Sub-Categorization Within Castes

01-02-2024

Context

Prime Minister Narendra Modi pledged to explore sub-categorization of Scheduled Castes (SCs) during an election rally in Telangana. This issue was raised by the Madiga community.

Meaning of Sub-categorization

Sub-categorization refers to the classification of Scheduled Castes (SCs) into sub-groups based on social and economic criteria.
Aim: Addressing inequalities within the SC community and acknowledging persistent under-representation of some groups despite existing reservation benefits.

Why there is need of Sub categorization?

Diversity within SC, ST, and OBC Categories: Significant diversity and heterogeneity exist within the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) categories.
Disproportionate Representation: Within the SC, ST, and OBC categories, some sub-groups have garnered a significant portion of the benefits, leading to inequalities among the communities.
Demand for Sub-categorization: Various sub-groups within SC, ST, and OBC categories, including the Madigas in Telangana, Paswans in Bihar, and Jatavs in Uttar Pradesh, are advocating for sub-categorization.
Ensuring Social Justice: Sub-categorization is seen as a mechanism to rectify imbalances and promote social justice within these marginalized communities.

Legal Status of Sub-categorization

State’s attempts: Multiple States, including Punjab, Bihar, and Tamil Nadu, have attempted State-level reservation laws for sub-categorization, facing legal challenges.
Supreme Court Judgement:

E. V. Chinnaiah v State of Andhra Pradesh (2004) :Supreme Court judgment stated that unilateral sub-categorization by States is not within their power, as only Parliament can make and notify SC/ST lists.
Davinder Singh case(2020): In a 2020 judgment related to Punjab's attempt at sub-categorization, a five-judge Bench suggested that deciding on benefits within the existing SC/ST lists might be permissible for States and suggested a larger constitutional bench rule on the matter.

Article 16(4) : Article 16(4) of the Constitution already allows States to create special laws for under-represented backward classes.

Formation of Committee by Union Government

The Union government has constituted a five-member committee of Secretaries, chaired by the Cabinet Secretary.
Objective: Evaluate and devise a method for the equitable distribution of benefits, schemes, and initiatives among the over 1,200 Scheduled Castes (SCs) in India.

Arguments and Counterarguments

Arguments for Sub-categorization	Counterarguments
Unequal sharing of benefits among SC communities highlighted as the primary reason. Some SC communities face more significant barriers, resulting in lesser access to basic facilities and benefits. Sub-categorization aims to provide separate reservations for more backward communities within the SC category.	Separate reservations within categories might not address the root cause. The most backward SCs lag significantly behind, making separate quotas ineffective in ensuring representation at higher levels. Existing schemes and government benefits should reach these sections before considering sub-categorization.

Challenges and solution in implementation of Sub-categorization

SNO	Challenges in Implementation	Solutions
1	Establishing precise criteria for sub-categorization, considering factors like education, income, and social status, can be challenging.	Form a committee comprising experts, community representatives, and policymakers to collaboratively define transparent and fair criteria.
2	Dominant sub-groups within SCs may resist sub-categorization, fearing a potential shift in reservation benefits.	Conduct awareness campaigns and dialogue sessions to address concerns, emphasizing the objective of equitable representation for all sub-groups.
3	Gathering accurate data on the socio-economic status of different SC sub-groups for fair sub-categorization is a complex task.	Invest in comprehensive surveys, involve social scientists, and leverage technology for accurate data collection and verification.
4	Constitutional implications and potential legal challenges may arise, as seen in previous court cases.	Seek legal expertise to draft a framework that aligns with constitutional provisions and anticipates potential legal hurdles.
5	Sub-categorization may risk creating divisions within the SC community, impacting its unity.	Foster dialogue and inclusivity; highlight that the goal is to address disparities and ensure fair representation without weakening overall unity.
6	Political considerations and opposition may hinder the smooth implementation of sub-categorization.	Engage with political stakeholders, build consensus, and demonstrate the positive impact of sub-categorization on social justice and representation.

Conclusion

The issue of sub-categorization remains a subject of ongoing dialogue, involving community leaders, policymakers, and legal experts. A holistic approach is essential in crafting policies that ensure representation and benefits are distributed equitably among diverse sub-groups within SC, ST, and OBC categories.