Editorial: Victory for marginalised voices
The SC judgement will help fine-tune policies of social justice in an era where the very idea of affirmative action faces an onslaught
It is not very often that political parties in India, across the ideological spectrum, find themselves in complete agreement on a given issue. The demand for sub-classification of Scheduled Castes for the purpose of reservations is one such rare instance where there is a political consensus. However, the issue was hanging fire for decades though parties, cutting across political lines, threw their weight behind the agitation, spearheaded by the Madiga Reservation Porata Samithi (MRPS), seeking categorisation to ensure that the quota benefits reached the underprivileged groups within the SC community. With the Supreme Court’s landmark ruling, empowering the States to take up sub-classification of SCs and STs on the basis of scientific data on socio-economic backwardness, the curtains have finally come down on the issue. A seven-judge constitution bench headed by Chief Justice DY Chandrachud, in a majority 6-1 judgement, held that further sub-classification of SCs and STs by States can be permitted to ensure the grant of quota to more backward castes inside these groups. It essentially means that the SCs do not constitute a socially homogeneous class and there cannot be a one-size-fits-all approach. It is rightly hailed as a victory for the marginalised sections among the SC and ST communities. Now, the challenge for the States is to finetune their policies of affirmative action to ensure that the benefits of reservation percolate down to the poorest of the poor.
They must initiate the ‘quota within quota’ exercise in a rational and calibrated manner on the basis of a comprehensive socioeconomic survey. Though political and electoral considerations might come into play, the governments need to strike a fine balance between competing claims. Addressing the inadequacy of representation of certain sub-categories can pave the way for their much-needed uplift. It is hoped that the States will make earnest efforts to remove intra-quota imbalances and disparities. The apex court’s historic judgement would help fine-tune the policies of social justice in an era where the very idea of affirmative action faces an onslaught. The verdict overturned the same court’s 2004 ruling that the SC/ST list is a “homogenous group” that cannot be divided further. This final judgement may also have a ripple effect and nudge State governments to conduct a survey of Backward Classes. Over the years, some groups within the SC list have been underrepresented compared to others. In the past, attempts were made to extend more protection to these groups, but the issue ran into legal quagmire. Madigas are the largest among the 59 SC sub-castes in Telangana followed by the Malas. According to estimates of the previous Bharat Rashtra Samithi (BRS) government, SCs make up around 19% of the State’s population. According to the 2011 Census, the MRPS claims the SC population in the State to be 54.32 lakh, of which Madigas make up 32.22 lakh while 15.27 lakh are Malas.
