RESERVATION – ONLINE EXAM NOTES

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PART- V & VI

Injustice to Denotified Communities

      1. Introduction:
        • De-notified 68 Years Ago, ‘Criminal’ Tribes Still Fight Stigma, Poverty”
        • August 31 is celebrated as Liberation Day by Denotified Nomadic Tribes across India, but real freedom stays far-fetched as social stigma and systemic discrimination continue to affect people belonging to such tribes.
      2. Denotified Tribes of India and the Never Ending Struggle for Freedom
        • 65 years later, these groups continue to be on the receiving end of discrimination based on their identity as “Criminals”.
        • Despite the formation of a National Commission for DNTs in 2003, there has been no improvement in their life conditions.
        • Many of these tribes are not considered SC, ST or OBC and Hence do not get any benefits given to these categories.
        • Owing to this Lack of Classification, they are unable to access education, jobs or even land to live on
        • Most of them therefore, Live as nomads with no fixed homes or access to basic amenities.
        • The stigma of Criminality still looms large on DNTs and is a serious threat to their lives and livelihoods.
        • Although several claims have been made by leaders about enumerating these groups and improving their Conditions, so far not real improvements can be set in their economic or social status.
      3. Liberation Day-31st August 2021;
        • Vimkuti Diwas is the second independence day for many tribal people celebrated 15 days after independence that is on 31 August.
        • Vimukti Diwas identified the Nomadic Tribes of India.
        • In 1871, the British Government made laws that declared many Tribes as Criminal Tribes which were separated from the other People.
        • This was probably done so, that they do not unite and Britishers can stop situations created in 1857.
        • These tribes were forced to live in a particular area but these got free from these after 5 years since India got independence on 31st August 1952. Now, most of the communities who were under Criminal Tribe Act came out of the clutches of this evil statue and are leading normal life. But their Backwardness and Poverty continues.
    De-notified:
        • De-notified tribes are those that were notified under the Criminal Tribes Acts enforced during British Rule, whereby entire populations were branded criminals by birth.
        • In 1952, the Act was repealed and the communities were de-notified.
      2. Who are DNT?
    Denotified, Nomadic and Semi-Nomadic Communities (DNCs) are hard to reach, less visible, and therefore frequently left out. While most DNTs are spread across the Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) categories, some DNTs are not covered in any of the SC. ST or OBC categories. The term ‘De-notified Tribes’ stands for all those communities which were once notified under the Criminal Tribes Acts, enforced by the British Raj between 1871 and 1947. These Acts were repealed by the Independent Indian Government in 1952, and these communities were “De-Notified”. A few of these communities which were listed as de-notified were also nomadic. Terms such as nomads and semi-nomads are applied to ‘social groups who undertook a fairly frequent, usually seasonal physical movement as port of their livelihood strategy in the recent past. The term semi-nomad is mostly used to describe those sections of nomads whose duration, distance and frequency of movement is comparatively less than others. The distinction between nomads and semi-nomads do not involve distinguishable ethnic categories or social groups, it rather describes the degree of mobility practiced by them.
      1. Culture and Tradition of De-notified, Nomadic and Semi-Nomadic Tribes:
    The De-notified and Nomadic communities have diverse ideological patterns, culture, political and social lifestyle, customs and traditions. The customs of Nomadic communities have a long tradition of continuity and many of their practices claim on A Development and Welfare Board for De-notified, Nomadic and Semi-Nomadic communities has also been constituted vide gazette Notification dated 21.02.2019 for Development and Welfare of De-notified, Nomadic and Semi-Nomadic communities Livelihoods of DNT: The nomadic way of life revolves around socio-economic necessity, ranging from making tools and utensils, supplying basic goods (salt, wool), providing medicines and herbs, to entertaining people. The available accounts indicate that these nomadic communities were an integral part of the society and its economic processes around the middle of the 19th century. With their skills and ability to travel for long distances with their kin, they provided essential goods and services to sedentary agrarian communities. Historically, Nomadic Tribes and Denotified Tribes had rare access to private land or home ownership. These tribes used forests and grazing lands for their livelihood and residential use. These communities had “strong ecological connections”. Many of them are dependent upon various types of natural resources and carve out intricate ecological niches for their survival. The changes in ecology and environment seriously affect their livelihood options. As far as Tamil Nadu is concerned, on 18h August 2020 the secretary Ministry on Social Justice and Empowerment sent a letter to the Chief Secretary to Government of Tamil Nadu requesting the state to identify Denotified Communities and take a survey of the communities given in the list annexed. But the Government kept it in cold storage. A copy of the letter is annexed.

