Other Backward Class

The Central Government of India classifies some of its citizens based on their social and economic condition as Scheduled Caste, Scheduled Tribe and Other Backward Class (OBC). The OBC list presented by the commission is dynamic (castes and communities can be added or removed) and will change from time to time depending on Social, Educational and Economic factors. For example, the OBCs are entitled to 27% reservations in public sector employment and higher education. In the constitution, OBCs are described as "socially and educationally backward classes", and government is enjoined to ensure their social and educational development.

Until 1985, the affairs of Backward Classes were looked after by the Backward Classes Cell (BCC) in the Ministry of Home Affairs. With the creation of a separate Ministry of Welfare in 1985 (renamed as Ministry of Social Justice and Empowerment on 25 May 1998) the matters relating to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBCs) and Minorities were transferred to the new Ministry.

The Backward Classes Division in the Ministry looks after the policy, planning and implementation of programmes relating to social and economic empowerment of OBCs. It also looks after matters relating to two institutions set up for the welfare of OBCs: National Backward Classes Finance and Development Corporation (NBCFDC) and the National Commission for Backward Classes (NCBC).

Obligation of the government

Under Article 340 of the Indian Constitution, it is obligatory for the government to promote the welfare of the Other Backward Classes (OBC). Article 340(1) states, " The president may by order appoint a commission, consisting of such persons as he thinks, fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties and as to improve ‘their condition and as to the grants that should be made, and the order appointing such commission shall define the procedure to be followed by the commission."

Article 340(2) states, "A commission so appointed shall investigate the matters referred to them and present to the president a report setting out the facts as found by them and making such recommendations as they think proper."

Commissions

First Backward Classes commission

Main article: Kalelkar Commission

The First Backward Classes Commission was set up by a presidential order on January 29, 1953 under the chairmanship of Kaka Kalelkar. The commission submitted its report on March 30, 1955. It had prepared a list of 2,399 backward castes or communities for the entire country and of which 837 had been classified as the "most backward". Some of the most notable recommendations of the commission were:

1. Undertaking caste-wise enumeration of population in the census of 1961;

2. Relating social backwardness of a class to its low position in the traditional caste hierarchy of Indian society;

3. Treating all women as a class as "backward";

4. Reservation of 70 per cent seats in all technical and professional institutions for qualified students of backward classes.

5. Reservation of vacancies in all government services and local bodies for other backward classes.

The commission in its final report recommended "caste as the criteria" to determine backwardness. But this report was not accepted by the government as it feared that the backward classes excluded from the caste and communities selected by the commission may not be considered and the really needy would be swamped by the multitude and would hardly receive special attention.

Mandal commission

Main article: Mandal Commission

**NFHS Survey estimated only Hindu OBC population. Total OBC population derived by assuming Muslim OBC population in same proportion as Hindu OBC population)

The decision to set up a second backward classes commission was made official by the president on January 1, 1979. The commission popularly known as the Mandal Commission, its chairman being B. P. Mandal. It submitted the report in December 1980.The recommendations of the commission were: The population of OBCs which includes both Hindus and non-Hindus is around 52 per cent of the total population according to the Mandal Commission.

However, this finding was criticized as based on "fictitious data." The National Sample Survey puts the figure at 32%[1]. There is substantial debate over the exact number of OBC's in India, with census data compromised by partisan politics. It is generally estimated to be sizable, but lower than the figures quoted by either the Mandal Commission or and National Sample Survey[2].

27 per cent of reservation was recommended owing to the legal constraint that the total quantum of reservation should not exceed 50 percent. States which have already introduced reservation for OBC exceeding 27 per cent will not be affected by this recommendation. With this general recommendation the commission proposed the following over-all scheme of reservation for OBC:

1. Candidates belonging to OBC recruited on the basis of merit in an open competition should not be adjusted against their reservation quota of 27 per cent.

