Daily News Analysis

OBCS AND SUBCATEGORIES

19 Oct,2023 Download Pdf 7 Min Read

Why in the News?

The state of Andhra Pradesh has said that it would begin a backward classes census to gather data to better know the numerical strength of 139 backward-class communities in the state.

This comes after the publication of the results of the caste survey in Bihar earlier this month.
It has also raised the possibility that other states too would announce similar exercises as the country enters a new cycle of elections.

Who are the Other Backward Classes (OBCs)?

The expression ‘OBC’ was coined to denote backward/ marginalised communities and castes that were not Scheduled Castes (SCs) or Scheduled Tribes (STs).
The categorisation recognised that social backwardness in India is a direct consequence of caste status which has led to emanation of other handicaps.
Article 15(4) of the Constitution:
1. It provides for affirmative action for OBCs by the state.
Article 16(4):
1. The state is empowered to make “any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”.
Article 29:
1. Deals with non-discrimination with regard to admission into state educational institutions on grounds of religion, caste, etc
There are many castes among the OBCs which lead to different levels of marginalisation. Thus, two broad categories within the OBCs emerge:
1. those who own land (such as the Yadavs and Kurmis in Bihar and Uttar Pradesh),
2. those who do not own land
The demand for reservation for the “backwards among OBCs” have gained prominence due to the feeling that “upper” OBCs have been the major beneficiaries of the 27% reservation.
Bihar, in the past, set up committees to identify the “most backward” from among the OBCs.
1. Mungeri Lal Commission
2. Karpoori Thakur Formula provided 26% reservation, of which OBCs got a 12% share, the economically backward classes among the OBCs got 8%.

Two OBC Commissions:

First OBC commission headed by Kaka Kalelkar:
1. It was constituted by Nehru’s government in 1953 which submitted its report in 1955.
2. The commission adopted the following criteria to identify socially and educationally backward classes:
  1. low social position in the traditional caste hierarchy of Hindu society
  2. lack of general educational advancement among the major section of the caste/ community
  3. Inadequate or no representation in government service
  4. Inadequate representation in trade, commerce and industry.
3. The commission prepared a list of 2,399 backward castes and categorised 837 of them as “most backward”.
4. It also recommended enumerating castes in the 1961 census, providing 25-40% reservation at different levels of government jobs, and 70% reservation for admission to technical and professional institutions.
5. The report was never implemented as it was agreed that “any all-India list drawn up by the Central Government would have no practical utility”.
Second OBC commission or B P Mandal Commission:
1. It was appointed by Morarji Desai’s Janata government in 1979.
2. The Mandal Commission identified 3,743 castes and communities as OBCs and estimated their population at 52%.
3. It recommended for 27% reservation in government jobs and admissions to all government-run scientific, technical, and professional institutions.
4. No subcategories were recognised within the 27% OBC quota by the commission.

Subcategories in states:

The state governments apply their own criteria to distribute quota benefits among the various categories of OBCs.
1. In Karnataka, 207 OBCs castes are divided into five sub-groups.
2. Jharkhand has two groups:
  1. Extremely Backward Classes (EBCs) and Backward Classes.
3. In Tamil Nadu, the 50% OBC quota is divided among
  1. Backward Classes (26.5%)
  2. Backward Class Muslims (3.5%),
  3. Most Backward Classes/Denotified Community (20%).
A new commission for sub-categorisation of OBCs was constituted under Justice G Rohini in 2017, which has recently submitted its report.

The full details and findings of the Justice G Rohini Commission's report have not been made public yet. However, based on media reports and statements by some officials, here is what is known about the commission's recommendations so far:

The commission has recommended dividing the OBC quota into four sub-categories based on levels of social and educational backwardness.
The most backward classes among the OBCs should get around 10-12% reservation under the existing 27% OBC quota. This will help address concerns that certain dominant OBC groups are cornering most of the quota benefits.
The commission is understood to have identified over 2000 castes as 'most backward' based on parameters like social stigma, poverty levels, educational status etc.
Some of the castes identified as 'most backward' include Gadia Lohar, Nishad, Bind, Mallah, Kumhar, Dheevar, Kahar, Kashyap, Vishwakarma etc.
The Rohini panel has steered clear of recommending proportionate representation in jobs and education for different OBC sub-groups.
For identification of OBC sub-categories, it has relied on scientific and quantifiable data about social backwardness rather than only going by castes.
The report has also highlighted the need to revise the creamy layer criteria to exclude affluent sections among OBCs.

However, the final contours will only be clear once the full report is made public. The ball is now in the government's court to take a call on implementing sub-categorization.