By OP Sudrania
Caste or Class Systems versus India in Global Perspective – CHAPTER THREE
Backward Classes
The Central Government of India classifies some of its citizens based on their social and economic condition as Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backward Class (OBC). The OBC list presented by the commission is dynamic (castes and communities can be added or removed) and will change from time to time depending on social, educational and economic factors. For example, the OBCs are entitled to 27% reservations in public sector employment and higher education. In the constitution, OBCs are described as “socially and educationally backward classes”, and government is enjoined to ensure their social and educational development.
Until 1985, the affairs of Backward Classes were looked after by the Backward Classes Cell (BCC) in the Ministry of Home Affairs. With the creation of a separate Ministry of Welfare in 1985 (renamed as Ministry of Social Justice and Empowerment on 25 May 1998) the matters relating to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBCs) and Minorities were transferred to the new Ministry.
The Backward Classes Division in the ministry looks after the policy, planning and implementation of programmes relating to social and economic empowerment of OBCs. It also looks after matters relating to two institutions set up for the welfare of OBCs: National Backward Classes Finance and Development Corporation (NBCFDC) and the National Commission for Backward Classes (NCBC).
OBC Definition:
What is Other Backward Class: The peoples economically & socially backward other than SC, ST and FC are an Other Backward Class (OBC).
Who are the Other Backward Class: The peoples who belong to Backward Class (BC), Most Backward Class (MBC) and Denotified Community (DCN) category in the respective Indian states government’s criteria are grouped & called as Other Backward Class (OBC).
Overview:
Backward class people is a collective term, used by the Government of India, for castes which are economically and socially disadvantaged. They typically include the Other Backward Classes (OBCs). According to “The Times of India” on 31 August 2010, even after 17 years, at most 7% of seatshave been filled by OBCs, regardless of their 27% reservation. This difference between proportion of different communities in higher educational institutions is mainly because of difference in primary school enrolment. Political parties inIndia have attempted to use these communities as vote banks.
Obligation of the government:
Under Article 340 of the Indian Constitution, it is obligatory for the government to promote the welfare of the Other Backward Classes (OBC). Article 340(1) states, ” The president may by order appoint a commission, consisting of such persons as he thinks, fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties and as to improve ‘their condition and as to the grants that should be made, and the order appointing such commission shall define the procedure to be followed by the commission.”
Article 340(2) states, “A commission so appointed shall investigate the matters referred to them and present to the president a report setting out the facts as found by them and making such recommendations as they think proper.”
Constitution of India and rights of Equality:
In perusing the Indian Constitutional provisions regarding the discrimination on the grounds of religion, race, caste, sex or place of birth, the following Articles make it absolutely clear against any such discrimination. The framer of the Constitution, Dr. B. R. Ambedkar was himself one of the disaffected persons. It is unfortunate that this malady of caste bias has taken deeper roots than eliminating it. Today any quotas, reservations, privileges, advantages in the name of caste, religion, minorities, grants, subsidies, educational institution admissions, job preferences, scholarships etc have all become a method of exploitation and pride than an opportunity for a deserving and needy to help. It is unfortunate that all these Constitutional instruments have been allowed to rot in the theory of the intelligent exercise of their wisdom than putting it to sincere practice to uplift the deserving masses. I reproduce hereunder the related articles as ready reckoner for everyone.
Right to Equality
14. Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within theterritory ofIndia.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.
16. Equality of opportunity in matters of public employment.—(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
17. Abolition of Untouchability.—“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.
18. Abolition of titles.—(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.
Madhu Gohil says
In a country where it has a constitution that STATES in very plain words –
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14. Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within theterritory ofIndia.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
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the country shows that it contradicts itself in matters of EAQUALITY…… THE FIRST LINE SAYS THERE WILL BE NO DISCRIMINATION ON ANY BASIS AND THEN GOES ON TO SAY IT CAN MAKE SPECIAL PROVISIONS FOR A CERTAIN GROUP OF PEOPLE….
THAT IS DISCRIMINATION AND NOTHING ELSE AND THEREFORE INDIA IS NOT A DEMOCRACY…… EVERY MAN SHOULD BE TREATED AS EQUAL….
Dr. O. P. Sudrania says
Madhu, you are right and I point out two more facts. One that the architect of Indian Constitution himself is said to belong to the untouchable caste. Secondly it is said that our Democracy is based on the British Mestminster module style. But the British system of Democracy is not a true democracy either. They have the Monarchy as their head of the state. Hence it is a flawed democracy ab initio. It can happen in a state like India only where everything is imposed by the “High Command”. This same culture perpetuates in the political arena of the party whip. It does not occur elsewhere.
Paul Ponniah says
I state the division in society cannot be eliminated for the social and educational and economic diversity of the people of India cannot be united, unless everyone has the basic right as spelled out in the constitution is applied with bias. For which political parties should not use then as spring boards to form a government. Their is no honesty in it, for the true nature of every Indian is defused beyond reform.
Dr. O. P. Sudrania says
@ Paul Ponniah
“Their (sic) is no honesty in it, for the true nature of every Indian is defused beyond reform.” Please specify where this honesty is on sale? No society is exception to this ubiquitous human character. I could recollect Lord Macauley, who quoting Lord Baron, had said, “Three fourths of world’s problems are due to the greed (I add dishonesty and impetuouness) of one fourth of the people…” In fact, looking back, his figure of ‘one fourth people’ may be actually exaggeration, they are far less than that.
In fact, if we could reform Americans, who pretend to be a global policeman, most of global problems can be made easier, if not fully eliminated. Is America practicing fully its “First Amendment” in her constitution? Why is there only a discussion of “Church and State” only? America must be the most ill informed state, where its Lawmaker on the corridors of ‘White House’ could ask, “Are you a Hindu sunni or Hindu Shia”? Yet India must be blamed for all its (inflicted) wounds…
I don’t know, “Which country or religion, you may belong to, which colours or makes us colour blind, the essence of your ‘I state’ could have been better judged. Irrespectively, I have taken a lot of time, energy and resources to ‘state’ my eleven chapter series, only if you would care to read carefully, in stead of making a casual self incriminating ‘I state’…. Thank you for visiting this site and your whatever interest…
Paul Ponniah says
Thank you for the correction and providing the info about the status of India Constitution and it application for the development of the society to develop under the provisions. I too am a suffer and I have observed the suffering of the poor, who need comfort and education for better management of their affairs.
For example consider the cost of milk that the rural people get, was increased by Re.1/ and the people where happy. Then the feed cost also increased, therefore the benefit given was lost. The marketing of milk to the consumer has also increased to Rs.28/ per litre. Note benefits not the farmer, who sweats in the sun nor the consumer. What do you think? Is this fair, there are many things so, so. Hope changes will soon be for the better poor Indians. The rich become richer, while the poor?
Dr. O. P. Sudrania says
Respected Paul Ponniahji,
I copypaste your part of comment: “I too am a suffer and I have observed the suffering of the poor, who need comfort and education for better management of their affairs.”
Your intentions are apparently pious and your quote for price of milk and your lament for personal ‘suffer’ and sympathy for ‘poor….’ is understandable because these are the perceptible instruments for predatory proselytisation of the gullible so called “poor, untouchables, etc…”. Instead of lamenting and shedding false crocodile tears and one should engage in genuine and true “Seva” work devoid of any hidden gains for foot soldiers. Only then will it be accepted by Lord Jesus as a service to man is the service to God. Thanks for your poor sympathy and I sympathise for your ‘suffer’ too. Pray Jesus for liberation of your ‘suffer’…
kumar says
can person from MBC change his caste to BC?