List of Denotified Communities : https://obcrights.org/list-of-dnc/

When the State does this exercise, a caste-wise census can be easily done. There won’t be any additional expenditure incurred as the Central government is funding it. The caste-wise census can be conducted through this”.

It is said that the Central government’s list of denotified communities, nomadic and semi-nomadic tribes and the communities listed as per Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institution and of Appointments or Posts in the Services under the State Act, 1993) 3 (A) are different.

As far as Tamil Nadu State is concerned, there are 68 (Sixty-Eight) Denotified Communities and all of them come under “Most Backward Classes” Communities. Interchangeably according to the Convenience of Government machinery they call these communities as “Denotified Tribes and Denotified Communities”. But these communities could get the real – required benefits if only they are termed or designated as “Denotified Tribes”.

  1. Denotified Communities

       

  1. 2008 Renka Commission – to identify DNT Communities.
  2. 2014 National Commission for Denotified, Nomadic and Semi Nomadic Tribes (NC DNT) – for a period of Three Years – to prepare a State wide list of DNC, NCDNT & Semi Nomadic Tribes – to suggest measures in respect of their problems – No Act.
  3. 18th august 2020 – Mr.R.Subramanian IAS. Secretary from the Ministry of Social Justice and Empowerment Government of India writes a D.O Letter (DO No: 11020/2020/DWBDNC to all Chief Secretaries explaining that the living conditions of DNC NCDNT SNT – are very poor. It was said that they were without ration cards, voter ID: To ensure their protection and livelihood Government of India had formed a Development and Welfare Board for Denotified, Nomadic and Semi Nomadic Communities (DWBDNC). So, states were asked to conduct a Household Survey of DNTs. Government of India promised to bear with the cost. The states were asked to complete the Survey before 31st of December 2020. States were asked to name the Department which is entrusted with this work. But nothing was done by TN Government.

Tamil Nadu Government has notified 68 Communities under the list of Denotified Communities. They along with 41 Communities are given 20% reservation under MBC.

 

  1. Rohini Commission for Sub- Categorization

The Justice G. Rohini headed Commission for the Sub-Categorization of Other Backward Classes (OBC) caste groups submitted its long-awaited report to the Ministry of Social Justice and Empowerment after nearly six years of work.

  • The details of the recommendations have not been made public yet, and the government is expected to deliberate on the report before any implementation.

 

  1. What are the Terms of Reference of the Rohini Commission?

 

  • About:
    • The commission was set up on 2nd October, 2017 under Article 340 of the Constitution (President’s power to appoint a Commission to investigate the conditions of the backward classes). Despite of this Commission repeated requests to collect datas on population and socio – economic status of OBCs the Government of India remained “Inert” without any contemporary datas, the Commission submitted it’s report on 31st July 2023. Till now it is not made public.

 

  • Terms of Reference:
    • Examine the inequitable distribution of benefits among OBCs listed in the Central List.
    • Propose a scientific approach and parameters for sub-categorization within OBCs.
    • Identify and classify the respective castes or communities into their respective sub-categories.
    • Study the entries in the Central List of OBCs and recommend corrections for repetitions, ambiguities, inconsistencies, and errors in spelling or transcription.

 

What is the Need for Sub-categorization of OBCs?

  • OBCs get 27% reservation in central government jobs and educational institutions, but it is perceived that only a few dominant caste groups among them benefit from this quota.
  • In 2018, the commission analyzed the data of 1.3 lakh central government jobs and OBC admissions to central higher education institutions over the preceding years, revealing that 97% of benefits went to 25% of OBC castes.
  • Around 983 OBC communities (37% of the total) had zero representation in jobs and educational institutions, highlighting the need for sub-categorization.
  • Sub-categorization aims to create quotas within the 27% reservation to provide more opportunities for historically underrepresented and crowded-out OBC communities.

What is the Historical Evolution of the OBC Reservation Status in India?

