Abstract
The prevalence of caste system in Indian society, especially among Hindus is known to all. The discrimination associated with it and its various forms affect the less privileged castes since ages. Therefore, for furthering the aspirations and goals of a just, equal society as dreamt by our constitution makers, it is imperative to recognise all the lower castes. The British began its census programme of the Indian population in 1872, where it counted all castes in India until 1931. On the other hand, post-independence since 1951, India’s census counted the SCs, STs, various religions, and linguistic groups, without counting all the castes existing in India. Theis lacuna left in the enumeration is still a problem today, where the enumeration of OBCs has been left aside in the form of caste census for a long time. This research paper aims to highlight upon this issue and thereby suggest solutions for it.
Keywords: caste system, OBCs, enumeration, reservations, caste census
Research Methodology
The researcher will be relying on the Doctrinal method of research to successfully complete the research paper . These involve various primary and secondary sources of literature and insights.
Literature Review
The researcher will be relying on both primary and secondary sources for the completion of the project.
- PRIMARY SOURCES
- Articles
- Judgements
- News reports
- SECONDARY SOURCES
- Blogs
- Books
- Magazines
- Journals
Introduction
The caste system in ancient India goes back to some 2,000 years, where it originated in the Early Vedic period (1500-1000 BCE) and has been described through the four principal varnas. These were the Brahmins (priests and educators), the Kshatriyas (warriors), the Vaisyas (traders), and the Shudras (labourers). The “untouchables” or Dalits were outside the varna system called the fifth category who were assigned tasks that were ritually degrading to be incorporated within the varna system.[1]
However, this hierarchy has come across as being grossly unjust and its continuation has led to the widening of existing inequalities that still plagues contemporary India. This hierarchy has evolved over the years as a complex one with Brahmins at the crown, Dalits and Adivasis at the base, and a multitude of lower and intermediate castes in between, recognized as Other Backward Classes, in recent times. Historically, the British began its census programme of the Indian population in 1872, where it counted all castes in India until 1931. On the other hand, post-independence since 1951, India’s census counted the SCs, STs, various religions, and linguistic groups, without counting all the castes existing in India.[2]
The demand for caste-based census has yet again rung the bells in Delhi’s political corridor in the backdrop of the eight-resolution passed at Bihar’s ruling party, JDU’s national council meeting held in Patna.[3] Also, 2021 being a census year, has fuelled the demands as was witnessed by its predecessors of 1999-2000 & 2010-11.
This article intends to underscore the need to conduct a systematic, comprehensive, and error-free caste-based census along with drawing its parallelism with the right to equality.
Background of the issue
The caste system emerged in North India, from where it spread to different parts of the country. In the Early Vedic period (c. 1500-1000 BCE), people were not divided on socio-economic indicators, rather due to their Varna or castes. ‘Varna’ defines the hereditary roots of a new-born, it indicates the colour, type, order, or class of people.[4] Caste is a characteristic feature of Hinduism, which envelops within itself a complex ordering of social groups based on ritual purity. A person becomes a member of a caste into which he or she is born and remains within it until death. This system is the world’s longest surviving social hierarchy.[5]
The caste system is not just limited to Hindus but affected even the Christians and the Muslims (the minorities of India) historically.[6] The people who converted to other religions from Hinduism previously belonged to some caste, and even when they left their former faith, they continued to maintain some of their old caste practices, thereby carrying forward their previous caste customs and the stigma attached to it, be it of identity or occupation.
In the twentieth century, the phenomenon of dominant caste emerged which led to some castes becoming more dominant over other castes either politically or economically and virtually ruling over them. A caste can become dominant by the following ways: large area (land) indicating good economic position, political dominance (emerging as a vote bank), large population of that group, high ritual status, English medium education, having a tradition in agriculture (not tillers but landlords), and having dominance of muscle power. But in the current scenario, it is not just limited to the high caste but is among the lower castes as well.[7] All these indicators provide us with information about the interplay of castes in Indian society, and their relevance in structuring it, which cannot be termed as irrelevant or trivial.
