The Caste System As We Know, Is Both Hinduism And

"The caste system as we know, is It must go if both Hinduism and India are lo Jive day to day." -Mahatma Gandhi.

"In th~ context of soc1ety to·day the caste system and much that goes with it are wholly incompatiblr, reactionary, JCstrictive, and barriers to progress. There can be no equahty 1n status and opportunity within its framework, nor can thc1e be political democracy, and much less economic democrncy. Between these two conceptions conflict is inherent and only one of them can survive."

-Pandit Shrl Jawaharlal Nehru.

"The caste system is the main hindrauce in the way of achieving our goal of establishing casteless and eg'llitarian society. Identifieati

The object of Articles 15(4) and 16(4) is to achieve 3 2 '. equality by removing inequality. The problem of determining who are socially and 7 3 educationally backward· is very co'mplex. • 1 , I Chapter-II The Casto .ey.stc;m ill' 'India... - 4 •· Caste . system, the main. oa.w;o... of• thei deplorablw "• 1 4 cond,ti~ns of .our mass\ls. . . ", 1 The meaning of the word 'caste'. . , , ' 3 4 1 • Caste system in its present form W3s' not in existence 5 s in ancient Indi't. ... " ' ' ' .. ' .. Histor!rl .of ..ancillllt. ,J~ diride& itself into $CVilral· 6 s disti~J ,poriiJdS,JOIJ ePilChll., • ' ' · . ·

Soc~. life arulabsen001 eti casto.tsystem in the.v.edia., 11 6 period. ,, !\' • ) I J I I Caste system in the epic period. 14 7 .'. Distinctfotr !rltwee~ (he ancient caste' ·system 1 and ' l'S ' ' .Js:, that ' lit' the' •present· I age. • 1 1 I I I Caste &ystem in ~ubsequent 'periods. - 17 ... Extent of deterioration of the caste system. in thO' ' 20 modem age.

Chapter-m Pernicious effects of the caste system: •• 11 . -. - Lol of Scheduled CasteS and Sc4ed~e,li Trib~s is 11 16 •I ' ' mi~~Crablo.

Chapter-IV Relevant criteria, tests and factors for determining 18 who are socially and educationally backward classes '' [ vi l CONTENTS Paragraph Pag• No. in the hght of the dectstons of the Supreme Court. The backwardness must be both social and educational. 18 It need not be exactly stmtlar to that of Scheduled Castes and Scheduled Tnbes . .. .. ,. ,, Caste, poverty and backwardness. ' .. 2 18 Other factors relevant for dctermmmg backwardness. 3 19 Tests for determining educational backwardness. 4 19 Social backwardness can be determtned wtthout 5 20 reference to caste. Caste is also a class of citizens. .. 7 21 Tests for determining educational backwardness. 8 21 Observations in the case of Balaji explained.

Poverty not to be the exclusive test. ... 9 21 A class can be identified on the basts of tnidttional ' 10 22 occupations. Low~r inco~e groups alone are backward. . , ... , 11 22

Chapter-V Relevant critena, tests and factors for determining 24 who are socially and educationally backward in the light of the decistons of the Supreme Court ·(Contd.) Criterion of caste in relation to non-Hindus. .. 1 24 Relevant criteria, tests and factors enumerated. 9 26

Chapter-VI The lirst and the second backward classes commis 29 sions appointed by the President of India and Commissions appointed by the States.

Chapter-VII .. Methodology. .. 31,

I I j t Questionnaire No. 1 .. 3 31 Questionnaire No. 2 .. 4 32 Questionnaire No. 3 .. 5 32' Questtonnaire No. 4 .. 6 32 Questionnaire Nos. S, 6, 7 7 33 Extcnstve tour programme 10 34 Chapter-Vlll . • Factors contnbuling to social and educational 3S backwardness. tONTENfS ;[ vii l Paragraph Pages No. CMpter..:...lX • • Tests for deternuning educational backwardness of 37 the classes of citizens. Ratio of the relevant decisions of the Supreme 37 Court.

Tests adopted by other Commissions--Andhra 4 38 Pradah. Jammu and Kashmir 5 38 '· Kamataka Commission 6 38 Bakshi Commission-Gujarat, .. 7 31 Mandal· Commiss10n. 9 4d I No hard and fast rule to determine educational 10 40 backwardness.

