Context

The Supreme Court of India's judgment on August 1, 2024, in The State of Punjab and Ors. vs Davinder Singh and Ors., marks a significant development in Indian jurisprudence, particularly in the realm of social justice. This decision emphasizes social jurisprudence through constitutional means and aims to extend social justice to the most neglected and marginalized groups among Dalits. The concept of sub-classification of reservations aligns with B.R. Ambedkar's ideals of fraternity and mutual respect among Scheduled Castes (SC). However, the judgment's broader commentary on the Varna system and the creamy layer may be seen as excessive and unwarranted.

Overview

• The Scheduled Castes and Scheduled Tribes comprise about 16.6% and 8.6%, respectively, of India's population (according to the 2011 census).
• The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 28 states
• Reservation to the SCs. STs and OBCs in case of direct recruitment on all India bases by open competition is given at the rate of 15%, 7.5% and 27% respectively.
• EV Chinniah v. State of Andhra Pradesh, 2004. The EV Chinniah ruling stated that sub-classification within SCs was not permissible, as SCs formed a homogeneous group.

Social justice and Ambedkar

• B.R. Ambedkar's Lifelong Struggle: Ambedkar dedicated his life to achieving social and civil justice for the most oppressed groups, particularly former untouchables. Despite his efforts, he faced resistance from the entrenched Hindu caste system.
• Internal Caste Divisions: Ambedkar emphasized the distinct social positions of various jatis and highlighted internal divisions within the caste hierarchy. A 1944 newspaper report captured his call for Scheduled Castes to address their internal divisions while advocating for the eradication of Untouchability.
• Practical Measures for Social Justice: Ambedkar's activism went beyond theory. He led significant movements such as the Mahad Satyagraha and the Kalaram temple entry movement to combat ritual discrimination against Dalits. Despite persistent opposition from Brahminical forces, his commitment to justice was unwavering.
• Graded Inequality: Shahu Patole, in his book on Dalit food in Marathawada, noted varying degrees of discrimination among different jatis. His observations align with Ambedkar's assertion of graded inequality within the caste system.

Many concerns

Implementation Concerns: The Supreme Court's sub-classification decision has yet to be implemented in many states, but it has faced criticism from some Dalit communities.

•  Administrative Complexity: Developing and managing sub-categories requires extensive data collection, classification, and administrative coordination, which can be cumbersome and prone to delays.
• Bureaucratic Hurdles: Establishing a clear and effective system for sub-categorization involves navigating complex bureaucratic processes, which can lead to inefficiencies and slow implementation.
• Resource Allocation: Ensuring equitable distribution of benefits among various sub-categories can be challenging. There may be difficulties in allocating resources fairly and addressing the needs of all sub-groups adequately.
• Defining Categories: Accurately defining and distinguishing between different sub-categories within the SC community can be contentious and may lead to disputes over classification criteria.

Fear of Fragmentation: Leading segments of Dalits fear that sub-classification may dilute their political influence by fragmenting the Dalit constituency and weakening the collective Dalit movement.

• Resistance from Stakeholders: There may be resistance from both within the SC community and among other political or social groups, particularly if they perceive the changes as disadvantageous or disruptive.
• Intra-Community Conflicts: Sub-categorization can exacerbate internal divisions within the SC community, leading to conflicts among different sub-groups over resources and recognition.

Misconception of a Unified Movement: This criticism assumes a single, unified Dalit movement, whereas sociological accounts reveal diverse shades of Dalit politics and movements.

Ambedkarite Consciousness: Critics overlook the Ambedkarite consciousness that underpins various Dalit movements. For example, the Madiga Dandora movement and the Mang caste mobilisations in Maharashtra, which display Ambedkar’s image alongside other leaders, show a shared commitment to social justice.

Impact of Bharat Bandh: A Bharat bandh organized by certain Dalit groups in North India was criticized for potentially harming the collective identity and mobilization of Dalit castes.

Regional Differences: The response to sub-classification differs between regions. In South India, most Dalit organizations support sub-classification, unlike in North India where there is more criticism.

Misunderstanding of Social Structures: North Indian Dalit organizations' concerns about division reflect a misunderstanding of the existing social structures among Dalits. Embracing sub-classification could enhance social justice by addressing jati-level issues and strengthening SC collective identity.

Ambedkarisation and Representation: Sub-classification aligns with the Ambedkarite ideal of equitable representation, as advocated by leaders like Manyavar Kanshiram, who supported representation proportional to numerical strength (Jiski Jitni Sankhya Bhari Uski Utni Hissedari).

Positive aspects of the judgement

• Respect for Marginalized Struggles: Leading SC segments should acknowledge the relentless efforts of marginalized communities like the Valmikis, Musahars, Madigas, and Arunthathiyars, rather than dismissing their struggles.
• Judgment as a Reflection of Activism: The sub-classification judgment reflects years of grassroots activism and demands for sub-categorization, exemplified by organizations such as the Madiga Reservation Porata Samithi (MRPS) and various community movements.
•  Historical Success of Sub-Classification: Historical examples, such as the successful implementation of sub-classification in Punjab and Haryana before the 2004 Chinnaiah judgment, demonstrate that such measures can be effective.
• Acknowledgment of Diversity: The judgment acknowledges that the SC category is not homogeneous but consists of distinct jatis with varying needs and challenges, challenging the notion of caste essentialism.
• Recognition of Sociological Realities: The decision recognizes the SC community's internal diversity and the need to address the nuanced needs of each group, countering the idea of a single, homogeneous SC category.
• Potential for Enhanced Social Justice: Embracing the judgment can enhance social justice and promote equitable representation of all Dalit castes, aligning with Ambedkar's vision of fraternity and inclusion.
•  Preventing Political Exploitation: The Ambedkarite movement should ensure that political parties do not exploit the judgment for their own gain while addressing the creamy layer issue seriously.
• Broadening Focus Beyond Reservations: The movement should advocate for expanding reservation policies to the private sector and pursue land redistribution to advance representation and secure material benefits for all Dalit communities.

Conclusion

Sub-categorization of Scheduled Castes (SCs) aims to address intra-community disparities by recognizing the diverse needs of different sub-groups within the SC category. While it has the potential to enhance targeted support and equitable representation, it also faces significant challenges. These include administrative complexity, potential for internal conflict, resource allocation issues, and legal hurdles. The success of sub-categorization depends on careful implementation, equitable resource distribution, and robust mechanisms to ensure that it addresses the needs of all sub-groups without exacerbating existing divisions. Ultimately, sub-categorization should be approached with a focus on fostering unity and inclusivity while ensuring that the benefits reach the most marginalized within the SC community.  The Supreme Court's August 1, 2024, judgment on sub-classification of reservations reflects a nuanced approach to social justice, aiming to address the varied levels of deprivation and discrimination within the SC community. The judgment can be seen as an extension of Ambedkar's social justice principles, acknowledging the diverse sociological realities of different jatis and striving to mitigate inequality within the SC community.

Source: the hindu