2. The above reservation should also be made applicable to promotion quota at all levels.

3. Reserved quota remaining unfilled should be carried forward for a period of three years and de-reserved thereafter.

4. Relaxation in the upper age limit for direct recruitment should be extended to the candidates of OBC in the same manner as done in the case of SCs and STs.

5. A roster system for each category of posts should be adopted by the concerned authorities in the same manner as presently done in respect of SC and ST candidates.

These recommendations in total are applicable to all recruitment to public sector undertakings both under the central and state governments, as also to nationalised banks. All private sector undertakings which have received financial assistance from the government in one form or other should also be obliged to recruit personnel on the aforesaid basis. All universities and affiliated colleges should also be covered by the above scheme of reservation. Although education is considered an important factor to bring a desired social change, "educational reform" was not within the terms of reference of this commission. To promote literacy the following measures were suggested:

1. An intensive time-bound programme for adult education should be launched in selected pockets with high concentration of OBC population;

2. Residential schools should be set up in these areas for backward class students to provide a climate specially conducive to serious studies. All facilities in these schools including board and lodging should be provided free of cost to attract students from poor and backward homes;

3. Separate hostels for OBC students with above facilities will have to be provided;

4. Vocational training was considered imperative.

5. It was recommended that seats should be reserved for OBC students in all scientific, technical and professional institutions run by the central as well as state governments. The quantum of reservation should be the same as in the government services, i e, 27 per cent.[1]

Backward class people is a collective term, used by the Government of India, for castes which are economically and socially disadvantaged and face, or may have faced discrimination on account of birth. Most of them do not have any land ownership or economic independence and are dependent on Forward Castes for employment, mostly as farm hands or menial labour; or derive income from self employment on caste-dependent skills assignment. They typically include the Dalits, the Scheduled castes, and the Other Backward Classes (OBCs). They live mainly in rural India and perform hard physical labour such as agriculture and janitorial work. Backward Castes constitute around 50%[citation needed] of the Indian population. Even though they have a rich culture, many live below the poverty line. According to estimates from the Indian government's National Sample Survey, in 1999-2000 44% of Scheduled Tribes and 35% of Scheduled Castes lived in poverty.[citation needed]. Their plight is regarded as a serious issue in Indian society[citation needed].

Political parties in India have attempted to use these communities as votebanks.[citation needed] In contrast, some politicians like Ambedkar, D. Devaraj Urs, V.P. Singh have tried to self-empower the Backward Castes. As a result, there are now many opinion leaders, including Bangarappa, Siddaramaiah, Narendra Modi, Uma Bharathi, Ramachandra Veerappa, Laloo Prasad Yadav, and Mulayam Singh Yadav, in these communities.

Supreme Court interim stay

On 29 March 2007, the Supreme Court of India, as an interim measure, stayed the law providing for 27 percent reservation for Other Backward Classes in educational institutions like IITs and IIMs. This was done in response to a public interest litigation — Ashoka Kumar Thakur vs. Union of India. The Court held that the 1931 census could not be a determinative factor for identifying the OBCs for the purpose of providing reservation. The court also observed, "Reservation cannot be permanent and appear to perpetuate backwardness".[2]

Supreme Court verdict

The Supreme Court of India on April 10, 2008, upheld the Government's move for initiating 27% OBC quotas in Government funded institutions. The Court has categorically reiterated its prior stand that "Creamy layer" should be excluded from the ambit of reservation policy and private institutions are also not to be included in. The verdict produced mixed reactions from supporting and opposing quarters. Several criteria to identify creamy layer has been recommended, which are as follows:[3]

Those with family income above Rs 250,000 a year (Now Rs 450,000 a year) should be in creamy layer, and excluded from the reservation quota. Also, children of doctors, engineers, chartered accountants, actors, consultants, media professionals, writers, bureaucrats, defence officers of colonel and equivalent rank or higher, high court and Supreme Court judges, all central and state government Class A and B officials. The court has requested Parliament to exclude MPs’ and MLAs’ children, too.

