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CONSTITUTION (SCHEDULED TRIBES) (UTTAR PRADESH) ORDER (AMENDMENT) BILL (Amendment of the Schedule) by Shri Bhagwan Shankar Rawat [English]

MR. CHAIRMAN: Now we shall take up the Constitution (Scheduled Tribes) (Uttar Pradesh) Order (Amendment) Bill. Shri Bhawan Shankar Rawat may move that the Bill be taken into consideration. [Translation]

SHRI BHAWAN SHANKAR RAWAT (Agra): Mr. Chairman, Sir, I beg to move: “That the Bill to arnend the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 be taken into consideration”.

Sir, I am moving this Constitution (Scheduled Tribes) Order (Amendment Bill). It was felt necessary to bring forward this Bill because even after such a long gap of achieving independence, we could not decide as to which are the castes in the society that should be included and absorbed as Scheduled Castes, Scheduled Tribes and backward castes and provided various facilities. They are being treated differently in different States in the country. A very ridiculous instance came to my notice when I came to know that in a particular part which is called old Himachal Pradesh Gaddis and Gujars are considered Scheduled Tribes but they have not been included in the list of Scheduled Tribes in the new areas of Himachal Pradesh. People belonging to the same castes in the same State are being treated in two different ways. The Central Government had enacted a law for the Scheduled Castes. 471 Const. (S.T.) (U.P.) order (Amend.) Bill (Amend of schedule) by Shri Bhagwan Shankar Rawat [Sh. Bhawan Shankar Rawat] [English]

“Extremely social, educational and economic backwardness arising out of the traditional practice of untouchability.” [Translation]

All such communities will be covered under Scheduled Castes and Scheduled Tribes. [English]

“Indications of primitive trade, distinctive culture, geographical isolation, shyness of contact with the community at large and backwardness.” [Translation]

These criteria were fixed. The most important thing in respect of Scheduled Caste and the Scheduled Tribes is that the condition of the caste who have been included in the list of Scheduled Castes, Scheduled Tribes and backward classes should be evaluated and reviewed. Apart from it, there are 60 castes in the whole country whose representations are pending and the people belonging to these castes have made a demand that they should be included in the list of Scheduled Castes, Scheduled Tribes and backward classes. They have not been included in these lists. The political parties here talk about various political attractions either in the name of Mandal Commission or on other basis but it is very unfortunate that the castes which should have been included in the list of Scheduled Tribes have not been included. This sorry state of affair does not relate to a particular political regime. The Banjaras are making a constant demand for including them in the list of Scheduled Tribes. They have not been included in the list of Scheduled Tribes in Uttar Pradesh but in Bihar and Orissaa they come under Scheduled Tribes. In 1988, my friend Shri Syed Shahabuddin, who is not at present in the House at the moment, had put an 472 Const. (S.T.) (U.P.) order (Amend.) Bill (Amend of schedule) by Shri Bhagwan Shankar Rawat Unstarred Question to the then Deputy Welfare Minister, Shrimati Sumati Oraon in reply to which she had said that the representation is under consideration, she had also given indications that a comprehensive list of Scheduled Castes, Scheduled Tribes was also likely to bedrawn. She also said that. [English]

“Further, any amendment in the existing list of Scheduled Castes and Scheduled Tribes can be done only through an Act of Parliament in view of Articles 341 (2) and 342 (2) of the Constitution.” [Translation]

Since 1988 Government after Governments changed. Prime Ministers changed Different political parties emerged and disappeared, but none of them or their Government could find time to provide some facilities to Banjaras or other castes in the stream of national development. They could not provide them any benefit from the Constitution and work for their economic and social development. Later, there was an hon. Member in 1990, Shri Ajit Jogi, I think he is still there. He had put an Unstarred Question on. 23.3. 1990 to the then hon. Labour and Welfare Minister, Shri Ram Vilas Paswan but he had also given a stereo type reply. [English]

“A Cabinet notice on the comprehensive revision of the list of Scheduled Castes and Scheduled Tribes was prepared and submitted to the Cabinet of the previous Government for their consideration. The Cabinet, in their meeting held on 26.12. 1988, had deferred the matter.” [Translation]

