MANDAL COMMISSION RECOMMENDATIONS

Since the Govt. of India’s Mandal Commission has covered a section of the Muslims. Christians, Sikhs & neo-Buddhists, the recommendations are of great importance to dalits and it will be also of interest to sympathetic Hindus, social scientists & foreign scholars we give the full text of recommendations-Chapter XIII, page 57 to 60, though lengthy EDITOR) (13.1) It may appear that the upliftment of Other Backward Classes (08Cs) is part of the larger national problem of the removal of mass poverty. This is only partially correct. the larger national problem of the removal of mass poverty. This is only partially correct. The deprivation of OBCs is a very special case of the larger national issue: here the basic question is that of social and educational backwardness and poverty is only a direct consequence of these two crippling caste-based handicaps. As these handicaps are embedded in our social structure, their removal will require far-reaching structural changes. No less important will be changes in the perception of the problems of OBCs by the ruling classes of the country. RESERVATIONS: (13.2) One such change in the attitude of the ruling elite pertains to the provision of reservation in govt. services and educational institutions for the candidates of OBCs. It is generally argued that looking to the large population of OBCS (52%), recruitment of a few thousand OBCs every year against reserved vacancies is not going to produce any perceptible impact on their general condition. On the other hand, the induction of a large proportion of employees against reserved vacancies will considerably impair the quality and efficiency of the govt services. It is also stated that the benefits of such reservations will be skimmed off by those sections of OBCs which are already well off and the really backward sections will be left high and dry. Another argument advanced against this approach is that the policy of largescale reservations will cause great heart-burning to those meritorious candidates whose entry into services will be barred as a result thereof. (13.3) All the above arguments are based on fairly sound reasoning. But these are also the arguments advanced by the ruling elite which is keen on preserving its privileges. Therefore, like all such reasoning, it is based on partisan approach. By the same token, while illuminating some immediate areas of concern it tends to ignore much larger issues of national importance. (13.4) It is not at all our contention that by offering a few thousand jobs to OBC candidates we shall be able to make 52 of the Indian population as forward. But we must recognize that an essential part of the battle against social backwardness is to be fought in the minds of the backward people. In India, govt. service has always been looked upon as a symbol of prestige and power. By increasing the representation of OBCs in govt. services, we give them an immediate feeling of participation in the governance of this country. When a backward candidate becomes a Collector or a Suptd of Police, the material benefits accruing from his position are limited to the members of his family only. But the psychological spin off of this phenomenon is tremendous: the entire community of that backward class candidate feels socially elevated. Even when no tangible benefits flow to the community at large, the feeling that now it has its “own man” in the “corridors of power” acts as morale booster. (13.5) In a democratic set-up every individual and community has a legitimate right and aspiration to participate in ruling this country. Any situation which results in a near- denial of this right to nearly 52% of the country’s population needs to be urgently rectified. (13.6) Apprehensions regarding drop in the quality of Govt. services owing to largescale induction of SC/ST and OBC candidates against reserved posts may be justified only up to a point. But is it possible to maintain that all candidates selected on merit turn out to be honest, efficient, hard-working and dedicated ? At present, top echelons of all the Govt. services are manned predominantly by open competition candidates and if the performance of our bureaucracy is any indication, it has not exactly covered itself with glory. Of course, this does not imply that candidates selected against reserved posts will do better. Chances are that owing to their social and cultural handicaps they may be generally a shade less competent. But, on the other hand, they will have the great advantage of possessing firsthand knowledge of the sufferings and problems of the backward sections of society. This is not a small asset for fie d workers and policy-makers even at the highest level (137) It is no doubt true that the major benefits of reservation end other welfare measures for OBCs will be cornered by the more advanced sections of the backward communities. But is not this a universal phenomenon? All reformist remedies have to contend with a slow recovery along the hierarchical gradient; there are no quantum jumps in social reform. Moreover, human nature being what it is, a “new class” ultimately does emerge even in classless societies. The chief merit of reservation is not that it will introduce egalitarianism amongst OBCs when the rest of the Indian society is seized by all sorts of inequalities. But reservation will certainly erode the hold of higher castes on the services and enable OBCs in general to have a sense of participation in running the affairs of their country. (13.8) It is certainly true that reservation for OBCs will cause a lot of heart burning to others. But