Ashoka Kumar Thakur vs. Union of India

1.The Constitution (Ninety-Third Amendment) Act, 2005 does not violate the "basic structure" of the Constitution so far as it relates to the state maintained institutions and aided educational institutions. Question whether the Constitution (Ninety-Third Amendment) Act, 2005 would be constitutionally valid or not so far as "private unaided" educational institutions are concerned, is left open to be decided in an appropriate case.

2."Creamy layer" principle is one of the parameters to identify backward classes. Therefore, principally, the "Creamy layer" principle cannot be applied to STs and SCs, as SCs and STs are separate classes by themselves.

3. Preferably there should be a review after ten years to take note of the change of circumstances.

4. A mere graduation (not technical graduation) or professional deemed to be educationally forward.

5. Principle of exclusion of Creamy layer applicable to OBC's.

6. The Central Government shall examine as to the desirability of fixing a cut off marks in respect of the candidates belonging to the Other Backward Classes (OBCs)to balance reservation with other societal interests and to maintain standards of excellence. This would ensure quality and merit would not suffer. If any seats remain vacant after adopting such norms they shall be filled up by candidates from general categories.

7. So far as determination of backward classes is concerned, a Notification should be issued by the Union of India. This can be done only after exclusion of the creamy layer for which necessary data must be obtained by the Central Government from the State Governments and Union Territories. Such Notification is open to challenge on the ground of wrongful exclusion or inclusion. Norms must be fixed keeping in view the peculiar features in different States and Union Territories. There has to be proper identification of Other Backward Classes (OBCs.). For identifying backward classes, the Commission set up pursuant to the directions of this Court in Indra Sawhney 1 has to work more effectively and not merely decide applications for inclusion or exclusion of castes.

8.The Parliament should fix a deadline by which time free and compulsory education will have reached every child. This must be done within six months, as the right to free and compulsory education is perhaps the most important of all the fundamental rights (Art.21 A). For without education, it becomes extremely difficult to exercise other fundamental rights.

9.If material is shown to the Central Government that the Institution deserves to be included in the Schedule (institutes which are excluded from reservations) of The Central Educational Institutions (Reservation in Admission) Act, 2006 (No. 5 of 2007), the Central Government must take an appropriate decision on the basis of materials placed and on examining the concerned issues as to whether Institution deserves to be included in the Schedule of the said act as provided in Sec 4 of the said act.

10. Held that the determination of SEBCs is done not solely based on caste and hence, the identification of SEBCs is not violative of Article 15(1) of the Constitution.

Why reservation for OBC is a must?

Human Resource Development Minister Arjun Singh declared government's intention to fix a quota for the Other Backward Castes (OBCs) in the premier government educational institutions like the Indian Institute of Technologies (IITs) and Indian Institute of Managements and other institutions of higher learning. While one know very well the intentions of Arjun Singh and his Congress Party, which was in the forefront of anti-Mandal agitation in 1990, it is important to analyse the nature of protest and fury of the upper castes in India. Why the same upper castes who burnt themselves today keep silent. Whether Arjun Singh and his party is just working on tokenism and refuses to learn lesson that the cry from the Dalit and backward today is political power which has not yet been over despite the fact that they had chief ministers and ministers. The administration remains strongly in the hands of the upper castes.

A Revisit to events in 1990 : A hero became villian

On August 7th, 1990 when Prime Minister Vishwanath Pratap Singh announced that his National Front government was going to implement the Mandal Commission Recommendations in Education and jobs, there was not much fury in the beginning. Slowly, a slanderous media campaign was launched particularly to attract circulation. A middle class newspaper like Indian Express and its loud mouth Editor Arun Shourie became mouthpieces of the upper caste contempt to the Dalits and backwards. Shourie, worked not as an ethical journalist but as a hired lawyer who has to defend his case. Upper caste students and their parents went on rampage in North India. Suicide were committed by the innocent students as young as 8 years of age who might not have known what Mandal was and what was the meaning of reservation for the downtrodden. Clearly, two big brahmanical parties of the country, the Congress and the Bharatiya Janata Party used this opportunity to target the government.

