Interview/ Kishor Makwana, chairman, National Commission for Scheduled Castes
THE SUPREME COURT’S judgment on sub-classification of scheduled castes and scheduled tribes has triggered an intense social and political debate. Kishor Makwana, chairman of the National Commission for Scheduled Castes, says sub-classification would result in internal strife within the community and it does not adhere to the basic sentiment of the Constitution. Excerpts from an interview:
Q/ How do you view the Supreme Court’s judgment on sub-classification of scheduled castes and scheduled tribes?
A/ The system of reservation provided for under the Constitution is meant to ensure that the social strata left behind because of the caste system and the practice of untouchability in the Hindu community should come into the social mainstream. The Supreme Court has said that there should be quota within quota to ensure that some specific sections that have not benefited from reservation should also benefit from it. But what will this lead to? This will result in conflict within the scheduled castes and scheduled tribes. So this is not correct.
Q/ The court has also observed that the creamy layer concept could be applied to the scheduled castes.
A/ There is another observation made by the Supreme Court about creamy layer. Today, any individual belonging to the scheduled castes, even if he has become a doctor, engineer, scientist, industrialist, has done well from the economic point of view, when he goes in the midst of the community, how will he be treated? He will not be treated based on his economic prosperity. He will be treated like a dalit. So the creamy layer concept fails here. Hence the suggestion which the Supreme Court has given is not in the interest of society. Discrimination does not get over with economic prosperity. The Constitution, too, has not made the provision for reservation based on economic criteria. The criteria for reservation in the Constitution is inequality due to caste system and untouchability.
Q/ The Supreme Court has said the states can sub-classify SC/ST. Can it be implemented?
A/ It is very difficult to implement it. Even today, among these communities, educated ones are able to get jobs. It is the same in the political field, too. For example, in my home state Gujarat, there are 13 seats for scheduled castes. People belonging to the Valmiki community have also got tickets to contest from those seats. Sub-classification will only result in conflict within the community.
Q/ So you feel that this cannot be implemented?
A/ It should be left to the scheduled castes. All the castes in this community are moving forward together. In such a situation, sub-classification will only result in internal strife within the community. This suggestion is not good for the community. However, some reflection should happen within the community on ensuring that no section is left behind.
Q/ Some states like Telangana and Karnataka have said that they will implement the Supreme Court judgment.
A/ Some states are expected to go ahead and implement it (sub-categorisation). They will do it looking at state-specific conditions. Some will do it based on political considerations because while the framers of the Constitution had social justice in mind while providing for reservation, in the current scenario, reservations are decided on completely different considerations. It has become political. This is not right.
Q/ A committee headed by the cabinet secretary was set up some months ago to study the issue of sub-categorisation. Was the Commission consulted by the panel?
A/ No, we were not approached by the committee.
Q/ The Supreme Court’s own view on the matter earlier had been that there could not be sub-classification of scheduled castes.
A/ Sometimes, the decisions of the Supreme Court do evoke surprise. This (sub-classification) is not in the interest of the community and it does not adhere to the basic sentiment of the Constitution. This was not the viewpoint of Baba Saheb Ambedkar or other leaders of that time.
Q/ Can some legal safeguard be brought by the government on this issue?
A/ I am not aware of what the government is thinking on the issue. However, the prime minister has given an assurance to the MPs belonging to the scheduled castes and scheduled tribes who went to meet him that the government is not in favour of implementing creamy layer for these communities.
Q/ Are you concerned that sub-classification, if implemented by the states, could also be decided based on political considerations?
A/ Yes, of course, that concern is there. The motive of the states that have said yes, such as Telangana or Karnataka, is political and not helping the most backward castes.
