This article is written by Shoronya Banerjee from Amity University, Kolkata. This article discusses the prevalence of the caste system in India and the significance of the reservation system to outlaw it. 

Introduction 

Adjacent to India’s diversity, we can find the persistent existence of caste at every corner of the nation. The history books of primary school make children aware of the idea of caste and how the holy scriptures have upheld it for ages. The privileged class of people thinks of caste as a subsiding issue, and they subsequently become a part of the crowd raising their voices against the prevailing reservation system. But is it possible to ignore the essence of caste brought in by our house helpers? How they feel comfortable about sitting on the ground or a separate chair while eating, how they don’t come near the dining table, how they have an inbuilt feeling of them mandatorily having separate utensils and eating all the leftover food, and so on. We might overlook these instances, but this is indeed a part of the gravest problem of our society. Caste, even in today’s world, acts as a source of self-esteem, satisfaction, and contentment. India occupies the best and oldest position in the case of the subsisting social stratification in society.

Keeping all the religions, ethnicities, cultures, and traditions alive, India has also held on to the age-old introduced caste system under the covers of development and progress. The caste system of India commonly referred to as ‘jati’ upheld the concept of one’s lineage. India has kept alive more than 3000 castes highlighting the concept of purity and piousness. The caste system over the ages divided the society into several fragments of specific and definite social classes appearing in a hierarchical arrangement. Financial and economic status, traditions, lifestyles, educational background, and so on has facilitated the process of this stratification further.

The biggest debatable question has turned out to be that when the society and government’s affirmative actions have been working so well, then how can it still be an outstanding problem? But this doesn’t mean that the everyday scenario in the rural areas, especially in the states like Uttar Pradesh, Haryana and so on, the frequent reports of religious violence inflicted on them and also the picture portrayed through various house helpers in our daily lives cannot be ignored. Countries like India, Sri Lanka, Nepal, and Pakistan yet have prevailing caste systems even today.

The religious theory behind the caste system in India

The genesis of the Indian Caste System has been explained through certain religious and biological theories. According to the most famous religious theory, the Rig Veda initiated the introduction of Purush, the primitive and early man who annihilated himself to build the foundation of human society. The Varna System was created with reference to his different body parts. Several theories and sources put forth the identity of the Purush to be that of Brahma, the creator of the world according to Hinduism. According to the theory, the Varna hierarchy worked in descending order as per the organs which provided a ground for the establishment of the Varna system. The Brahmans occupying the topmost position in the hierarchy were considered to be the most intellectual and influential class of people having originated from the head of the Purush, which indicates the brain. Similarly, the Kshatriyas came from his hands that depicted strength, and therefore, they were the warriors. In the same way, it is claimed that the Vaishyas emerged from his thighs and the Shudras from his feet, placing them at the most inferior position in the society altogether. 

Certain constitutional provisions against caste discrimination in India

• Articles 15 and 16: With the former ensuring no discrimination against anyone based on religion, caste, sex, colour or place of birth, the latter provides equal opportunities to every citizen for acquiring government jobs and also allowing the state to make provisions for reservation policies for any backward classes that the state identifies to be not represented in services. Even though these articles are a part of fundamental rights assured to every single citizen of the nation, the weaker sections of the society cannot be overlooked and ignored. These sections were never able to live on terms with that of the well to do and economically higher sections of the society. Such provisions of equality leave the backward classes at the last stop in the society, right at the position that they had been given ages and centuries ago. 

In the case of State Of Kerala & Anr vs N. M. Thomas & Ors, the Kerala State Subordinate Services Rules 1958, had put forth Rule 13(a) according to which no person could be appointed for any service unless he had certain special qualifications and had successfully passed tests prescribed by the Rules. For the promotion of a lower division clerk to the position of an upper-division clerk, the government had special departmental tests that all had to pass. Rule 13A passed later allowed temporary immunity from the departmental tests for two years. This rule had a Proviso 2 that gave temporary exemption of two years to candidates who were Scheduled Castes and Scheduled Tribes as a Harijan Welfare Association had brought to the notice of the State  Government that several Harijan employees in the service were failing because of this rule and therefore, the exemption in respect of Scheduled Castes and Scheduled Tribes employees from passing these exams for 2 years were requested to the State Government. In relation to this, the State Government had introduced rule 13AA.

