COMMISSION FOR BACKWARD CLASSES

VOLUME – I

(Containing 1 st , 2 nd & 3 rd Reports)

FIRST REPORT :

Name of the Class

INTRODUCTORY …..

1. KAPALI …..

2. BAISHYA KAPALI …..

3. KURMI …..

4. SUTRADHAR …..

5. KARMAKAR …..

6. KUMBHAKAR …..

7. SWARNAKAR …..

8. TELI …..

9. NAPIT

10. YOGI-NATH …..

11. GOALA GOPE …..

12. MOIRA-MODAK (HALWAI) …..

13. …..

14. SATCHASI …..

SECOND REPORT :

Name of the Class

INTRODUCTORY …..

1. MALAKAR …..

2. TANTI …..

3. KANSARI …..

4. SHANKHAKAR …..

5. KOERI / KOIRI …..

6. RAJU …..

7. TAMBOLI / TAMALI …..

8. NAGAR …..

9. KARANI …..

10. DHANUK …..

11. SARAK …..

12. JOLAH (ANSARI-MOMIN) …..

THIRD REPORT :

INTRODUCTORY …..

1. RONIWAR …..

2. KOSTA / KOSTHA …..

3. CHRISTIANS CONVERTED FROM SCHEDULED CASTES ….. WEST BENGAL COMMISSION FOR

BACKWARD CLASSES

REPORT – I

Representations have reached the West Bengal Commission for Backward Classes from various classes of citizens for inclusion in the lists of Backward Classes of the State.

The West Bengal Commission for Backward Classes other than Scheduled Castes and Scheduled Tribes has been set up by the Act of the State Legislature – “West Bengal Commission for Backward Classes Act, 1993 (West Bengal Act I of 1993)”. The Act provides “it is expedient to constitute a State Commission for Backward Classes other than the Scheduled Castes and Scheduled Tribes and to provide matters connected therewith or incidental thereto”; and accordingly, the Act called “The West Bengal Commission for Backward Classes Act” (hereinafter referred to as the Act) came to be enacted. In terms of the provisions contained in Section 3 of the Act the State Government has constituted this body to be known as “The West Bengal Commission for Backward Classes“ (which will hereinafter be referred to as the Commission) to exercise the powers conferred on and to perform the functions assigned to the commission under the Act. The functions and the powers of the commission have been set out in Sections 9 and 10 of the Act. The main function of the commission is to examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under- inclusion of any backward class in such lists and tender such advice to the State Government as it deems appropriate. To enable the Commission to discharge its functions effectively and properly the commission has been given all the powers of a Civil Court trying a suit. Section 10 of the Act provides – The Commission shall, while performing its functions under Sub-section (1) of Section 9 have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely;

(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath’

(b) requiring the discovery and production of any document;

receiving evidence on affidavits;

(c) requisitioning any public record or copy thereof from any court or office; (d) issuing commission for the examination of witness and document; and (e) any other matter which may be prescribed”.

Section 9 of the Act which deals with the functions of the commission may also conveniently be set out –

“9 (1) - The commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the State Government as it seems appropriate.

(2) - The advice of the commission shall ordinarily be binding upon the State Government”.

Section 2(a) of the act provides – “backward classes”, for the purpose of this Act, being backward classes of citizens other than the Schedule Castes and the Scheduled Tribes as may be specified by the State Government in the lists.”

Section 2(c) reads as follows – “Lists” means lists prepared by the Government of West Bengal from time to time for the purposes of making provisions for the reservations of appointments or posts in favour of backward classes of citizens which, in the opinion of the Government, are not adequately represented in the services under the Government of West Bengal and any local or other authority within the territory of West Bengal or under the control of the Government of West Bengal”.

The Act, therefore, makes it clear that the commission set up is concerned with consideration of backward classes other than Scheduled Caste & Scheduled Tribes in the state and with making recommendations on such classes of citizens and tendering appropriate advice with regard to such classes of citizens as may, in the opinion of the Commission constitute backward classes in the State. The recommendations of the commission and its advice will be forwarded by the commission to the state government and the advice of the commission shall ordinarily be binding on the state government.

It is to be noted that the act does not define the class of citizens which may come under the category of backward classes and the act also does not lay down any criteria for determining the question whether any particular class of citizens will come within the category of backward classes. The Commission is, therefore, required to determine the question on the merit of each particular case as to whether a particular class of citizens will constitute a backward class within the meaning of the Act and the Commission is to make such recommendation and tender such advice to the state government, as the commission considers appropriate. It may be noted that it has been left to the commission to evolve its own procedure in determining the question.