People talk of Mandal Commission, Even they did not brother to accept the proposals 473 Const. (S.T.) (U.P.) order (Amend.) Bill (Amend of schedule) by Shri Bhagwan Shankar Rawat of the previous Government to wipe out the tears of the poor. Not only this they also said: [English]

“The present Government is examining afresh all the proposals/recommendations/suggestions etc. received in this regard. Further, any amendment to the existing list of Scheduled Castes/Scheduled Tribes…” [Translation]

They also gave the same stereo-type reply that a law will have to enacted for that. After all who prevented them from enacting a law. Today also the Banjaras are moving from pillar to post but there is none to come to their rescue. Even today, if you cover a distance of one Kilometre from here you will see that men and women of Banjara community are sitting on a dharna at the Boat Club. Today’s and yesterday’s newspapers have reported that they launched a hunger strike but no heed is being paid to their demands. There are Ghosia, Bakasa, Jaunsari Raji and Tharu tribes un Uttar Pradesh who like the Banjaras do not live at a place permanently. These communities are covered by the norms the Government has prescribed for backward classes and Scheduled Tribes. Therefore, I would like to submit that this Bill should be passed. In this connection I have talked to hon. members of the ruling party and also discussed with the hon. Welfare Minister. A year ago, when I came here after having been elected, some people of the Banjara Community came to me for leading their deputation. The hon. Minister assured me not to worry for this and gave a hint that a Bill was likely to be brought forward. Since 1988 many Governments came and went but this demand of theirs could not be fulfilled. Since the Government does not have time to bring forward a Bill and to fulfill their demands I have brought forward this Bill. I would like that this Bill should be passed so that the Banjaras could be included in the list of Scheduled Castes and their children could avail of the benefits of reservation. 474 Const. (S.T.) (U.P.) order (Amend.) Bill (Amend of schedule) by Shri Bhagwan Shankar Rawat I would like to make yet another submission. There is always a hue and cry on Mandal Commission. At the same time a lot is spoken about the Scheduled Castes. My submission is that, no matter whether the Government provides the facilities or but it should not disgrace us. I come from Agra. There if the people of Jatav community are addressed as “Chamars” it is considered an abuse. If you have got something to give us, all right, give it. If you do not give please do not hurt our self-respect. I have seen their order. I want to show you the list of the Delhi Administration. I want to show the Constitution Union Territory Scheduled Castes order 1951. In the census of 1981 against Scheduled Castes No. 2 the “Jatav samaj” has been written as “Jatav Chamar”. Column 10 may also be seen. i want to say with full responsibility. If the people in the whole of the country especially the Jatav in Western U.P. come to know about it they will create a turmoil. It is very unfortunate that right from Pandit Jawaharlal Nehru’s Government to Raja Vishwanath Pratap Singh’s and Shri Chandrashekhar’s Government no one has brotherhood to correct it. It is a disgrace to self-respect of the Jatav community. It is written at column 10 as “Chamar, Chamar. Chamar, Jatav Chamar.” Our Jatavs’ are not prepared to be addressed as “Jatav Chamar”. Therefore, I give a warning to supporters of Scheduled Castes and politicalleaders that people who have been neglected in the Hindu Society due to historical reasons will make progress with the facilities provided to them under the Constitution framed by Babasaheb Bhimrao Ambedkar with self- respect. Therefore, I demand that the word Chamar or Jatav Chamar should be deleted and in its place only Jatav should go. If it is not done then this news will spread all over the country and an unprecedented crisis will be created which will be beyond the control of the Government.

With these words I conclude and once again I would like to tell all those who raise the solgan of social justice that the same things have been given in the recommendations of the Mandal Commission. The Commission recommends that they should be included in the list of 475 Const. (S.T.) (U.P.) order (Amend.) Bill (Amend of schedule) by Shri Bhagwan Shankar Rawat [Sh. Bhawan Shankar Rawat] Scheduled Tribes. People paid attention to recommendations to the Mandal Commission for the sake of votes but they did not get time that the Banjaras can be included in the list of the Scheduled Castes as has been recommended by the Mandal Commission. These Banjaras and other backward communities of society who need protection are now in such a plight that they are ready to call themselves Scheduled Castes and Scheduled tribes. They are really under such circumstances that they are ready to be treated as Scheduled Castes. If their condition is taken into consideration, they come under the norms and rules announced by the Government. Once a review of all these castes should be made and afte
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