The respondent had passed the special tests in 1971, but he had not been promoted. Whereas, others from the Scheduled Castes and Scheduled Tribes, were promoted to the position of Upper Division Clerks even after not passing the departmental tests. He had moved the High Court for the pursuance of a declaration against Rule 13AA framing it to be violative of Article 16 of the Constitution. It was held that classifying employees belonging to the Scheduled Castes and Scheduled Tribes and giving them a better opportunity of passing the tests were fair and just. It was about providing equal opportunities to every citizen for being appointed or employed in public offices. The Supreme Court observed that the State was free to choose any “means” to achieve equality for backward classes.

• Article 17 abolishes untouchability in any form and practice of it. To make this more stringent, the parliament passed the Untouchability (offences) Act in 1955 which was again amended and changed in 1976 to the  Protection of the Civil Rights Act, 1955. Any practice of untouchability would be an offence and punishable as per law. 
• Article 19 gives to all citizens the freedom of speech and expression, freedom of peacefully assembling without arms, moving freely throughout the nation, forming associations and unions, practising any occupation, trade or business, and so on.
• Article 21 prevents an individual from getting deprived of ‘life and personal liberty.’ This is an essential provision for raising voices against lower caste people getting beaten to death, murdered, discriminated against and subjected to all kinds of inhuman activities. 
• According to Article 46, the educational and economic interests of the weaker sections of the people, and, in particular of the Scheduled Castes and Scheduled Tribes are protected by the state especially from social injustice and all forms of exploitation.
• Articles 330, 332 and 334 put forth provisions for the reservation of seats both in the Union and State legislatures for a period of ten years for the Scheduled Castes and Scheduled Tribes. Amendment to Article 334 substituted the words “fifty years” with “sixty years” as per The Constitution (Seventy-Ninth Amendment) Act, 1995.

The greatest battle of abolishing untouchability

The intricacies and specificities of the caste system were put forth by the Hindu legal treatise known as Manusmriti. It put forth the idea of a division in our society as per four strictly hierarchical groups known as varnas. This Varna system ignored the untouchables as per the laws of Manu. At one point in time caste became completely occupation-based, with the lowest strata associated with the Shudras, who were at the lowest level of the society and named them the “scheduled castes” a term prevalent today as well. Post-independence, the Indian caste system had lost its relevance, but it was still alive in the deepest corners of our society. Prejudices related to caste were and are still alive in private matters of households, marriages, trade, etc.

The constitutional provision of Article 17 abolishing untouchability and the Untouchability Act passed in 1955 also amended in 1976 and transformed into Protection of Civil Rights Act, was one of the greatest victories for India which would pave its way towards equality, equal opportunities, reservations, stable economy and good society with compassionate beings. In the case of People’s Union for Democratic Rights v. Union of India (1982), the petitioner, an organization formed for protecting the democratic rights issued a letter to the judges, which was structured based on a report made by three social scientists who were put to work by the petitioner for investigating the conditions of the workmen occupied with work of the various Asiad Projects. This letter was treated as a writ petition on the judicial side, and notice was issued to the Union of India, Delhi Development Authority, and Delhi Administration respondents to the writ petition. The Supreme Court observed that the fundamental right provided under Article 17 was available against private individuals as well, and it was also the state’s duty to prevent its violation. 

But are the people yet free from the clutches of untouchability? Enforcement of certain laws to protect Dalits remains to be a myth, although the reservation system has helped a lot to do away with it. In 2018, a Dalit man’s wedding was going to take place in the Parsa village in Gandhinagar district, Gujarat. But how could the upper-caste villagers not raise any objections concerning the marriage? Soon the groom was approached by some villagers of the upper-caste Darbar community with their objections regarding the groom riding a horse and the repercussions they would have to face in that case. This made the groom call for police protection. The marriage procession had continued with the support of the police. 

