Caste, Reservation and Social Justice in India

Caste as a Structure of Inequality

Caste as a Structure of Inequality:

By birth-based hierarchy / unequal access to resources.

Occupational inequality / social distance.

Caste as a System of Discrimination

Forms of Discrimination:

  • Social discrimination
  • Economic discrimination
  • Educational discrimination
  • Political discrimination

Psychological and cultural problems.

Implementation-related problems

Constitutional Provisions for SCs and OBCs

Equality and Protection

  • Article 14 – Equality before the law.
  • Article 15(1) – Prohibits discrimination on grounds of caste.
  • Article 15(4) – Special provisions for advancement of SCs and OBCs.
  • Article 17 – Abolition of untouchability.

Educational and Economic Safeguards

  • Article 46 – The State shall promote the educational and economic interests of SCs and protect them from exploitation.
  • Article 15(5) – Reservation in educational institutions.

Political Safeguards

  • Article 330 & 332 – Reservation of seats for SCs in Lok Sabha and State Legislative Assemblies.
  • Article 334 – Time limit (extended periodically) for political reservations.

Service and Employment

  • Article 16(4) – Reservation in public employment.
  • Article 335 – Claims of SCs to be considered in services.

Protection from Atrocities

SC/ST (Prevention of Atrocities) Act, 1989 – Legal protection against caste-based violence.

Constitutional Provisions for OBCs

Educational and Employment Provisions: Article 15(4) – Special provisions for OBCs in education. Article 16(4) – Reservation in public employment.

Backward Classes Commission: Article 340 – Appointment of a commission to identify backward classes.

102nd Constitutional Amendment (2018) – Granted constitutional status to the National Commission for Backward Classes (NCBC).

Reservation Policy: 27% reservation for OBCs in central government jobs and educational institutions (excluding the creamy layer).

Mandal Commission

Background

Appointed in 1979 by the Janata Party government under Prime Minister Morarji Desai. Chaired by B. P. Mandal. Formed under Article 340 to identify socially and educationally backward classes.

Objectives

  • Identify OBCs in India.
  • Examine conditions of OBCs.
  • Recommend measures for their advancement.

Criteria Used

  • Social indicators (caste status, social backwardness).
  • Educational indicators (literacy rates, school dropouts).
  • Economic indicators (landholding, income).

Major Recommendations

  • 27% reservation for OBCs in central government services.
  • Total reservation not to exceed 50%.
  • Exclusion of the creamy layer among OBCs.
  • Educational and financial support programs.

Implementation

Implemented in 1990 by Prime Minister V. P. Singh. Led to widespread protests and debates on merit vs. social justice.

Significance of the Mandal Commission

  • Brought social justice to the center of Indian politics.
  • Increased representation of OBCs in education and employment.
  • Strengthened democratic participation.

Criticism

  • Encouraged caste-based politics.
  • Benefits sometimes captured by dominant OBC groups.
  • Questions raised about merit and efficiency.

The Constitution of India provides a comprehensive framework to protect and uplift SCs and OBCs. The Mandal Commission played a historic role in recognizing the problems of OBCs and institutionalizing reservation as a tool of social justice. Together, constitutional provisions and Mandal Commission recommendations aim to create a more equal and inclusive society.

Crime against Women: Acts and Laws

  • Protection of Women from Domestic Violence Act, 2005 – Provides protection orders, residence rights, and maintenance.
  • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
  • Mandatory Internal Complaints Committee (ICC) in organizations.
  • Section 375 & 376 IPC (now under Bharatiya Nyaya Sanhita equivalents).
  • Criminal Law (Amendment) Act, 2013 – Stricter punishment, fast-track courts.
  • Nirbhaya Act – Enhanced punishment for sexual crimes.

Issues in Women’s Empowerment

  • Social and cultural issues
  • Educational issues
  • Economic issues
  • Health and nutrition issues
  • Political and legal issues
  • Intersectional issues

Issues in Capability Building

  • Inadequate skill development and vocational training.
  • Digital divide and lack of access to technology.
  • Limited mobility and safety concerns.
  • Poor access to credit and markets.
  • Low self-confidence and social support.

Tribal Problems

Educational Problems of Tribals

  • Low literacy rate
  • High dropout rates
  • Inadequate infrastructure
  • Social and cultural factors

Development Problems of Tribals

  • Displacement and alienation
  • Poverty and unemployment
  • Exploitation by non-tribals
  • Health and nutrition issues
  • Cultural disintegration

Agrarian Problems of Tribals

  • Land alienation
  • Shifting cultivation (jhum) issues
  • Lack of irrigation and technology
  • Forest rights and livelihood
  • Market exploitation

Fifth Schedule, PESA and Forest Rights

The Fifth Schedule (Article 244(1)) deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than the North-East. It applies to states like Madhya Pradesh, Odisha, Jharkhand, Chhattisgarh, Maharashtra, etc. The Governor has special powers to:

  • Prohibit or restrict transfer of tribal land to non-tribals.
  • Regulate moneylending in Scheduled Areas.
  • Constitute a Tribes Advisory Council (TAC) to advise on tribal welfare.
  • Protect tribals from land alienation and exploitation.
  • Ensure separate administrative mechanisms for tribal areas.