The question of backward classes in the country had come up for consideration before two commissions earlier set up by the centre. The First Backward Classes Commission, known as Kaka Kalelkar Commission, was set up by the Presidential Order under Art. 340 of the constitution of India on 29 th January, 1953 and that commission submitted its report on 30 th March,1955. The next backward Classes Commission known as the Mandal Commission was set up under Art. 340 of the Constitution by an order of the President in December 1978 and this commission made its report on 31 st December, 1980.

In the terms of reference to the First Backward Classes Commission (Kaka Kalelkar Commission), it was inter alia directed that the Commission would – “(a) determine the criteria to be adopted in considering whether any section of the people in the territory of India (in addition to the Scheduled Caste and Scheduled Tribes specified by Notification issues under Articles 341 and 342 of the Constitution) should be treated as socially and educationally backward classes; and, in accordance with such criteria, prepare a list of such classes setting out also their appropriate numbers and their territorial distribution.”

The term of reference to the Second Commission (Mandal Commission) were – “(i) to determine the criteria for defining the socially and educationally backward classes; (ii) to recommend steps to be taken for the advancement of the socially and educationally backward classes of citizens so identified; (iii) to examine the desirability or otherwise of making provision for the reservation of appointments or posts in favour of such backward classes of citizens which are not adequately represented in public services and posts in connection with the affairs of the Union or any State; and (iv) present to the President the Report setting out the facts as found by them and making such recommendations as they think proper.

In this connection, the commission may also examine the recommendation of the Backward Classes Commissions appointed earlier and the consideration which stood in the way of the acceptance of its recommendations by the Government.”

Both the commissions had made their reports and had submitted lists of classes, which, according to them, constitute backward classes. The report of the First Commission (Kaka Kalelkar Commission) had not been placed before the Parliament. The report of the Second Commission, commonly known as Mandal Commission, had received very wide publicity and had created a stir in the country. The report of the Mandal Commission came up for consideration by the Supreme Court in the case of –

Indira Sawhney & Ors. Etc. etc.

- VS –

Union of India & Ors. etc. etc.

in Writ petition (Civil) No.930 of 1990.

The Supreme Court in this case has also referred to the report of the First Commission (Kaka Kalelkar Commission) and the Supreme Court at great length discussed the Mandal Commission’s report. The Supreme Court has also referred to the relevant provisions of the constitution and in particulars to Art. 15(4) and Art. 16(4) of the Constitution. The Supreme Court has also reviewed its earlier decisions. Though the views expressed by the learned the Supreme Court decision appears to be that to constitute a backward class other than Schedule Castes and Scheduled Tribes within the meaning of the provisions of the constitution, the classes must be socially and educationally backward. The Report of the two commissions, and of the Mandal Commission in particular, which has taken note of the various decisions of the Supreme Court, also lends support to this view. To determine whether any class of citizens come within question for consideration is whether the class is socially and educationally backward and the commission while making its recommendation and tendering its advice to the State Government for inclusion of any class in the lists of backward classes must be satisfied that the class is socially and educationally backward. Backwardness of any individual or some individuals may not represent the class as a whole and the class cannot under such circumstances be considered to be a backward class. It is the backwardness of the class which has to be considered and taken into account in deciding the matter.

No specific criteria have been laid down or can be laid down to determine as to what constitutes a socially and educationally backward class. There are very many factors which may lead to social and educational backwardness of any class of citizens. It is necessary to consider various relevant facts and factors in determining the social and educational backwardness of any class of citizens. Caste, though not the decisive factor, may be a very relevant factor in determining the social and educational backwardness of the class of citizens in that case. Because of the low caste to which a particular class of citizens may happen to belong the citizens in the class, may on account of their low caste, be deprived of social and educational facilities and may constitute backward class, not because of the caste, but because of the social and educational backwardness resulting from being born in that caste. Caste may, therefore, be a very important consideration for identification of backward class of citizens. The kind of occupation or vocation in which a class of citizens is traditionally engaged may also become material in determining the social and educational backwardness of that class of citizens. A class of citizens mainly thriving on manual labour of low category does not usually enjoy any social status and does not also have much of education. They are also usually economically backward. Economic backwardness may not be the criteria for deciding whether any particular class of citizens belongs to the backward class. However, if the economic condition of the class brings about social and educational backwardness of the class, the class may constitute a backward class. This factor will also have to be taken to the conclusion that a particular class is a backward class. However, social and educational backwardness of any class of citizens may lead to economic backwardness of any class and economic backwardness of any class may result in social and educational backwardness of the class.

