Context:

• This article is based on the news “On the sub categorisation within castes” Which was published in the Hindu. Recently, the Prime Minister of India promised to look into the sub categorisation of Scheduled Castes (SCs) to identify and help the most backward among them.

Telangana’s Reservation Battle: Madigas Seek Fair Share

• In Telangana, the Madiga Reservation Porata Samiti (MRPS) is demanding internal reclassification of Scheduled Caste reservations. 
• Of the nearly 17% Scheduled Caste population in Telangana, Madigas account for nearly 50% and they have claimed that their share of representation was being taken up by another Scheduled Caste community, the Malas. 
• According to the annual report of the Ministry of Social Justice and Empowerment, there were 1,263 SCs in the country in 2018-19.
• In the last few decades, multiple States like Punjab and Tamil Nadu have tried to bring in reservation laws at the State level to sub categorize Scheduled Caste.
  • However, currently the matter is referred to a larger bench of the Supreme Court.

What are Caste and Sub-Caste?

• Caste System in India: It is a social hierarchy that has existed for centuries, traditionally dividing people into different groups based on their occupations and social roles.
  • It is associated with main categories: Brahmins (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and farmers), Shudras (laborers and service providers), and the outcastes.
• SubCastes: There are numerous sub-castes and sub-groups within each of these main categories. These sub-castes often originated from regional, occupational, or social distinctions.

What is Sub categorisation of Caste?

• Sub Categorisation of Caste: It refers to further classifying broader caste groups into sub-groups based on various criteria. 
• Demand for Sub Categorisation of Caste: Over time, some castes and communities have sought recognition and specific privileges based on their unique characteristics, historical backgrounds, or socio-economic status. 
  • Sub-categorization attempts to address the diversity within larger caste groups and provide targeted benefits to specific sub-groups that may be perceived as socially and economically disadvantaged.

Also Read: Sub-Categorisation of OBCs

Why Is Sub categorisation within Caste Needed?

• To Address Inequalities Among Scheduled Caste Communities: There have been graded inequalities among SC communities and even among the marginalized, some communities have lesser access to basic facilities. 
  • The relatively more forward communities among them have managed to avail benefits consistently while crowding the more backward ones out. 
• Disproportionate Share in Opportunities: The policy of protective and compensatory discrimination leads to disproportional representation of sub-castes in employment, education, and legislature.
• • In Tamil Nadu, a 3% quota within the Scheduled Caste quota is accorded to the Arundhatiyar caste, after Justice M S Janarthanam report stated that despite being 16% of the SC population in the state, they held only 0-5% of the jobs.
• Overcoming Hierarchy Practiced within  Scheduled Castes: The Scheduled Caste category is not homogenous and comprises a wide range of communities with distinct cultural, social, and economic characteristics. 
  • Some SC communities may have made progress in education, employment, and socio-economic development, while others continue to face significant disadvantages.
• Help  Scheduled Castes to Secure Social Mobility: The reservation policy is ineffective in providing benefits to every sub-caste group at a uniform level which resulted in competition and conflict between various sub-caste groups of Scheduled Castes. 
  • The acquisition of political power, educational improvement, and occupational change could become the major assets for Scheduled Castes’ upward mobility, which acts as a major factor for the demand for sub-categorization.
• Ensuring Social Justice: Social justice emphasizes ensuring that historically marginalized communities receive fair and just treatment and that their specific concerns are adequately addressed. 
  • Sub-categorization allows for a more targeted approach in addressing the specific vulnerabilities and needs of particular SC sub-groups. 
• Ensuring Equitable Distribution of Resources: Sub-categorization could help avoid the concentration of benefits in certain communities while others remain underserved. 
  • For this, States have tried to divide the scheduled caste quota on the grounds that caste is a form of graded inequality. Punjab created an order of preferences in 1975 within scheduled castes for recruitment. 

What challenges are associated with the Sub categorisation of Caste?