should the mere fact of this heart burning be allowed to operate as a moral veto against social reform? A lot of heart-burning was caused to the British when they left India. It burns the hearts of all White when the Black protest against Apartheid in South Africa. When the higher castes constituting less than 20% of the country’s population subjected the rest to all manner of social injustice, it must have caused a lot of heart burning to the lower castes. But now that the lower castes are asking for a modest share of the national cake of power and prestige, a chorus of alarm is being raised on the plea that this will cause heart burning to the ruling elite. Of all the specious arguments advanced against reservation for backward classes, there is none which beats this one about “heart-burning” in sheer sophistry. (13.9) In fact the Hindu society has always operated a very rigorous scheme of reservation, which was internalised through caste system. Ekalavye lost his thumb and Shambhuk his neck for their breach of caste rules of reservation. The present future against reservations for OBCs is not aimed at the principle itself, but against the new class of beneficiaries, as they are now clamouring for a share of the opportunities which were all along monopolised by the higher castes. QUANTUM & SCHEME OF RESERVATION: (13.10) SC/STs constitute 22.5% of the country’s population. Accordingly, a pro-rata reservation of 22.5% has been made for them in all services and public sector undertakings under the Central Govt. In the States also, reservation for SC/STs is directly proportional to their population in each State. (13.11) As stated in the last Chapter (para 12.22) the population of OBCs, both Hindu and non-Hindu, is around 52% of the total population of India. Accordingly, 52% of all posts under the Central Govt. should be reserved for them. But this provision may go against the law laid down in a number of Supreme Court judgements wherein it has been held that the total quantum of reservation under Articles 15(4) and 16(4) of the Constitution should be below 50%. In view of this the proposed reservation for OBCs would have to be pegged at a figure which, when added to 22.5% for SC/STs, remains be- low 50%. In view of this legal constraint, the Commission is obliged to recommend a reservation of 27% only, even though their population is almost twice this figure. (13.12) States which have already introduced reservation for OBCs exceeding 27%, will remain unaffected by this recommendation. (13.13) With the above general recommendation regarding the quantum of reservation, the Commission proposes the following overall scheme of reservation for OBCs (1) Candidates belonging to 0BCs recruited on the basis of merit in an open competition should not be adjusted against their reservation quota of 27%. (2) The above reservation should also be made applicable to promotion quotą at all levels. (3) Reserved quote remaining unfilled should be carried forward for a period of three years and dereserved thereafter. (4) Relaxation in the upper age limit for direct recruitment should be extended to the candidates of OBCs in the case of SC/STs. (5) A roster system for each category of posts should be adopted by the concerned authorities in the same manner as presently done in respect of SC/STs. (13.14) The above scheme of reservation in its toto should also be made applicable to all recruitment to public sector undertakings. both under the Central and State Govts, as also to nationalised banks. (13.15) All private sector undertakings which have received financial assistance from the Govt. in one form or the or the other should also be obliged to recruit personnel on the aforesaid basis. (13.16) All universities and affiliated colleges should also be covered by the above scheme of reservation. (13.17) To give proper effect to these recommendations, it is imperative that adequate statutory provisions are made by the Govt. to amend the existing enactments, rules, procedures, etc. to the extent they are not in consonance with the same. EDUCATIONAL CONCE- SSIONS: (13.18) Our educational system is elitist in character, results in a higher degree of wastage and is least suited to the requirements of an over-populated and developing country. It is a legacy of the British rule which was severely criticised during the independence struggle, and yet, it has not undergone any structural changes. Though it is least suited to the needs of backward classes. yet, they are forced to run the rat-race with others as no options are available to them. As ‘educational reform’ was not within the terms of reference of this Commission, we are also forced to tread the beaten track and suggest only the palliative measure within the existing frame- work. (13.19) Various State Govts, are giving a number of educational concessions to OBC students (Chapter IX, para 9.30-9.33) like exemption of tuition fens, free supply of books and clothes, mid- day meals, special hostel facilities, stipends, etc. These concessions are all right as far as they go. But they do not go far enough. What is required is, per haps, not so much the provision of additional funds as the framing of integrated schemes for creating the proper environment and incentives for serious and purposeful studies. (13.20) It is well known that most OBC children are irregular and indifferent students and their drop-out rate is very high: There are two main rea- sons for this. (1) These children are brought up in a climate of extreme social and cultural deprivation and. consequently, a proper motivation for schooling is generally