Lal Krishna Adavani decided to go on a Rathyatra to unite the Hindu society, which was 'divided' by V.P.Singh and his actions. There was a wave of anti Muslim sentiments in the middle classes. Advani became hero who revived the Hindu society and VP Singh became 'dushman number one' of the upper castes in India. Yes, the prime minister of the popular votes of India became the target number one because of reservations. All his merits became non functional once he ordered the implementation of the Mandal recommendations.

Commentators after commentators condoned the Hindutva and their thugs, their misdeeds and anti national act of spreading hatred and violence but none of them could ever muster the courage to support a prime minister who dared to go ahead against all odds. Yes, one may not agree with VP Singh and his style of politics but one need to see his track record as an efficient minister and an honest Member of Parliament. It was for the first time in history of India that a government fell because it defended a shrine and committed its constitutional duties. Yes, Ayodhya's October 1990 events led to fall of V P Singh government. It is not for nothing that he decided to stay away from the parliamentary politics, disown prime ministership and is persistently being seen with the growing mass struggles in India when the so-called mainstream politicians are busy with their castes, religious sentiments. How many of them come and support Narmada or the cuase of dying farmers. When the slums were being dislocated none of the politicians dared to come out and challenge the court. But these things do not matter for the journalists who have decided that they have to oppose anything, which brings social justice.

V.P.Singh is nowhere in mainstream politics but his Mandalisation process has spread all over. That is the great achievement because the composition of our parliament has changed. Dalits and backward communities are asking for their share in power. The political parties have to listen to them and come to the reality. Today, thanks to Mandalisation process among the Muslims, the one time social justice hero Laloo has to go.

Conspicuous Silence

15 years later when Arjun Singh informs the journalists about the reservation policy, there is not much war by the upper castes though there is resentment by the 'meritorious' industrial houses who run on a monarchical basis. Again, the same talks of merit being affected and non-availability of the students from the backward and Dalit communities. It is amusing how people change their stand. Industrialists like Rahul Bazaz, known for the shameless Hindutva lineage, remarked that reservation in the private sector would damage the credibility of big companies in India. The Bazazs should tell the world why most of the business works in India is done by the Bania community. North East South West, it is the Marwadis and Banias who have captured the major institutions with Brahmin their Gurus. The opponents of reservation should also inform why the scavenging work is fixed for the Valmiki community in India. Why is this 'Intellectual property Right' over certain work while ignoring others. Social scientists should also explain why no other community person is seen as doing scavenging work or carrying night soil over head. This meritorious upper caste would then hang their head in shame.

What is happening is most astonishing and show double standard. In 1990, the Dalits were in the forefront of supporting the Mandal Commission Recommendations meant for the backward communities. Today, a number of 'Dalit' intellectuals, who would like to parade Dalit capitalists in Delhi, are asking for a creamy lawyer theory to implement the Mandal Commission Report. An example is being given here of the lone dissenter why should the dissenter argument be taken into account. Mandal gave a report and government accepted it in toto. A person like S.S. Gill who was member secretary of the Mandal Commission today condemns VP Singh for implementing it with political motivation. It is amusing when commentators write of political motivation. Why should not any work done with political motivation? Did not the backward communities voted for the government? It is also important to analyse as why some of the Dalit intellectuals are crying for fixing quota for the Most Backward Communities (MBCs).

Arun Shourie, who spearheaded anti Mandal agitation through his reckless writings and was later rewarded by the Sangh Parivar for persistently abusing the minorities through his newspaper columns, would never had imagined that Mandal would eat his own party. He might never have foreseen the growing assertion among all communities after it. Why was India burning in 1990 and quiet in 2006.

