‘Internal reservation to put equals in one basket’

Justice HN Nagamohan Das, who heads the Commission to collect data for classification of internal reservation among SCs and submit recommendations to the state government, spoke to TNIE about the survey.
Justice HN Nagamohan Das
Justice HN Nagamohan DasPhoto | NAGARAJA Gadekal
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Those who have enjoyed the fruits of reservation have to sacrifice a little in favour of those who have not....Enumerators will conduct a door-to-door survey from May 5 to 17 to collect data for classification of internal reservation among Scheduled Castes (SCs).

Justice HN Nagamohan Das, who heads the Commission to collect empirical data and submit recommendations to the state government, spoke to TNIE about the survey and the commission’s work. Excerpts.

Could you tell us about the commission and its purpose?

The Constitution provides reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs). SCs enjoy 17 per cent reservation and STs get 7 per cent. Yet, only some SC sub-castes benefit from this reservation. Some of the deprived sub-castes fought for internal reservation and on August 1, 2024, the Supreme Court in the Davinder Singh case said providing internal reservation is in accordance with constitutional provisions.

The Court also held that it is nothing but an extension of equality specified under Article 14 and for social justice. The Supreme Court said the governments are competent to provide internal reservations. Thus, the Karnataka government came forward to provide internal reservation and constituted this commission for providing internal reservation.

On what basis should internal reservation be provided?

The Supreme Court specified that internal reservation is to be provided based on empirical data, by finding out their educational backwardness, inadequacy of public employment, and social backwardness. This empirical data is not available in Karnataka. We have the 2011 census and the Justice AJ Sadashiva Commission reports. But these are 14 years old.

There are certain ambiguities with regard to Adi Andhra, Adi Karnataka, and Adi Dravida. There is a need for a proper bifurcation. On March 27, 2024, my commission submitted a report to the state government, following which orders were issued for a fresh survey of only SCs in Karnataka.

How is the survey going to be done?

A questionnaire has been prepared. A handbook guiding enumerators, trainers, and also community leaders campaigning for internal reservation has been prepared. Training of master trainers at the state, district and taluk levels, and enumerators has been completed.

We have appointed 58,932 teachers and Anganwadi workers, and 5,894 supervisors. The survey will be done in three stages. In the first, enumerators will go door-to-door from May 5 to 17, 2025.

In the second stage, those left out can visit the camp set up at panchayat headquarters and give a self-declaration of their caste, family, and other details between May 19 and 21. In the third stage, people can submit their details online between May 19 and 23, 2025. The survey is being done through a mobile app.

The commission already has the total number of SCs falling under 101 categories, and now this exercise is to bifurcate them into the appropriate categories...

True. As per the 2011 census, there were over 1.04 crore SCs in Karnataka. Now, this number may be more. The number of families might have increased. Maybe their education, employment, income, profession, etc has changed. All this is necessary for creating internal reservation as per Supreme Court guidelines.

What documents should people give during the survey?

There is a lot of migrant population in Karnataka today. According to reports in newspapers, there are over 20 lakh migrant employees in Karnataka. What we want is they must be residents of Karnataka and belong to SCs. We are demanding a caste certificate. If that is not available, they can show ration card or Aadhaar card.

What is the fate of the Jayaprakash Hegde/Kantharaju Commission reports which projected the SC community’s population as 1.5 crore?

Those reports are not available to me. When we commenced the commission’s work, we wrote to the state government to provide the reports. So far, they have not been provided. Therefore, I cannot comment based on rumours or other information.

Are you going to suggest removal of some castes included in 101 SCs because of political reasons?

Classification is being done to find out educational backwardness. There may be some communities that are advanced in education, there may be some which are very backward. Similarly, some of the castes are very well present in Class A and Class B posts and there are some castes, who have not even become attenders. People from some castes have become MLAs and MPs, but those from some other castes have not even become panchayat members. Putting unequals in one basket is nothing but perpetuating inequality. The purpose of internal reservation is to put equals in one basket.

Have you taken secondary sources of information from KPSC and government departments?

We have the 2011 census and AJ Sadashiva survey reports. We have also written to all universities in Karnataka to provide details of SC students, lecturers, and non-teaching staff. We have written to all 43 state government departments to provide details — the presence of SCs and how many are in Class A, B, C and D, along with sub-castes. The same has been sought from corporations.

The objective is not just to gather figures. We have to analyze and find out why some people remain without reaping the benefits of reservation for the past 75 years. Scientific classification is necessary. Reservation is to be allocated on priority basis. Those who have enjoyed the fruits of reservation for the last 77 years after Independence have to sacrifice a little in favour of those who have not enjoyed the fruits of reservation.