The impacts of the notorious caste system still echo in independent India, with people encountering day-to-day instances related to it. Studies suggest 94% of marriages are inter-caste; 90% of menial jobs are performed by the deprived castes, but the reverse is true for white-collar jobs. Still today, caste acts as an important source of privilege and advantage in our society for the upper caste, while the lower ones often go unnoticed or are subjected to discrimination owing to them being from the lower caste,[8] thereby painting the conclusion of how real caste inequality is, despite various attempts at removing the stigma attached to it or various strides in the development of the nation. The issue becomes even grimmer when intra-caste discrimination occurs among the lower castes by way of government policies and actions reflected particularly by the Indian census which collects a huge amount of data, regarding religion, language, socio-economic status, etc. in addition to the counting of Dalits and Adivasis by creating a separate column as SCs and STs while making no column to count the OBCs which are often clubbed in together with the upper castes in the Other Category. Such misplacement of OBCs results in the gross neglect of a population which comprises half of the population and are the intended beneficiaries of some of India’s biggest affirmative action programmes like quotas in government jobs and colleges. This results in them being deprived, backward, thereby reversing the efforts of the government. Each and every caste should be given credit for the social structure and their rightful enumeration is the minimal step in this endeavour.
Solutions
The demand and relevance for a caste-based census stands true for a multitude of rationales. First and foremost, the fundamental issues of the lower castes are related to their population size, level of backwardness, and reservations for various posts and opportunities. They constitute approximately 52% of the total population of India and approximately 8% of the global population (Mandal Commission’s estimates).[9] The lack of relevant, sturdy, and contemporary data makes it painstaking for them to derive the benefits and also for the government in legislating and implementing affirmative schemes for them. The arrival of such a census would assist the government in their identification as well as in effective and accurate implementation of affirmative policies and schemes. It would also serve as a defence for objections being raised against affirmative policies for OBCs on grounds of empirical accuracy and objectivity regarding OBC’s data. It would depict the real picture of the educational as well as economic status of all the castes and the benefits would reach the needy, leaving no one behind.
The support further arises from an understanding using NFHS 2016 data, wherein the data pertaining to access to higher education (beyond literacy and school education) for populations in different social categories was studied. It was inferred that the proportion of the upper-caste population having a graduate/post-graduate degree was double to that in OBCs,[10] underscoring the fact that the categories reaping the fruits of reservation policies are to be strengthened more. The factor of higher education is imperative because the development and prosperity of a nation does not just depend upon a literate population but a technical, skill-based, and sound-minded one, which can be granted and measured by this factor. Elaborating further on the inference, the situation of OBCs was almost equivalent to SCs and even worse by the exclusion of creamy layer among the OBCs were removed from what was constituted as the OBCs .“Benefits, by large, are snatched away by the top creamy layer of the backward caste or class, thus keeping the weakest among the weak always weak and leaving layers to consume the whole cake”[11] (written by Justice R. Nariman in a 2018 Constitution bench judgement on the necessity to apply the creamy layer principle), fits the reality that the neglect of the non-creamy layer has deteriorated their conditions over the years by their misrepresentation. Hence, unable to acclaim the fruits produced for their upliftment resulting in the alarming need for a caste census and raising the reservation bar vested in the welfare for OBCs if need from the census arises.
Another factor relevant for the comparison of different categories observed was- Occupation. It was inferred that a majority of upper caste households reported their main occupation to be public services/white-collar jobs, while a mass of STs in agricultural/fisheries, SCs in manual labour, and OBCs in blue-collar jobs.[12] The inference provides a dismal proof for the fact that rigidities of the Varna System on an occupational basis still find room in modern India, that the society hasn’t till now moved on from this boon of the past, maybe due to lack of legislative policies or executive willingness to accept and deal with the issue.
