Constitutional democracy guaranteeing political equality for all was implemented in the deeply hierarchised society of India. The overlap of political equality over social and economic inequality has meant the persistence of silencing and invisibilisation of the historically marginalized communities, the SCs and STs. Keeping this fact in perspective, an examination of the Supreme Court verdict on the sub-classification of SCs & STs is imperative. To understand the gravity of judgment, we must return to the initial vision of the Constitution and its promise of liberty and equality.

Article 14 of the Constitution ensures equality for all irrespective of religion, gender, or caste. At the same time the Constitution drafters were prudent enough to recognize the reality that one lone provision will not overturn the skewed power dynamics. And to actualize the vision of equality, further reinforcements through affirmative action policy were deemed necessary, like from criminalizing untouchability to reservations for socially and educationally backward classes of citizens and for SCs, and STs.

To tackle economic inequality too, the Directive Principles of State Policy provided that “the State shall, in particular, strive to minimise the inequalities in income”. All these various provisions are meant to work in tandem for the effective recognition, representation, and redistribution to those forced to occupy the margins.

The Indian society as rightly noted by Dr. Ambedkar is a conglomeration of various caste groups with an ascending order of reverence and a descending order of contempt. It is the Brahmanical order that has shaped and governed the exclusion, lack of access, brute violence and utter humiliation experienced by the Dalits and Adivasis of the country. Operating in parallel with this is the fraudulent myth of castelessness amongst the Savarnas upon which the fictitious logic of merit is hoisted. It is the thinking of Manusmriti that has ensured the continued entrenchment of graded inequality in the country.

The abysmally low conviction rates under the provisions of SC/ST POA act; the criminal absence of fulfilment of existing provisions of reservations in employment and education at all levels stands testament to the unabated march of Brahmanical hegemony. While it is a constructive step towards substantial democratization to examine the effects of reservations for the various communities of the SCs and STs, it would be woefully misguided and downright brutish to skip the earlier pertinent and tangible questions regarding the implementation of the already existing affirmative action policy. The onus and moral responsibility cannot be shifted away from those who for generations have remained the bearers of privilege and entitlement.

Ever since the advent of Neo-liberalism in India the space for secure and proper employment with equality of opportunity is shrinking. People’s aspirations are to get employed in the public sector but government’s apathy to employment creation and increasing the number of seats in public educational institutes is building excessive pressure. Earnings from small landholdings are not sufficient and leading to distress among communities. These factors are leading several communities to demand inclusion in reserved categories and those who could not get benefits of reservation among reserved categories to demand separate quotas.

Rampant privatisation of public sector industries and of education have made the issue more complex. The situation demands long-term solution by generating more employment and educational opportunities, by expanding reservation policy to include people from deprived sections and by introducing reservations in the private sector. The Supreme Court judgment, while allowing for sub-classification, did not touch upon the overall cap of50 percent reservations imposed by the SC itself. While recognizing intracategory disparities between different castes, SC should have re-examined the limit as well. As many have pointed out, the limit of 50 percent on reservations and no reservations in private sector are major reasons for resentment as many from deprived sections are left out from of the ambit of social justice. To benefit the marginalised among the marginalised, the cap needs to be removed to ensure that backward sections get appropriate representation, including in judiciary and the private sector.

Further, the Supreme Court should also clear the confusion and apprehension created by four of its judges by advocating for a creamy-layer among SCs and STs. This has led to a fear that this will lead to put an end to reservation itself. The basis for reservations for SCs and STs is historical discrimination and exclusion. Putting in place a bar based on income is inappropriate considering the background and continuing discrimination with Dalits, even with individuals who are highly placed incomewise.

The question of double-standards by the judiciary when it comes to affirmative action policy should also be addressed. While the state of Tamil Nadu has69 percent reservation with the protection of the 9th Schedule of our Constitution, similar extension in reservation in Bihar were struck down. SC also held 10percent EWS reservation as legal, despite the increase in reservation breaching their own imposed limit of 50 percent. These issues must be addressed and it should be the state governments that are best equipped to decide on quotas, following scientific measurement of deprivation in the population. The current data on social groups is grossly inadequate and in order to measure the standing of different social groups and degree of representation at various levels, the exercise of caste based census is a must for scientific policymaking. People’s aspirations should reflect in policy-making and concrete and scientifically gathered data should be the base for inclusive and enabling policies.

At the same time, many groups with vested interests are trying to solidify caste and caste based practices. It needs to be reiterated that the goal of social justice, as stated by none other than Dr. Ambedkar is the ‘annihilation of caste’ and not its perpetuation. To usher in an era where caste discrimination, class exploitation and patriarchal subjugation have no place, equality of opportunity will have to be extended to all those who face marginalisation. Caste based discrimination is one of the biggest roadblocks on our path towards equality. Supreme Court verdict and the debate it has opened is an opportunity to have a introspective relook at our existing policies, understand their inadequacy and to chart on the path of equality with increased vigour and clarity. To achieve these objectives, sensitisation, census and expansion of reservation policy is needed.

Denial of rights and livelihoods due to faulty policy making is unjust. People must be reminded of the famous quote by Dr. Martin Luther King Jr. that “injustice anywhere is a threat to justice everywhere.” A society without justice, social, economic and political, curtails opportunities for all. This has to be addressed by expanding the horizons of social justice and simultaneously demanding employment and public education, for reservations to be meaningful. People should be brought together for the common good of our country.

Debate on social justice should unite us in our resolve of a caste-less and class-less society, instead of fuelling divisions. The CPI Party Programme clearly states the Party must not and cannot afford to ignore the caste question while fighting for democracy and socialism. It is necessary to carry ona consistent ideological, political, socio-economic and practical struggle against castes and casteism. They have to be combined, together with affirmative actions to bring up from the lower depths the hitherto oppressed, deprived and backward sections on par with the rest of society. (IPA Service)