Context:

In a significant development, the Union government, led by Prime Minister Narendra Modi, has established a high-level committee of secretaries to delve into the intricate issue of sub-categorization within the Scheduled Castes (SCs). The formation of this committee comes in response to the persistent demand from the Madiga community in Telangana for a fair distribution of benefits and opportunities within the SCs, a demand that has been resonating since 1994. 

What is Sub-categorization of caste?

●      Sub Categorisation of Caste:

Refers to the further classification of broader caste groups into sub-groups based on various criteria.

●      Demand for Sub Categorisation of Caste:

Some castes seek recognition and specific privileges based on their unique characteristics, historical backgrounds, or socio-economic status.

Why Categorisation within Caste is Needed?:

To Address Inequalities Among SC Communities:

         Graded inequalities persist among SC communities.

Disproportionate Share in Opportunities:

         Protective and compensatory discrimination leads to disproportionate representation of sub-castes in employment, education, and legislature.

Example – In Tamil Nadu, the Arundhativar caste, constituting 160% of the SC population, receives only a 3% quota within the SC quota, with minimal representation in jobs.

Overcoming Hierarchy Practiced within SCs:

         The SC category is diverse, comprising communities with distinct cultural, social, and economic characteristics.

Helping SCs Secure Social Mobility:

         The reservation policy fails to uniformly benefit every sub-caste group.

Ensuring Social Justice:

         Sub-categorization allows a more targeted approach to address the vulnerabilities and needs of specific SC sub-groups.

Ensuring Equitable Distribution of Resources:

         It could prevent the concentration of benefits in certain communities, ensuring others are not underserved.

Historical Context and Madiga Community's Demands:

The demand for sub-categorization of SCs is not a recent phenomenon; it traces back to 1994 when the Madiga community in Telangana first raised its voice. The Madigas, constituting at least 50% of the SC population in Telangana, have consistently argued that despite their numerical strength, they are often marginalized and excluded from government benefits, including reservations. The primary challenge stems from the dominance of another SC community, the Malas, who have historically occupied a more forward position.

In response to this persistent demand, Prime Minister Narendra Modi, after a meeting in December 2023, took a proactive step by forming a high-level committee to address the grievances of the Madiga community and, significantly, to explore solutions applicable to similarly situated SC communities nationwide. The urgency of this committee's formation reflects the government's commitment to ensuring equitable access to benefits and opportunities for all SCs.

State-Level Attempts and Legal Complexities:

Several states, such as Punjab, Bihar, and Tamil Nadu, recognizing the issue of unequal distribution of benefits within SCs, have attempted to enact reservation laws at the state level to sub-categorize SCs. However, these efforts have encountered legal hurdles, with many cases currently pending in courts. The inability to implement sub-categorization has prompted the formation of the high-level committee, which is mandated to explore alternative approaches to address the concerns of SC communities without breaking up the existing SC quota.

Composition and Scope of the High-Level Committee:

Chaired by the Cabinet Secretary, the high-level committee comprises secretaries from key ministries, including Home, Law, Tribal Affairs, Social Justice, and the Department of Personnel and Training. The committee's broad scope extends beyond the Madiga community in Telangana, aiming to investigate and devise solutions for similar challenges faced by SC communities throughout the country. While the specific deadline for the committee's findings has not been set, it has been directed to present its recommendations at the earliest.

Objectives and Responsibilities of the Committee:

The primary objective of the committee is to identify ways in which benefits, schemes, and government initiatives can be more effectively distributed to the most backward communities within the SCs. Recognizing that breaking up the existing SC quota is not on the table, the committee will explore alternative avenues to channel benefits towards deserving communities. This includes designing special initiatives tailored to the unique needs of specific SC communities and redirecting existing programs to ensure a more even distribution of benefits.

What challenges are associated with the Sub categorisation within Caste?

Inequality within SCs:

Addressing the problem of inequality within Scheduled Castes (SCs) may remain unresolved as a separate quota might not sufficiently uplift the most backward SC communities.

Issue of Federalism:

The Supreme Court's 2004 ruling that states lack the power to unilaterally sub-categorize communities in the SC list poses a challenge in terms of federalism.

Identification and Criteria:

         Establishing criteria for sub-categorization is a challenging task, adding complexity to the process.

Data Accuracy and Availability:

         Obtaining accurate and up-to-date data on the socio-economic status of different SC communities proves to be a significant challenge.

Intra-group Disputes:

         Sub-categorization may lead to internal divisions and disputes among SC communities, potentially causing friction within the group.

Possibility of Fragmentation:

         There is a risk that sub-categorization within Scheduled Castes might result in the fragmentation of the SC community, impacting their unity and collective identity.

Legal Precedents and Constitutional Framework:

The demand for sub-categorization has historical roots, with the Union government seeking legal options as early as 2005. The then Attorney General of India opined that sub-categorization was constitutionally permissible, but stressed the necessity for "unimpeachable evidence" to support such a move. Both the National Commissions for Scheduled Castes (NCSC) and Scheduled Tribes (NCST) opposed constitutional amendments at that time, emphasizing the priority of ensuring existing schemes reach the marginalized communities within SCs.

Articles 341 and 342 of the Indian Constitution empower the President to notify SC and ST lists and Parliament to create these lists, without explicit provisions regarding sub-categorization. The NCSC and NCST, however, argued in 2005 that Article 16(4) of the Constitution already allowed states to create special provisions for any backward classes deemed under-represented, providing a constitutional basis for sub-categorization.

Supreme Court's Role and Pending Considerations:

A seven-judge Constitution Bench of the Supreme Court is poised to deliberate on the permissibility of sub-categorization for SCs and STs. This legal scrutiny adds an additional layer of complexity to the committee's task, as its recommendations may need to align with the impending court decision. While the committee has been instructed not to focus on breaking up the SC quota, it retains the authority to form an opinion on the matter for the government's consideration, if deemed necessary.

The Way Forward

         Exploring Legal Avenues for Sub-Categorization:

●      The government should explore legal mechanisms, such as a constitutional amendment, to facilitate the introduction of sub-categorization.

         Comprehensive Data Collection and Analysis:

●      Ensure the thorough and accurate collection of socio-economic data pertaining to various Scheduled Caste (SC) communities.

         Creamy-Layer Concept:

●      The court, in the 2018 Jarnail Singh v Lachhmi Narain Gupta judgment, upheld the concept of a "creamy layer" within SCs.

●      This concept imposes an income ceiling on individuals eligible for reservation.

         Transparent Criteria Development:

●      Develop transparent and inclusive criteria for sub-categorization within the SC communities.

         Balancing Diversity and Unity:

●      Strike a balance between recognizing the diversity within the SC category and maintaining the overall unity of the community.

Conclusion:

The formation of the high-level committee underscores the government's commitment to addressing the long-standing demand for sub-categorization within the Scheduled Castes. By focusing on equitable access to benefits, schemes, and initiatives, the committee aims to rectify historical injustices and ensure that the most backward communities within the SCs receive their due share. As the committee begins its deliberations, the outcome will not only impact the Madiga community in Telangana but also set a precedent for addressing similar issues faced by SC communities nationwide. The complexities of this task, involving legal, constitutional, and socio-economic considerations, highlight the need for a comprehensive and thoughtful approach to achieve a fair and just distribution of opportunities and benefits among all Scheduled Castes.