This aspect has also to be borne in mind while determining the questions as to whether any class of citizens can be considered to be a backward class.

The average literacy of a class of citizens, the educational standard on an average of the citizens in the particular class, the drop-outs of students from school in that class, the number of persons in the class employed in Government, Semi-Government and public Undertakings and the number of persons in the class occupying any high and important public office are also factors to be taken into account in determining social and educational backwardness. The social customs, living conditions, employment of child- labour, status of women, early marriage and taking the children away from school for being engaged in field, house-hold labour of any particular class may also indicate the social and educational backwardness of the class. Shortly put, any factor which goes to indicate social and educational backwardness becomes relevant in deciding whether any particular class of citizens constitutes a backward class.

On receipt of requests from various classes for inclusion in the lists of backward classes in the state, the Commission asked for certain information from the classes which had made their requests to enable the commission to deal with the matter effectively and properly. The parties concerned were directed to furnish to the commission information relating to the strength of the population in the class, its geographical distribution in the state, the traditional occupation of the citizens in that class, the literacy and average drop-outs from school in that class, the persons employed in Government and Semi-Government Services and in Public Undertakings, the percentage of persons in that class engaged in different professions like Law, Medicine, Engineering and Teaching and about social customs and living conditions and in regard to child-marriage in the class, and their contacts and dealings with other classes of citizens in the state with particular emphasis on the women-folk in the class.

The commission had also fixed dates for hearing of the requests received and at the hearing the parties were given the opportunity of leading evidence – oral and documentary – in support of the claim made for inclusion in the lists of backward classes of the state. The part6ies were further given the opportunity of making their submissions on the merits of the case by themselves or by lawyers or other representatives of their choice. The commission had also served notice on the State Government to enable to the State Government to appear before the commission at the hearting and to make submissions, if any on behalf of the State Government.

It may be recorded that most of the parties furnished the necessary information asked for by the commission and in most of the cases they have appeared in strength at the hearing and had led evidence – oral and documentary – and have made their submissions and also have referred to various authorities in course of their submissions. In some cases, the parties have also been represented by the lawyers. One common submission very strongly urged by the parties in most of the matters, has been that Mandal Commission, after a very thorough and comprehensive probe into the social and educational conditions of different classes after having traveled throughout the length and breadth of the country including districts and rural areas and after having heard the evidence and having seen for themselves the conditions of the people, included in the lists of backward classes in different states in the country, and unless very good cause is shown, the commission should not exclude such a class from the list of the State Government and the commission should recommend such classes as already determined by the Mandal Commission to be socially and educationally backward to the State Government for inclusion of such classes in the lists of backward classes in the state. We shall now proceed to deal with each particular request heard by the commission and consider the same on its merit. The first case which came for hearing was the request made on behalf of the class of citizens in the Kapali community.

KAPALI

The materials placed, go to indicate that they belong to a very low caste and till early 1950 they were regarded as untouchables. In 1931, they had been classified as depressed classes. They had also been purported to be included in the list of Scheduled Castes vide Government Notification No. 122-AR dated 19.01.1933. However, because of manipulation and pressure of a very small but powerful section of the community carried on secretly without any notice to the community at large the name of this community was removed from the list of Scheduled Castes. The main occupation of this class is to do manual labour. The members of this class are cultivators and they generally work as agricultural labourers, as they have hardly any land of their own. Some members of the community also work as pullers of cycle rickshaw / van. The percentage of people in the community owning any shop or carrying on any business is insignificant and is almost negligible. The educational level of this class is indeed very low. A small section varying between 20 – 25% goes to school. However, the drop-out at the primary stage is around 55% followed by further 30% in Classes V – VIII. There is hardly any person with any high education or in any high office. There is no MLA, no MP, no Panchayat Pradhan, no Municipal Chairman and no Educationist. The position of the women folk is indeed very pitiable and there is no even a women Panchayat Member.

The present population of Kapalis in the state is stated to be approximately 4.5 lakhs and they live in various districts in the state. Materials supplied, evidence led, submissions made and authorities referred to, go to establish that Kapalis belong to a very low caste and are looked down upon in society. They are also very poor. The social and educational backwardness of this class, because of its low caste, economic conditions and other factors, is clearly established. The commission has, therefore, no hesitation in coming to the conclusion on the materials on record that the class of Kapalis constitutes a backward class in the state. The commission may also point out that both Kalelkar Commission and Mandal Commission in their lists have recorded that Kapalis constitute a backward class. The Commission, therefore, recommends to the State Government that the class of Kapalis should be included in the lists of “Backward Classes” in the state and the commission accordingly advises the government to do so. We may incidentally observe that nobody on behalf of the state government had appeared to challenge the materials placed before the commission on behalf of the Kapali class, though notice had been served on the State Government.