  • The journey began with the establishment of the Kalelkar Commission in 1953, which marked the first instance of recognizing backward classes beyond the Scheduled Castes (SCs) and Scheduled Tribes (STs) on a national level.
  • In 1980, the Mandal Commission Report estimated that the OBC population constituted 52% and identified 1,257 communities as backward.
    • To address the inequity, it suggested an increase in the existing quotas (which were previously applicable only to SC/ST) from 22.5% to 49.5%, extending the reservation to include OBCs.
    • Following these recommendations, the central government implemented the reservation policy, reserving 27% of seats in union civil posts and services for OBCs under Article 16(4).
      • This policy was also enforced in Central Government educational institutions under Article 15(4).
    • In 1992, the Supreme Court intervened and directed the central government to exclude the “Creamy Layer” (advanced sections) among the OBCs from benefiting from the reservation policy, ensuring that it reaches the most disadvantaged.
    • In 2018, 102nd Constitution Amendment Act granted constitutional status to the National Commission for Backward Classes (NCBC).
      • This elevated the NCBC from its previous status as a statutory body under the Ministry of Social Justice and Empowerment, giving it more authority and recognition in safeguarding the interests of backward classes, including the OBCs. But, still the NCBC is neither active nor effective.
  1. On which factors / parameters basic reservations are provided. Meaning of SEBC referred in Constitution:
  2. In India Backwardness, particularly for identifying Other Backward Classes is determined by a combination of Social, Educational and Economic factors. These factors include low social standing, lack of educational advancement, inadequate representation in Government and other sectors:
  3. Population of Communities,
  4. Number of House Holds,
  • Number of Family members,
  1. Family Income – Individual Income – Annually,
  2. Educational Status – Advancement,
  3. Job/Profession – Manual / Agriculture etc.,
  • Representation / Government Job,
  • Residence / Type of Accommodation – living,
  1. Property holding / ownership etc.,

 

  1. SEBC – always refer to Socially, Educationally Backward Classes. Reservation and affirmative action are analogy to each other. No country in the world give reservation or imitative affirmative action on the basic of “Economic – Parameter alone”. Even in our Constitution Assembly debate and the Judgment is popular Indra Sawhney (Mandal Case) it was clearly stated that “Economic Status” – alone cannot be a parameter for Reservation. But still Government of India by invoking 103rd Amendment introduced 10% reservation for Economically Weaker Sections. By giving this EWS Reservation the Government violated the cap 50% fixed by the Supreme Court in Indra Sawhney (Mandal Case) without giving formidable data for exceeding the limit of 50%. (Details of the orders please see in the Annexure). By introducing EWS, the Government nullified or taken away the “Reservation – Concept”. Now all Communities come under reservation. Kindly have a look on simple analysis:
    1. SCs/STs – come under 22.5% (15+7.5) Reservation
    2. OBCs – come under 27% Reservation
    3. All other Communities whose annual income is less than Rs.8 lakhs – come under 10% EWS.
    4. Open /General/Merit Quota – (i). OBCs whose annual income is more than 8 lakhs

(ii). All Communities whose Annual income is less than                      Rs.8 Lakhs.