What is scientific classification?

It is a classification based on literacy rate. Education alone is not the criteria. Presence in public employment and how they are inadequately represented in public administration, political administration, and also their social backwardness should be considered.

That is what the Supreme Court said in its judgment and used two words -- homogeneous and heterogeneous -- relying on several reports at the all-India level. It said the SCs are not homogeneous but they are heterogeneous. This commission also studied the condition of SCs in Karnataka. Though 101 castes are recognised as SCs, they are not equal and there are a lot of differences in many aspects. A cumulative effect of all these should reflect in classification.

Is there any time-frame to submit the report?

We are expecting survey reports by May-end, along with information sought from other sources. The next stage is data analysis. The sooner we complete it, the sooner reservation can be done.

How many questions does the questionnaire have?

Broadly 46 questions have been formed, there are some sub-questions. The Adi Andhra, Adi Karnataka and Adi Dravida will be asked to provide their sub-castes. The questionnaire will also focus on education, public employment, political representation, land holding, housing, profession, occupation and income. In the 2011 census, there were 140 questions, and in the survey conducted by the OBC commission in Karnataka, there were more than 142 questions.

How are you going to cross-verify the data provided?

We will address them in the analysis part. The state government already has data of 18.5 lakh SC families. There may be another 3-4 lakh families. We are using electronic applications so that everything can be verified quickly.

How do you plan to tackle cases of fake caste certificates?

Fake caste certificates are an issue we cannot directly address. There are caste verification committees functioning in each district under DCs. Anybody can go and file a complaint with these committees if they come across cases of fake caste certificates. There is a system to deal with it.

What about people who have converted to other religions?

Those who have converted from Hinduism to Buddhism or Sikhism are treated as SCs. Those who have converted to Islam or Christianity are not provided with reservation. There is a demand from these people seeking an extension in reservation. For this, the Central government constituted a commission under the chairmanship of former Chief Justice of India KG Balakrishnan. The commission is on the job. Six months ago, they visited Bengaluru and held a public hearing to gather information.

The Bhovi community has objected to the survey as their profession was not taken into consideration...

Their apprehension is unfounded. The handbook clarifies the usage of the app. There are columns seeking professional details, and around 80 have been listed. There is another column asking about people’s traditional occupations, with a long list of details. There is also a column stating others, where people can file their details.

Do you think the survey will unite or create a divide among communities?

The ambition is to unite. In 2019, the Karnataka government appointed my commission to hike reservation -- from 15 to 17 per cent for SCs, and from 3 to 7 per cent for STs. I had meetings across the state. Some SC communities said we may increase reservation, but what is the use for them? They told me that only by increasing reservation they will not be benefited, as some powerful and well-to-do among them will benefit.

Then I realized the real problem of internal reservation. How can they be united if they are denied benefits for many years? To bring them together, give them space, opportunity, quota, and a little more of what they actually deserve. Through this, unity can be achieved.

In admission to schools and colleges, caste certificate is becoming mandatory. Is that right?

It’s necessary. Poverty, unemployment, health issues, illiteracy, being shelterless and landless are more among lower castes than upper castes. They need different types of treatment. Until and unless their caste is known, it cannot be done. Dropouts in primary education are more among these castes, and to retain them they have to be facilitated with midday meals, uniforms, bicycles etc. The caste census helps the state in framing policies for their development.

What do you say of the Central government announcing caste census?

I welcome the decision and request it to do it as soon as possible, and do it with its real purpose.

There were allegations about the Kantharaju Commission not conducting door-to-door surveys, what’s your opinion?

I cannot comment on that as the survey report was not provided to me.

Will your survey be cent per cent?

There cannot be 100% surveys anywhere in the world. Our target is not to miss out anyone. Internal reservation means not excluding a single person who is already enjoying the benefit of reservation, not including who is excluded.

Have you gone through implementation of internal reservation in Telangana, Haryana and other states?

We have studied data and legal frameworks. They have taken a decision to implement it, but it is not yet fructified and recruitment is yet to take place.

Is conducting the survey in urban areas challenging?

Yes, it is. In a city like Bengaluru, with 1.2 crore population, there are 1,200 slums where 80-90 per cent of SCs live. The remaining 15-20 per cent are spread across the city. We will go to their doors, and if they are not found or do not disclose their caste for social reasons, they can declare their details online. We are pressing for more enumerators in urban areas.

How many families does each enumerator attend to?

Each enumerator is allotted 120-130 families.

Will the Central survey report be helpful and will you share data with them?

When the Centre does it, our report is always open to update, nothing wrong in it. Only on the basis of the current situation are we going to classify quota, and if we get new information in another two, three or four years it can be updated.

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