BAISHYA KAPALI

We now take up the case of Baishya Kapali for consideration. Baishya Kapali is more or less on the same footing as Kapali class. Only at the caste level, it may be a shade higher than Kapalis, though they were also treated as untouchables and this class was listed as depressed class in Government Census Report, 1931. The total population of the class is over 2 million. Besides Particulars of the backwardness, social, educational and economic have been furnished on behalf of the class by Akhil Bharatiya Baishya Kali Samaj which has represented the class at the hearing. Unchallenged oral and documentary evidence have also been placed and submissions have been made. Baishya Kapali has also been included in the Backward Classes List both by Kalelkar Commission and Mandal Commission. Kalelkar Report records Baishya Kapali as a most backward community. Baishya Kapali is a mainly agriculture-based community and is also economically and socially backward. On a consideration of the materials ade available to the commission including the oral and documentary evidence adduced and the submissions made, the commission is clearly of the opinion that Baishya Kapali class constitutes a backward class in the state and the commission recommends accordingly. The commission advises the state government to include the class of Baishya Kapali in the list of “Backward Classes” of the state.

KURMI

The materials placed before the commission in support of the claim for inclusion of Kurmi in the list of “Backward Classes” reveal that the “Kurmi” is a very large cultivating class of Purulia, Midnapore and Bankura districts. They also live scatteredly in other districts. Some of them also migrated to Jalpaiguri and Cooch-Behar districts to work in tea gardens as labourers. The stated population of “Kurmi” is about 28 lakhs. They pleaded for their inclusion in the list, because of their low social position, poor attainment in the field of education and economy. According to their submission, 9.1% only of their population have passed Primary level, 0.8% read unto Madhyamik only and 0.1% only above Madhyamik. The spreads of education amongst the females is extremely low; 4.49% passed Primary, 0.1% passed Madhyamik and 0.1% above Madhyamik level. Of the child population, 30% do not take admission in any school. Drop- out at the primary stage is about 40%. Majority of them are marginal cultivators and agricultural labourers. Their number in the State Government Services and Public Sector Undertaking is rather insignificant and in pro0fessions like Medicine, Engineering, Law, Teaching etc. their presence is almost negligible. Due to extremely poor economic condition, 30% of the children instead of going to schools work as child labourers to supplement their family income. Females also work as agricultural labourers on their own as well as others land. Their living condition and home environment are also unsatisfactory. Incidence of child marriage are not rare. They stand at par with the socio-cultural status of the neighbouring Tribe (Bhumij, Santal etc.).

Kalelkar Commission as well as Mandal Commission included “Kurmi” in the list of “Backward Classes” of West Bengal. The “Kurmis” of Bihar are also recognized as a Backward Class. The representatives made the suggestion of mentioning “Kurmi” only to avoid chances of Mahatos of non-Kurmi class getting into the list.

There was no one to contradict the materials submitted before the commission. Materials submitted, evidence rendered, submissions made, authorities quoted, go to establish that “Kurmis” occupy a low social position with poor economic condition. The social and educational backwardness of this class, because of its low social and economic condition and other allied factors, is coming to the conclusion on the materials on record that the class of “Kurmis” constitute a backward class in the state. The commission, therefore, recommends to the State Government that the class of “Kurmi” should be included in the lists of “Backward Classes” in the state and the commission accordingly advises the government to do so.

It was observed that no one on behalf of the state government had appeared to challenge the materials placed before the Commission on behalf of the “Kurmi” class, though notice was served on the State Government.

SUTRADHAR

Sutradhar is an artisan caste belonging to “Nabasakha ” i.e. middle ranked artisan communities of traditional agrarian social system. They are, mainly, engaged in wood crafts, painting, sculpturing, ivory working etc. With the introduction of aluminium and steel furniture etc., fittings and other equipment, market of the Sutradhar community has been rapidly shrinking. As a matter of fact, they have been facing serious economic crisis. Now-a-days the poor Sutradhar parents cannot send their children to school. Child labour is significant among the artisan and when the children are 9 to 10 years old, they can work as a helper and assist their respective elders and act as apprentices. In this way the boys learn crafts of wood working. Such involvement at earlier age in traditional household work hardly give them any chance to send their children to school. When it is possible to enroll some of their children in school, the status of education remain mainly confined in the primary level.