To be sure, in 1990, the people realized that the government that time was determined to give the Dalits and backward their due share in power. One need not to remind that Ministers like Ram Vilas Paswan and Sharad Yadav had become very powerful proponents of the Mandal Mantra. The government did not stay there only. It was bringing a bill in parliament for labour reform particularly related to labours participation in Management, bill on electoral reform under Dinesh Goswami, autonomy to Prasar Bharati apart from putting Dr Ambedkar's statue in Parliament and honoring him with Bharat Ratna. Every of these acts had loud messages. It is this time that the Buddhists converts got right in job reservations. Mandal in 1990 changed the politics of the country. It gave an unprecedented and lethal weapon for the Dalit backward and Adivasis to come together. Every party had to understand the power of Mandal. Over the years, despite talks of globalisation and Hindutva, Mandalisation process continued. In the process, the upper caste leadership of the Hindutva gangs have to play second fiddle. Right from Uma Bharati to Kalyan Singh and Narendra Modi, caste his forced the Sindhi Lal Krishna Advani to ponder over his own future and he is again on another Yatra, knowing fully well, that he has lost his caste battle. The upper castes are silent and protesting just in front of the cameras. A few papers that do not sale much are again trying to instigate people to protest but those who get everything at home cannot protest. Secondly, they know they have their own government and their opposition. A government which just pretend to work for the Dalits and backward and has no real intention to do so. Most of the people know that in Manmohan Singh's safe hand their interest are safe and would be looked after. After-all, Arjun Singh's own track record for social justice is laughable and his politicization of Ministry of HRD is well known. The tricks of anti Hindutva do not work all the time in the same way as the anti Muslim card of Advani failed miserably.

Why Opposition to reservation for backward communities?

One needs to understand the psychology of opposition to Mandal. Reservation for Dalits was never implemented properly before 1990. Every time it was informed that due to lack of non availability of the candidates, seats remained vacant and quota was filled by the upper caste particularly those close to the people in power or with big bags. The 1990s changed that the backlog has to be filled with the candidates from the same community. Therefore 1990 is a watershed in the history of India and implementing the Mandal Commission Report VP Singh might have become the most hated politician of the country despite his impeccable credentials, yet, the politics of India has changed.

15 years later when Narsimha Rao crookedly with the help of the Hindutva brigade tried to undo what the Mandal had done. He went overboard to implement the privatization process and added fire to the Hindutva. Therefore, both the demolition of Babari Masjid and growing privatization were part of the Narsimha Rao era which some of our pen pushers termed as glorious. One need not to inform the readers here how Narsimha Rao died. Not a single tear was shed for him.

When the jobs are nowhere and everything is gone private, then why are the upper castes angry at reservation for backward communities? The fact is that seats for Dalits were rarely fulfilled and we had seen huge backlog. There has been no protest. It was easier to curtail the protest of the Dalits because of their numbers and social background. Now, the reservation for backward communities being a reality, the powerful backward communities will hit and break the bone of the upper castes. That is the fear of these. They know that there are enough students from these communities who will join the great institutions of technology and managements.

Today, these pen pushers pretend that reservation should only for the Dalits. Similarly, Dalit opportunists also dance to the tone of their brahmanical masters when they condemn reservation for the backward communities. It is a fact that many of the backward communities should not have been there in the list. But that is not a way to justify that there should not be reservation.

Discrimination despite merit

It is completely lie to say that Dalit and backwards are not doing business today or they lack ability. To say that there is no discrimination in India on the basis of caste is again a great lie which only insensitive caste Hindus can tell the whole world. Four years back I investigated a case of a very bright Dalit student Jyoti Prakash Vishwas who passed out from R.K.Mission School in Kolkata and was working as an engineer in a central government public sector company. His Bengali bosses used filthy language against him and suspended him on various charges, which were found absolutely untrue by a team of human rights activists including me. Vishwas was not allowed to join a well paid job in a reputed private company. His wife who was working with Government of West Bengal was not given medical compensation as per company's rule. After our fact-finding report came out, the management tried to strike a cordial note. Vishwas who by then had never knew what exactly was Dalit movement and discrimination realized what is the identity of a bright Dalit scholar. Two Years, when he left Delhi, Vishwas one day send me a mail from Saudi Arabia where he was working as an Engineer. He wrote: "Sir, I thank you for standing with me in my struggle against injustice. I know Dalits would not be able to get justice as long as they are part of Hindu system. I have decided to embrace Islam, a faith which give me strength and inner peace."

