A PIL in the Supreme Court on Monday made a strong pitch for utilising the elaborate ‘Census 2011’ mechanism to end the 80 long years of speculation about the exact population of other backward classes (OBC), which had been the basis for 27% reservation in jobs and educational institutions.
PIL petitioner Kishore Govind Kanhere through counsel D K Garg said that while the Mandal Commission estimated that OBCs constituted 52% of the total population, the National Sample Survey Organisation (NSSO) in its 61st round of survey (2004-05) had pegged it at 41% in its report on employment and unemployment situation amongst various social groups in India.
Arguing before a Bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan, the counsel said if the census took steps to identify the numbers of SCs and STs, why should the OBCs be left out of the purview of exact enumeration of their numbers.
When the Bench looked up to Solicitor General Gopal Subramaniam for a response, the law officer immediately assured the court that there was no need for the Bench to issue notice to the Centre and that he would get the response of the government on this issue within three weeks. The PIL said that the last caste-based census was held in the year 1931, wherein the OBCs were covered and complained that despite a large number of representations to the home ministry for inclusion of OBCs in Census 2011, there had been no positive response.
It said the social justice and empowerment ministry had conceded that it had been fixing targets under various scheme for upliftment of OBC population without having the data about their numbers. Even this ministry had written to the census authorities for finding out the exact number of OBC population, but the request had been turned down, the petitioner said.
The PIL referred to the law relating to 27% reservation for OBCs in central educational institutions and the subsequent challenge to its constitutional validity in the Supreme Court.
“In order to provide reservations for backward classes among citizens in public educational institutions and for providing equal opportunity in public employment, it is necessary that census should cover OBCs as envisaged under Article 340 of the Constitution,” the petitioner said.
History of OBC Reservation
Under Article 340 of the Indian constitution it is obligatory for the government to promote the welfare of the Other Backward Classes.
The first Backward Classes Commission headed by Shri kaka kalelkar in 1953, and Mandal Commission headed by Shri B.P.Mandal in 1980 has given many useful recommendations for the welfare of Other Backward Classes. The population of OBC’s which includes Hindus and Non-Hindus was around 52% of the total population according to the commission.
27% of reservation was recommended owing to legal constraints that the total quantum of reservation should not exceed 50%.
One of the most important recommendations is that all private sector undertakings which have received financial assistance from the government in one form or another should be obliged to recruit personnel on the reservation basis. But, even after 2 decades we are unable to get it inspite of our continuous efforts.
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One needs to understand the psychology of opposition of reservation to OBC’s.
When the jobs are nowhere and everything is gone private, then why are the upper castes angry with the reservation for Backward Communities?
The fact is that seats for dalits were rarely fulfilled and we have 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 upper castes. That is the fear of this community. They know that there are enough students from these communities who will join great institutes of technology and management.
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To be strong in the present scenario, it is more important to show our strength and unity of OBC’s. AIOBC association work towards social justice. AIOBC is giving hand and helping us in this regard.
The issue of under-representation of the socio-economically deprived, discriminated backward caste and classes in the spheres of education, employment, administration and commerce is burning at this stage. I appeal all the member associations to work hard towards the success of the reservation policies.
Let us truly reform our society and work for a truly democratic
Tuesday, May 11, 2010
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