OBC Groups to SC List - U.P Government Move

Why in news?

The BJP government in U.P. is making a move to include 17 OBC groups among Scheduled Castes.

What is the proposal?

• The UP Social Welfare Department recently sent a letter to all divisional commissioners and district magistrates.
• It refers to an order of the Allahabad High Court (dated March 29, 2017).
• It directs district authorities to issue caste certificates as per that order after scrutiny of documents.
• The court order was in regards with 17 OBC castes — Kahaar, Kashyap, Kevat, Mallah, Nishad, Kumhar, Prajapati, Dhivar, Bind, Bhar, Rajbhar, Dhimar, Batham, Turha, Godia, Maajhi and Machhua.

What were the earlier attempts?

• The Samajwadi Party (SP) regimes of Mulayam Singh Yadav (2003-07) and Akhilesh Yadav (2012-17) had initiated the attempt before.
• [When these 17 groups are out of the OBC list, it opens up more opportunities for the SP’s core vote base within the 27% OBC quota.
• This refers to the Yadavs who comprise around 10% of the state population.
• While this can upset SCs, they are not seen as traditional SP voters.]
• The Allahabad High Court quashed the Mulayam government’s amendment to the Uttar Pradesh Public Services Act, 1994 in 2005.
• It termed the amendment unconstitutional, since only Parliament has the power to make such an inclusion.
• Mulayam had also directed district authorities to issue SC certificates to these 17 OBC castes, after the move was cleared by the state cabinet.
• The Centre, however, did not clear his proposal.
• In 2013, the Akhilesh cabinet cleared the same proposal, but the Centre once again rejected it.
• Further attempts made also did not give any substantial results.

What is the present government’s rationale?

• The noted 17 castes make up around 15% of the state’s population.
• A caste in the SC list gets more government benefits than one in the OBC list.
• Also, since the OBC population is large, there is close competition among OBC groups for reservation benefits.
• If these 17 castes are moved to the SC list, they will face less competition because the SC population is smaller in U.P.
• The latest move comes with the risk of turning the SC voters away from the ruling BJP and towards the BSP.
• However, the BJP can hope to make gains within the 17 newly notified SC groups as it banks on non-Yadav OBC votes.
• [These 17 castes are socially most backward, and many survive on small occupations in rural areas.
• E.g. Nishads earn from fishing, Kumhars earn from making earthen pots]

What is the distinction between an OBC and an SC?

• The criteria for recognising specific castes as SC and OBC are distinct.
• Extreme social, educational and economic backwardness are common qualifications for both groups.
• However, in particular, SCs draw such backwardness from untouchability.
• For OBCs, apart from social, educational and economic backwardness, lack of adequate representation in government posts and services is a criterion.
• The positive rights guaranteed under the Constitution to SCs are to correct the historical wrongs of untouchability.
• So, there is now a concern that addition of other castes in the group would dilute this guarantee.

How is a caste listed as a Scheduled Caste?

• Between 1950 and 1978, 6 Presidential Orders were issued recognising specific caste groups as SCs.
• The name ‘Scheduled Caste’ derives from the fact that this is annexed as a Schedule to the Constitution.
• Article 341(1) of the Constitution prescribes the procedure for recognising castes as “Scheduled Castes”.
• To make additions or deletions to the Schedule by amending the concerned Presidential Order, state governments should first propose to modify the Schedule.
• Only proposals agreed by both the Registrar General of India and the National Commission for Scheduled Castes are introduced as a Bill in the Parliament.
• This procedure was adopted by the Ministry of Social Justice and Empowerment in 1999 and was amended in 2002.
• [A similar provision exists for Scheduled Tribes under Article 342.]

Source: Indian Express