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Including caste enumeration in forthcoming population census may help in making some indirect evaluation analysis in spirits of Art-341 of COI

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NDA-IV Modi Govt deciding to include caste enumeration in Census raises hopes for real good to many SC/ST/OBC

DAYA SAGAR
Before the subject is taken further there is must need for referring to the categories of Indian citizens which are referred as SC, ST, OBC whenever references are made to subjects like special provisions in the name of reservations for some of Indian citizens in the Legislature / Services /Educational institutions made. The constitution of India talks of socially & educationally backward classes( SC see Art 341 of COI ) / Schedule Tribes ( ST see Art 342 of COI )/ backward classes [ OBC inserted by Art 342A by the Constitution (One Hundred and Second Amendment) Act, 2018, s. 4 (w.e.f. 15-8-2018 ] but does not make mention of any pointed elements / scale for identification or classification.

Article 366 of the Constitution of India defines the Scheduled Castes as: Such castes, races or tribes or part of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purpose of ‘this’ constitution and Article 366 of the Constitution of India defines the Scheduled Tribes as: such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed under Article 342 to the Scheduled Tribes for the purposes of ‘this’ Constitution. And said Art 341 says < Scheduled Castes.-(1) The President State or Union territory], and where it is a State may with respect to any ***, after consultation with the Governor by public notification , specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. And referred Art-342 says < Scheduled Tribes.-(1) The President , and where it is a State the Governor thereof, by public notification may with respect to any ***, after consultation with , specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be. And Art 342A says for Socially and educationally backward classes.-<(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes in the Central List which shall for the purposes of the Central Government] be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be.
There may be nearly 1200 castes in SC list and nearly 800 tribes in the ST list . For reservation purposes all listed castes and tribes are on date taken as a homogenous mass where as on ground the case may not be so .The position regarding the OBC list may also not be different. So maybe it was due to such like reasons that Art-340 was also included in the COI to also review the effectiveness of the provisions of SC & ST special sports for the socially & educationally marginalised classes as well as tribes taken as a whole mass or individual classes / tribes within. Art-340 of Constitution lays down that 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 to improve their condition. Although the said article does not specifically say that the commission would be required to review whether the reservations / supports to educationally & backward subjects of India ( particularly SC &ST) need be carried further or ceased but surely the object at back of the article must have been to assess how far the reservations / special supports/ props / system of identification of castes / classes have been delivering the targets and was there any need to relook into the procedures/ systems adopted for delivery of benefits. ( Art-340. Appointment of a Commission to investigate the conditions of backward classes.-(1) 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 to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission. (2) 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. (3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament).
As per records available at no time after 1950 any exercise has been got done by the governments to pin the reasons for having not achieved the upliftment goal in set 10 years & thereafter amending Art-334 for many extension beyond 1960 done without applying corrections. May be now with including caste in population census some analysis for betterment would be possible for making the benefits to some individual castes / tribes otherwise left behind due to internal caste/ tribe dominations within the SC/ ST so far taken as a homogenous mass as regards ‘backwardness’ / social discrimination.
So now including caste as one of the elements in the population census going to be conducted has gained some relevance for studying how far the reservation benefits have reached the reserved classes/ groups and how far the benefits have been equally/ proportionately / disproportionately obtained by different groups / castes among the ones included in the list of SC / ST/ or even OBC where reservations to some percentage are provided in the Legislature / Services/ Educational institutions as a whole. As regards the economically weaker sections ( EWS) the study may not be that seriously relevant.
To be continued
(The writer is is Sr Journalist & analyst of J&K affairs)

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