• UGI USER
  • Jul 18, 2024
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THE ISSUE WITH SUB-CASTE RESERVATIONS

Syllabus:

GS 2 :

  • Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.
  • Welfare Schemes for Vulnerable Sections of the population by the Centre and States.

Why in the News?

The Supreme Court’s pending decision on sub-caste reservations for SC/STs has sparked a significant debate. The issue has raised questions about the legal and academic justifications for such reservations, highlighting the need to address historical and present-day inequalities within the broader framework of existing policies

Source: IE

Legal and Academic Basis

  • SC Decision Reserved: The Supreme Court’s decision on sub-caste reservation for SC/STs is pending, requiring justification on legal and academic grounds.
  • Weak Academic Basis: The academic rationale for sub-caste reservation is considered weak, highlighting the need for a robust foundation for such policies.
  • Three Policy Instruments: The government has used legal safeguards, reservations in public sectors, and measures to improve ownership of capital assets for SC/STs.
  • Ambedkar’s Vision: B.R. Ambedkar justified these measures based on the overall denial of rights and isolation faced by untouchables, not specific sub-castes.
  • Complementary Measures: Ambedkar’s policies were meant to complement each other, ensuring a holistic approach to addressing discrimination and empowerment.
  • Clarification Needed: Understanding the interconnection between legal safeguards, reservations, and economic empowerment is crucial for addressing sub-caste reservation issues.

Ambedkar’s Proposals

  • Legal Safeguards: Ambedkar proposed legal measures against caste discrimination, essential for ensuring fair treatment in the present.
  • Supplementary Reservation: Legal measures alone were insufficient; reservations in legislature, jobs, and education were necessary to supplement legal safeguards.
  • Addressing the Present: Legal safeguards and reservations together aim to address present discrimination but have limitations in rectifying historical injustices.
  • Economic Empowerment: A third policy focused on improving ownership of capital assets was essential to enhance the capabilities of untouchable youth.
  • Holistic Focus: Reservations targeted the social group as a whole, while economic policies focused on individuals lacking income-earning assets and education.
  • Policy Integration: Effective integration of these policies is necessary to ensure comprehensive empowerment and fair representation for SC/ST communities.

Sub-Caste Reservation Debate

  • Supporters’ Argument: Proponents argue that some sub-castes benefit more, advocating for separate quotas for lagging sub-castes.
  • Low Education Impact: Lower shares in public jobs for some sub-castes may stem from low education levels, not discrimination by other sub-castes.
  • Focus on Capital Assets: Enhancing ownership of capital assets and education is crucial for improving job and education participation for lagging sub-castes.
  • Policy Alternatives: Economic and educational empowerment, as suggested by Ambedkar, is a more effective alternative than sub-caste reservations alone.
  • Individual Focus: Policies should target SC individuals lacking capital assets and education, enabling better utilization of job and education reservations.
  • Potential Consequences: Sub-caste reservations without addressing underlying issues may perpetuate low participation and create a mirror image of caste society.

Legal and Social Realities

  • Economic and Social Factors: Legal solutions for discriminated groups must consider economic and social realities impacting under-representation in jobs.
  • Assessing Discrimination: Legal authorities need to determine whether under-representation is due to caste discrimination or lack of income and education.
  • Unlikely Discrimination: Discrimination by other sub-castes as a reason for under-representation is unlikely; lack of capabilities due to low income and education is more probable.
  • Individual Focus Policy: An individual-focused policy targeting economic and educational empowerment is a better alternative for effective use of reservations.
  • Floodgate Concerns: Unjustified sub-caste reservations may open the floodgates for demands from numerous sub-castes, complicating the reservation policy.
  • Mirror Image: The reservation policy could become a reflection of caste society, perpetuating divisions and undermining the original intent of reservations.
About Sub-Categorisation Within Castes

About

  • Definition: Sub-categorisation within castes involves creating sub-groups within the existing categories of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) for reservation and affirmative action.
  • Purpose: The aim is to address intra-category inequalities and ensure a more equitable distribution of benefits and opportunities among the most deprived and marginalized sections of society.

Legality of Sub-Categorisation

  • Historical Attempts: States like Punjab, Bihar, and Tamil Nadu have attempted sub-categorisation, which has faced legal challenges reaching the Supreme Court.
  • Constitutional Dilemma: In E.V. Chinnaiah vs State Of Andhra Pradesh And Ors (2004), the Supreme Court asserted that only Parliament has the authority to create and notify SC and ST lists.
  • Contradictory Rulings: In State of Punjab and Others vs Davinder Singh and Others (2020), a five-judge Bench ruled that states could decide on the quantum of benefits for SCs/STs already notified without “tinkering” with the lists.
  • Judicial Conflict: The contradiction between the 2004 and 2020 judgments led to the 2020 judgment being referred to a larger Bench for resolution.
  • Constitutional Mandate: Article 16(4) of the Constitution empowers the state to make any provision for reservation in matters of promotion in favor of SCs and STs if they are not adequately represented in state services.

Way Forward for Effective Policy Implementation :

  • Enhancing Capabilities: Improving ownership of capital assets and education levels for lagging sub-castes is essential for better access to jobs and education.
  • Holistic Approach: A comprehensive approach integrating legal safeguards, reservations, and economic empowerment is necessary for effective representation and empowerment.
  • Data-Driven Decisions: Legal authorities must base decisions on accurate data and academic justification to address the issues effectively.
  • Avoiding Missteps: Implementing sub-caste reservations without addressing fundamental issues may leave problems unaddressed and perpetuate existing disparities.
  • Balanced Policy: A balanced policy focusing on individual needs and overall group empowerment is crucial for achieving equitable representation and opportunities.
  • Long-Term Vision: A long-term vision integrating economic, educational, and legal measures is essential for sustainable empowerment and social justice for SC/ST communities.
  • Stakeholder Collaboration: Collaboration between government, academia, and community leaders is vital to ensure policies are effectively designed and implemented.
  • Monitoring and Evaluation: Regular monitoring and evaluation of policies and their impact are necessary to make data-driven adjustments and improvements.
  • Capacity Building: Investing in capacity building for SC/ST individuals through training programs can enhance their skills and readiness for job opportunities.

Conclusion

A holistic approach integrating legal safeguards, reservations, and economic empowerment is essential for effective SC/ST representation. Sub-caste reservations must be justified with robust data and academic reasoning to avoid perpetuating existing disparities and ensure equitable opportunities for all disadvantaged groups within these communities.

Source:The Hindu

Mains Practice Question:

Discuss the challenges and implications of implementing sub-caste reservations for SC/ST communities in India. Critically analyze whether such reservations align with Dr. B.R. Ambedkar’s vision of social justice and empowerment. (250 words)

Associated Article:

 https://universalinstitutions.com/18257-2/