Haryana has become the first Indian state to implement a panel recommendation to divide the Scheduled Caste (SC) community into two distinct subgroups and apply sub-quotas, a decision heralded by Chief Minister Nayab Singh Saini on October 18. This historic action follows the Supreme Court’s landmark verdict allowing for the subclassification of Dalit reservations. The announcement marks a momentous shift in the state’s approach to affirmative action policies and sets a precedent for other regions to follow.
The decision to subclassify
Ahead of the assembly elections, the Haryana Scheduled Castes (SC) Commission made a key recommendation in August to divide the Dalit communities into two broad categories: Deprived Scheduled Castes (DSC) and Other Scheduled Castes (OSC). The DSC group, comprising 36 castes, includes marginalised communities such as Balmikis, Dhanaks, Mazhabi Sikhs, and Khatiks. In contrast, the OSC category includes castes like Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi, and Jatav, who historically have enjoyed better socio-economic representation.
Saini announced that the state cabinet had approved the proposal for subclassification during its first meeting post-elections. “The council of ministers today decided to implement subclassification of scheduled castes into two categories as per the decision of the Supreme Court. The subclassification will be applicable from today,” Saini stated during a press briefing. This decision ensures that 50 per cent of the 20 per cent SC quota in government jobs will be reserved for each category (DSC and OSC). An official notification formalising the implementation will soon be issued by the state’s Chief Secretary.
This decision is a continuation of the Haryana government’s efforts to improve affirmative action policies for the most marginalised. In 2020, the state had enacted the Haryana Scheduled Castes (Reservation in Admission in Educational Institutions) Act, setting aside 50 per cent of the 20 per cent SC quota in higher education institutions for the newly defined deprived Scheduled Castes.
Political impact
The political implications of this decision have been profound. During the recent assembly elections, the BJP’s push for subclassification helped secure a significant portion of the SC vote, leading the party to a historic third consecutive term in power. The BJP won eight out of the 17 seats reserved for SCs, an improvement from five seats in the 2019 elections. The decision to subclassify the SCs is seen as a deliberate strategy by the BJP, aimed at neutralising the caste census pitch promoted by opposition parties.
Saini’s announcement mirrors a similar initiative in Maharashtra, where a panel was set up to examine the subclassification of SCs just hours before elections were declared. This trend indicates that dividing the SC quota could become a key part of the BJP’s political strategy across states.
Haryana SC Commission’s recommendations
The Haryana SC Commission, led by former BJP lawmaker Ravinder Baliyala, had been tasked in August with examining the representation of Dalit communities in government employment. The commission concluded that the DSCs were significantly underrepresented in government jobs. Their report indicated that 50 per cent of the 20 per cent reserved vacancies for SCs should be earmarked for DSCs, but provisions were made for vacancies to be filled by OSCs if no suitable candidates from the DSC category were available, and vice versa.
The commission’s report provided an in-depth analysis of employment trends across various job categories in Haryana’s public sector. It found that within the reserved SC positions, there was stark underrepresentation of DSCs in Group A, B, and C jobs, with DSCs holding just 31.57 per cent, 27.31 per cent, and 36.14 per cent of these positions respectively. In contrast, OSCs held a disproportionate share of these jobs. However, DSCs occupied 56.90 per cent of Group D jobs, which are typically associated with sanitation work—jobs that have been historically ascribed to certain Dalit castes like the Balmikis.
“This stark contrast is further amplified when compared to other scheduled castes, who enjoy proportional representation in these job categories,” noted the commission. The commission attributed this disparity to the socio-political and economic backgrounds of DSCs and their lower educational attainment.
Supreme Court’s landmark verdict
Haryana’s decision comes in the wake of a pivotal Supreme Court judgment delivered on August 1, which affirmed that state governments have the authority to subclassify SC and ST communities for targeted reservations. The judgment was passed by a seven-judge Constitution bench, with a 6-1 majority overruling the court’s earlier decision in the 2004 EV Chinnaiah case, which had deemed subclassification impermissible. The majority ruling acknowledged the diversity within SC/ST communities and allowed states to create subgroups for more equitable distribution of affirmative action benefits.
Chief Justice DY Chandrachud, writing for the majority, emphasised that states could subclassify SC/ST groups based on inadequate representation in public services. “However, it must establish that the inadequacy of representation of a caste/group is because of its backwardness. The state must collect data on the inadequacy of representation in the services of the state because it is used as an indicator of backwardness,” the judgment stated.
The decision opened the door for Haryana to collect empirical data and provide targeted benefits to the most disadvantaged subgroups within the SC category, further promoting equity and social justice.
While the decision has been lauded in certain political circles, it has also faced criticism from opposition parties. Congress MLA Geeta Bhukkal accused the BJP government of attempting to divide the Scheduled Castes for political gain. “The BJP government has taken this decision to score brownie points. They have not studied this matter seriously,” Bhukkal remarked.
However, Praveen Attrey, media secretary to Chief Minister Saini, defended the government’s decision, pointing out that the state had merely implemented the Supreme Court’s order. “The aim of the government is to provide reservation in government jobs to the most deprived among the Scheduled Castes. Haryana has only done a subclassification of the Scheduled Caste quota. The quantum of SC reservation has not been reduced,” Attrey clarified.
The Haryana government’s decision to implement the subclassification of SCs marks a significant step toward addressing the longstanding underrepresentation of certain Dalit communities in public employment. The state aims to create a more equitable distribution of affirmative action benefits by targeting reservations to the most disadvantaged subgroups.
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