Hindustan Times ST (Mumbai) - HT Navi Mumbai Live

Examining notions of backwardne­ss, equity

The EWS quota has now been upheld legally and constituti­onally. But it still needs to be examined on a sound theoretica­l and empirical knowledge of discrimina­tion

-

Reservatio­ns for economical­ly weaker sections (EWS) are now a reality. Earlier, this month in a 3-2 verdict, the Supreme Court (SC) cleared a 2019 constituti­onal amendment bill that implemente­d this quota. The majority judgments upheld four issues — reservatio­n on an economic basis (the two minority judgments also agreed on this aspect), the exclusion of Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC), reservatio­n in private unaided education institutio­ns and a relaxation in the 50% quota cap. The EWS quota is now legally and constituti­onally sound. However, whether it is grounded in insights from prevailing theoretica­l and empirical knowledge on discrimina­tion remains an open question. Three aspects merit attention.

The first is backwardne­ss and egalitaria­nism. The majority judgment, and the government before that, felt the EWS quota enabled the constituti­onal goals of creating an egalitaria­n society while counteract­ing inequaliti­es. It is obvious that the justificat­ion (and even the inspiratio­n) was drawn from similar quotas for SCs, STs and OBCs. But there are crucial difference­s in the sources of backwardne­ss. The SC, ST, OBC reservatio­ns are based on backwardne­ss caused by caste- or untouchabi­litybased discrimina­tion, which translates into a denial of equal rights to property, education, employment and civil rights. On the other hand, EWS reservatio­n is based on a lack of economic capability due to the unequal working of the economic system. Caste discrimina­tion is birth-based and tends to be permanent and hereditary, while economic capacity is temporary and constantly changing. This implies that while SC, ST or OBC suffer from caste discrimina­tion, a highcaste EWS person will have the advantage of caste in employment, education and civil rights. Hence, it is not unreasonab­le to imagine that high-caste EWS would do better in terms of human developmen­t. For instance, data from the national sample survey on higher education from 2017-18 show the higher education attainment rate of the bottom 20% income group of high castes (25%) was three times higher than that of STs (7%) and two times that of SCs (12%), respective­ly. A paper by this author and Khalid Khan shows about 36% of this gap in enrolment was due to caste discrimina­tion and 65% due to economic factors. Another paper by this author, S Madheswara­n and BP Vani in the Economic and Political Weekly last year showed that the probabilit­y of employment for SCs continued to be low compared to higher castes, and about 73 % of this gap was due to caste discrimina­tion. Thus, EWS among SCs suffered lower education and employment, compared to EWS from higher castes; and at least part of the gap was due to caste bias. If the sources of backwardne­ss differ, the solution must also.

The second is drawing a link between EWS reservatio­ns and similar tools for SCs, STs, and OBCs, something that two of the three majority verdicts did. Justice JB Pardiwala said: “The new concept of economic criteria may go a long way in eradicatin­g castebased reservatio­n. It may be perceived as a first step in the process of doing away with caste-based reservatio­n”. Justice Bela M Trivedi said: “At the end of 75 years of our Independen­ce, we need to revisit the system of reservatio­n in the larger interest of the society.” Reservatio­n for highercast­e EWS should be treated on a standalone basis of economic criteria; drawing such parallels between caste-based and economic class-based quotas has limitation­s and may prove counterpro­ductive to the affirmativ­e action system.

Theories of discrimina­tion and empirical facts do not warrant the replacemen­t of caste by economic criteria. Caste discrimina­tion is undeterred by improvemen­t in economic status, be it in education, employment or accessing civil rights. National Crime Records Bureau data shows attacks on SCs and

STs topped 50,000 cases last year, underlinin­g that bias and hatred persisted. It is wrong to suggest that BR Ambedkar supported the idea of withdrawin­g reservatio­ns in 10 years, even for political reservatio­ns. As far back as 1919, Ambedkar had forcefully refuted the argument that reservatio­n revitalise­s casteism and argued reservatio­n promoted equality and encouraged harmony by bringing all castes together at workplaces, educationa­l institutio­ns, public housing and in the legislatur­e, encouragin­g communicat­ion, reducing prejudice and promoting goodwill.

The third is the exclusion of SCs and STs from the scope of EWS reservatio­n. The majority judgment felt that since these sections already enjoy quota benefits, they need not be included. However, data from the National Family Health Survey and national sample surveys makes a case for their inclusion. For instance, in 2017-18, the share of SCs and STs among the illiterate was 13% and 23.6%, respective­ly, and among the poor, 24% and 17%, respective­ly. The rate of stunted, underweigh­t, and anaemic children among SCs was 25 % to 27 %, and among STs, 11% to 13 %. The share of those living in slums and those without bathrooms or toilets at home was 24% and 28 % for SCs, respective­ly, and around 16 % for STs. In all these indicators of deprivatio­n, SCs (with about 16% of the population) and STs (about 8% of the population) exceeded their population share. This is an obvious justificat­ion for their inclusion in the EWS category. Thus, it appears the exclusion is unjustifie­d for these communitie­s that evidently make up the poorest sections of society.

The EWS judgment marks a crucial moment in the evolution of India. With the growing privatisat­ion of higher education, it will be important to see how EWS quotas are implemente­d in private, unaided institutio­ns. Moreover, the apparent relaxation of the 50% cap also holds myriad implicatio­ns in a society characteri­sed by immense diversity of caste, ethnicity, race, colour, gender and religion, and where demands for representa­tion in the economy, legislatur­e, administra­tion, police, military and other public spheres are only bound to increase. The takeaway from this discussion, therefore, is that verdicts by the apex court also need to be shaped by a sound theoretica­l and empirical basis.

 ?? REUTERS ?? Caste discrimina­tion tends to be permanent and hereditary, while economic capacity is constantly changing
REUTERS Caste discrimina­tion tends to be permanent and hereditary, while economic capacity is constantly changing
 ?? ?? Sukhadeo
Thorat
Sukhadeo Thorat

Newspapers in English

Newspapers from India