At present the earning of Sutradhar are irregular and their economic conditio0n is poor. The rate of literary is not satisfactory. Educational status of women belonging to Sutradhar community is significantly low. In villages, this community has a low social status. They hardly own landed property for cultivation and as per social norms it is not desirable for them to till the land. However, some of them are now engaged in cultivation as agricultural day labour.

It appears from the representation of the Sutradhar class that they are in serious socio-economic crisis. The educational attainment and level of literacy among the female members are considerably low. A small section of the children goes to school. However, drop-out at the primary stage is about 40% followed by further 25% at Junior high level. Number of government service holders, doctors, engineers, technicians, teachers, businessmen is negligible.

The particulars of social, educational and economic backwardness have been furnished on behalf of the community by the Bangiya Sutradhar Sabha and the Bangiya Anchalik Sutradhar Samity who represented the community at the time of hearing. The social and educational backwardness, economic condition and other related factors are clearly established. The commission has, therefore, be hesitation in coming to the conclusion that the Sutradhar Community constitutes a backward class in the State. The commission also records that no one appeared before the commission on behalf of the Government, though notice was served. The commission may also point out that both Kalelkar Commission and Mandal Commission in their lists have recorded them as “Backward Class”. The commission, therefore, recommends to the State Government that Sutradhar Class should be included in the lists of “Backward Classes” in the state and the commission, accordingly, advises the State Government to do so.

KARMAKAR

Karmakar is an artisan caste belonging to “Nabasakha ” i.e. middle ranked artisan communities of traditional agrarian social system. They are mainly iron- mongers and black-smiths. Occasionally, they act as goldsmiths or silversmiths. Karmakar community are more or less distributed in almost all the states of the country.

The present population of Karmakar community in West Bengal is stated to be 3.5 lakhs. From the supplied materials it is evident that Karmakar belongs to very low social position though they belong to “Nabasakha ”. Education of the Male folk on an average is of Junior High Standard. The females are mostly illiterate. A large number of drop-out from educational institutions are noticed at the primary level.

The percentage of their community employed in the State Government services, Public Sector Undertakings at higher levels is insignificant and negligible. Number of persons engaged in independent professions like Medicine, Engineering, Law, Teaching etc. are only a limited few.

The social status of this caste is still directly or indirectly one of neglect and hatred. Besides, particulars of the backwardness – social, educational and economic have been furnished on behalf of this community by the Bangiya Karmakar Mahasabha and the Bangiya Karmakar Kalyan Sangha who represented the community at the time of hearing. The social and educational backwardness of this class of people are clearly established. The commission has, therefore, no hesitation in coming to the conclusion that Karmakar community constitutes a backward class in the State. The commission also noted that this community was listed as depressed class in Government Census Report, 1931 and both Kalelkar Commission and Mandal Commission in their lists have recorded them as backward class.

The commission, therefore, recommends to the state government that Karmakar class should be included in the lists of “Backward Classes” of the state and the commission, accordingly, advises the State Government to do so.

The commission also notes that no one appeared before the commission on behalf of the state government though notice was served.

KUMBHAKAR

Kumbhakar, traditionally a community of potters, are found in most of the states in the country. In West Bengal, Kumbhakar, is one of Nabasakha (a cluster of nine artisan castes) communities. The Kumbhakar are distributed in almost all the districts of the state. Total population of this caste is approximately 5 millions. The ducational level of male folk, on an average is of primary standard and the women are mostly illiterate. Owing to poverty most of the children could not get the opportunity of schooling facilities. Due to ill earning of their parents 80% of the boys and girls are compelled to leave school i.e. drop- out at the age of below 15 years.

Due to urbanization and industrialization i.e. the advent of plastic goods, enamel, stainless steel and aluminium utensils in the market for domestic use have dealt a serious blow to their age-old avocation, thwarting their means of traditional livelihood. The demand of earthen wares for day to day purposes as well as for festive occasions has dwindled substantially. The Kumbhakar community as such is placed in a very disadvantageous economic predicament, eking out a very pitiable existence. Even those engaged in image making or idol modeling are not in a comfortable picture. Their job is seasonal. The exorbitant price of material inputs leaves a poor margin of return. The members employed in Government services and in professions like medicine, law, engineering, teaching and business are too small in number.