Another instance was reported in 2018 in the Sivaganga District of Tamil Nadu. Two Dalit men were objected by an upper-caste Hindu man for sitting cross-legged and insulting the upper-caste. On the same day, the upper-caste Hindu man had launched an attack in the entire village where the two Dalit men resided. This resulted in several villagers sustaining injuries, damaged properties and the death of the two Dalits. It was also reported by a villager that numerous complaints had been made at the local police station but all were ignored and no case had been registered. This is just a small clipping of what actually the backward and downtrodden people still go through in their day to day lives. The practice of untouchability still prevails in certain rural areas till date and it is the reservation system and the legislations that India relies upon to do away with caste, discrimination and inequality in the society.

The condition of the Dalits

Dalit oppression became an incessant part of the Indian caste system dating back to the second century B.C.E with the sacred text of Manusmriti. The Dalits, also referred to as the ‘untouchables’ were forbidden from having and experiencing a religious and social life. The movement structured for freeing India from colonial rule also saw the birth of two different propositions for improving the condition of the Dalits. One was put forth by Mahatma Gandhi to uplift the status of the Dalits, abolishing the stigma of untouchability but retaining the traditional system. Dr. B. R. Ambedkar led the other approach according to which he believed that only destroying the caste system would improve the condition of the Dalits and help in abolishing untouchability completely. 

Indian independence was followed by the formation of the Indian Constitution which abolished ‘untouchability’ and made its practice punishable. But still, the Constitution, statutes and legislations like the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and so on has time and again failed to protect the downtrodden people and provide them with safety and security. Affirmative government action always focuses on uplifting the economic status of the Dalits but not free them from the shackles of discrimination and untouchability. The aftermath of the 2004 Tsunami was devastating and destroyed the lives of the Dalits of Tamil Nadu. Thousands and lakhs of Dalits were killed and displaced. But even after that, they had to face discrimination. The ‘untouchability’ fed in by the Hindu-upper caste dominated this situation as well. They were excluded from relief camps and made to stay in places near graveyards, garbage-dumps, and so on. Dalits were even prevented from using the taps of water tanks donated by international agencies as the upper-caste Hindus feared the water of getting polluted. 

With the ongoing pandemic and the vulnerability of the nation, the standing of the Dalits in the society has pushed them closer towards the virus. The principle of social distancing has been certainly twisted and used as propaganda to continue with the tradition of untouchability. Social distancing, a practice of maintaining distance for preventing the transmission of the disease has somewhere facilitated the further practice of untouchability as the ‘untouchables’ are considered to be unclean. Upper-caste patients of COVID-19 from places like Uttar Pradesh clearly refused to eat food prepared by the Dalits in the isolation centres. In between this the 32-year-old, social activist of Vanchit Bahujan Aaghadi, Arvind Bansod was murdered on 27th May 2020. He had been publicly assaulted by NCP officials but political power and influence have completely suppressed this incident as well. The pandemic too hasn’t been able to stop the inhumanity rendered towards the Dalits.

The Indian reservation system

The Indian reservation system can be traced back to the period of colonial rule in India. It was the Government of India Act, 1919 that introduced reforms directed to the minorities including the formation of communal electorates. The Muslims already had existing communal electorates through the Minto-Morley reform of 1909. Then came the Simon Commission whose workers conducted tours in the Indian provinces to come up with suggestions of merging separate electorates and reserving seats for the downtrodden classes and demanding proper voting rights as the economically, educationally and socially backward classes weren’t allowed to vote properly. Introduced ages ago and even included in the Indian constitution, the reservation system has become an extremely essential part of the Indian society as it safeguards the backward classes and provides them with an opportunity to live a life of dignity. The Constitution framers included the concept of ‘reservation’ to do away with the oppression faced by backward classes. The granting of rights, opportunities and reservation would ensure this.