The data also points that upper-caste households have an upper hand in most of the lucrative professional job categories, demanding high-level skills and education, leaving SC/ST/OBCs aside. Around 60% of the households reporting their main occupation as health (medical) professionals belonged to upper-caste (it is to be noted that medical category here constitutes only top professional positions and not the associate/secondary jobs, like nurses, pathologists, ward boys, etc.). It is of no surprise because there was upper-caste supremacy in access to higher education as well as white-collar jobs, and together they paved the way for the aforesaid supremacy of the upper caste in this category because the two previous factors form the base for getting a lucrative job. Teaching was dominated by the OBCs. Again, the non-inclusion of the creamy layer decreases the OBCs share in various jobs.[13]
These data obtained from NFHS 2016 and unweighted household data from NSS-74 round, 2018 show the reality of caste inequality existing in our society leading to unequal distribution of wealth, educational opportunities, and other vital resources for the development of an individual or a group and thereby creating the need and advocacy for the recognition of lower castes and their rights.[14] In the light of which, it appears rational, prudent, and just enough to conduct a one-of-a-kind caste census taking into cognizance all the castes and their separate, unbiased and correct enumeration. This step would act as a hope for the underprivileged and unrecognised castes and bring them their justice.
The demand for a caste census is nothing which the world would witness for the first time. There are several precedents for this cause, one being of the United States to address the race issues being a characteristic feature to the American society, by enumerating data regarding class, inter-race marriages, language and race among other metrics and the other of the United Kingdom which counts its immigrant population based on country of origin. This procedure gives these two nations data-backed estimates of different categories within their population for aiding the government and relevant authorities making them more vigilant to make rational decisions in this regard.[15]
Constitutional Aspect
Articles 14[16], 15[17]and 16[18] form part of the Constitutional Right to Equality. Article 15 and 16 are the application of the right to equality as vested in Article 14.[19]
Article 14 states that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. It is in two parts – while it commands the State not to deny to any person ‘equality before law’, it also commands the State to not deny the ‘equal protection of the laws.’ The first part prohibits discrimination, therefore is a negative nature. The second part requires the State to provide special treatment to persons in differing situations to establish equality amongst all, hence positive in nature. Therefore, equals should be treated equally, while un-equals should be treated unequally. However, it must not be on “arbitrary, artificial or evasive” grounds rather on real and substantial ones having just and reasonable bases and goals to be achieved by any policy of the state.[20]
Article 15 states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth, or any of them.[21] It allows the State to make special provisions for women or children.[22] It also allows the State to extend special provisions for socially and economically backward classes for their advancement or for the Scheduled Castes (SC) and Scheduled Tribes (ST).[23]
Article 16 states that, there is equality of opportunity in matters of public employment and prevents the State from discrimination on the grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them.[24] It also gives autonomy to the State to grant special provisions for the backward classes, under-represented States, SC & ST for posts under the State.[25]
In Indira Sawhney v. Union of India,[26] Sawant, J underscored the majority proposition of the need for adopting affirmative measures to abolish inequality on the whole and for equality among unequals. The equalising measures validated by Article 14, would use the same methods through which inequality was introduced and spread so that equalisation of the un-equals may be achieved. Therefore, the demand for caste census stands true and validated legally on the account of the above stated Constitutional Right to Equality which strives for equality and propagates it through special measures for special conditions and certain constitutionally recognised citizens, for the recognition of which this issue has surfaced time and again.[27]
Conclusion
The need and relevance for caste-based census stem from the fact that even after 75 years of independence, caste still plays a prepotent role in the day-to-day political, social and economic life of Indians at large, and yet there is a lack of credible and comprehensive caste data of the population. Caste census would be the foremost remedial step towards the alleviation of the lower caste and the nation at large owing to the former’s population share, in terms of development, quality of life, welfare, and human quality index, etc. It would also lower the stigma attached to lower castes of them being lacking, deprived, and in need of representations and benefits from the government by bringing out the much-needed empirical proof on caste inequalities in modern India, which on accounts of stalling the progress of the nation, inciting disintegration of the social harmony, labelling reservation as merit killer policy are systematically ignored. However, there is fierce competition within reservation too, as the lower castes applicants and their corresponding reserved seats are hugely mismatched indicating the malady of unequal distribution of resources. Each and every caste should be given credit for the social structure and enumeration is the minimal step in this endeavour.
The caste census being materialised should include additions to SECC 2011(rural and urban) questionnaires like a separate column for categorising different castes instead of a pan ‘Other’ category, Covid 19 vaccination status, knowledge of family planning, MNREGA job card, etc.
