested, is equally clear; but when escaped murderers utter
threats of murder against peaceable citizens mountain law is apt to
be administered without much regard to technicalities, and when a
man says he is going to kill any one, in a mining country, it is
understood that he means what he says, and must abide the
consequences. Two human beings had fallen victims to his thirst of
blood—the husband and the wife. Three more were threatened; but
the action of the Vigilantes prevented the commission of the
contemplated atrocities. To have waited for the consummation of his
avowed purpose, after what he had done before, would have been
shutting the stable door after the steed was stolen. The politic and
the proper course would have been to arrest him and hold him for
the action of the authorities.
BIOGRAPHICAL NOTICES OF THE
LEADING ROAD AGENTS OF
PLUMMER’S BAND, AND OTHERS.
 CHAPTER XXX.
HENRY PLUMMER.

The following brief sketches of the career of crime which

terminated so fatally for the members of the Road Agent Band, are
introduced for the purpose of showing that they were nearly all
veterans in crime before they reached Montana; and that their
organization in this Territory was merely the culminating of a series
of high-handed outrages against the laws of God and man.
Henry Plummer, the chief of the Road Agent Band, the narrative of
whose deeds of blood has formed the ground-work of this history,
emigrated to California in 1852. The most contradictory accounts of
his place of birth and the scene of his early days are afloat; upwards
of twenty different versions have been recommended to the author of
this work, each claiming to be the only true one. The most probable
is that he came to the West from Wisconsin. Many believe he was
from Boston, originally; others declare that he was an Englishman by
birth, and came to America when quite young. Be this as it may, it is
certain, according to the testimony of one of his partners in business,
that, in company with Henry Hyer, he opened the “Empire Bakery,” in
Nevada City, California, in the year 1853.
Plummer was a man of most insinuating address and gentlemanly
manners, under ordinary circumstances, and had the art of
ingratiating himself with men, and even with ladies and women of all
conditions. Wherever he dwelt, victims and mistresses of this wily
seducer were to be found. It was only when excited by passion, that
his savage instincts got the better of him, and that he appeared—in
his true colors—a very demon. In 1856 or 1857, he was elected
Marshal of the city of Nevada, and had many enthusiastic friends. He
was re-elected, and received the nomination of the Democratic party
for the Assembly, near the close of his term of office; but as he
raised a great commotion by his boisterous demeanor, caused by his
success, they “threw off on him,” and elected another man.
 Before the expiration of his official year, he murdered a German
named Vedder, with whose wife he had an intrigue. He was one day
prosecuting his illicit amours, when Vedder came home, and, on
hearing his footsteps, he went out and ordered him back. As the
unfortunate man continued his approach, he shot him dead. For this
offense, Plummer was arrested and tried, first in Nevada, where he
was convicted and sentenced to ten years in the penitentiary; and
second, in Yuba county, on a re-hearing with a change of venue.
Here the verdict was confirmed and he was sent to prison.
After several months confinement his friends petitioned for his
release, on the alleged ground that he was consumptive, and he was
discharged with a pardon signed by Governor John P. Weller. He
then returned to Nevada, and joined again with Hyer & Co. in the
“Lafayette Bakery.”
He soon made a bargain with a man named Thompson, that the
latter should run for the office of City Marshal, and, if successful, that
he should resign in Plummer’s favor. The arrangement became
public, and Thompson was defeated.
Shortly after this, Plummer got into a difficulty in a house of ill-
fame, with a man from San Juan, and struck him heavily on the head
with his pistol. The poor fellow recovered, apparently, but died about
a year and half afterwards from the effect of the blow, according to
the testimony of the physician.
Plummer went away for a few days, and when the man recovered
he returned, and walked linked with him through the streets.
Plummer went over to Washoe and, joining a gang of Road Agents,
he was present at the attack on Wells & Fargo’s bullion express. He
leveled his piece at the driver, but the barrels fell off the stock, the
key being out, and the driver, lashing his horses into full speed,
escaped.
He stood his trial for this, and, for want of legal proof, was
acquitted. He then returned to Nevada City.
His next “difficulty” occurred in another brothel where he lived with
a young woman as his mistress, and quarreled with a man named
Ryder, who kept a prostitute in the same dwelling. This victim he
killed with a revolver. He was quickly arrested and lodged in the
county jail of Nevada. It is more than supposed that he bribed his
jailor to assist him in breaking jail. Hitherto, he had tried force; but in
this case fraud succeeded. He walked out in open day. The man in
charge, who relieved another who had gone to his breakfast,
declared that he could not stop him, for he had a loaded pistol in
each hand when he escaped.
The next news was that a desperado named Mayfield had killed
Sheriff Blackburn, whom he had dared to arrest him, by stabbing him
to the heart with his knife. Of course, Mayfield was immediately
taken into custody, and Plummer, who had lain concealed for some
time, assisted him to get out of jail, and the two started for Oregon, in
company. To prevent pursuit, he sent word to the California papers
that he and his comrade had been hanged in Washington Territory,
by the citizens, for the murder of two men. All that he accomplished
in Walla Walla was the seduction of a man’s wife. He joined himself,
in Idaho, to Talbert, alias Cherokee Bob, who was killed at Florence,
on account of his connection with this seduction. Plummer stole a
horse, and went on the road. In a short time, he appeared in
Lewiston, and after a week’s stay, he proceeded, with a man named
Ridgley, to Orofino, where he and his party signalized their arrival by
the murder of the owner of the dancing saloon, during a quarrel. The
desperado chief then started for the Missouri, with the intention of
making a trip to the States. The remainder of his career has been
already narrated, and, surely, it must be admitted that this “perfect
gentleman” had labored hard for the death on the gallows which he
received at Bannack, on the 10th of January, 1864.
As one instance of the many little incidents that so often change a
man’s destiny, it should be related that when Plummer sold out of the
United States Bakery, to Louis Dreifus, he had plenty of money, and
started for San Francisco, intending to return to the East. It is
supposed that his infatuation for a Mexican courtezan induced him to
forego his design, and return to Nevada City. But for this trifling
interruption, he might never have seen Montana, or died a felon’s
death. The mission of Delilah is generally the same, whether her
abode is the vale of Sorek or the Rocky Mountains.
 CHAPTER XXXI.
BOONE HELM.