  1. EWS Quota an “Affront” to Equality
  • The Mandal Commission of 1979 and the Major Sinho Commission of 2006 present a study in contrasts. The Mandal Commission examined social and educational backwardness, with its 1980 report forming the basis for the introduction of 27% reservations for Other Backward Classes in higher education and public employment in 1991. The Major Sinho Commission studied economic backwardness among the ‘General Category’ and opened the gateway for EWS – 10% Quota.
  • The Union Government had used the Sinho Commission Report to justify reservations of 10% for Economically Weaker Sections in higher education and public employment. However, the two Commissions did not just differ in terms of their scope and terms of reference. Rather, there were marked differences in composition and methodology. As the Supreme Court increasingly engages with the role of data in reservations cases, the stark differences between the two Commissions provides cause for deliberation. The question of how the Court has engaged with the work of these two Commissions may have profound implications for the future of affirmative action in India.
  • The Backward Classes Commission, also known as the Mandal Commission, was constituted in 1979 under the directions of the Janata Government. The six-member Commission was chaired by B.P. Mandal-himself a backward class ex-Parliamentarian-and was assisted by a team of eminent sociologists including M.N. Srinivas, Yogendra Singh, and BK Roy Burman. The Commission based its report on case studies, census data, tours across the country and interactions with experts. However, it is best known for conducting an extensive survey spanning 405 districts, surveying two villages and one urban block in every district of the country. Additionally, the Commission obtained extensive evidence from the public through questionnaires published in newspapers, by visiting several districts and villages and attending nearly two-hundred meetings. The principal recommendation of the Mandal Commission was the introduction of reservations of 27% for Socially and Economically Backward Classes in higher education and public employment. These reservations were introduced in 1991 by the VP Singh Government. This was done in pursuance of the provision 15(4) and 16(4) of the Constitution of India.
  • The MAJOR SINHO COMMISSION, constituted by the UPA Government to study economic backwardness among the general category, consisted of Retired Major General S.R. Sinho, Narendra Kumar, and Mahendra Singh, an IAS officer, to study economic backwardness of open quota communities, the Commission visited most of the States and Union Territories, held discussions with government functionaries, the media and social activists. The Commission sent questionnaires to state governments, conducted a workshop and seminar, and engaged with heads of social science institutions. The Major Sinho Commission recommended that the limit for taxable income should be used to determine whether a candidate is economically backward. It said that affirmative action other than reservations should be thought of, such as education and skill-building, and improvement in health and sanitation.
  • In 2019, the NDA Government introduced 10% reservations for Economically Backward Sections (EWS) in higher education and public employment by amending the Constitution of India (One Hundred and Third Amendment) Act, 2019. Candidates with a family income of up to Rs.8 lakhs are qualified for reservations under this category. The Government claimed that reservations for EWS were introduced on the basis of the Major Sinho Commission Report.
  • There is a wide chasm between the methodologies employed by the Mandal and Major Sinho Commissions. While the Mandal Commission interacted extensively with the public and surveyed vast swathes of the Indian population, the Major Sinho Commission was more circumspect in its approach, communicating primarily with government functionaries.
  • Adverse Effects of EWS Quota: – The EWS Quota stops people from getting away or to get rid of caste and religion. Even people who do not see themselves as SC/ST/OBC are compelled to identify themselves on the basis of their castes and claim quota from within 50% available to them. The original/basic Constitution vision was eroded. The principle of equality was given a good-bye by the concept of EWS Quota. Though the SC/ST/OBCs may have never availed benefits, sought reservation or job on the basis of any caste Quota, such people are denied of their fundamental rights to equal opportunity. Is it Social Justice?

 

Discrimination:

Section EWS Quota 10%

Any OBC – who have/has an income of Rs.8 Lakhs and above – he/she comes under “Creamy Layer” – there is no Reservation or he/she is not eligible for OBC – 27% reservation. He/She should compete in open quota only. But anyone who does not come under any reserved category and the annual income is one Rupee less than 8 Lakhs, i.e. Rs.7,99,999/- then he/she is eligible for reservation under EWS – 10% quota. It is strange to fix the poverty line between the OBC and Open quota communities with Rs.1- as the Ceiling Cap.

The 3:2 split verdict on EWS Reservation was delivered on 07.11.2022, Three Judges out of five upheld the 103rd Amendment – that introduced sub clauses (6) in Article 15 and 16 – and confirmed the 10% reservation given to Economically Weaker Sections in Advanced / Forward Communities or Communities which are not covered under reservation quota i.e. SC/ST/OBC. This Judgement is considered to be in violation of the settles law in “Indra Sawhney or Mandal Case” which observed that “Economic Status” – cannot be a lone parameter for reservation. Besides it, the same judgement prescribed a ceiling of 50% (Cap of 50% Reservation) unless there is compelling reasons supported by data providing additional reservation in case of exceeding the limitation. Besides that, EWS – 10% also violates the principles laid down in “Nagaraj” – case which insists that (i) there must be a quantifiable data to substantiate that a particular class in inadequately represented – educationally backward.