Those votaries of 'merit' should understand clearly well that things are not as easy as they think. A few days back when I was in Chhatishgarh and a Dalit student from National Law University Raipur came to me and informed me about the harassment he faced in the University. Despite the fact that he was the only candidate in his course of M.Phil/Ph.D/LLM, it took 3 years for the board of the college to accept his M.Phil and then deny him right for Ph.D. Yes, I talk about Abhishek Priya Anand, a student who completed his M.Sc from Hyderabad and qualified and ranked 8 th in the merit in the National Law college entrance test, today face a caste prejudiced Vice chancellor and his bureaucracy.

Will the Indian merit mongers ever think why they want to shut every door for the Dalits and backward communities? If Dalit converts to other faith, the Hindutva brigade is up in arm against it. There is no reform movement with in Hindu dharma where they can get justice. The jobs, which were reserved for them, have been privatized. Educational institutions rarely fulfill their quota. So demeaning are the upper castes that they are ready to get forged certificate of Dalit quota to get admitted in the University. In Delhi, a prominent doctor of a famous medical college got his MBBS degree on passing an entrance test under the SC quota. He produced a false certificate of adoption by a Dalit father. The fact was that his father's servant happened to be a Dalit. This upper caste doctor used his leverages and asked his servant to 'adopt' him to get admit. A Similar case of admission has been found in Lucknow by a Brahmin girl.

Creamy lawyer theory is dangerous at the moment

Unfortunately, some of the Dalit intellectuals have also jumped in to condemn the quota for the Dalits. These commentators are talking in terms of creamy lawyer theory. Question is let the government first implement the reservation only then creamy lawyer theory could be implemented. If the creamy lawyer theory could be implemented in the Mandal, then the same should be true for the Dalits also. And the same should be true for the upper castes also in the general seats. It is a dangerous preposition. It is a fact that the power elite of a community are the first to get the benefits of education and quota. Did not the Brahmin got it from the upper castes initially? There are so many of them but many of them have little representation in power structure. Same is true about Dalits and backward communities.

Of course, the politics of quota is dangerous. Arjun Singh's intention has been like that of his party. I am sure he know it well that Dalit and backwards are thoroughly politicized and are not going to be just 'vote bank' of any party. They are today running with confidence and asking for a share in power. While the political parties may not have implemented the reservation fully, the Most Backward Communities in Uttar-Pradesh have learnt a lesson from Bihar. The MBCs have already revolted against the political elites of the state and asking for their fair representation in power. Today, power is the real need of the people.

As far as jobs are concern, let the government bring a white paper on reservations and give us ideas as how long will it take it to complete its backlog. When can we see 17.5% IAS officers from Dalits, 27.5% from backward communities and 7.5% from tribal? Once the government fulfill its promise we can think of new ideas to give representation to MBCs and oppressed Dalits particularly women from these sections of society.

Reforms mean debrahmanising India

In a welfare state, the government cannot shy away from implementing reforms. Where are government reform for land, forest and water? If reform mean giving precious national assets to a few cronies of the power elites then the government has to be ready to face protest of various forms. Reform means that the government demolish its brahmanical structure. Reform truly mean debrahmanisation process of India. It means India's corrupt caste structured village structure is hit from below the belt. For that a strong land reform measures need to be carried out. Our corrupt and caste-iests Industrial magnets are not ready for the same therefore face resistance from the people. Reform means that the upper castes should learn that time for hegemony has gone and it is time they learn to live together and respect diversity of India. Reservation are going to stay as long as government does not reform itself and Hindu system remain caged in the age old myopic vision of division of work based on caste. Let us truly reform our society and work for a truly democratic India where every community participates in power and every person go to school irrespective of caste and creed.