SC VERDICT ON SUBCLASSIFICATION OF CASTE-BASED RESERVATION WILL WORSEN REALITY OF THE DALIT COMMUNITY

Why in the news?

  • By splitting the SC/ST reservation quotas, the recent SC judgment may ultimately serve the interests of those seeking to exploit the fragmentation of these groups.
  • In a country marked by glaring and inhumane inequalities, it is peculiar that only the alleged inequality within the most vulnerable group — the Dalit community — is being addressed.
  • Targeting this specific issue, while ignoring broader inequalities, seems misguided.

VIEWS ON SUPREME COURT VERDICT ON SUB-CLASSIFICATION AND RESERVATION

Flawed Judgment:

  • The Supreme Court’s verdict permitting sub-classification within the Scheduled Castes/Scheduled Tribes (SC/ST) and excluding the creamy layer among Dalits from reservation is deeply flawed.
  • This decision may undermine affirmative action and potentially lead to the erosion of the reservation system.

SC VERDICT ON SUBCLASSIFICATION OF CASTE-BASED RESERVATION WILL WORSEN REALITY OF THE DALIT COMMUNITY - UPSC

Disregard for Social Realities:

  • The judgment fails to recognize the harsh social realities faced by many Dalits, whose lives are marked by extreme poverty and struggle.
  • For a significant portion of Dalits, the concept of reservation holds little relevance as they lack the resources and opportunities to benefit from it.

Limited Impact of Reservation:

  • The brutal reality is that only a minuscule percentage of Dalits are eligible to compete for reservation quotas.
  • Allocating a portion of the reservation quota to the most marginalized will not significantly impact their lives.

Vacant Reserved Posts:

  • Over the last decade, there has been a lack of transparency in filling SC/ST reserved posts in various government ministries.
  • A report submitted to Parliament in March 2021 revealed that 50% of the posts reserved for OBCs, SCs, and STs across 10 Union ministries remained vacant.
  • Faculty positions reserved for SCs and STs in prestigious institutions like central universities, IITs, and IIMs also remain

Absence of Suitable Candidates:

  • One of the reasons cited for these vacancies is the absence of suitable candidates.
  • The UGC recently issued guidelines allowing for the “dereservation” of posts under certain circumstances, but retracted them following public backlash.

Negative Impact:

  • The Supreme Court’s ruling overlooks these critical issues and, under the guise of distributive justice, may worsen the problem of filling SC/ST vacancies.

ARGUMENT AGAINST EXTENDING CREAMY LAYER CONCEPT

Inapplicability of Creamy Layer to Dalits:

  • Equating the creamy layer concept for OBCs with that for Dalits is misleading; the two groups are not comparable.
  • OBCs are generally better off economically and socially compared to SCs/STs, who remain at the bottom of the social hierarchy.

Impact on Dalit Communities:

  • Removing the creamy layer from reservation benefits will exacerbate the hardships faced by Dalits.
  • Targeting only the alleged inequality within the Dalit community, while ignoring broader societal inequalities, is misguided.

Fragmentation of SC/ST Groups:

  • Splitting SC/ST reservation quotas will serve the interests of those seeking to exploit divisions within these groups.
  • This fragmentation will undermine the existing solidarity among SCs and create new hierarchies, further entrenching caste divisions.

Caste’s Enduring Influence:

  • Caste remains deeply entrenched in Indian society, and the Court’s verdict overlooks the complexities and rationale behind SC/ST reservations.
  • The Court imputed that poverty exists across all castes and communities. But the primary reason for reservations is not just economic backwardness or lack of representation but the pervasive issue of untouchability.

Continued Social Discrimination:

  • Even economically advanced Dalits, including those in government jobs, still face social discrimination due to their caste origins.
  • Thus, creating distinctions within the Dalit community based on arbitrary criteria will disrupt the fragile unity and could lead to further discrimination.

Concerns Over Criteria for Sub-Classification:

  • The Supreme Court has advised against using “whims and political expediency” to determine criteria for sub-classification within Dalits.
  • However, these very factors are likely to influence the criteria, potentially leading to unjust outcomes.

CRITIQUE OF THE SUPREME COURT JUDGMENT

Confusing Language on Homogeneity:

  • The judgment complicates the issue by emphasizing the need to determine if a particular class is a “homogeneous integrated class” before allowing sub-classification.
  • The Court’s assertion that “Scheduled Castes are a socially heterogeneous class” overlooks the pervasive social stigma of “camouflaged untouchability” that affects all Dalits, regardless of their economic status.

Overlooking the Core Justification for SC Reservations:

  • The judgment ignores the foundational reason for SC reservations, which is to address the crippling social handicap of untouchability, a common burden for all Dalits.

Violation of Article 341:

  • The judgment violates Article 341 of the Constitution, which grants the President the authority to specify Scheduled Castes and allows Parliament to amend these classifications.
  • By permitting states to alter the notification and allowing sub-classification within the same class of Scheduled Castes, the judgment contravenes the clear constitutional provision that such notifications should not be varied by subsequent notifications.

Contradiction with Article 46:

  • The judgment is at odds with Article 46 of the Constitution, which mandates the state to promote the educational and economic interests of the weaker sections, particularly SCs and STs, and protect them from social injustice and exploitation.
  • This constitutional directive is absolute and should not be undermined by the Court’s ruling.

WAY FORWARD: ADDRESSING THE SUPREME COURT VERDICT ON SUB-CLASSIFICATION

Comprehensive Review of Reservation Policies:

  • Conduct a thorough assessment of existing reservation policies to identify gaps in implementation and effectiveness.
  • Ensure that the focus remains on addressing systemic inequalities affecting all marginalized communities, not just intra-group disparities.

Strengthening Implementation Mechanisms:

  • Improve transparency and accountability in filling reserved positions in government and educational institutions.
  • Establish clear timelines and monitoring systems to track the appointment of candidates from SC/ST backgrounds.

Empirical Data Collection:

  • Mandate the collection of comprehensive data on the socio-economic status of SC/ST communities to inform policy decisions.
  • Use this data to identify the most marginalized within these groups, ensuring that support is directed where it is needed most.

Public Awareness Campaigns:

  • Launch campaigns to educate the public about the importance of SC/ST reservations and the ongoing challenges faced by these communities.
  • Highlight the need for solidarity and collective action to combat caste-based discrimination.

Focus on Economic Empowerment:

  • Implement targeted programs aimed at improving the economic conditions of the most marginalized Dalits, ensuring access to education, employment, and entrepreneurship opportunities.
  • Create skill development initiatives tailored to the needs of SC/ST individuals.

Engagement with Stakeholders:

  • Foster dialogue among government, civil society, and community leaders to collaboratively address the implications of the ruling.
  • Involve SC/ST representatives in decision-making processes to ensure their voices are heard and considered.

Monitoring and Evaluation:

  • Establish independent bodies to monitor the impact of the Supreme Court’s ruling on the SC/ST community and report on its effects over time.
  • Use findings to inform future policy adjustments and advocacy efforts.

Alternative articles

https://universalinstitutions.com/sub-classification-among-scheduled-castes-scs/

https://universalinstitutions.com/the-issue-with-sub-caste-reservations/

Source: https://indianexpress.com/article/opinion/columns/sc-verdict-on-subclassification-of-caste-based-reservation-will-worsen-reality-of-the-dalit-community-heres-why-9505463/

Mains question

Discuss the implications of the Supreme Court’s verdict on sub-classification within Scheduled Castes and its alignment with Articles 341 and 46 of the Indian Constitution.” (Answer in 250 words)