Citing the above prepositions / facts and the provisions of Article 46,368 and the law down in Shri Prithivi Cotton Mills Ltd – etc., Society for the Rights of Backward Communities (OBC – Rights) and various other organizations challenged the 103rd Amendments in Supreme Court of India. But unfortunately, the 103rd Amendment was upheld by Three – out of Five Judges. Again the society for the Rights of Backward Communities (OBC – RIGHTS) files Review Petition. That too ended in vein: on 07.11.2022. Hon’ble Judges who delivered the Judgement in EWS case were:

  1. Hon’ble Chief Justice Uday Umesh Lalit,
  2. Hon’ble Justice Dinesh Maheswari.J,
  • Hon’ble Justice S.Ravindra Bhat.J,
  1. Hon’ble Justice Bela M.Trivedi.J, and
  2. Hon’ble Justice J.B.Pardiwala.J.

 

  1. Society for the Rights of Backward Communities (SFRBC)

Society for the Rights of Backward Communities (SFRBC), is the only one non-political, formidable – structured organization relentlessly fighting for the causes of OBC – Communities. OBC – Rights is it’s front organization. It is administered by Former Senior Government Officials, Public Service Commission Members, Vice-Chancellors etc., It was established in December – 2020 at Coimbatore. It is a registered body. It’s name and logo are protected under IPR Act. Mr.V.Rathna Sabapathy – Fmr. Superintendent of Police / Member – TNPSC – who is an Expert – Scholar in Management Law is the founder of the organization. The Vision of this organization are:

  1. to ensure the retrieval of Constitutional and Statutory rights to youth / students so that they get priorities in Admissions, Scholarships, Jobs in Government and Public Sector Undertakings,
  2. to ensure adequate scholarship to OBC Students in higher education institutions,
  • to shatter the cunning/ discrete screening methods which work against OBC Students in elite Central Government Institutions,
  1. to provide education loans through Banks and Government Schemes,
  2. to protect the OBC – Youth Girls / Women from the onslaught of anti-social elements,
  3. to ensure essential facilities like labours to Agriculturalist under MGNREGS – Schemes, Minimum Support price to Agri products, to establish research centers to eliminate permanent pests like Ereo bite, slug caterpillars etc.,
  • to save OBC People from the false – motivated – business oriented – manipulated cases under SC/ST (PoA) Act.,
  • to pressurize State / Central Governments to take Caste Survey / Caste Census so that the neglected under privileged communities get their due share,

 

  1. To achieve the above objectives, we are,
  2. fighting in High Courts and Supreme Courts,
  3. conducting agitations, meetings etc., in field and,
  • continuous awareness programmes online – offline etc., though it was formed in December 2020, it maintained it’s unique identity by keeping away from politics. It neither participated in elections nor supported any party, during 2021 Assembly Elections, Local Body Elections and Parliament Election.

 

  1. Details of the Effects of SFRBC / OBC Rights to protect the OBC People:
  2. It has a permanent office with staff, and helpline, to render moral and legal assistance to OBC People,
  3. It conducted Education – Competitive Exams awareness to OBCs in at least 14 districts,
  • It has provided online notes and mock tests to TNPSC Exams,
  1. During Tirunelveli – Tuticorin floods, SFRBC/OBC – helped the affected people by going to village to village and provided Bedsheets, Medicines, Dress and Food and etc.,
  2. SFRBC/OBC provided scholarships to students without both parents (i.e. Father and Mother),
  3. It has so far facilitated “Education Loans” – to more than 100 students to pursue their higher studies,
  • To guide the rural – innocent people, it has formed a multi structured – robust website , www.obcrights.org which guide youth on what to study, where to study, how to get monetary assistance etc., more than 10 lakh people visited the website and every month an average of 15,000 people use the contents,
  • More than all, it provides the employment opportunities in the natural level – through website and WhatsApp,
  1. It has established “OBC – People Centers” in Erode, Coimbatore and Sathyamangalam to provide 360 degrees help to rural people,
  2. Now it is introducing a Mobile Help Desk Van to go to villages and help the youth, Agriculturalist and downtrodden people.

General:

The Candidates are once again informed / remind that all the above hint-notes are suggestive and not exhaustive. These are valuable information’s which are useful to you and the future generation. You may please read the connected materials with available sources to acquire more information’s on your rights which are denied or neglected till now. We assure that the Online – Exam will be conducted in a fair and discrete manner. We will select 30 candidates out of merit and after an oral interview 13 candidates will be selected for the announced prizes. 

WISH YOU ALL THE BEST!

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