Court : Supreme Court of India
..... amended in 1976 to outlaw the practice of untouchability. the penalization of these severe forms with stringent punishment was sought to be achieved by the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 which was further strengthened by later amendments. in that ensuring full economic freedom and true emancipation were ..... divisional magistrate, ceos of panchayats, sub-divisional level officer in charge of scheduled castes welfare etc. the committees are mandated to meet once in three months under section 24(4). these committees functions under section 25 are to oversee ..... two types: district and sub-divisional. dvcs are mandated under section 24(2) of the 2013 act and consist of the district magistrate, mlas of scheduled castes from the district, superintendent of police, etc. similarly, the sub-divisional vigilance committees are constituted under section 24(3) and comprise of the sub- .....
Tag this Judgment!Court : Supreme Court of India
..... which was left to the parliament to flesh out through specific legislation. this resulted in statutes such as the protection of civil rights act, 1955, scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989, bonded labour system (abolition) act, 1976, immoral traffic (prevention) act, 1956, the prohibition of employment ..... the governing norms- such as procedure, minimum age, prohibited degree of relationship and forbidden relationships for the male and female spouses respectively (through different schedules); the grounds of divorce, etc. the relevance of sma has gained more ground, because of increasing awareness and increasing exercise of choice by ..... shall be valid if- (a) the contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in schedule i; or 8 12. in my considered opinion, the institutional space of marriage is conditioned and occupied synchronously by legislative interventions, customary practises, .....
Tag this Judgment!Court : Supreme Court of India
..... assignment of non occupied land in the 1960s to landless c.a. no.___of 2023 @ slp (c) no.2523 of2022etc. etc. page 2 of 97 scheduled caste/scheduled tribe persons [hereinafter, assignees ]. for the purpose of cultivation, has been confirmed.3. since these appeals arise out of a long drawn saga wherein multiple rounds ..... )(c) of the 1977 act. pertinently, this court too in manchegowda v. state of karnataka29 upheld the constitutional validity of retrospective application given to karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act of 1978, which is a statute whose scheme is akin to 1977 act. these amended provisions are ..... court in dharma naika v. rama naika27 wherein an agreement to sale was held to be included within the definition of transfer as provided under the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978. its pertinent to mention that the definition of transfer in the 26 ibid. 27 dharma .....
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..... 10% industry; (ii) manual workers belonging to scheduled castes / scheduled 5% tribes / other backward classes / special backward class employed in mines; (iii) manual workers other than scheduled castes / scheduled 5% tribes / other backward classes / special backward class employed in mines; (iv) persons belonging to scheduled castes / scheduled tribes / 20% other backward classes / special backward ..... backward class employed in mines; (iii) manual workers and widows of manual workers other than 5% scheduled castes/scheduled tribes/other backward class/special backward class employed in mines; (iv) persons belonging to scheduled castes/ schedule tribes / 20% other backward class / special backward class; (v) persons identified as below poverty line ..... land belonging to the government of jharkhand (erstwhile bihar) and it is for iron ore which is a mineral included in schedule i to the 1957 act in respect of which no mining lease can be granted without the prior approval of the central .....
Tag this Judgment!Court : Supreme Court of India
..... the decision of the lieutenant governor shall be final. [section 45h]. (v) proposals which may, inter alia, affect the peace of nctd, interests of the scheduled castes, scheduled tribes and socially and educationally backward community, or proposals on matters which 3 affect the relations of the government of nctd with the central government, state government, supreme ..... a sui generis provision in the constitutional scheme. other provisions of the constitution (such as articles 4,169,239a, 244a,312, part d fifth schedule, and paragraph 21 sixth schedule) also stipulate that certain laws made by parliament shall not deemed to be a constitutional amendment though it has the effect of amending the constitution. ..... assembly shall have the power to enact laws as prescribed in article 239-aa, except with respect to entry 41 of list ii of the seventh schedule to the constitution. the provision excludes entry 41 of list ii from the legislative competence of nctd in addition to entries 1,2, and 18 of .....
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..... a written examination and a viva voce. [ ]. maximum marks for viva voce shall be 50. the general and other backward classes candidates shall secure a minimum of 40% marks and scheduled caste/scheduled tribe candidate shall secure a minimum of 35% marks for passing the viva voce. the merit list of the selected candidates shall be prepared on the basis of the aggregate .....
Tag this Judgment!Court : Supreme Court of India
..... of reservations, which may, for the sake of convenience, be referred to as vertical reservations and horizontal reservations . the reservations in favour of the scheduled castes, the scheduled tribes and the other backward classes [under article 16(4)]. may be called vertical reservations whereas reservations in favour of physically handicapped [under clause ..... a new clause (4-a) in the said article to provide for reservation in promotion for the scheduled castes and the scheduled tribes. thus, reservations in promotions were extended to members of the scheduled castes and scheduled tribes alone. ii. history of reservations for persons with disabilities6 in union of india v. national ..... and cannot extend to reservation in the matter of promotion. this ruling of the supreme court will adversely affect the interests of the scheduled castes and the scheduled tribes. since their representation in services in the states have 9 not reached the required level, it is necessary to continue the .....
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..... report ( first f.i.r , hereafter) was registered against the appellant under sections 323 and 504, indian penal code, 1860 ( ipc , hereafter) and 3(1)(x), the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 ( sc/st act , hereafter).4. investigation was conducted by the concerned circle officer ( i.o. , hereafter). upon investigation, which was ..... 3(1)(x) of the sc/st act unless, of course, such insult or intimidation is targeted at the victim because of he being a member of a particular scheduled caste or tribe. if one calls another an idiot (bewaqoof) or a fool (murkh) or a thief (chor) in any place within public view, this would obviously constitute ..... act intended to insult or humiliate by user of abusive or offensive language. even if the same be directed generally to a person, who happens to be a scheduled caste or tribe, per se, it may not be sufficient to attract section 3(1)(x) unless such words are laced with casteist remarks. since section 18 of .....
Tag this Judgment!Court : Supreme Court of India
..... to civil appeal no.2202 of 2012 page 19 of 21 the scheduled area and therefore, the appellant cannot contend that only a person belonging to scheduled tribe can cast a vote in elections of the constituencies in the scheduled area. the right to vote will be governed by part iii ..... .. .. .. .. .. .. .. .. (emphasis added) in paragraph 40, the constitution bench proceeded to hold thus: 40. the act of parliament or the appropriate legislature applies to the scheduled areas. the governor has the power to exclude their operation by a notification. in the absence thereof, the acts of the legislature shall extend to such areas. in jatindra v ..... of the 1950 act. every eligible voter is entitled to be registered in the electoral roll of a constituency, in which he is ordinarily residing. therefore, any person eligible to vote who is ordinarily residing in the scheduled .....
Tag this Judgment!Court : Supreme Court of India
..... this court in paragraph 13 of kumari madhuri patil s case1 were issued as there was no statute governing the field of verification of caste claims of scheduled castes, scheduled tribes, nomadic tribes and other backward classes. therefore, it was held that the directions issued in the case of kumari madhuri patil1 ..... to eradicate. as this court found that a large number of seats or posts reserved for the scheduled castes and scheduled tribes were being taken away by bogus candidates claiming to belong to scheduled castes and scheduled tribes, this court directed the constitution of such scrutiny committees, to provide an expeditious, effective and ..... the admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine scheduled castes or scheduled tribes or obc candidates as enjoined in the constitution of the benefits conferred on them by the constitution. the genuine candidates are also denied .....
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