Above 38% of the girls are married at their tender age. It appears from the representation of the Kumbhakar community that they are in serious socio- economic crisis. Besides, particulars of backwardness – social, educational and economic – have been furnished on behalf of this community by the Nikhil Bangiya Kumbhakar Sammilani, the Sarba Bharatiya Anunnata Kumbhakar Samiti, the Banga Anunnata Kumbhakar and Kumbhakar Samaj Unnayan Samity, who represented the community at the time of hearing. The social, educational and economic backwardness factors are clearly established. The commission, therefore, has no hesitation in coming to the conclusion that the Kumbhakar community constitutes a backward class in the state. The commission also noted that this community was listed as depressed class in Government Census Report, 1931 and both Kalelkar Commission & Mandal Commission in their lists have reported them as backward class. The commission, therefore, recommends to the State Government that Kumbhakar community should be included in the lists of “Backward Community” in the state, and the commission, accordingly, advises the government to do so. The commission also noted that nobody had appeared on behalf of the State Government though notice was served.

SWARNAKAR

The claim of the Swarnakar Community for inclusion in the list of backward classes of the State was placed before the commission by the Bangiya Swarnakar Samaj and others. Though no definite figures in respect of population of this class are available, they are dispersed in almost all the districts of West Bengal. Their traditional occupation is making of ornaments (gold and silver). But they are different from “Subarna Banik” whose occupation is trading in such ornaments. Their educational standard is quite low. There are only negligible number of graduates and post-graduates among them. Service-holders in Government and Semi-Government organization from their community are hard to find. Their presence in learned professions like Medicine, Engineering, Teaching etc. is extremely low. Their low social status is evident from the fact that they are regarded as “Sudra” (2 nd category) in the orthodox caste hierarchy. They are also included in the list of backward classes prepared by the Mandal Commission and the Kalelkar Commission. They have also been included in the list of backward classes in the neighbouring states like Bihar etc.

Materials supplied, evidence led, submissions made and authorities referred to, indicate that the Swarnakars are socially and educationally backward. They are also poor. The commission, therefore, recommends to the state government that the class of Swarnakar should be included in the list of “Backward Classes” and the commission accordingly advises the Government to do so.

Nobody on behalf of the State Government had appeared to challenge the materials placed before the commission on behalf of the Swarnakar, though notice had been served on the State Government.

TELI

The materials placed before the Commission in support of the claim of Teli community by the Teli Samaj and others for inclusion in the list of backward classes of the State; indicate that they have no social, educational and economic status. Their population is about 60,000 distributed over almost all the districts of the state. Their traditional occupation is extraction of mustard oil, dealing in such oil and other small business and cultivation. Their average educational standard is unto Class VIII and that also lower specially among the women. They do not occupy more than 1% of the jobs in Government and Semi-Government services and perhaps less than 0.5 per cent in learned professions like Medicine, Engineering, Law, Teaching etc. They are totally neglected and contemptuously referred to as “Teli”.

This community has been included in the lists of backward classes of some of the neighbouring states. Kalelkar Commission and the Mandal Commission also recommended this class for inclusion in the list of backward classes.

Nobody on behalf of the State Government appeared to challenge the materials placed before the commission at the time of hearing though notice had been served on the state government.

The commission has no hesitation in coming to the conclusion on the materials on record that “Teli” community constitutes a backward class in the state. The commission, therefore, recommends to the State Government that the class of “Teli”, should be included in the “Backward Classes” in the state and the commission accordingly advises the Government to do so.

NAPIT

The materials placed in support of the claim for inclusion of Napit in the list of backward classes of the state on the ground of social and educational backwardness and poor economic condition, go to show that majority of them are still engaged in their traditional profession of hair cutting, make-up and services at the various phases of life cycle (birth, marriage, death etc.) Percentage of literate and educated persons among them is extremely low resulting in poor economic status. Because of their poor economic condition, the children are forced to leave school and join caste-based occupation and other low paid jobs. This leads to high rate of drop-outs at the school stage among them. The percentage of persons with high education or in high office is quite negligible. Very few of them are employed in State Government services and Public Undertakings, that too in lower grades. There is no M.P., M.L.A., no Judge, no one in higher judicial services and in Statutory Bodies and in other important and recognized fields. Till date, there had been only one Professor in Calcutta University, few Doctors and Engineers, few Lawyers, one Principal in a college, couple of Lecturers and Readers and some primary and secondary school teachers. Due to social stigma, that is still in existence, they are looked down upon in society. Even in matrimonial advertisements some of them mention that matrimonial relations with traditional surnames of Napits are not acceptable.