History

• Pre-independence

The Indian reservation system dating back to the 2nd century B.C. witnessed the economically placed higher society and upper class enjoying all privileges and better living conditions in every aspect of life. Sources highlight the special position Brahmins acquired in the society and amongst the other Varnas. William Hunter and Jyotirao Phule in and around 1882 came up with the thought of a caste-based reservation system. Chhatrapati Shahuji implemented a form of it in 1901. However, the British Prime-Minister Ramsay Macdonald who in the truest sense introduced the reservation system in 1933 presented the ‘Communal Award’. This indicated the provision for separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans and the Dalits. 

The ‘Poona Pact’, had put forth the idea of a single Hindu electorate. Sikhs and Muslims had separate electorates and the lower classes had a particular number of seats for specified constituencies. This is what coincides with the idea of SC and ST of today. Dr Ambedkar settled with having a single Hindu electorate with seats reserved for the Dalits. Electorates for the other religions remained separate. Thereafter independent India saw major changes introduced in the reservation system for the protection of the scheduled castes, scheduled tribes, backward classes and so on.

• Post-independence

The Janta Party in its election manifesto of 1977 included their goal of ending caste-based inequalities and promised a “policy of special treatment” for the poor sections of people. They wanted a reservation in appointments to the government services and educational prospects. The Government of India, headed by the Janata Party had formed a Backward Classes Commission. B.P. Mandal, Member of Parliament, and the chairman of the commission had been set forth to get recommendations regarding the implementation of election promises. Recommendations of economic upliftment of the backward classes with an aim to bring about constructional changes in Indian society were made. The Janata Dal, a part of the National Front government at the centre, tried to implement the recommendations of the Mandal Commission. They introduced several reservation schemes which initiated huge mass protests where Rajiv Goswami stimulated the anti-Mandal commission movement further by self-immolating himself. V.P. Singh, Chandrashekhar and Narsimha Rao’s governments came to power in 1991 with the suggestion of retaining reservation in the Government’s civilian job posts for the socially and educationally backward classes. Mandal Commission’s report on having reservations in government jobs for backward classes was put to effect and Narasimha Rao’s government’s decision of reserving 10% seats of government posts and services for the economically backward class was not considered.

Indra Sawhney v. Union of India

In the landmark case of Indra Sawhney V. Union of India (1992), under Article 340 of the Constitution, a Backward Class Commission had been formed for investigating the conditions of the backward classes within India. The Commission was known as the Mandal Commission. The commission was empowered to acquire information necessary for the Central Government, the State Government, Union Territory Administrations and other authorities and individuals as sought to be important by them. In this case, the 9 Judge Constitution Bench of the Supreme Court had held that the Union Government’s decision of reserving 27% Government jobs for backward classes but after removing the socially advanced class people from the scope of consideration was constitutionally valid. 

From 1990 to 1991 the Commission while distinguishing socially and educationally backward classes also tried checking upon if they had committed the same mistake done by the first Commission and if there was a possibility of adopting different benchmarks for the determination of backwardness amongst the  Hindus and non-Hindus it was required to be gone into by the Government before giving such an order. The exercise of power to reserve comes with the responsibility of determining the backward class of citizens and enquiring about their adequate representation. The court had held the 2 disputed notifications valid and enforceable but in compliance with certain conditions including the elimination of the socially advanced people from such classes. But the court had not accepted the Congress Government’s notification on 10% Government jobs for economically backward classes among higher classes.

10 per cent reservation for the “Economically weaker sections.”

The Constitution (103rd Amendment) Act, 2019, amended Articles 15 and 16 of the Constitution and added the clauses aiming towards providing a maximum of 10 % reservation for “economically weaker sections” apart from the Scheduled Castes (SC), the Scheduled Tribes (ST) and the Other Backward Classes (OBC). The new clause (6) of Article 15 allows the state to have reservations in matters of admissions to educational institutions, whether aided or unaided besides minority educational institutions under Article 30(1). The new clause (6) of Article 16 also allows reservations with regard to appointments or posts under the state. The reservation for this category would be over the existing scheme of 15 per cent, 7.50 per cent and 27 per cent respectively for the SC, ST and OBC-NCL.

