SUB-CATEGORISATION OF SCHEDULED CASTE
1. Context
The Modi Government is weighing its options on a controversial and far-reaching step introducing “sub-categorisation” among Scheduled Castes (SC). This entails fixing a separate quota for some castes within the SC category ostensibly to ensure that a few “influential SC communities” don’t corner most of the benefits.
2. What is the issue?
- Caution is needed when considering the sub-categorization of SCs and STs due to various complexities.
- Unlike OBCs, SCs and STs do not have a creamy layer, and addressing backwardness among them involves dealing with untouchability issues.
- Sub-categorization may exacerbate differences within these communities and lead to competition for affirmative action.
- There is already a demand for OBC status from groups like Marathas, Patels, and Jats, making the situation more challenging.
- Some SC communities, like Madigas in Telangana, feel marginalized and seek a separate quota.
- Key Ministries are discussing the proposal, which would require amending Article 341 of the Constitution.
- Legal options include waiting for a larger Supreme Court bench to rule on the matter or going ahead with the amendment.
- Sub-categorization has a contentious history, with earlier attempts in states like Andhra Pradesh, Haryana, Punjab, and Tamil Nadu on hold.
- The idea has both supporters and opponents within the government.
- Concerns include encroachment on states' powers, the potential for the creamy layer issue, and its applicability to STs and new entries in the list of SCs and STs.
- The issue remains complex and politically sensitive.
3. What is the Presidential list?
- In India, the term "Presidential list" typically refers to the Presidential Orders issued under Articles 341 and 342 of the Indian Constitution.
- These articles deal with the recognition and classification of Scheduled Castes (SCs) and Scheduled Tribes (STs), respectively.
- The President of India, upon the advice of the Governor of a state, can issue a notification specifying which communities or groups within a state are to be recognized as Scheduled Castes or Scheduled Tribes.
- These notifications are known as Presidential Orders, and they are crucial for determining eligibility for various affirmative action programs, reservations in government jobs, educational institutions, and other benefits for SCs and STs.
- The process involves recommendations from the State Government, scrutiny by the Ministry of Social Justice and Empowerment at the central level, and finally, the issuance of the Presidential Order by the President of India.
- The Presidential list is, therefore, a list of communities or tribes that have been officially recognized as Scheduled Castes or Scheduled Tribes in a particular state or union territory of India.
- This list can vary from state to state based on the demographic composition and historical background of each region.
4. Who are Madiga community?
- The Madiga community is a Scheduled Caste (SC) community in India, primarily found in the southern states of Andhra Pradesh, Telangana, Karnataka, and parts of Tamil Nadu.
- Scheduled Castes, also known as Dalits, historically faced social and economic discrimination and were considered the lowest in the caste hierarchy in India.
- The Madiga community, like other SC communities, has historically experienced social and economic marginalization, including discrimination and exclusion from various aspects of social life, such as education and employment.
- As a result, they have been beneficiaries of affirmative action policies and reservations provided by the Indian government to uplift marginalized communities.
- It's important to note that within the broader category of Scheduled Castes, there are various subgroups and communities with their distinct identities, histories, and challenges.
- The Madiga community is one of these subgroups within the Scheduled Caste category in South India.
- Over the years, there have been movements and demands within the Madiga community for greater recognition and rights, as well as for a separate quota within the SC category to address internal disparities and inequities.
5. What is a Mala community?
- The Mala community is another Scheduled Caste (SC) community in India, primarily found in the southern states of Andhra Pradesh and Telangana.
- As with other SC communities, the Mala community has historically experienced social and economic discrimination and has been subjected to various forms of marginalization and exclusion.
- The Mala community, like the Madiga community and other SC groups, has been a beneficiary of affirmative action policies and reservations provided by the Indian government to address historical injustices and uplift marginalized communities.
- These policies aim to provide opportunities in education, employment, and political representation to SCs.
- It's important to understand that within the broader category of Scheduled Castes, there are numerous subgroups and communities, each with its unique identity, history, and socio-economic conditions.
- The Mala community is one of these subgroups within the SC category in the southern regions of India.
- Like other SC communities, the Mala community has also had its share of social and political movements advocating for their rights and addressing disparities within their community.
