In the chaos of every
election, a critical piece of news slips everyone's attention. However, in West
Bengal, it will soon be back in discussion. Due to a recent judgment by a
division bench of the Calcutta High Court, the OBC reservation in the state has
dropped from 17 per cent to 7 per cent. Additionally, the number of OBC-listed
castes has drastically reduced from 180 to 66. Among them, the number of Muslim
OBC castes has decreased from 122 to 12. The honourable judges have stated that
those currently benefiting from this reservation will not see any changes in
their status. However, it is easy to imagine what impact this judgment might
have on the state's education and government jobs in the future.
What's the issue? When
Prime Minister Vishwanath Pratap Singh announced a 27 per cent reservation for
the 'Other Backward Classes' (OBC) based on the Mandal Commission Report in
1990, the Left Front government of West Bengal was very unenthusiastic about
it. However, it soon became evident that candidates from this state were being
deprived of the opportunity to avail of the new 27 per cent reservation in
central government institutions. Therefore, in 1993, a law was enacted to form
the Commission for Backward Classes, and the process of creating an OBC list in
West Bengal began. Over the next sixteen years, 66 backward castes were listed.
Among them were various artisan castes who practised Hinduism, such as
sutradhars, karmakars, kumbhakars, swarnakars, telis, barbers, goalas, moyras,
kansaris, weavers, and others. Also included were the Kurmis from the
Purulia-Jhargram region. There were several Nepali-speaking castes.
Additionally, there were twelve Muslim castes like the Jolhas, butchers,
Shershabadiyas, hajams, and others, as well as Christians who had converted
from Scheduled Castes.
It is difficult to
calculate the overall population of these OBC castes. This is because, since
independence, every census has only counted Scheduled Castes and Scheduled
Tribes, and no other caste-based census has been conducted. The population
figures for OBCs are still based on the 1931 census. There is no doubt that
these numbers have fluctuated significantly over the past nine decades due to
various religious, social, and economic changes. Additionally, in the case of
West Bengal, the displacement of various communities due to the partition of
the country adds to the complexity. Therefore, to determine the total OBC
population in this state, one has to rely on estimates. According to the Sachar
Committee, in 2004-05, Hindu OBCs constituted 8.4 per cent of the total
population of West Bengal, while Muslim OBCs made up 2.4 per cent. It is
particularly noteworthy that, at that time, the overall OBC population in India
was 43 per cent. In other major states, the proportion of OBCs was 50 per cent in
Andhra Pradesh, 51 per cent in Uttar Pradesh, 56 per cent in Kerala, 60 per
cent in Bihar, and 72 per cent in Tamil Nadu.
Why does the presence of OBCs seem so low in West
Bengal? For those who know a bit about the social-political history of Bengal,
the answer is quite simple. In other parts of India, large farmer castes are
prominent, but in Bengal, their counterparts were Muslim farmers. During the
partition, a large portion of these farmers was in East Bengal. In West Bengal,
apart from the Mahishyas, Sadgops, Goalas, or Telis in the southeast region,
other Hindu farming castes were scattered and small in population. In other
districts, the main farming community was Muslim, much of which was equivalent
to the OBC class in other states. However, after 1993, the twelve Muslim castes
included in the OBC list in this state represented only a small fraction of the
total Muslim population.
In 2006, the Rajinder Sachar Committee's report
on the social, economic, and educational status of the Muslim community in the
country was published. The survey by this committee, appointed by the central
government, showed that in terms of education, employment, health, and poverty,
the condition of Muslims in West Bengal was much worse compared to most other
states. This led to significant criticism of West Bengal's Left Front
government. In 2010, Chief Minister Buddhadeb Bhattacharjee announced that the OBC
reservation in the state would be increased from 7 per cent to 17 per cent. By
making some changes to the 1993 law, 42 castes were added to the state's OBC
list over the next few months. Among them were 41 Muslim castes, including
Sardars, Nikaris, Middes, Laskars, tailors, masons, etc. Additionally, the OBC
list was divided into two categories: extremely backward (A) and backward (B).