Poverty, one of 'the main causes of educational H 40 backwardness, Tests applied by this Commission. 12 40 Chapter.... X • • Identification of socially and ' educationally ;,back- 42 ward classes without reference to castes is quite according to law. Relevant.. decisions of the Supreme Court. 1 42 Basis of classification by other Commissions. . . 4 43 • I ' '. Report of Jammu & KasWnit Committee considered s 44 by the Supreme Court. . 1 1 , The hill and Uttmkhand areas in Uttar Pradesh 8 beld socially and educationally backward.

Occupations :or citizens may contribute to soc1al 9 46 backwardness. . . •

Chipter-XI ! : Identification · of socially and educationally back 47 ward 'classes without reference to caste would facl. litate promotion of welfare and educational and economic interests of the weaker sections of the people and accelerate the process of establishing an esalit-soclety. Census-abolition of caste for the purpose of 1 47 enumeration. Enumeration of caste for specifying Socially and 2 47 educationally backward classes iS perpetuation of th~ ~vii~ of caste system. r viii 1 • CON.T·ENTS Paragraph Pages No. Connection between census Iepor!!>r prior to. the • 3 • '-(.4,7. year 1951 and desire for upward mobility. , . • ..

Method adopted by .castes for raising. status, .... ' 4 48 Process of Sanskritization. s 48 •. 1-." •.• - Westernization.. 7 49 ..,. Movement for urward mobility. ·. , . 8 so

... Back11ard Classes movement in Qujarat•: 1,, 9 50 Forces. that had started .... eakening ·.the rig:d:.caste" ·.. :. '' 10 so system. 0 .,[,I • • I :f.,, ' l!oOo!! I Evil of caste system still persists-instances. 11 51 ~· • r ! .

Co-operative schemes and caste solidarity. ·! ' "·'" •. 12 Sl ... Caste loyalties prominent in: .. political relations .. ··:'· 13 Sl Organized efforts for being considered soci~lfr arid.,. 14 52 educationally backward-cautious approac.h necessary while identifying such classes. ·.' ' Jdentifi~tion of socially._ 11nd .. educa~ionally pack· . IS 53 ward classes in terms of caste, wii,J,.perpetua~e the evils of caste system. · ' ..'· .. How some castes degraded themselves. 16 53 • ;:1: ' l 1- '' J'' •'' ', • ; I I '• Identification of socially and educationally back~ 17 '. 53 ~·~ ward. classes in terms of caste ilot' a ·possible -in the ' cases of non-Hindu communities,' ' ' ' Method · of d~temu~in{ sc:icial!y ·~d edueatio~y ·. ·; 18 ' ' • ' ' ' I ' • ' ' • ' t ~ ' 53 backward classes without niference to caste. beneficial ' ' ' to all sec:tions of people ·inespet;tive. · of.. the .ca,~~tes., . to which they belong. :·,:J· .... , ..

Opportunity· to promote•. the!" educational at1d1: · · ' 20. 1}.- .,:.5~, 1 : economic irtterests of.. w.eaker .• sections •. ,UrgellCY.oof;,, getting .. rid of the,easter:system. .. . , "", ... ,., .

', ' • 1'. I' , • ,• ' Inherept·defects in the sy.stel!l ~f:id~tifrillssocially, .. ,, 21 S4 and educationally backward classes in terms of caste.' . . . ' : . : ~ : Chapter-Xll .. . Only· the lower income groups in certain castes/ 56 communities{classes constitute socially and educa· tionally backward classes.

Only· lower income· groups are ~ocially and educa 1 56 tionally backward. 'CON'tENTS l ix 1 Paragraph Pages No. Benefits of reservation are snatched away by the 2 56 to,P creamy layers of the backward easte or class. Kerala Backward Classes Commission fixes income 4 S7 limit for identifying socially and educationally backward classes. Social or educational backwardness does not extst s 57 in the cases or well-to-do sections. Income limit fixed by this Commission. .. 6 57 Fixing of income limit cannot be challenged on 9 58 the ground that it is fluctuating. Meaning of the term 'family'.

Chapter-Xm . . Suggestions to modify the classification of sodally 59 and educationally backward classes made by the Bakshi Commission, in order to provide uniformity. Decision to Identify socially and educationally 59 backward cla!SeS without reference to Cllllte, insp1te of the fact that the Baksbi Commission has identJ... fied them in terms of caste. Sufficient justification to fix income limit proposed 2 59 by us also in reaard to socially and educationally backward ~":lasse.s Identified by the Bakshl CommissiOn. No useful purpose would be served by eontlnuing 4 60 to matntaio the list of socially and educationally ba.c:kward classe.s prepared by the Bakshi Commission.

