Call for nationwide protest against SC sub-classification verdict on Aug 21

New Delhi: A confederation of Dalit and Adivasi organisations have called for nationwide protest demanding a central law to nullify a Supreme Court judgement allowing sub-classification of Scheduled Castes (SCs) in the quota system, claiming that it affects their Constitutional rights.

The National Confederation of Dalit and Adivasi Organisations (NACDAOR) also urged Prime Minister Narendra Modi to immediately release caste data of employees in the union government to present the “correct figure” of representation, as it has the data of caste of SC, ST and OBC employees.

Its demand also includes sacking of Solicitor General Tushar Mehta with NACDAOR Chairman Ashok Bharti claiming that the law officer took “ill-conceived” position in the court without consulting stakeholders that hurt the Constitutional rights of SCs.

Announcing the August 21 protest, Bharti told a press conference, “the government wants the SCs, STs and OBCs to fight against each other. It should release the caste-based data of employees, as it has collected such details of SCs, STs and OBCs and it will provide a clear picture about the castes that are represented.”

The government is deliberately not providing this data, he alleged.

He said around 60% of central government employees are not from SC, ST or OBC categories while accusing it of presenting a narrative to divide the underprivileged classes.

“The Modi government talks about creating Hindu Rashtra. How will you make a Hindu Rashtra by discriminating against SCs, STs and OBCs? BJP’s Hindu Rashtra is actually ‘Savarna Rashtra’ (upper caste’s country) which does not do justice to the underprivileged,” Bharti said.

Bharti, who also wrote to the Prime Minister raising the demands, said what is needed is “legislative action” to ensure that the existing quota regime is not tampered.

He also wondered how a seven-member Bench could suggest ‘creamy layer’ for SCs and STs when a nine-member Bench in the Indira Sawhney case that dealt with OBCs had categorically stated that this concept would not apply to the SCs and STs.

“Government must take immediate steps to ensure 50% of judges in High Courts and Supreme Court are from SC, ST and OBC categories. Till this 50% representation is achieved, appointment of judges from over-represented communities should be prohibited,” he said.

He rejected contentions that economic criteria should be the basis for reservations citing instances of a Dalit IPS officer getting a security cover to ride a horse for his marriage and religious authorities purifying a temple after a senior Dalit politician’s visit. “This shows that it's not economics but caste and untouchability that is the issue,” he said.

Bharti also said the NACDAOR will approach the Supreme Court soon to review the judgement and if it is not successful, it will hit the streets again to persuade the government to bring a Bill in Parliament.