In 2012, the Trinamool government made further amendments to the law and
included 35 more Muslim castes, such as Sheikhs, Sardars, and Tarafders. As a
result, an estimated 80 to 85 per cent of the Muslim population in the state
began to benefit from OBC reservations.
From 2010 onward, multiple writ petitions were
filed in the Calcutta High Court regarding the expansion of the OBC list and
Muslim reservations. In a 221-page judgment on May 22, Justices Tapobrata
Chakraborty and Rajasekhar Mantha ruled that the 2010 expansion of the OBC
list, subsequent amendments to the OBC law, the bifurcation of the OBC list,
and the inclusion of more castes were unconstitutional and invalid. This
decision effectively reverted OBC reservations in West Bengal to their 2009
status. The primary reasons for this decision were: 1) the 2010 expansion was
done via an administrative order without enacting a new law, 2) the Backward
Classes Commission was not consulted regarding the bifurcation of the list, and
3) the commission did not conduct sufficient data-driven surveys before making
recommendations for inclusion in the list. According to the judges, according
to established law, the state government cannot alter the OBC list without the
commission's recommendations and bypassing the legislative assembly. The
process by which 42 castes were included in 2010 and the list was bifurcated
was deemed 'constitutional fraud.'
One might question whether cancelling the OBC
reservation due to procedural errors is an excessive punishment for a minor
fault. The judges argued why proper procedure is essential for fair justice.
Citing liberal philosopher John Rawls, they stated that to ensure fair justice,
it is crucial to maintain complete impartiality in the justice process. The
outcome, whether good or bad, is secondary. Rawls's view is quite
controversial, as many scholars, including Amartya Sen, believe that the
practical outcomes of justice for people's welfare are at least as important,
if not more, than the procedures. The question remains whether this partial
reference to recent liberal philosophy was enough to establish the ideological
foundation of the judgment.
But it’s not just ideological; the judges also
discussed in detail the informational deficiencies in the 2010 additions to the
OBC list. According to the division bench, the survey by the Backward Classes
Commission at that time was incomplete and unscientific regarding the 41 Muslim
castes it recommended. Commenting on each caste in the long list, they pointed
out that although the number of surveyed families was mentioned, in many cases,
the total population of the caste was not provided, and when it was, only about
five to seven per cent had been surveyed. To follow a truly scientific method,
they argued, the total population of each caste should have been surveyed. Even
while respecting the court’s authority, sociologists might raise serious
questions about this comment. Firstly, according to statistical science, if a
proper sample is chosen, even a much smaller sample than five per cent can
yield reliable results. Secondly, although the 1931 census data could be used
for Hindu OBC castes, there has never been any caste-based census for the
Muslim community. Where would the total population of Muslim OBCs come from?
How would each of them be identified? It would require a complete caste census
across West Bengal.
During the hearing of this case, the state
government presented documented information from the Sachar Committee to
illustrate the social backwardness of Muslim OBCs in West Bengal. Regarding
this, the judges remarked that the Sachar Committee's report was published in
2006, and by 2010 it had become outdated, hence unacceptable. Isn't it natural
to question how the data from a government committee’s survey could become
outdated in four years, while OBC reservations across India are based on a
90-year-old census?
The judges' main conclusion was that the
commission didn’t conduct any survey; it was all a façade. They stated that the
inclusion of 41 Muslim castes in the OBC list was based solely on religion, not
on social backwardness, making it unconstitutional. To fulfil the Chief
Minister’s election promise, the recommendations from the commission were
obtained in a 'record time of just five months' to satisfy a special vote bank.
The judges said, ‘The entire Muslim community has been turned into a commodity
for political interests.’ Here too, questions arise: if the 41 Muslim castes
were excluded from the OBC list due to ideological and informational
deficiencies, shouldn’t it have been investigated whether the same deficiencies
existed for the 66 primarily Hindu castes on the previous list? Amartya Sen
believes that the practical outcomes of justice for people’s welfare are at
least as important, if not more, than the procedures.
It has long been observed that although various
political organizations have expressed opposition to caste-based reservations,
no elected government has ever cancelled any reservation system. Most
objections regarding reservations have come from judges in the courts.
