Editorial

TO DO OR NOT TO DO

Sentinel Digital Desk

THE POLITICS OF CASTE CENSUS

Udayan Hazarika

(The writer can be reached at udayanhazarika@hotmail.com)

Conducting a caste census has become a Pandora's Box for the government. Despite tremendous demands from the various sections of the population and also caste, populace to conduct caste census side by side the general census operations of 2021, the government appears to be unwilling to make a firm decision about it. There was a time when the government appeared to be convinced about the necessity of holding the caste census. This is apparent from the announcement made by the Union Home Minister Rajnath Singh on the 31st of August 2018 that the caste census will be taken along with the census operation of 2021. But the strength of his declaration is gradually fading away with time, not because census 2021 could not be taken in time due to the pandemic situation but because all fronts connected with the conduct of census operation denied having any such decision or order.

And now the Union Minister of State for Home Affairs Shri Nityanand Rai, himself came out with the declaration in the Lok Sabha last week that: "The Government of India has decided as a matter of policy not to enumerate caste-wise population other than SCs and STs in Census." Before this also on March 10 last, the Minister categorically stated in the Rajya Sabha that "The Union of India after Independence, decided as a matter of policy not to enumerate caste-wise population other than SCs and STs." However, the Census of India should come out to publish if any such blanket decision exists which is not so far known to the public. It is known that in 1951, during the first Census of India after independence, the then Minister of Home Affairs had decided not to conduct any caste census. But that decision was for 1951 only.

The last census that enumerated the caste population in India was the 1931 census. But the caste-wise data available in the 1931 registers cannot be said to be exhaustive mainly because a clear scientific definition of caste was not developed till that time. The enumerated data were compiled under the Chapter "Caste Tribe and Race" of the Vol-I of the Report part-I. Only a few castes were included in the list. For Assam, Brahman was the first caste recorded followed by Dhobi, Kayastha, Kurmi, Mali, Namasudra, Napit (Nai), Rabha, Teli and Tili, Anglo Indian and European. Of the above list, Brahmana and Kayasthas are not accepted as backward castes. Similarly, Rabhas are included in the Scheduled Tribe list. Now except Kurmi, Napit and Teli of the above list, all others are declared as scheduled castes. The said Census also recorded a category called depressed caste or exterior caste in Appendix. For Assam, the recorded castes are Bhangi, Namsudra, Jalia Kaibartta, Tea Garden coolie castes. In Surma valley, Bhuimali, Dhoba, Dugla, Jhalo and Malo, Jugi, Mahara, Muchi, Patni, and Sutradhar were on the list. In Brahmaputra valley, only two castes were recorded and they are Brittal Bania and Hira. The total population was recorded as 18,30,430.

Hutton – the then Census Commissioner writes that while he was supposed to record the depressed castes - a term which is used in India in connection with castes who are unapproachable, whose touch necessitates immediate purification and who are not allowed to read in the - schools along with other boys he could not find any such cases in Assam. He happily recorded in the account: "There is I am glad to say, no such degree of depression in Assam; an unapproachable caste is unknown here and boys of all cadres are freely admitted into all schools and colleges. Nor are there any difficulties worth mentioning as regards the drawing of water by all castes from public 'tanks' and wells". From the 1931 census itself, we get the data about a few of the castes for 1911 and 1921. In the 1941 census, caste populations were enumerated but the data were not published. The Census Commissioner found the tables are too costly to be published. In 1951, Sardar Ballavbhai Patel Union Minister of Home Affairs had decided not to go for the caste census. Since then till the last census (2011) no caste census took place.

The famous Mandal Commission was set up in 1979 by the Morarji Desai government which was chaired by BP Mandal, a former Chief Minister of Bihar. The Commission was entrusted to identify the socially or educationally backward classes of India and to consider reservations as a means to address caste inequality and discrimination. The commission submitted its report on 31st December 1980 recommending inter alia 27 per cent reservation for jobs under central government for the members of OBCs. The recommendations of the report however were not implemented till 1990, the year in which the VP Singh led government had decided to implement the recommendations and accordingly announced in the Parliament. Immediately after the announcement, the Government issued an Office Memorandum declaring 27 per cent reservation of jobs for the people belonging to OBCs. However, this was challenged in Court by a senior advocate Indra Sawhney.

A nine-judge Constitution Bench had taken up the case of Indra Sawhney Vs Union of India. The judgement of the case was pronounced on 16th November 1992 which elaborately explains the Constitutional provisions inherent under Articles 14, 15 and 16. It opened up a new vista in the matter of reservation of jobs for backward classes of people in India. Of the several critical aspects, which is covered in the judgement, one important was the fixation of the ceiling limit for reservation. It was necessary at that time to make spaces for reservation for the people belonging to other backward classes (OBCs) and more other backward classes (MOBCs / Special OBCs). Till that time the proportion of reservation for SC and STs was carried out in tune with the proportion of the population of SC and STs in the State concerned. It was easy to get the population data about SC and ST from the census registrars. But as no scientific enumeration of the caste-based population has so far been done by the Register General of Census Operations, no accurate basis for fixation of the proportion of reservation for OBCs in government jobs etc could be laid down.

Mandal Commission recorded 3743 nos of castes comprising 52 per cent of India's population and the Supreme Court subsequently ordered that the Government move to reserve 27 per cent reservation in government for OBC is in order but it should be in exclusion of the creamy layer i.e. socially advanced section among them. The court also directed to evolve criteria to identify the creamy layer. But Mandal Commission has not shown how the Commission arrived at the figure of 52 per cent of OBC. The figure is debatable. The NSS on basis of their sample study from time to time gives the proportion of OBCs in the total population of India. The National Sample Survey 55th round (1999-2000) estimated the OBC population at 35.8 per cent of the total population. Five years later the NSS 61st round (2004-2005) estimated the OBC population at 41 per cent also justified that a 5 per cent increment in five years is possible. If this one percentage point rise in a year continues, by now the proportion of OBCs should reach 56 per cent.

Successive Governments have come and go but the crucial problem of caste census has remained unresolved. It has always been given a back seat riding by various governments. Last time, the UPA Government in June 2011 conducted socio-economic caste censuses (SECC) of which the economic part has been published (2016) but the caste part has not yet been published. Reportedly, The Ministry of Social Justice and Empowerment has constituted an expert group under NITI Aaayog for processing the raw data. But so far no results are available on this. The population data on castes when available- either publicly or confidentially, would help Assam immensely in solving a long pending demand of tribalization of six communities.