Dinkar Kapoor, State General Secretary,All India Peoples Front
(English translation from original Hindi: SR Darapuri, National President, All India Peoples Front)
(Asian independent) On 2 October 2017, the Government of India constituted a four-member commission under the leadership of Justice G. Rohini, former Chief Justice of Delhi High Court. The main task of this commission was to ensure more equitable distribution of reservation benefits among the Other Backward Classes. The mechanism, criteria and parameters were to be prepared from a scientific point of view for sub-classification in Other Backward Classes. The commission had to ensure the social rights of the extremely backward classes. After 14 extensions and 6 years, on 31 July 2023, the Rohini Commission submitted its report to President Draupadi Murmu.
The question of social rights of the extremely backward classes has been raised since independence. The Kaka Kalelkar Commission, formed in 1953, also recommended dividing the Other Backward Classes into two parts. Before this, the Backward Classes Commission had suggested dividing OBCs into backward and extremely backward classes by sub-classifying them into two groups. After this, the matter of sub-classification in Other Backward Classes was raised in the Mandal Commission. Mandal Commission member L.R. Nayak had said that it will take time for the enlightenment and upliftment of this unfortunate section of the people, i.e. the ‘Poor Dalit Backward Class’, which is suffering from extreme backwardness, until a large-scale organised effort is not made at the national level for their protective measures and benefits. Hence, it is very important that a separate category be created for them by separating them from the general list in a conscious manner, so that they can compete with people of their kind in a healthy manner, so that they can get the benefit of protective measures. For this reason, a separate category should be created for the remaining communities in the general list as well, so that an environment of healthy competition can be created among them as well. This method is necessary in the interest of the entire nation. Nayak said that the ‘Intermediate Backward Classes’ are those whose traditional occupation was farming, horticulture, betel growing, tailoring, weavers, small agro-based business activities, temple service, rural enterprises like toddy trade, oil trade, astrology etc., who have co-existed with the higher castes since time immemorial and hence had some opportunity to assimilate into better associations. Instead, the unfortunate ‘Pad-Dalit Backward Classes’ were either prevented or prohibited from mixing with Indian society and were even outright excluded. As a result of the social stigma attached to their traditional occupations, crime and nomadism, they remained at an abysmally low social level. Generally they were, ancestral occupation tribes, nomadic and wandering tribes, beldars, fishermen, boatmen, palanquin bearers, nonias, dhobis, shepherds, barbers, jamadars, tori saaj, hide and tanners, landless farm labourers, water bearers, toddy tappers, camel herders, pig herders, bullock cart drivers, forest produce collectors, hunters and fowlers, Bhadbhunja, primitive tribes (not classified in ST), outsider class (not classified in SC) and beggar community etc.
Nayak says that the point to be noted here is that the population of ‘Most Dalit backward class’ is 25.56 percent and that of ‘intermediate backward class’ is 26.44 percent. Of course, it is worth accepting that in terms of population both the categories are equal to each other. After detailed deliberations, in which I fully agree, the Commission has recommended 27 percent reservation in all jobs under the Central Government. It further recommended that seats in all scientific, technical, professional institutions run by the Central Government or the State Government should be reserved and the amount of reservation should be the same as in government jobs, i.e. 27 per cent.
In all rationale and facts, the ‘Pad-Dalit Backward Class’ is at par with Scheduled Tribes and Scheduled Castes in terms of backwardness. L.R. Naik recommended 15 per cent reservation out of 27 per cent reservation for the most backward classes in government jobs and educational institutions only. He also asked for all other concessions to be given as per SC/ST.
In the judgment given by the Supreme Court in Indra Sawhney vs. Union of India in 1992 regarding classification within ‘OBC’, it is stated in paragraph 850 that there is no constitutional bar in making classification like most backward class within backward class for the purposes of Article 16 (4) of the Constitution. This distinction should be based on the degree of social backwardness. In the case of such classification, it is necessary that reservation be distributed among all the backward classes in a proper manner, lest one or two classes gobble up the entire quota leaving the rest of the backward classes helpless. In the same order, it is said that there is no constitutional and legal compulsion for the states to divide the backward classes into backward and extremely backward.
Let us now see what is the situation of extremely backward classes in government jobs in Uttar Pradesh. According to a government survey conducted in 2003 on the question of extremely backward classes’ share in government jobs in Uttar Pradesh, the population of extremely backward castes Kahar, Kashyap in the backward class is 3.31 percent but their share in government jobs is only 2.50 percent. Similarly, the population of Kewat, Mallah, Nishad is 4.33 percent and share is 1.36 percent, population of Vishwakarma, carpenter is 2.37 percent and share is 1.73 percent, population of Bind is 0.87 percent and share is 0.22 percent, population of Biar is 0.14 percent and share is 0.01 percent, population of Rajbhar, Bhar is 2.44 percent and share is 0.59 percent, population of Kumhar Prajapati is 3.42 percent and share is 2.34 percent, population of Pal, Gaderia is 4.43 percent and share is 3.78 percent, population of Bhuja, Bhadbhuja is 1.43 percent and share is 0.54 percent, population of Maurya, Koiri, Kushwaha is 6.91 percent and share is 5.81 percent, population of Lohan is 1.81 percent and share is 1 percent, population of Lonia, Chauhan is 2.33 percent and share is 0.78 percent, population of Aarakh Population is 0.41 percent and share is 0.12 percent, population of barbers, Savita, Salmani is 3.01 percent and share is 2.92 percent. Same is the situation of other extremely backward castes. If we look at the data of first and second class jobs, this share will be even less. Same is the situation of higher education, medical and engineering education where their number is very less in proportion to the population.
In Uttar Pradesh also, commissions have been formed from time to time for the social rights of extremely backward classes but their recommendations were kept in cold storage. Chhedi Lal Saathi Commission formed on 31 October 1975, in its report submitted to the state government on 17 May 1977, recommended giving 29.50 percent reservation to other backward classes and 17 percent reservation in it for most backward classes. In Bihar, in 1978, Karpoori Thakur, while being the Chief Minister, had separated the quota of backward class and extremely backward class in OBC reservation. But the SP and BSP governments that emerged from the social justice movement did not do this work in Uttar Pradesh. Despite knowing that constitutionally extremely backward castes cannot be included in the category of Dalits (SCs) because no extremely backward caste is untouchable , whereas constitutionally being untouchable is mandatory for the category of Dalits. The SP BSP governments issued government orders to include 16 extremely backward castes in the Scheduled Castes and made recommendations to the Central Government. Mandal Commission member L.R. Nayak’s intention was that extremely backward classes should get a separate reservation quota among the backward classes, otherwise they will not get social justice and despite the Supreme Court’s order, extremely backward classes has not been able to get social justice till date. Forget about implementing the report of the Rohini Commission formed on this question, the Modi government did not even consider it necessary to make it public till date.
Anyway, a campaign is gaining momentum at the ground level in the state for separate reservation for extremely backward classes in the reservation quota of OBCs. In a district like Chandauli, on the occasion of Karpoori Thakur’s birth centenary, a social rights campaign has been started in the entire district. Conferences, symposia, dialogues and meetings are being organized for 1 to 1000 people. It is expected that in the coming days, there will be a big mobilization on the demand of making public and implementing the report of the Rohini Commission formed for the social rights of the extremely backward class.
