TAG: GS 2: POLITY
THE CONTEXT: The Union government’s recent formation of a five-member committee, led by the Cabinet Secretary, to delve into the sub-categorisation of Scheduled Castes (SCs) in India reflects a pivotal step in addressing the demand for equitable distribution of benefits among the diverse SC communities.
EXPLANATION:
- The decision to examine SC sub-categorisation comes amid a larger constitutional discourse, with a seven-judge Constitution Bench of the Supreme Court.
- It is set to deliberate on the permissibility of sub-categorisation among SCs and Scheduled Tribes.
- While the Supreme Court focuses on the constitutional aspects, the government panel is tasked with exploring alternative strategies to address the grievances of the most backward SC communities, avoiding discussions on reservations currently under judicial scrutiny.
- The committee, formed earlier this month, comprises Secretaries from key ministries, including Home, Law, Tribal Affairs, and Social Justice.
- While its primary focus is on devising methods for fairer distribution of benefits, the committee is strictly instructed not to encroach upon questions of reservation or quota allocation.
- Instead, it aims to explore avenues such as special initiatives and targeted utilization of existing schemes to address the specific needs of marginalized SC communities.
The Madiga Community’s Struggle:
- The Madiga community, constituting a significant portion of SCs in Telangana, has been advocating for sub-categorisation since 1994.
- Previous commissions, like the Justice P. Ramachandra Raju Commission (1996) and the National Commission (2007), acknowledged the feasibility of sub-categorisation.
- The Madigas argue that benefits, particularly reservations, intended for SCs, have disproportionately favored the Mala community, leaving them marginalized.
State-Level Initiatives and Legal Considerations:
- Various states, including Punjab, Bihar, and Tamil Nadu, have attempted state-level reservation laws to sub-categorise SCs.
- However, these initiatives await the Supreme Court’s decision.
- Legal experts emphasize that a caste census providing socio-economic data is crucial to justify sub-categorisation.
- In 2005, the Union government considered legal options, but the National Commissions for Scheduled Castes and Scheduled Tribes stressed the urgency of ensuring existing benefits reach the marginalized communities on a priority basis.
- Supreme Court advocate underscores the necessity of a comprehensive caste census to serve as an empirical basis for sub-categorisation.
- He argued that this data is crucial to determine the specific needs of each community and justify an equitable distribution of benefits.
Sub-Categorisation Within Castes:
- Sub-categorisation within castes refers to the process of creating sub-groups within the existing categories of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) for reservation and affirmative action.
- Sub-categorisation aims to address the intra-category inequalities and ensure a more equitable distribution of benefits and opportunities among the most deprived and marginalized sections of society.
- The Supreme Court of India, in the case of E.V.Chinnaiah vs State Of Andhra Pradesh And Ors, 2004, asserted that only Parliament has the authority to create and notify SC and Scheduled Tribes (STs) lists.
- However, in another case of State of Punjab and Others versus Davinder Singh and Others, 2020 judgment, a five-judge Bench ruled that States could decide on the quantum of benefits in the lists of SCs/STs already notified without “tinkering” with them.
- The contradiction between the 2004 and 2020 judgments has led to the 2020 judgment being referred to a larger Bench.
- There is a constitutional mandate and a judicial endorsement for sub-categorisation within castes, as Article 16 (4) of the Constitution empowers that the State can make any provision for reservation in matters of promotion in favour of the SCs and STs if they are not adequately represented in the services under the State.
Conclusion:
- The government’s proactive step in forming a committee to address SC sub-categorisation signifies a commitment to fostering inclusivity and social justice.
- As the legal deliberations unfold, the importance of empirical data and targeted strategies to address historical inequalities among SCs becomes increasingly evident.
- This initiative holds the potential to reshape policies, ensuring that the benefits intended for marginalized communities are distributed more equitably, fostering a more inclusive and just society.