This savage and defiant marauder, who died with profanity,

blasphemy, ribaldry and treason on his lips, came to the West from
Missouri in the spring of 1850. He separated from his wife, by whom
he had one little girl, and left his home at Log Branch, Monroe
county, having first packed up all his clothes for the journey. He went
towards Paris, and, on his road thither, called on Littlebury Shoot, for
the purpose of inducing him to go with him, in which he succeeded.
Boone was, at this time, a wild and reckless character, when
inflamed by liquor, to the immoderate use of which he was much
addicted. He sometimes broke out on a spree, and would ride his
horse up the steps and into the Court House. Having arrived at
Paris, Boone tried hard to persuade Shoot to accompany him to
Texas, and it is believed that he obtained some promise from him to
that effect, given to pacify him, he being drunk at the time, for Shoot
immediately afterwards returned home.
About 9 p. m., Boone came from town to Shoot’s house and woke
him up out of bed. The unfortunate man went out in his shirt and
drawers, to speak with him, and as he was mounted, he stepped on
to a stile-block, placing his hand on his shoulder, conversing with him
in a friendly manner for a few minutes. Suddenly, and without any
warning of his intention, Boone drew his knife and stabbed Shoot to
the heart. He fell instantly, and died before he could be carried into
the house. He spoke only once, requesting to see his wife. The
murderer rode off at full speed. It seems that Boone had quarreled
with his wife, and was enraged with Shoot for not going with him to
Texas, and that in revenge for his disappointment, he committed the
murder. Immediate pursuit was made after the assassin.
Mr. William Shoot, the brother of the deceased, was at that time
living in the town of Hannibal, and immediately on receipt of the
news, he started in pursuit of the criminal. Boone Helm had,
however, forty miles start of him; but such good speed did the
avenger make, that pursuer and pursued crossed Grand Prairie
together, Shoot arriving at Roachport and Boone Helm at Booneville,
within the space of a few hours. Telegrams descriptive of the fugitive
were sent in all directions, and were altered as soon as it was
discovered that the murderer had changed his clothes. Shoot
returned to Paris, and being determined that Helm should not
escape, he bought two horses and hired Joel Moppen and Samuel
Querry to follow him, which commission they faithfully executed,
coming up with their man in the Indian Territory. They employed an
Indian and a Deputy Sheriff to take him, which they accordingly did.
When ordered to surrender, he made an effort to get at his knife; but
when the Sheriff threatened to shoot him dead if he moved, he
submitted. He was brought back, and, by means of the ingenuity of
his lawyers, he succeeded in obtaining a postponement of his trial.
He then applied for a change of venue to a remote county, and at the
next hearing the State was obliged to seek a postponement, on the
ground of the absence of material witnesses. He shortly after
appeared before a Judge newly appointed, and having procured
testimony that his trial had been three times postponed, he was set
free, under the law of the State.
He came to California and joined himself to the confraternity of
iniquity that then ruled that country. He either killed or assisted at the
killing of nearly a dozen men in the brawls so common at that time in
the western country. In Florence, Idaho Territory, he killed a German
called Dutch Fred, in the winter of 1861-2. The victim had given him
no provocation whatever; it was a mere drunken spree and “shooting
scrape.”
He also broke jail in Oregon, a squaw with whom he lived
furnishing him with a file for that purpose. He escaped to Carriboo.
He was brought back; but the main witnesses were away when the
trial took place, and the civil authorities were suspected of having
substantial reasons for letting him escape. He was considered a
prominent desperado, and was never known to follow any trade for a
living, except that of Road Agent, in which he was thoroughly versed.