आधे इधर जाओ
आधे उधर जाओ
बाकी मेरे पिछे आओ
The Jailor in Sholay
The most used argument while talking about the reservation
system in India is the percentage of the castes in the total population to
which reservation is granted. What is the percentage of open category people? How
many people are out of the so-called backward classes? It is vexed question of imperfectly
applied law and incomplete facts.
There has been no caste based census since 1921. Many castes
were included in the reserved category over the years by successive
governments. The exact number of castes which are considered open category is
not clear. The Scheduled Castes [SC] and Scheduled Tribes [ST] are listed
in Presidential Order. Other Backward Classes [OBCs], a category which was
provided for in the Constitution was not granted reservation till after the implementation
of the Mandal Commission report. Various states have their own lists of these
reserved castes. A caste which finds itself in the ST lists of one state may be
in open category in some other state.
There is no list of open category people available. There are
castes, subcastes and further divisions within castes based on various factors.
There has been no attempt even to gather data about this diversity.
From the miniscule number of Parsis to sizeable population of
Sikhs, from uncounted lakhs of Jains to multitudes of converted Christians,
many minority communities enjoy special protection and status under the Constitution,
but they are open category too.
Maharashtra is a composite of parts from various erstwhile
states made into one after the linguistic reorganization of states. Because of
its dense forest cover and rich rural life, various tribes and castes thrived
in Maharashtra. After industrialization there has been massive influx of people
from out of Maharashtra due to various factors. Arguably, Maharashtra is the
most cosmopolitan of all states. With industries and businesses, it attracts
skilled labour, investors and entrepreneurs from other states. As in all
societies, immigrants excel in academics in Maharashtra. Many immigrants become
open category people, because of rules regarding domicile for availing caste
reservations. Sindhi, Punjabi, Marwari, Kayastha, Telugu, Kannada, Tamil
and various other people have made Maharashtra their home. Many of these do not
enjoy any reservation benefit.
Many Muslim castes are included in the OBCs, but there are so
many others who are in open category. In 2014, along with Maratha reservation,
some more castes of Muslims were provided reservation, vide an
ordinance. The challenge to this ordinance was rejected by the Bombay High Court
regarding reservation for Muslims in education. But the ordinance was not
turned into law. The ordinance lapsed in due course. As of now, many Muslims are
in open category.
Another class of people in open category in Maharashtra are people
not having caste validity certificates, though they have caste certificates as
belonging to this or that category. Of course, the creamy layer of the OBCs and
the newly minted SEBCs are to be counted in the open class.
The trouble lies in the fact that the OBCs were given
reservation without any census determining their percentage in the population.
Likewise, the latest reservation given to the Marathas is not based any figures
about population. Admittedly, there was no census. The claim that they
constitute 32% of the population is not supported by any data. There is also no
data to show that the percentage of SC and ST population was allotted adequate
representation or otherwise. Since the implementation of various reservations,
castes have been added to it. Proportionately, by the logic of it, percentage
of reservation should have been increased. But as has been held by Courts time
and again, the aim and object of reservation is “adequate,” not “proportionate”
representation.
In Indra Sawhney’s case, the Supreme Court capped the percentage
at 50%. The principle laid down in that case, and as stated by the Supreme
Court while hearing EWS matter, the law is maximum 50% reservation. It means
that 50% should be left for meritorious candidates.
Again, it is to be
understood that 50% are not reserved only for so called open category. They are
for all who are meritorious. As to reserved category candidates objecting to
the recent demand for reservation no more than 50%, only this. Meritorious from
various categories take up seats from open category and use earmarking to give
benefit to another candidate. Creamy layer students from across all categories
also take up seats from open category.
And lastly, where’s the list of open category castes? Where are
the numbers which say that they are only this or that percentage of the population?
Who are beneficiaries of reservation to say that this much is sufficient for
hardworking students?
Meticulously kept records of births and deaths, even a cursory statistical
analysis from the Transfer Certificates [TCs] issued in a particular academic
year by all schools in Maharashtra will provide adequate data for the
government to form estimates of the caste-wise percentages of different sections
of the society. Are we ready?
Adv. Shrirang Choudhary