They live in various districts of the state. In Hooghly districts alone, their stated population is about 4.81 lakhs. There was no one to contradict the materials submitted before the commission.

Therefore, taking into consideration all the facts stated, materials on record and submissions made, the Commission has no hesitation in coming to the conclusion that Napit class constitutes a socially and educationally backward class. They are also very poor. Both Kalelkar Commission and Mandal Commission in their lists have recorded that Napits constitute a backward class in this state. The commission, therefore, recommends to the State Government that the Napit class should be included in the lists of “Backward Classes” in the State and the Commission accordingly advises the Government to do so.

Nobody on behalf of the State Government had appeared to challenge the materials placed before the commission, though the notice was served on the State Government.

YOGI-NATH

The materials placed before the Commission, in support of the claim for inclusion of Yogi-Nath in the list indicate that Yogi-Nath occupies a low social position with low educational and economic achievements. The main occupation of this class is to do manual labour. The members of this class are mainly engaged as weavers, cultivators, agricultural labourers, daily labourers, small shop-keepers and a few of them in white collar jobs. After partition of Bengal, most of them have migrated to this part and do not possess business. Some of them also work as pullers of cycle rickshaw, vegetable vendors etc. Their educational level is very low. About two-third of the population are illiterate. In some rural areas it is even less than 3 per cent on an average. Of the educated persons, about 4.37% of women and 15.80% of children are educated, 13% read unto primary stage, 8% middle, 7% S.F., 4.5% H.S., 2.5% Technical and 2.13% Graduates and above. The percentage of drop-outs at various stages of school education are also extremely high. Most of the children either do not attend schools or discontinue in midst of their study as they have to assist their parents in daily activities.

Of the total employees in the state government services, the Yogi-Nath number 1412 only, constituting well below 1% of the total employees. In Local Bodies also their percentage is below 1% (1,073 in number). There is hardly any person with high office – no I.A.S., no I.P.S., no one in Higher Judicial Service or in Local Bodies, Public Undertakings or Statutory Bodies. There is no Minister / MP / MLA etc. There are 40 persons only engaged in various types of professional works like medicine, law etc. The position of women folk is rather pitiable as their participation in various sphere is rather negligible. They are subjected to various social discriminations. Once they were treated as untouchables.

The populist on of Yogi-Nath in the state is stated to be approximately 5.12 lakhs and they live in various districts of the state. They have been included in the list of backward classes in many states including the neighbouring states of Assam, Bihar and Orissa.

There was no one to contradict the materials submitted before the commission. Materials supplied, evidence led, submissions made and authorities referred to, go to establish that Yogi-Nath occupy low social position and looked down upon in society. They are also educationally backward and economically poor. The commission has, therefore, no hesitation in coming to the conclusion on the materials on record that the Yogi-Nath constitutes a backward class in the state. The commission also noted that both Kalelkar Commission and Mandal Commission in their lists have recorded that Yogi-Nath constitute a backward class.

We may incidentally observe that nobody on behalf of the State Government had appeared to challenge the materials placed before the commission on behalf of the Yogi-Nath Class, though the notice had been served on the State Government.

We may also note that it was represented to the commission by all the parties appearing before the commission and championing the cause of Yogi- Nath that to facilitate the advantate and benefit to the entire community it may be appropriate to describe them as Yogi-Nath.

The commission, therefore, recommends to the State Government that the Class of Yogi-Nath should be included in the list of “Backward Classes” in the state and the commission accordingly advises the Government to do so.

GOALA – GOPE

The representatives of the Yadav Community on behalf of the Bangiya Yadav Mahasabha, the Bharatiya Yadav Mahasabha and others placed materials. The case of the Yadav community which, it is said to include Gope, Goala, Ahir, Ghose has been presented before the Commission by their representatives. They have also urged that the Yadav community has been included in the list of backward classes in Kalelkar list, Mandal Commission’s list and in the lists of few neighbouring states. The materials placed and the submissions made, however, go to indicate that in this state, Goala and Gope do constitute a backward class in the sense that they are socially and educationally backward. But the materials do not satisfy the commission that those other than the Goalas and Gopes, said to be within the Yadav community, are socially and educationally backward in the state.

The materials placed and oral submissions made, indicate that literacy amongst the Goala and Gope is very low particularly amongst the women. They are mainly milk traders, herds men, cattle grazer and they are socially looked down upon. The children help the family in cattle rearing and milk trade from early age for which there is large percentage of drop-outs at school stage. The percentage of Lawyers, Doctors, Engineers is negligible. The women folk generally do not go out for work and generally they are illiterate.

