August 21 Bharat Bandh: Nation Debates Reservation and Social Justice Policies

 

On August 21, a 'Bharat Bandh' has been declared across the country marking complex issues that India is facing over reservation policies. The bandh has also prompted discussions on a wide range of thoughts and demands relating to the latest developments in these policies from various groups as well as concerned citizens.

 

The bandh has been called against the backdrop of regular debates over 'Creamy Layer' and sub-categorization in reserved categories. Firstly, it is imperative to highlight that the SC has not directed the making of Creamy Layer.

 

Instead, the review petitions were heard by seven judges special bench (led by Chief Justice Chandrachud) some of whom wrote separate concurring notes but no part of this opinion could be said to be an official declaration.

 

A family of OBC earning 8 lakh rupees annually for three years is called the 'Creamy Layer', due to which, they can not get benefits on behalf of reservation. Among those exempted from this are the children of high-ranking government officials, including IAS and RAS officers.

 

The government has finally decided not to apply the “creamy layer” — even if it had been a matter of discussion and opinion within the Supreme Court. Instead, the government has harped on the sub-categorization issue among reserved groups as per a Supreme Court order that gives states the benefit of creating their own intra-reserved categories. The propriety behind this move is to provide representation of otherwise under-represented sections within the larger category — such as Scheduled Castes (SC) in reservation benefits.

 

The sub-categorization debate dates back to 1975 when the Congress government of Giani Jail Singh in Punjab reserved half of SC category seats for communities like Mazhabi Sikhs and Valmikis. This system persisted till 2006 when the Punjab and Haryana High Court asserted in a judgement that it was time for change which immediately made other states to follow suit. The issue was later heard by the Supreme Court, which in 2024 held that states are empowered to categories and subcategories reservations if there is empirical material worth of data.

 

The BJP government in Haryana has already moved to sub-categorise. The state cabinet, however, proposed distributing 50 per cent (half) reservation for the SC among 16 marginalised communities of SC.

 

But now the Haryana government wants to bring an ordinance but because of Model Code Of Conduct due to escalation which is awaited from Election Commission. The survey conducted by the Haryana State Scheduled Caste Commission had brought out that there was a need to put such measures in place for proper and equitable distribution of reservation benefits, it said.

 

The reservation is for the members of a specific caste in proportion to their percentage of the local population. For example, among the 16% SC reservation—to which Nayak-Mochi-Valmiki-Dhobi-Balai-Chandal-Nat Trebinger-Sarathi, etc. could be provided with a share of—4%. The methodology is based on local-level studies of the distribution and economic conditions in different communities.

 

There is an apprehension, though, that the sub-quota provisions can be misused by state governments for political mileage, and they may play with these categories even in the absence of adequate data. This is not the first time that such cases have seen direct intervention of the Supreme Court, stopping earlier instances in Karnataka as the state decided for the OBC sub-category without any supportive records.

 

The 'Bharat Bandh' on 21st August is not just a protest against the Creamy Layer, but it has to set this broader backdrop of reservation policies and social justice in our nation. Additionally, the rural and marginalised SC-ST communities have fought for representation in this part of India since independence under the traditional elite political system and feel totally excluded from taking a call regarding bandh. They say their quota has to be according to the population and that they were not consulted before it announced a strike.