Tuesday, November 13, 2012

THE SECOND BACKWARDS CLASSES COMMISSION UNDER B.P.MANDAL COMMISION CRITISICING GOVERNMENT

The second Backward Classes Commission under the chairmanship of B.P. Mandal
criticized this government policy of emphasizing the economic criteria and dismissing
caste as a criterion to determine the social and educational backwardness. It strongly
advocated that the caste should be the basis for determining social and educational
backwardness. It wrote: “It may be possible to make out a very plausible case for not
accepting caste as a criterion for defining ‘social and educational backwardness’. But the
substitution of caste by economic tests will amount to ignoring the genesis of social
backwardness in the Indian society.28” The report of the Mandal Commission was taken
up for implementation by the then Prime-Minister V. P. Singh in 1990. The significance
of Mandal Commission’s report was that it turned the nations attention back to the ‘social
oppressions’ inherent in the social structure of the Indian Society. Unfortunately, the soul
of the debate lost its gloss in the narrow politics and the nation failed to honour the spirit
of the constitution which was committed to end social discrimination and ensure liberty
and social justice to all its citizens. The Indian State missed the opportunity to expand its
policy for ‘protective discrimination’ and ‘affirmative action’ in order to root out the
vices of centuries old caste system in Indian society.
B. P. Mandal brought the nation’s focus back to the caste based oppression and social
disabilities inherent in the system to be considered as a relevant criteria for welfare
activities by the State. However, it failed to define other dimensions of ‘social
discrimination’ and ‘social prejudices’ which were not covered at the time of making of
Indian Constitution. Mandal construed the caste hierarchy having two distinct divisions,
i.e., forward and backward. This two-tired division fails to capture shades of complicity
within the caste based society. The practices of ‘social discrimination’ and ‘impacts of
social prejudices’ operate at multiple levels and results into an array of ‘social
disabilities’. B. P. Mandal was reluctant to accept this multiplicity of social
discrimination. This attitude is reflected in Mandal’s report with regard to Mr. L. R.
Naik’s suggestion to divide the list of OBCs into two sections, i.e., ‘Intermediate
Backward Class’ and ‘Depressed Backward Class’. As a consequence, Mr L. R. Naik
wrote a separate minute of dissent with reference to this suggested bifurcation in the
categorization of the socially and educationally backward classes of citizens.
The intermediate backward classes are those who have co-existed since times
immemorial with upper castes and had, therefore, some scope to imbibe better
association. The ‘Depressed Backward Classes’ are those communities whose
intermingling with the Indian society was either denied, prohibited or segregated on
account of stigma of nomadism or criminality. Thus, L. R. Naik was clearly brought
nomadism and criminal stigma as two unattended dimensions of discrimination practiced
in Indian society into the discourse. L. R. Naik believed that “these unfortunate class of people, i.e., ‘Depressed Backward Classes’ seeped as they are in massive backwardness would take time for their
enlightenment and advancement, unless, of course, concerted efforts, at national levels,
are made by way of sagacious inputs of safeguards the benefits of which should be
percolated to them in a large measure. So there is a compelling need to shift them
carefully from the main common list and create a separate entity of equals or near-equals
to bring about a healthy competition among hem for the benefits of safeguards. The rest
of the communities in the common list should then form a distinct category for the same
reason of creating an atmosphere for competition among equals for the safeguards. This
device is necessary in the interest of the nation as a whole.29
L. R. Naik makes another important observation on a more recent dynamics in the caste
system. He wrote: “During the course of my extensive tours throughout the length and
breadth of India, I observed that a tendency is fast developing among ‘Intermediate
Backward Classes’ to repeat the treatments or rather ill-treatments, they themselves have
received from times immemorial at the hands of the upper castes, against their brethrens.
I mean, the Depressed Backward Classes. In an unequal society like ours, it is necessary
that the commission takes all precautions so that the more helpless and needy segments
are not deprived of the benefits of the various safeguards by avoiding cut-throat
competition among unequals.30” L. R. Naik here exposes inconsistency in the social
policy of being selective about only a certain kind of social discrimination to provide
preferential treatment by the State. B. P. Mandal in his covering letter addressed to the President acknowledges the relevance of these arguments introduced by Mr L. R. Naik. In this context he wrote: “Whereas the commission sees the point of Shri Naik’s contention, the acceptance of his approach will
result in a situation which is repugnant to Article 15(4) of the Constitution. In the case of
Balaji Vs State of Mysore, the Supreme Court has clearly held “In introducing two
categories of Backward Classes what the impugned order, in substance, purports to do is
to devise measures for all the classes of citizens who are less advanced compared to the
most advanced classes in the State, and that, in our opinion, is not the scope of the Article
15(4)”31.

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