Chapter-XIV Identification of socially and educationally back· .• •61 '• warcl• claaea. Terms of reference. Scope of term (i) explained. 61 Identification of socially and educationaUy back 3 61 ward classes in terms of occupation is both equita· ble and realistic. Criteria adopted by the Mandai Commission for 4 62 Identification or sociaUy and educationally backward classes among non-Hmdu communities is neithet logical nor just. Criterion ahauld be sucll as caa be uniformly applied to Hindu castes and non· Hindu communities. Feeling of high and low on caste basis disappearing. 6 63 Several sections of certain castes resent the label 8 63 of backwardness. (X] CONTENTS Paragraph Pages No. Trans1tion from a caste to a class. 9 63

The concept of social equality IS never fully practtced, 10 64 even in England and America. Position of manual \\orkers and other low ancome 12 65 groups in 1ndia. Observations m the S1xth Five Year Plan m regard 13 66 to manual \\Orkers. Progressive steps taken by the cr>twlulc State of 15 67 Bombay to get rad of classli'icatlon of backward classes on caste basis. Progressive steps have been eontmued in the State of 16 68 Gujarat. While making provisions for the educational and 17 68 economic advancement of socially and educationally backward classes of Citizens under Articles 15 (4) and 16 (4), the State is giving effect to the directive prmciples enshrined in Artacle 46 of the Constitution. Existing schemes for giving advantitious aids to weaker 19 69 sections. of the people in Gujarat. No difficulty wdl be felt in ascertaining and certi 20 69 fying citizens belonging to socially and education ally backward classes identified on occupational basts.

Chapter-XV • • Socially and Educationally Backward Classes specified. 70 Socially and educationally backward classes of 1 70 citizens.

Ove.!laP is intended to facilitate the process of identi 2 72 f'yin~ as to which citizens follow a particular occupation or belong to a particular category. Occupation which is considered inferior and low 3 72 income are the main causes of social and educational backwardness.

Group-A Agriculturol Labourers. 4 73 Small farmers, marginal fdrmers, and sharecroppers. 5 74 Cattle, goats and sheep rearing. 7 15

Occup<~tions referred to m Groups·B and C.

Rural Artisans. 8 CONTJ!.NTS ; [~ l L•11. Paragraph Pages No. 'Jajmani' or 'Avat' system is fast disappearing. 9 15 Unskilled blue-collar occupations involvmg manuar ' labour and self-employed own account workers.

Several occupations are treated as inferior and those· f 10 76 engaged in those occupations are found to be_ socially and educationally backward. One more reason for fixing uniform income limit of 12 76 Rs. 10,000 per annum.

Why small shopkeepers are not mcluded 1D the Ji&t. 13 77 No difficulty in identifying citizens belon~ng to sociilily 14 77 and educationally backward classes on the basis of the occupations mentioned m this Chapter. Only self-employed-own account workers engaged 17 78 in certain occupations are included in the category of socially and educationaUy backward classes of citizens. Clarifications to facilitate identification...... 18 79 Group-D Victims of adverse circumstances and· advetSity. 20 80 Physically handicapped persons. .. 21 80 Orphans. ' '' 80

Chapter-XVI , . Terms of reference-Term No. (II) •...J' 81 Term No. (ii) 1 81 '. ~ We do not identify afresh a particular caste or 2 81 sub·caste as socially and educationally backward. : Suggestion to seek redress under Government' oC '" 3 81 Gujarat, Labour, Social Welfare and Tribal Devt-; .. · 1opment Department, Circular No. BCR-1478-M·

3297-H,' dated 26·6·1978. · 1 ' • Suggestions to ensure uniform practice in the State. 4 81 Castes/sub-castes or communities whose cases have 5 82 been considered by the Commission in pursuance of term No. (ii). · Ajmeri Pinjara. S 82 Ahir, Sorathia Ahir, Panchali Ahir or Pancholi Ahir. 6 82 Bariya·Baria Kshatriya. 7 82 .. 10 83 · t :drj Paragraph Pages No. Brahmabhatti. 11 84

Chunara Waghari, Kamd1ya Jagad•ya Waghari~ Patni i, , 12 84 Wajhari. ' I Khr.isti/.Gujarati Charistian. .. 13 85 ,, 'I~ I . Mans uri. '• 14 85 ' Nhayi1 NhavifNaviJ Hajam. IS 86 .r • • Ahira ~ajamfAayara HdjamfMatk~. ,. 16 86 ' " Rajput Bhoj, Ra~ Bhoi. .. 17 86 '" ' ' . Suryavanshi Koli. ... '. 18 86 ., .... 'I I')' Tarbada Koli. '"'• I 19 86

