In a recent judgment, the Supreme Court of India has clarified the role of affinity tests in the process of determining the validity of caste or tribe claims. The court held that affinity tests cannot be the sole criterion for granting a caste validity certificate.
Affinity Tests: An Overview
An affinity test is a process that is used to ascertain whether an individual belongs to a particular caste or tribe. This is done by assessing the individual’s knowledge of the customs, traditions, and practices of the said community.
The Supreme Court’s Judgment
A three-judge bench of the Supreme Court was called upon to resolve conflicting views on the value of affinity tests in determining caste or tribe claims. The bench held that affinity tests are not an essential part of the process of determining the validity of a caste or tribe claim in every case.
One view held that if a candidate failed the affinity test at any stage, a caste validity certificate cannot be granted to him. The second view was that the affinity test was not the only criterion for deciding a caste claim based on a caste certificate issued by a competent authority. The court held that the affinity test could be used only as a means to corroborate the documentary evidence.
The court reasoned that if the applicant has stayed in bigger urban areas along with his family for decades or if his family has stayed in such urban areas for decades, the applicant may not have knowledge of the facts. In some cases, even the parents of the applicants would be unaware of intrinsic tribal or caste traits for the reason that for several years they have been staying in bigger urban areas.
Scheduled Castes (SCs) and Scheduled Tribes (STs)
The Scheduled Castes and Scheduled Tribes are officially designated groups of people and among the most disadvantaged socio-economic groups in India. The terms are also recognized in the Constitution of India.
Pre-Independence Recognition
Since the 1850s, these communities were loosely referred to as Depressed Classes, with the Scheduled Castes and Scheduled Tribes. The early 20th century saw a flurry of activity in the British authorities assessing the feasibility of responsible self-government for India. The Morley–Minto Reforms Report, Montagu–Chelmsford Reforms Report, and the Simon Commission were several initiatives in this context. The Government of India Act 1935 introduced the term “Scheduled Castes“.
Post-Independence Constitutional Validation
These communities came to be known as Scheduled Castes and Scheduled Tribes by Clause 1 of Articles 341 and 342 of the Constitution respectively. Followed by this, Articles 338, and 338-A of the Constitution of India lays down the provision for the establishment of the National Commission for the Scheduled Castes and Scheduled Tribes respectively.
Provisions Safeguarding the Rights of SCs and STs in India
The Indian government has enacted laws to remove negative discrimination and has also brought in many reforms to improve the quality of life for the weaker sections of society. Few among them are:
- Constitutionally guaranteed fundamental human rights
- Abolition of ‘untouchability’ in 1950
- Provision of reservations in places like educational institutions, for employment opportunities, etc.
- Establishing social welfare departments and national commissions for the welfare of scheduled castes and tribes.
- Right to Equality
Articles 14, 15, 16, 17 and 18 of the Constitution of India highlight the Right to Equality in detail. It refers to equality in the eyes of the law, discarding any unfairness on grounds of caste, race, religion, place of birth, sex. It also includes equality of prospects in matters of employment, abolition of untouchability, and abolition of titles.
Why In News
The recent Supreme Court judgment has emphasized that an individual’s affinity with a particular caste cannot be the sole determining factor for deciding a caste claim. The court has underlined that other factors such as social and economic backwardness must also be considered while evaluating caste-based reservations and affirmative action policies.
MCQs on India’s Caste System and Constitutional Safeguards
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What is an affinity test?
A. A process to determine an individual’s caste or tribe by assessing their knowledge of customs and practices
B. A physical examination to determine an individual’s caste or tribe
C. A personality test to determine an individual’s caste or tribe
D. A written exam to determine an individual’s caste or tribe
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What did the Supreme Court of India say about the use of affinity tests to determine caste or tribe claims?
A. Affinity tests are an essential part of the process in every case
B. Affinity tests are not necessary in any case
C. Affinity tests can be used only as a means to corroborate the documentary evidence
D. The court did not express any opinion on the use of affinity tests
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Who are the Scheduled Castes and Scheduled Tribes in India?
A. Groups of people designated as the most disadvantaged socio-economic groups in India
B. Groups of people designated as the most privileged socio-economic groups in India
C. Groups of people designated by the British authorities in the 20th century
D. Groups of people designated by the Indian government in the 21st century
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