On consideration of these materials including oral evidence and submissions made, the commission is satisfied that so far as Goalas and Gopes are concerned, they should be included in the list of backward classes and in the view of the commission, the Goalas and Gopes in this state are socially and educationally backward. The commission is, however, of the different view in regard to the other sections said to be in the Yadav community. The commission will require further materials to decide this particular question and in that view of the matter, the commission postpones its decision in this regard.

No one on behalf of the State Government appeared before the Commission at the time of hearing though notice was served on the State Government.

The commission recommends that Goala-Gope class be included in the list of “Backward Classes” of the state and the Commission accordingly advises the State Government to do so.

MOIRA – MODAK (Halwai)

The materials placed before the Commission in support of the claim for inclusion of the Moira-Modak (Halwai) community by the Nikhil Bangiya Modak Samity and others establish the fact that this community occupies a low social position with low educational and economical achievement. They number about 3 to 4 lakhs spread all over the state. Their traditional occupation is card making, Sweetmeat making and trading in such products as well as working as “Karigar” (Expert). Their average education is very low. Most men do not proceed beyond Secondary / Higher Secondary examination and there are only a few graduates and post-graduates. The condition of women’s education is worse. They occupy less than 1% in learned professions like Medicine, Engineering, Teaching etc. Their social status is low, derogatively referred to as “Moira”.

The representatives stated that “Halwai” is the Hindi version of Moira- Modak has been included in the Kalelkar list as well as in the Mandal Commission’s list. The Bihar Government have also included “Halwai” in their state list as a backward class.

Nobody on behalf of the State Government appeared to challenge the materials placed before the Commission on behalf of the Moira-Modak community, though notice had been served on the State Government.

Materials supplied, evidence led, submissions made and authorities referred to, indicate that the Moira-Modak are socially and educationally backward. They are also poor. The Commission, therefore, recommends to the state government that the class of Moira-Modak (Halwai) should be included in the list of “Backward Classes” and the commission accordingly advises the Government to do so.

BARUJIBI

The claim of this community for inclusion in the list of backward classes in the state was placed before the commission by the Purba Bharat Barujibi Sangha and others.

No precise figures in respect of their population is available. They are mainly concentrated in Midnapore and South 24-Parganas districts. Their traditional occupation is cultivation of and small trading of betel leages. Educational attainment of this community is extremely low and they also bear social stigma as “Barui”.

The representatives submitted that Barujibi class has been included in the Kalelkar list and also the Mandal Commission’s list. This class has also been included in the lists of some of the neighbouring states.

Nobody on behalf of the State Government had appeared to challenge the materials placed before the commission on behalf of Barujibi class though notice had been served on the State Government.

Materials supplied and oral evidence submitted, indicate that Barujibi are socially and educationally backward. They are also poor. The Commission, therefore, recommends to the State Government that the class of Barujibi should be included in the list of “Backward classes” and the commission accordingly advises the Government to do so.

SATCHASI

The Satchasi class was represented before the Commission by the West Bengal Satchasi Samaj Unnayan Samity and the Paschimbanga Satchasi Samity. The approximate population of the class is about 2 lakhs in the state. They are mainly scattered in the districts of North and South 24-Parganas, Howrah, Hooghly and parts of Nadia and . The people in this class work as small cultivators and landless labourers. The percentage of literacy is insignificant and the number of people of this class in Government and Semi- Government and Public Sector Undertakings is negligible. The number of people in any kind of profession is indeed very small. This class is also economically very backward. Materials have been placed in support of the claim for being included in the list of backward classes. Evidence – oral and documentary – has been led to prove that this class is socially and educationally backward and it has also been submitted that in the report of Kalelkar Commission and also in the report of the Mandal Commission, this class has been included in the list of backward classes and even earlier, this class was considered to be a depressed class.

No one from the State Government appeared although noticed was served. On proper consideration of the materials placed before the Commission and the submission made on behalf of this class by the representatives before the Commission, the commission is convinced that Satchasi class constitutes a backward class in the state and should be so included in the list of backward classes of the state. The commission recommends accordingly and advises the State Government to include the Satchasi class in the list of “Backward Classes”.

Sd/- Sd/- Sd/- (Ramen Poddar) (Bela Bhattacharya) (Amal Kr. Das) Member Member Member

Sd/- Sd/- (J. Misra) (A. N. Sen) Member-Secretary Chairman