lacking. (2) Most of these children come from very poor homes and their parents are forced to press them into doing small chores from a very young age. (13.21) Upgrading the cultural environment is a very slow process. Transferring these children to an artificially upgraded environment is beyond the present resources of the country. In view of this it is recommended that this problem may be tackled on a limited and selective basis on two fronts. (13.22) First, an intensive and time-bound programme for adult education should be launched in selected pockets with high concentration of OBC population. This is a basic motivational approach, as only properly motivated parents will take serious interest in educating their children. Secondly, residential schools should be set up in these areas for OBC students to provide a climate specially conducive to serious studies. All facilities in these schools including board and lodging, will have to be provided free of cost to attract students from poor and backward homes, separate Govt. hostels for OBC students with the above facilities will be another step in the right direction (13.23) A beginning on both these fronts will have to be made on a limited scale and selective basis. But the scope of these activities should be expanded es fast as the resources permit. Adult education programme and residential schools started on a selective basis will operate as growing-points of conciousness for the entire community and their multiplier effect is bound to be substantial. Whereas several States have extended a number of ad hoc concessions to OBC students. few serious attempts have been made to integrate these facilities into a comprehensive scheme for a qualitative upgradation of educational environment available to OBC students. (13.24) After all, education is the best catalyst of change and educating the OBCs is the surest way to improve their self-image and raise their social status. As OBCs cannot afford the high wastage rates of our educational system. it is very important that their education is, highly biased in favour of vocational training. After all reservation in services will absorb only a very small percentage of the educated OBCS and the rest should be suitably equipped with vocational skills to enable them to get a return on having invested several years in education. (13.25) It is also obvious that even if all the above facilities are given to OBC students, they will not be able to compete on an equal footing with others in securing admission to technical and professional institutions. In view of this it is recommended that seats should be reserved for OBC students in all scientific, technical and professional institutions run by the Central as well as State Govts. This reservation will fall under Article 15(4) of the Constitution & the quantum of reservation should be the same as in the Govt. services, i.e. 27%. Those States which have already reserved more than 27% seats for OBC students will remain unaffected by this recommendation. (13.26) While implementing the provision for reservation it should also be ensured that the candidates who are admitted against the reserved quota are enabled to derive full benefit of higher studies. It has been generally noticed that these OBC students coming from an impoverished cultural background, are not able to keep abreast with other students. It is, therefore, very essential that special coaching facilities are arranged for all such students in our technical and professional institutions. The concerned authorities should clearly appreciate that their job is not finished once candidates against reserved quota have been admitted to various institutions. In fact the real task starts only after that. Unless adequate follow-up action is taken to give special coaching assistance to these students, not only these young people will feel frustrated and humiliated but the country will also be landed with ill-equipped and sub standard engineers, doctors and other professionals. FINANCIAL ASSISTANCE: (13.27) Vocational communities following hereditary occupations have suffered heavily as a result of industrialisation. Mechanical production and introduction of synthetic materials has robbed the village potter, oil-crusher, blacksmith carpenter, etc. of their traditional means of livelihood and the pauperisation of these classes is a well known phenomenon in the country-side. (13.28) It has, therefore, become very necessary that suitable institutional finance and technical assistance is made available to such members of village vocational communities who want to set up small scale industries on their own. Similar assistance should also be provided to those promising OBC candidates who have obtained special vocational training. (13.29) Of course, most State Govts. have created various financial and technical agencies for the promotion of small and medium scale industries. But it is well known that only the more influential members of the community are able to derive benefits from these agencies. In view of this, it is very essential that separate financial institutions for pro- viding financial and technical assistance are established for the OBCs. Some State Govts. like Karnataka and AP have already set up separate financial corporations etc. for OBCs. (1330) Co-operative Societies of occupational groups will also help a lot. But due care should be taken that all the office bearers and members of such societies belong to the concerned hereditary occupational groups and out- siders are not allowed to exploit them by infiltrating into such co-operatives. (13.31) The share of