Consequently, the courts have mandated an upper limit of 50 per cent for total
reservations, identified the "creamy layer" among OBC castes to
exclude them from reservation benefits, and ruled that reservations do not
apply to promotions in jobs. Regarding Muslim OBC reservations, judges in most
courts across the country have meticulously examined procedural aspects.
Notably, the recent additional 10 per cent reservation for the Economically
Weaker Sections (EWS), applicable to non-scheduled castes, has been approved by
the Supreme Court.
Despite various objections, Muslim castes in
different states of India have been included in the OBC list and are availing
themselves of reservation benefits. The example of Andhra Pradesh is
particularly noteworthy. In 2004, the Chandrababu Naidu government passed a law
providing a separate 5 per cent reservation exclusively for Muslim OBC castes.
The Andhra Pradesh High Court struck down this law following a case brought by
the Vishwa Hindu Parishad, stating that the government did not consult the Backward
Classes Commission. However, the court also mentioned that separate Muslim
reservations are not against secularism and, therefore, not unconstitutional.
The following year, when the Y.S. Rajasekhara Reddy government passed the law
again, the High Court struck it down once more, this time citing inadequate
surveys. In 2010, the Supreme Court issued an interim order to maintain the
status quo, allowing separate Muslim OBC reservations to continue in Andhra
Pradesh and Telangana. The Supreme Court hearing on the matter is still
pending. Recently, after winning the election, Chandrababu Naidu stated that
even if the Telugu Desam Party joined the NDA government, there would be no
change in Muslim reservations in Andhra.
One might think that if the West Bengal
government now conducts a new survey through the Backward Classes Commission
and passes a new law, Muslim OBC reservations in the state would be reinstated,
addressing the High Court's objections. But will that be the case? Where is the
guarantee that procedural flaws will not be found again? Arguments such as
inadequate surveys, lack of proof of socio-economic backwardness, reservation
benefits given solely on a religious basis, and the primary objective being vote
bank politics have been heard in various courts across the country.
To resolve all these objections regarding OBC
reservations, there has been a nationwide demand for a complete caste census
and socio-economic survey. Consequently, during the 2011 census, a parallel
socio-economic caste census was conducted, and its report was submitted to the
new BJP government in 2014. However, citing errors or using it as an excuse,
this census has not been published to date. Meanwhile, in 2023, the Bihar
government conducted a caste census in the state. It revealed that 63 per cent of the state's population is OBC, 19.6 per
cent are Scheduled Castes, 1.6 per
cent are Scheduled Tribes, and the
remaining 15.5 per cent belong to
unreserved categories. Compared to the 1931 census, it is clear that the
proportion of higher castes has significantly decreased, while the proportion
of backward castes has considerably increased. General censuses have shown that
the birth rate among the relatively affluent sections has been rapidly
declining for several decades, while it has not decreased as much among the
lower-income groups, though it has dropped slightly in recent times. Therefore,
the mere mention of a caste census creates panic among the upper castes. In
West Bengal, this panic is likely to be even stronger. The dominance of
upper-caste Hindus in every sector, including government and professional
fields as well as education and culture, is unparalleled elsewhere in India. A
caste census would prove how this dominance stands on a very small population
base. Hence, the likelihood of a caste census being conducted in West Bengal
seems highly improbable.
Without such a census, there is little chance of
addressing the court's objections. Meanwhile, admissions to undergraduate and
postgraduate levels will begin in a few days. If a stay order is not obtained
from the Supreme Court, legal complexities and litigations regarding these
admissions may never end. Therefore, many questions remain about the real
outcome of the High Court's verdict in this case.
Translated by Dr. Asis Mistry, Assistant Professor, Department of Political Science, University of Calcutta
Original Article: উচ্চবর্ণ হিন্দুর প্রবল আধিপত্য আজও টিকে রয়েছে এই রাজ্যে: জাতিগণনাই কি সমাধান by Partha Chatterjee (Anandabazar Patrika)
উচ্চবর্ণ হিন্দুর প্রবল আধিপত্য আজও টিকে রয়েছে
এই রাজ্যে
জাতিগণনাই কি সমাধান
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