PESA Act, 1996

PESA extends the 73rd Constitutional Amendment (Panchayati Raj) to Scheduled Areas to ensure self-governance for tribal communities.

  • Gram Sabha as the basic unit of governance.
  • Gram Sabha has power over management of natural resources.
  • Approval of development projects.
  • Prevention of land alienation.
  • Control over minor forest produce.
  • Mandatory consultation before land acquisition.
  • Strengthens tribal autonomy and participation.
  • Recognizes traditional tribal institutions.

Forest Rights Act, 2006

To correct historical injustice done to tribals and forest dwellers and to recognize their rights over forest land and resources.

Rights granted:

  • Individual forest land rights.
  • Community forest rights.
  • Rights to collect, use, and sell minor forest produce.
  • Protection against eviction without due process.

Secures livelihood and dignity of tribals. Balances conservation with tribal rights.

Reservation in Education and Employment

Reservation in Education

  • Article 15(4) – Special provisions for SCs, STs, OBCs.
  • Article 15(5) – Reservation in educational institutions (including private institutions except minority institutions).
  • Reservation in schools, colleges, and universities.
  • Scholarships, hostels, fee concessions.
  • Promotes educational mobility and inclusion.

Reservation in Employment

  • Article 16(4) – Reservation in public employment.
  • Article 16(4A) – Reservation in promotion for SCs and STs.
  • Article 335 – Claims of SCs and STs to be considered in services.
  • Ensures representation of marginalized communities in government jobs.
  • Reduces historical disadvantage and exclusion.

Changing Farming Structure

Commercialization and Mechanization

  • Commercialization of agriculture
  • Mechanization and technology
  • Fragmentation of landholdings
  • Capital-intensive farming

New Middle Class

New Middle Class emerged in India mainly after economic liberalization, privatization, and globalization (1991 onwards). Unlike the traditional middle class, it is closely linked to the market economy, global capital, education, and professional employment. This class plays a crucial role in shaping culture, consumption, politics, and migration patterns.

Characteristics of the New Middle Class

  • Regular salaried employment in IT, services, corporate sector, finance, media, education, and healthcare.
  • Higher disposable income and purchasing power.
  • Shift from savings-oriented to a consumption-oriented lifestyle.
  • Highly educated and skilled workforce.
  • Emphasis on professional and technical education.
  • Preference for private-sector and multinational jobs.
  • Global consumer culture: malls, brands, digital platforms.
  • Nuclear families and urban living.
  • Use of technology, social media, and digital services.
  • More individualistic and achievement-oriented.
  • Aspiration for upward mobility and global standards of living.
  • Selective modernity—modern in lifestyle but often traditional in family and marriage.

Dominant Middle Class in the Globalized World

Economic Dominance

Key beneficiaries of globalization and neoliberal policies. Control over the knowledge economy, services, and skilled labor markets. Influence over urban economies and consumer markets.

Cultural Dominance

Sets cultural norms related to success, lifestyle, and consumption. Media and advertising largely cater to middle-class aspirations.

Political Influence

Strong influence on public opinion, policy debates, and governance. Focus on issues like corruption, efficiency, urban infrastructure, and digital governance. Less focus on rural and marginalized concerns. Growth of the new middle class coexists with rising inequality. Benefits of globalization are unevenly distributed.

Labour in the Unorganized (Informal) Sector

Unorganized sector labour includes workers who lack job security, written contracts, social security, and legal protection.

  • Construction workers
  • Street vendors and hawkers
  • Domestic workers
  • Auto-rickshaw and delivery workers
  • Small factory and workshop labourers
  • Low and irregular wages
  • Long working hours
  • No social security (PF, pension, health insurance)
  • Unsafe and unhealthy working conditions
  • Exploitation by contractors and employers

Forms the largest segment of urban labour and maintains the urban economy at low cost.

II. Unemployed Skilled Labour

Unemployed skilled labour refers to educated and technically trained individuals who are unable to find suitable employment.

  • Mismatch between education and job market needs
  • Jobless growth in urban industries
  • Automation and use of technology
  • Overproduction of degree holders
  • Frustration, stress, and loss of dignity
  • Underemployment and informal jobs
  • Brain waste and social instability

III. Rising Unhoused Migrant Labour

Unhoused migrant labour consists of rural migrants working in cities without proper housing, often living in slums, pavements, or temporary shelters.

  • Rural poverty and agrarian distress
  • Lack of employment in villages
  • Demand for cheap labour in cities
  • Overcrowded slums or roadside shelters
  • Poor sanitation, health risks, and insecurity
  • Lack of access to public services
  • Vulnerability to exploitation and eviction
  • Exclusion from welfare schemes due to lack of documents
  • Social isolation and marginalization

IV. Impact on Urban Society

  • Growth of urban poverty and slums
  • Increased inequality and informalization of labour
  • Pressure on urban infrastructure and services
  • Social tensions and labour insecurity