The government defended its suggestion of the introduction of a 10% reservation for the economically backward classes in the workplace and educational institutes, in the Supreme Court. It claimed to hold up the court’s decision of the 50% cap on quotas but with the introduction of exceptions made in extraordinary situations. There exists the  27.5% quota for the OBC (other backward class) category, 15% quota for SCs (Scheduled Castes), and 7.5% quota for the STs (Scheduled Tribes). The 10% quota for the general-category poor would add up to these schemes of reservation with the 103rd Constitutional amendment. 

Suggestions 

Even after the government’s affirmative actions and the laws established to do away with the evils brought in by the caste stratification in India, the nation is yet behind to bring in improvements in the society. Years after years the backward classes have been lynched, beaten, discriminated against and killed brutally for breaching the boundaries brought in by the age-old established caste system. Some suggestions to do away with the evils of the caste system are:

1. To stop generalising the prevalence of caste system in India for the primary school children by portraying the history of it through textbooks. It is essential to study it for knowledge but it is essential to bring forth the evils of it in front of the school students as well. It must be taught that no one on the basis of anything should be discriminated against. They should also be taught to raise their voices against such practices carried anywhere even in their homes. It is important to shape the future pillars of the society keeping every bound of the society in my mind.
2. The outbursting population of the country also indicates the widespread poverty prevalent in the nation. The vibrant working of the caste system and discrimination related to it in the rural areas is probably because of the lack of education. But it is not only the rural areas, such instances occur in big towns and cities as well. So objective and mass education is required to help people realise the evils of the caste system and how brutal it is. But illiteracy can never be the only reason, sometimes wealthy and intellectual people and families are also seen practising the caste system. So self-realisation is also important in this process. 
3. Crimes reported against people for discriminating against someone on the basis of caste should be given more attention and laws should be brought in with suggesting more rigorous punishments. If such cases are given more attention then probably the deaths of the people, for this reason,  belonging to the lower or backward classes could be minimized.
4. Reservation advantages granted to families belonging from the Scheduled Castes, Scheduled Tribes and so on, should have more stringent specifications and boundaries to stop people from misusing such an advantage. 

Conclusion

Caste discrimination has always been a regular phenomenon of Indian society. Yet, the question regarding the relevance of reservations in India today is quite pertinent. The prejudice and bias related to caste if still needs the support of the reservation system is something much debated on. Reservations are indeed a source of triumph for our society. Often when things don’t work in our favour we tend to treat it with hatred and anger. Yes, reservations have certainly helped quite a bit to outlaw the perils of the caste system in our current society but is our society really free from the inhumanity of caste discrimination? Is it really that point of time to completely do away with the reservation system in our country? Yes, the implementation of remedial functions has acquired an extremely disparate position in the middle of the depth of the debates and controversies over the preferential policies. But we cannot disagree on its significant impact on the backward sections and lower castes of people. India even today faces discrimination, violence and prejudices related to castes. Villages at several corners of our nation yet see people being isolated from the society, walking barefoot in the part of the locality where the higher class resides, children being taught about caste superiority right from school, honour killings and so on.

Even though the reservation system is considered to be baby steps towards a great triumph for society against the evils of caste discrimination, we cannot overlook the situation of how the reservation system has been misused by politicians and the upper-castes. The fact that upper-castes in the society are instilled with so much power that they can easily in exchange for money get under the covers of the backward class to prevail the advantages and rights reserved for them. In the long run, it is actually the upper-castes who are benefitting. In the modern era with the government introducing more affirmative actions the problem of the caste system has lost its significance and is considered to have been outlawed but it is actually present, present in the deepest corners of the Indian society.

References

• https://www.bbc.com/news/world-asia-india-44517922
• https://indianexpress.com/article/india/gujarat-dalit-groom-reaches-brides-home-on-horse-under-police-protection-in-5221751/
• https://www.thehinducentre.com/publications/policy-watch/article26436396.ece
• https://edition.cnn.com/2016/02/23/asia/india-caste-system/index.html
• https://www.nytimes.com/2018/11/17/world/asia/tell-everyone-we-scalped-you-how-caste-still-rules-in-india.html

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