The Supreme Court stay on OBC reservations in IITs
and IIMs has trigerred a new demand — if there are doubts about
the OBC share in population, do a headcount
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| |
Political
parties want the stay vacated by arguing there is no data that
puts the OBC count at less than 27 percent |
The Supreme Court’s
stay on the Union government’s proposal to extend reservations
for Other Backward Classes in educational institutions run by the Central
government has shifted the focus of the debate to the need for a caste
census. The debate, last held before the 2001 “millennium”
census, is once again polarising political parties and academicians
alike.
Although the sc
order seems to object more to the government’s decision not to
exclude the “creamy layer” of the OBCs, it has categorically
noted, “It would be permissible for the Union of India to initiate
or continue process, if any, for determining on a broad based foundation
“Other Backward Classes”.”
The government
had cited the Indra Sawhney and other cases that had held the legitimacy
of OBC reservations in both the Centre and the states. But the court
has demanded fresh data, maintaining that even the Sawhney judgement
said that the backwardness of communities had to be reviewed regularly.
Acknowledging that the Mandal report used various sources for its data,
it said that the use of the 1931 Census even as the “determinative
factor” in deciding the quantum of backward castes was untenable,
and that even the Sawhney judgement had called for a “periodic
identification” of OBCs. It said that ‘it was permissible
for the union government to have a collectable database’.
To get the stay
vacated for the proposed reservations to be implemented from 2007-08,
the Centre will file a review petition following the all-party meeting
convened by Prime Minister Manmohan Singh.
Meanwhile, voices
are being raised so that the 2011 Census asks citizens for their caste
as well. Political circles feel a caste census would put to rest controversies
over data veracity. But at the moment, political parties want to have
the stay vacated by arguing that there is no statistic that puts the
OBC population below 27 percent. Furthermore, the increase in seats
is to be implemented over three years, which means 9 percent a year.
Congress MP M. Hanumanth Rao, convenor of the Parliamentary Forum of
OBC mps, wonders why the court had to stay even a 9 percent increase.
If the sc heeds that then the demand for a caste census may also die
down. Already the Congress has come out against the idea on the grounds
that it would hurt social harmony. “What will such a census prove
— that the OBC population is not 44 percent but 46 percent?”
asked Congress spokesperson Abhishek Manu Singhvi. That the issue of
a caste census has reached a tipping point is evident from the fact
that this is the first time the Congress has taken an official position
on the issue ever since HRD Minister Arjun Singh announced the proposal
last year. To reiterate Singhvi’s point, party spokesperson Satyavrat
Chaturvedi stuck to the same argument, saying, “The SC/ST population
is counted, for that is a social segment; but not the size of a particular
caste.”
Within the bjp,
the opinion is divided. The two parties are apparently concerned that
a caste census might make regional OBC politics easier, and could hurt
them. On the other hand, going ahead with a caste census may also alienate
whatever little forward caste support the Congress is left with. Predictably,
Ram Vilas Paswan of the Lok Janshakti Party and Sharad Yadav of the
Janata Dal (United) have been demanding a caste census. “All those
who have been enjoying the fruits of the caste system have stalled such
a census,” Yadav was quoted as saying by the media.
Speaking to Tehelka
on the caste-based census, psephologist Yogendra Yadav had said: “We
don’t need to count the exact number of Brahmins, Patels, Yadavs
and Mahars in each village. All we need to do is to enumerate the OBCs,
just like the scs and the sts.” He was also of the view that the
social profile of students in higher educational institutions and organised
jobs was needed to know what proportion of these were occupied by privileged
castes.
The Andhra Pradesh
government is already considering a proposal by the state Backward Classes
Commission for conducting a survey of OBCs and their socio-economic
conditions in the state whereas the Karnataka government is already
conducting one. These state surveys, which are acquiring data not just
on caste numbers but demographic characteristics would provide all the
details required by the Mandal criteria for identifying OBCs on the
basis of ‘social and economic backwardness’.
The ministry of
social justice and welfare is preparing a proposal to request the Registrar
General of India (RGI) to undertake an all-India census exclusively
of OBCs to plan various schemes for OBC welfare that the ministry is
in-charge of. But the RGI is unlikely to conduct a census before 2011.
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Also see page 22