Lastly, the author submits that the caste census should be conducted to uphold the ideals and aims of equality vested in the Constitution and its blatant disregard would keep us indefinitely trapped in the labyrinth of injustices of the archaic caste system. In the words of Satish Deshpande “the caste census is an important step towards egalitarian citizenship even if it seems to be inconsistent in present times”.
This paper is authored by : Anushka Rashmi, 1st Year, B.A., LL.B (Hons.), Chanakya National Law University
[1] Nikul Joshi, Caste System in India, World History Encyclopedia (Sept. 5, 2021, 9:29 PM), https://www.worldhistory.org/article/1152/caste-system-in-ancient-india/.
[2]Aparna Alluri and Zoya Mateen, Caste census: Clamour to count India social groups grows (Sept. 5, 2021, 9:40 PM), https://www.google.com/amp/s/www.bbc.com/world-asia-india-58141993.amp.
[3] Special Correspondent, Nitish-led Bihar team to press PM for a caste-based census (Sept. 6, 2021, 8:41 AM), https://www.thindu.com/news/national/all-parti-delegation-to-meet-pm-on-aug-23-to-discuss-caste-based-census/article35997299.ece/amp/.
[4] Nikul Joshi, Caste System in India, World History Encyclopedia (Sept. 5, 2021, 9:29 PM), https://www.worldhistory.org/article/1152/caste-system-in-ancient-india/.
[5] See generally, Ainslie Embree, ed., Sources of Indian Tradition: From the Beginnings to 1800 (New York: Columbia University Press, 1988); Pauline Kolenda, Caste in Contemporary India: Beyond Organic Solidarity (Menlo Park: Benjamin/Cumming Publishing Co., 1978); M. N. Srinivas, ed., Caste: Its Twentieth Century Avatar (New Delhi: Viking, 1996).
[6] R S Sharma, Ancient India 3 (National Council of Educational Research and Training 1999).
[7] NCERT, Indian Society 57 (National Council of Educational Research and Training 2018).
[8] Chandan Yadav, To ensure justice, a caste census is essential, (Sept 5, 2021, 10:04 PM), https://www.hindustantimes.com/opinion/to-ensure-justice-a-caste-census-is-essential-101629712764442.html.
[9] Aparna Alluri and Zoya Mateen, Caste census: Clamour to count India social groups grows (Sept. 5, 2021, 9:40 PM), https://www.google.com/amp/s/www.bbc.com/world-asia-india-58141993.amp.
[10] Rakesh Chandra, Caste-based headcounts won’t be enough. India needs a full-blown ‘caste census’, (Sept. 5, 2021, 10:12 PM), https://theprint.in/opinion/caste-based-headcounts-wont-be-enough-india-needs-a-full-blown-caste-census/722960/.
[11] Jarnail Singh v. Lacchmi Narain Gupta, (2018) 10 SCC 396.
[12] Supra
[13] Rakesh Chandra, Caste-based headcounts won’t be enough. India needs a full-blown ‘caste census’, (Sept. 5, 2021, 10:12 PM), https://theprint.in/opinion/caste-based-headcounts-wont-be-enough-india-needs-a-full-blown-caste-census/722960/.
[14] Ibid.
[15]Chandan Yadav, To ensure justice, a caste census is essential, (Sept 5, 2021, 10:04 PM), https://www.hindustantimes.com/opinion/to-ensure-justice-a-caste-census-is-essential-101629712764442.html.
[16] INDIA CONST. art. 14.
[17] INDIA CONST. art. 15.
[18] INDIA CONST. art. 16.
[19] Gazula Dasaratha Rama Rao v. State of A.P., AIR 1961 SC 564.
[20] E.V. Chinnaiah v. State of A.P., (2005) 1 SCC 394.
[21] INDIA CONST. art. 15(1).
[22] INDIA CONST. art. 15(2).
[23] Ins. by the Constitution (First Amendment) Act, 1951, s.2 (w.e.f. 18-06-1951).
[24] INDIA CONST. art. 16(1).
[25] INDIA CONST. art. 16(4).
[26] Indira Sawhney v. Union of India and Others, AIR 1993 SC 477.
[27] Ibid.