• May Not Address the Problem of  Inequality within  Scheduled Castes (SCs): According to the National Commission for Schedule Tribes (NCST), the most backward  Scheduled Castes are lagging so far behind forward Scheduled Caste communities that a separate quota would not help. 
  • The NCSC and the NCST had thus recommended that existing schemes and government benefits first reach these sections before any sub-categorisation.
• Issue of Federalism: The Supreme Court held in 2004 that the State did not have the power to unilaterally sub-categorise communities in the list of SCs. The Constitution has provided that these lists can only be made by Parliament and notified by the President. 
  • However, a five-judge Bench headed by Justice Arun Mishra had held in a 2020 judgment, that deciding on the quantum of benefits in the lists of SCs/STs already notified would not amount to “tinkering” with it and that States could do it. The judgment has been referred to the larger Bench. 
• Identification and Criteria: Determining the criteria for sub-categorization can be challenging. Parameters such as socio-economic status, educational attainment, or regional factors may be considered, but reaching a consensus on these criteria can be difficult.
  • In a 1976 case, State of Kerala v N M Thomas, the Supreme Court laid down that “Scheduled Castes are not castes, they are class.”
  • In the E V Chinnaiah case in 2005, the court had held that special protection of SCs is based on the premise that “all Scheduled Castes can and must collectively enjoy the benefits of reservation regardless of inter­se inequality” because the protection is not based on educational, economic or other such factors but solely on those who suffered untouchability.
• Data Accuracy and Availability: Concrete population numbers of each community and sub-community and their respective socio-economic data are necessary, which can provide a reasonable ground to decide how castes can be categorised, how much percentage should be given, etc. 
  • Obtaining accurate and up-to-date data on the socio-economic status of different Scheduled Caste communities is a challenge. 
• Potential for Intra-group Disputes: Sub-categorization may lead to internal divisions and disputes among SC communities. Some groups may feel marginalized from the benefits, leading to social tensions within the broader  Scheduled Caste category. 
  • For instance, backwardness among  Scheduled Castes also draws from the practice of untouchability, and sub categorisation may sharpen differences within and bring in competitive affirmative action. 
• Possibility of Fragmentation: The issue of caste and reservations is a complex and sensitive one in India and there is a risk that sub-categorization might lead to the fragmentation of the SC community, diluting their political and social identity. This could weaken their collective strength in advocating for their rights. 

Way Forward: 

• Exploring Alternatives to Introduce Sub-Categorisation: The Union government needs to explore legal options for the same. For instance, the Attorney General of India (AGI) had opined that a constitutional amendment could be brought in to facilitate this.
  • The NCSC and NCST had opined that Article 16(4) of the Constitution already provided for States to create special laws for any backward classes it felt were under-represented.
  • The Usha Mehra committee recommended the inclusion of Clause (3) in Article 341 through a constitutional amendment empowering state legislature to enact reclassification of the Scheduled Caste category subject to Presidential confirmation.
• Data Collection and Analysis: Ensuring comprehensive and accurate data collection on the socio-economic conditions of different Scheduled Caste communities. 
  • For instance, a caste-based census could provide more accurate and up-to-date data on the social and economic status of various caste groups, helping formulate and evaluate affirmative action policies and welfare programs.
• Concept Of Creamy-Layer: The concept of a “creamy layer” within SCs was upheld by the court in a 2018 judgment in Jarnail Singh v Lachhmi Narain Gupta.
  • The “creamy layer” concept puts an income ceiling on those eligible for reservation. While this concept applies to Other Backward Castes, it was applied to promotions of Scheduled Castes for the first time in 2018.
• Criteria Development: Develop transparent and inclusive criteria for sub-categorization, considering factors such as socio-economic status, educational attainment, and regional disparities.
  • The Andhra Pradesh government in 1996 formed a Commission of Justice Ramachandra Raju, which recommended sub categorisation of Scheduled Caste in the State based on evidence that some communities were more backward and had less representation than others. 
• Following the Middle Path: Strike a balance between recognizing the diversity within the Scheduled Caste category and maintaining the overall unity of the community. 
  • Policies need to address the specific needs of sub-groups without causing fragmentation or weakening the collective strength of the SC community.

Conclusion:

The Sub Categorisation of Scheduled Caste is imperative to address internal disparities, ensure targeted social justice, and promote equitable distribution of resources, but careful consideration of constitutional provisions, data accuracy, and potential challenges is essential to navigating this complex terrain for the collective upliftment of marginalized communities.