, I , J 1 Chabter:M..XVII •• Reservation of seats/posts in educational institutions 88 and $CI'Vk.es uDder the State for socially' and educa· ' tionally backward classes in proportion to thei~ ,. '· population and Rlaxation: 1in the upper age limit 1 • for entry into the service. . ,, .. ' ) Terms of reference-Terms (iii) and (iv). 1 88 ' t I ' It is necessary to give adventitious aids to the 2 88 unde'rpriyileg~jd people 'in order' to'' give, them eqcial ,I opportunities with the more advanced people, , d• 1,o

Ecor&omic interests of a group-as also social justice . · .. 3 r 1 1 to it-are tied up wsth its place in the services under the State. · jl! ~der «> Jchieve the ~b)ect of ~rticle 38 of the '. 4 89 Constitution, benefit 'o( reservation ' o'f seals/posts .'' shoUld tie given to tocially md educationally back·. ,, want classes oTCitizens.. · " .~ .

. l ~I ,, • I ,. I' I • '., '' l i j Reservation of posts should be made at a¥ ~. s~ ~, S go Seats,lpot;tt shMld be l'll$ei'Wd £or socially ·and educa- 6 91 tionaUJI backward class in educational institutions and services under the State iiJ proportion 'to their popula- ' tion' in the same' D:wl.ner lh 'which they ate 'reserved for- Scheduled Castes and Scheduled Tribes. J • ' ". While giving the benefit of the above recommend~ti~ns ' 7 92 to SGCiall)' and cdueationall)' bal:klllard tlasses identified by the Bakshi Commission the income limit of Rs. 10,000 per year should be prescribed.

Recommendations of the Bakshi Commission. 0 • 8 92 CONtENTS ( xbi l Paragraph Pages No. Securing of certain percent of marks in the examination 9 93 not to be a condition precedent for reservation of seats. Relaxation in the upper age limit. Reserva· tion of posts at all stages in proportton to the population of socially and educationally backward classes. The Commission agrees wtth certain relevant reco· 10 93 mmendations.. of the Mandai ComlUlssion . Percantage of reservation of posts in favour of physi· 11 94 cally handicapped persons to be taken into constdera· tion, •• while fixing the percentage of reservation of posts in favour of socially and educationally back· ward .classes, Seats to be reserved for socially and educationally 12 95 backward classes in all the categories of educational institutions in the State. Position of Nomadic Tribes and Denotified Tribes in 13 9S regard to the reservation of seats and posts. Government of Gujarat, General Administration 14 95 Department, Resolution No. PVS; 1183/825/G-3, dated 22·4-83 and other relevant orders if any should be made appbcable to socially and educationally back· ward classes. Chapter-XVlll.. Additional Recommendations, 96 Appropriate recommendations on several points have 1 96 been made at vanous places in the report. The Commission makes a few recommendations in 2 96 regard to certain aspects of general importance. Socially and educationally backward classes should 3 96 be provided with such education, technical knowledge and vocational training as would enable them to stand on their own legs. Suitable facilities for study should be provided to 4 97 students. Suitable hostel facilities should be provided as far as s 97 possible either free or on a moderate charge. Proper housing facilities should be provtded to the 6 97 above classes of people. Steps should be taken to bring children belonging to the above classes in social contact with their more fortunate counter-parts among the advanced classes. I / , 1 ~·'' I '( xiv) CONtENTS .1 Paragraph Paget ,) ,,, , No. ' ' Centpll ...t\~istlijlce. 1 _ ' •I 1.,11 7 97 1 1 1 Duration' ofadvimtitiolls aids: ! "~• •• , '• '>~.:••'' 9 98 , • I, , I 1 11 ! ' ~ J- l '~ I' { j,, , ,; •'1 ! ) f r J

1 1 ' ,.I Chapter-XIX Summart or 'concllim'Ohs' 'a'nd Recondnerl&tiorls~ •• 99 J Chapter-XX 106 J '•, II ,, II• '' '''·"• • •)o •'I -. N te o'f'"" "I' IT...... !. '"1' 1''. ,., n .,;: Con cumng o ur. • ~. uesaJ. .. 107 · ' Minute 'of dissent ·by Sllri o: 'L.' Bliagat.' ' 1 I J I ,• J 125 t 1 ! j ~ .J I ( i I _ 1 ' I 1 1 I . r v ·' ~J 1 Bibliography. ,. n .,. • · n 1 ...,(II t t 128

1 i. " ..' I " I ! 1/ l . '· ''I Appendices .. , .. J~• I f ••• , t.lf Vol. 11