6. What is a creamy layer?
The "creamy layer" refers to a threshold of economic and social status within a particular reserved category that is deemed to be relatively privileged and not in need of affirmative action benefits, such as reservations in educational institutions and government jobs. The concept of the creamy layer was introduced to ensure that the benefits of reservations reach those who are genuinely disadvantaged and economically deprived within the reserved categories.
For example:
- In the case of OBCs, the creamy layer concept is applied to exclude individuals or families within the OBC category who have achieved a certain level of income or social status. These individuals are considered part of the creamy layer and are not eligible for OBC reservations in higher education and government jobs.
- For SCs and STs, there is typically no creamy layer concept. Reservations for these categories are intended to benefit all members, regardless of their economic status, due to the historical discrimination and social disadvantages they have faced.
The idea behind the creamy layer concept is to prevent the reservation benefits from concentrating among the relatively well-off individuals or families within a reserved category, thereby ensuring that the most economically and socially disadvantaged individuals receive the intended benefits of affirmative action policies. The specific criteria and income thresholds for determining the creamy layer can vary and are periodically revised by the government.
7. What are the arguments for and against sub-categorisation?
Sub-categorization of reservations in India, especially within Scheduled Castes (SCs) and Scheduled Tribes (STs), is a complex and contentious issue. Various arguments exist both for and against sub-categorization:
Arguments in Favor of Sub-Categorization:
- Addressing Internal Disparities: One of the primary arguments for sub-categorization is that it helps address internal disparities within SCs and STs. By identifying specific groups or communities within these broader categories that are more marginalized or disadvantaged, sub-categorization can ensure that the benefits of reservations reach those who need them the most.
- Equitable Distribution: Sub-categorization can lead to a more equitable distribution of reserved seats and benefits. It can prevent dominant groups within SCs and STs from monopolizing the advantages of reservations, ensuring that smaller and more vulnerable subgroups receive their fair share.
- Efficient Resource Allocation: Sub-categorization can help in efficient resource allocation by targeting government resources, such as scholarships and welfare programs, toward the neediest subgroups, thereby maximizing the impact of affirmative action policies.
- Social Justice: Proponents argue that sub-categorization aligns with the principles of social justice by addressing historical injustices and ensuring that the most marginalized communities receive support to uplift themselves.
Arguments Against Sub-Categorization:
- Complexity: Critics argue that sub-categorization introduces complexity into an already intricate system of reservations. Determining which subgroups should receive how much benefit can be administratively challenging and lead to disputes.
- Divisiveness: Sub-categorization can sometimes lead to divisions and conflicts within the SC and ST communities. It may create rivalries among subgroups competing for reserved seats and benefits, potentially undermining solidarity among these communities.
- Administrative Burden: Managing multiple subcategories may pose an administrative burden on the government, including the need for data collection and constant revision of subcategories.
- Legal Challenges: The constitutionality of sub-categorization has been a subject of legal debate. While some judgments have upheld its validity, others have sought further clarification from larger benches of the Supreme Court.
- Political Factors: The issue of sub-categorization is often influenced by political considerations. Decisions to subcategorize or not can be influenced by electoral dynamics and political interests.
The arguments for sub-categorization focus on addressing internal inequalities and ensuring equitable distribution of benefits, while the arguments against it emphasize the potential complexities, divisiveness, and administrative challenges it may pose. The decision to implement sub-categorization is a nuanced one and requires careful consideration of its potential impact on marginalized communities and the broader social fabric.
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For Prelims: The Presidential List, Article 341 of the Constitution, Creamy layer, Sub-Categorization, Scheduled Caste (SC), and Scheduled Tribe (ST). For Mains: 1. Discuss the concept of sub-categorization of SCs in India. What are the key arguments in favor of and against sub-categorization? Assess the implications and challenges associated with implementing sub-categorization as a policy measure for social justice. (250 Words). |
Previous year question1. Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both? (UPSC 2013) A. State Forest Department B. District Collector/Deputy Commissioner C. Tahsildar/Block Development Officer/Mandal Revenue Officer D. Gram Sabha Answer: D |
Source: The Indian Express