OBCs in the industrial and business life of the country is negligible and this partly explains their extremely low income levels. As a part of its overall strategy to uplift the OBCs it is imperative that all State Govts, are suitably advised and encouraged to create a separate network of financial and technical institutions to foster business and industrial enterprise among OBCs. STR- UCTURAL CHANGES: (13.32) Reservations in Govt. employment and educational institutions, as also all possible financial assistance will remain mere palliatives unless the backwardness is tackled at its root. Bulk of the small landholders. tenants, agricultural labour, impoverished village artisans. unskilled workers, etc.. belong to SC/ST & OBCs. “Apart from social traditions, the dominance by the top peasantry is exercised through recourse to informal bondage which arises mainly through money-lending, lessing out of small bits of land and providing house-sites and dwelling space to poor peasants. As most of the functionaries of Govt. are drawn from the top peasantry. the class and caste linkage between the functionaries of Govt. and the top peasantry remain firm. This also tilts the socio- political balance in favour of the top pea santry and helps it in having its dominance over others.” (EPW-1930) (13.33) The net outcome of the above situation is that notwithstanding their numerical preponderance, OBCs continue to remain in mental bondage of the higher castes and rich pleasantly. Consequently, despite constituting nearly 3/4th of the country’s population, SC/ST & 08’s have been able to acquire a very limited political clout, even though adult franchise was introduced more than three decades back. Through their literal monopoly of means of production the higher castes are able manipulate and coerce the backward classes into acting against their own interests. In view of this, until the strangehold of the existing production relations is broken through radical land reforms, the abject dependence of under privileged classes on the dominant higher castes will continue in- definitely. In fact there is already a size- able volume of legislation on the statute books to abolish zamindari, place ceilings on land lodgings and distribute land to the landless. But in actual practice its Implementation has been halting, half- hearted and superficial. The States like Karnataka. Kerala and West Bengal which have gone about the job more earnestly have not only succeeded in materially helping the OBCs, but also reaped rich political dividends in the bargain. (13.34) It is the Commission’s firm conviction that a radical transformation of the existing production relations is the most important single step that can be taken for the welfare and upliftment of all backward classes. Even if this is not possible in the industrial sector for various reasons. in the agricultural sector a change of this nature is both feasible and overdue. (13.35) The Commission, therefore, strongly recommends that all State Govts. should be directed to enact & implement progressive land legislation so as to effect basic structural changes in the existing production relations in the countryside. (13:36) At present surplus land is being allotted to SC/STs A part of the surplus land becoming available in future as a result of the operation of land ceiling laws etc., should also be allotted to the овс landless labour. MISCELLANEOUS: (13.37) (1) Certain sections of some occupational communities like Fishermen. Banjaras. Bansforas, Khatwes etc. still suffer from the stigma of untouchability in some parts of the country. They have been listed as OBCs by the Commission. but their inclusion in the lists of SC/STS may be considered by the Govt. (2) Back- ward Classes Development Corporations should be set up both at the Central and State levels to implement various socio- educational and economic measures for their advancement. (3) A separate Ministry/Department for OBCs at the Centre & the States should be created to safeguard their interests. (4) With a view to giving better representation to certain very back- ward sections of OBCs like the Gaddis in Himachal Pradesh, Neo Buddhists in Maharashtra, fishermen in the coastal areas. Gujjars in J & K. it is recommended that areas of their concentration may be carved out into separate constituencies at the time of delimitation. CENTRAL ASSISTANCE: (13.38) At present no Central assistance is available to any State Govts. for implementing any welfare measures for OBCs. The 18 States and Union Territories which have undertaken such measures have to provide funds from their own resources. During the Commission’s tours practically every State Govt. pointed out that unless the Caftre is prepared to liberally finance all special schemes for the upliftment of OBCs, it will be beyond the available resources of the States to undertake any worthwhile programme for the benefit of OBCs. (13.39) The Commission fully shares the view of the State Govts, in this matter and strongly mends that all development programmes especially designed for OBCs should be financed by the Central Govt. in the same manner and to the same extent as done in the case of SC/STs. (13.40) Regarding the period of operation of the Commission’s recommendations, the entire scheme should be reviewed after 20 years. We have advisedly suggested this span of one generation, as the raising of social consciousness is a generational progress. Any review at a shorter interval would be rather arbitrary and will not give a fair Indication of the impact of our recommendations on the prevailing status and lifestyles of OBCS.