2019 – Posted in: Blog – Tags: Backward class commission, creamy layer, G.Rohini commission, OBC, sub-categorization of OBC

Sub-categorisation of Other Backward Classes

For: Mains
Topics covered: G. Rohini Commission, OBC, Sub-categorisation, Creamy layer, National Commission

News Flash

The central government had appointed the Commission under Justice (Retd) G.Rohini on October 2, 2017, under article 340 to examine the sub-categorisation of Other Backward Classes. The commission is now all set to recommend a fixed quota, possibly between 8 and 10 per cent of the 27 per cent OBC quota for about 1,900 of the 2,633 castes on the central list.

Why G.Rohini Commission constituted?

To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of Other Backward Classes with reference to such classes included in the Central List;
To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such Other Backward Classes; and
To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of Other Backward Classes and classifying them into their respective sub-categories.

Why Sub-categorization?

Presently, half of these 1,900-odd castes have availed less than three per cent of reservation in jobs and education, and the rest availed zero benefits during the last five years.
A significant recommendation of the Commission is that the classification is based on relative benefits availed and not relative social backwardness, which involves parameters such as social status, traditional occupations, religion, etc.
Using the quantum of benefits enjoyed by different communities to sub-categorise OBCs is a major departure from recommendations of several Commissions in the past.

Background of Sub-categorization

Till date, Sub-categorization of OBCs as recommended by a few Commissions and implemented by some states has all used indicators of social backwardness as the criteria.
The First Backward Class Commission report of 1955, also known as the Kalekar report, had proposed sub-categorisation of OBCs into backward and extremely backward communities.
In the Mandal Commission report of 1979, a member L.R.Naik proposed sub-categorisation in intermediate and depressed backward classes.
In 2015, former National Commission for Other Backward Classes under Justice (Retd) Eswaraiah asked for sub-categorisation within OBCs into Extremely Backward Classes (Group A), More Backward Classes (Group B) and Backward Classes (Group C).

Commission said 10% quota instead of 27%

OBCs have been defined already using a social criteria, we are not going to create a social hierarchy among backward classes. Several of these 1,900 groups may have been unable to avail the benefit of reservation only because they are miniscule in numbers, which restricts their access to education and jobs. To correct this inequity, the Commission is likely to suggest that of the 27 per cent quota, a fixed 8-10 per cent be reserved for such groups. This comes to merely 2-3 per cent of the total seats and won’t affect other groups but will create substantial opportunities for those left behind.

Present Status of Sub-categorization

Presently, ten states, including Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Haryana, Jharkhand, Bihar, West Bengal, Maharashtra, and Jammu, have sub-categorised OBCs using varying criteria, including the ascribed status such as denotified, nomadic or semi-nomadic tribes, the religion of a community, caste status before conversion to Christianity or Islam, and perceived status socially or traditional occupation.
The Justice Rohini Commission, however, had held that the many communities who are extremely backward in this status show significant representation in jobs and higher education.
Even within the DNT communities that are classified under OBC, those that are more isolated in terms of their small numbers or scattered populations have been unable to get the benefit of reservations.
OBC groups that have a larger presence also get the advantage of larger networks. Of the 2,633 OBC castes, merely ten, including Kurmis, Yadavs and Ezhavas, have got 25 per cent reservation in jobs and education.
The Commission had clarified its stand on fixing OBC quotas based on current representation in reserved seats, and not on social hierarchy.

Educational empowerment and economic development Schemes for Other Backward Classes OBCs

Pre-Matric scholarship for Other Backward Classes.
Post-Matric scholarship for Other Backward Classes.
Construction of Hostels for OBC Boys and Girls.
Assistance for Skill Development of Other Backward Classes (OBCs)/Denotified and Semi-Nomadic Tribes (DNTs)/ Economically Backward Classes (EBCs to voluntary organizations working for the welfare of OBCs.
Free Coaching Scheme for SC and OBC Students.
Dr. Ambedkar Scheme of Interest subsidy on educational loan for overseas studies for Other Backward Classes (OBCs) and EBCs.

National Commission for Backward class

The Supreme Court of India in its Judgment dated 16.11.1992 in Writ Petition – Indra Sawhney & Others Vs. Union of India and Others, reported in (1992) directed the Government of India, State Governments and Union Territory Administrations to constitute a permanent body in the nature of a Commission or Tribunal for entertaining, examining and recommending upon requests for inclusion and complaints of over-inclusion and under-inclusion in the list of OBCs.
Pursuant to the direction of the Supreme Court, the Government of India enacted the National Commission for Backward Classes Act, 1993 for setting up a Commission at National Level viz. “National Commission for Backward Classes” as a permanent body.
The Act came into effect on the 2nd April, 1993.
Section 3 of the Act provides that the Commission shall consist of five Members, comprising of a Chairperson who is or has been a judge of the Supreme Court or of a High Court; a social scientist; two persons, who have special knowledge in matters relating to backward classes; and a Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.

Other Backward Class

Other Backward Class (OBC) is a collective term used by the Government of India to classify castes which are educationally or socially disadvantaged.

In the Indian Constitution, OBCs are described as “socially and educationally backward classes”, and the Government of India is enjoined to ensure their social and educational development — for example, the OBCs are entitled to 27% reservations in public sector employment and higher education.

Concept of creamy layer

The term was introduced by the Sattanathan Commission in 1971, which directed that the “creamy layer” should be excluded from the reservations (quotas) of civil posts.

Creamy layer is a term used to refer to the relatively forward and better educated members of the Other Backward Classes (OBCs), who are not eligible for government-sponsored educational and professional benefit programs.

Conclusion

Sub-categorisation of the OBCs need not imply establishing a further social hierarchy within the communities included in the Central List on the basis of relative lowness or otherwise of their ascribed social status or traditional occupation.
All communities included in the Central list of OBCs are socially and educationally backward — which is a precedent condition for such inclusion — and thus deserving of reservations in education and recruitment.
All states are informed that the Commission will “recommend specific measures and schemes for the uplift” of 983 of the 2,633 communities that have received no share in reservation benefits.

Source: Indian Express

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