India’s societal fabric is intricately woven with a diverse mix of castes and tribes. Recently, the issue of sub-categorisation within Scheduled Castes (SCs) has gained traction. Notably, the Prime Minister reinforced his commitment to identify and assist the most backward communities within the SCs, triggering discussions on the legality, difficulties, and potential consequences of sub-categorisation.
Sub-Categorisation Within Castes: A Closer Look
Sub-categorisation within castes involves the formation of sub-groups within the existing categories of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). This process aims to address intra-category inequalities and guarantee a more equitable distribution of opportunities and benefits among the most deprived and marginalised sections of society.
History and Legality of Sub-Categorisation
States like Punjab, Bihar, and Tamil Nadu have tried implementing sub-categorisation; however, they faced legal challenges that escalated to the Supreme Court. In E.V.Chinnaiah vs State Of Andhra Pradesh And Ors, 2004, the Supreme Court asserted that only parliament can create and notify SC and ST lists. However, in a later case, State of Punjab and Others versus Davinder Singh and Others, 2020, it was ruled that States could decide on the benefits’ quantum without too much interference.
There still exists a constitutional mandate for sub-categorisation within castes, as Article 16 (4) of the Constitution empowers the State to make provisions for reservation if SCs and STs are inadequately represented in state services.
The Need for Sub-Categorisation within Castes
Numerous factors contribute to the significant diversity and heterogeneity within the SC, ST, and OBC categories. Some dominant sub-groups have disproportionately benefitted from reservation benefits, leaving behind the weaker and more backward groups. Sub-categorisation is needed to ensure fair representation for all castes.
Challenges for Sub-Categorisation
The primary challenge is the absence of reliable, updated data on the population and socio-economic status of various sub-groups under SCs, STs, and OBCs. This gap hinders the process of categorisation. There is also potential for legal and political backlash from influential subgroups who may oppose the reduction of their share of reservation benefits. Lastly, there’s a risk of further fragmentation within these categories, which can weaken their collective identity.
Moving Forward
For successful sub-categorisation, systematic data collection on populations and socio-economic conditions is crucial. Conducting a thorough caste census could serve as the foundation for evidence-based decision-making. The process must strike a balance with broader social justice and national integration goals. It is also vital to create communication strategies that articulate the importance of sub-categorisation in promoting social justice and equitable distribution of benefits.
A question worthy of pondering, as previously posed in the UPSC Civil Services Examination, is how many among the following Indian organizations are constitutional bodies: The National Commission for Backward Classes, The National Human Rights Commission, The National Law Commission, and The National Consumer Disputes Redressal Commission? The answer is only one of them.
