Table of Contents
THE CONTEXT: The publication of the results of the caste survey in Bihar had raised the possibility that other states too would announce similar exercises. In this respect, the Minister for Backward Classes Welfare in Andhra Pradesh recently announced that the state will begin a backward classes census soon.
ABOUT OTHER BACKWARD CLASSES (OBCs)?
- The expression ‘OBC’ was coined to denote backward/ marginalised communities and castes that were not Scheduled Castes (SCs) or Scheduled Tribes (STs).
- Affirmative action for OBCs is mandated by
- Article 15(4) of the Constitution which states that “Nothing in this article shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens.’’
- Article 16(4) allows the state to make “any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”.
- However, the OBCs, which are the beneficiaries of 27% reservation in Central Govt jobs, are not a single category, and within the OBC, there are hundreds of castes, all at different levels of marginalisation.
- The demand for reservation for the “backwards among OBCs” has gained traction as the feeling has grown that a handful of “upper” OBCs have grabbed most of the benefits of the 27% reservation that came with the implementation of the Mandal Commission.
HISTORICAL EVOLUTION OF THE OBC RESERVATION STATUS IN INDIA
- With the establishment of Kalelkar Commission in 1953, backward classes were first recognised beyond the Scheduled Castes (SCs) and Scheduled Tribes (STs) on a national level.
- In 1980, the Mandal Commission Report estimated that the OBC population constituted 52% and identified 1,257 communities as backward.
- To address the inequity, it suggested an increase in the existing quotas (which were previously applicable only to SC/ST) from 22.5% to 49.5%, extending the reservation to include OBCs.
- Following these recommendations, the central government implemented the reservation policy, reserving 27% of seats in union civil posts and services for OBCs under Article 16(4). This policy was also enforced in central government educational institutions under Article 15(4).
- In 2008, the Supreme Court intervened and directed the central government to exclude the “creamy layer” (advanced sections) among the OBCs from benefiting from the reservation policy, ensuring that it reaches the most disadvantaged.
- In 2018, 102nd Constitution Amendment Act granted constitutional status to the National Commission for Backward Classes (NCBC). This elevated the NCBC from its previous status as a statutory body under the Ministry of Social Justice and Empowerment, giving it more authority and recognition in safeguarding the interests of backward classes, including the OBCs.
WHAT IS SUB-CATEGORISATION OF OBCs?
- The idea of sub-categorisation of OBC is to provide reservation to backwards amongst the OBCs which are granted 27% reservation in jobs and education under the central government.
- For OBCs, the debate arises out of the perception that only a few affluent communities in the Central List of OBCs have secured a major part of the 27% reservation. By creating sub-categories within OBCs it would ensure “equitable distribution” of representation among all OBC communities. To examine this, the Rohini Commission was constituted on October 2, 2017.
About Rohini Commission
- In 2017, the President of India constituted a 5 member commission to explore the concept of sub-categorization of OBC. The commission is headed by former Chief Justice of Delhi, G. Rohini.
- This commission was appointed by the President by exercising the provisions given in Article 340 of the Indian Constitution.
Terms of Reference:
- Examine the inequitable distribution of benefits among OBCs listed in the Central List.
- Propose a scientific approach and parameters for sub-categorisation within OBCs.
- Identify and classify the respective castes or communities into their respective sub-categories.
- Study the entries in the Central List of OBCs and recommend corrections for repetitions, ambiguities, inconsistencies, and errors in spelling or transcription.
SUBCATEGORIES IN STATES
- Over the decades, state governments have applied their own criteria to distribute quota benefits among the various categories of OBCs, a process that began well before the Mandal recommendations were implemented at the Centre
- In Andhra Pradesh, OBCs are divided into five subcategories: (A) Aboriginal tribes, vimukt jatis, nomadic and semi nomadic tribes etc; (B) Professional group like tappers, weavers, carpenters, ironsmiths, goldsmiths, kamsalins etc; (C) SC converts to Christianity and their progeny; (D) all other OBC castes and communities not covered in the previous three categories; (E) 14 Muslim OBC castes, who were identified in 2007. Groups A-E share 29% reservation benefits, split into 7%, 10%, 1%, 7%, and 4% respectively. Telangana follows the same model.
- In Karnataka, 207 OBCs castes are divided into five sub-groups.
- Jharkhand has two groups: Extremely Backward Classes (EBCs) and Backward Classes.
- West Bengal’s 143 OBC castes are divided into More Backwards and Backwards.
- In Maharashtra, the 21% OBC reservation is shared by the Special Backward Category (2%) and Other Backward Classes (19%).
- In Tamil Nadu, the 50% OBC quota is divided among Backward Classes (26.5%), Backward Class Muslims (3.5%), and Most Backward Classes/Denotified Community (20%).
- In Kerala, 40% OBC reservation is divided into eight subgroups, including Ezhava/Thiyya/Billava (14%), and Muslims (12%).
CHALLENGES
- Delay in sub-categorisation: There has been delay in sub-categorisation due to various issues including the disruptions caused by COVID-19 pandemic.
- Complex issues: Enumeration of OBC data is administratively complex and the information lacks completeness and accuracy since the State and Central list of OBCs are distinct.
- Breach of 50-per-cent ceiling: With sub categorisation, issue of more reservation will arise. It may lead to breach of apex court’s 50-per-cent ceiling, since many communities have sought separate reservations at the State and Central levels across India.
- Lack of data: Government lacks information for data enumeration of OBC as data from 2011 Socio-Economic Caste Census were never made public.
- Electoral politics: This sub categorisation can lead to manipulation of voters and can be used for electoral politics rather than ensuring marginalised communities issues.
THE WAY FORWARD:
- Revision of list: There is a need of periodic revision of the income limit in determining the creamy layer with inclusion of factors such as the per capita income and rise in the cost of living, etc. There is a need to develop an evidence-based policy options that can be tailored to meet specific requirements of specific groups.
- Use of Rohini Commission data: Recently released(not published) report of the Rohini Commission should be properly used for the classification of OBC without having any prejudice or bias.
- Strong political will: Political parties should channel their energies to make substantive and qualitative changes in the way the reservation is implemented and not use it for vote bank politics.
THE CONCLUSION: With the issue of sub-categorisation is again raising the debate in the country, it should be done carefully. Also, there is a need to frequently revise the income limit in determining the creamy layer for non-discrimination and equal opportunity for the marginalised section.
PREVIOUS YEAR QUESTION
Q.1 How do you explain the statistics that show that the sex ratio in Tribes In India is more favourable to women than the sex ratio among Scheduled Castes? (2015)
Q.2 Though there have been several different estimates of poverty in India, all indicate reduction in poverty levels over time. Do you agree? Critically examine with reference to urban and rural poverty indicators. (2015)
MAINS PREVIOUS YEAR QUESTION
Q.1 The Sub-categorisation of OBCs aims to provide appropriate positive discrimination for the benefit of the downtrodden and economically backward sections of the society. Examine.
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