Dalit-tribal organizations have called for a 14-hour Bharat Bandh on Wednesday against the Supreme Court’s decision to implement creamy layer and quota within quota in Scheduled Caste and Tribe reservation. An organization called National Confederation of Dalit and Tribal Organizations has called the Supreme Court’s decision against the constitutional rights of Dalits and tribals and has demanded the central government to cancel it.
1. What decision has the Supreme Court given?
In fact, recently the Supreme Court has given its verdict in the case related to quota within quota. The Constitution Bench of the Supreme Court ruled with a majority of 6-1 that the states have the right to create quota within quota for reservation. That is, the state governments can create sub-categories for the Scheduled Caste and Scheduled Tribe categories, so that the most needy can get priority in reservation. The state assemblies will be able to make laws regarding this. With this, the Supreme Court has overturned its old decision of 2004. However, the court also said that the basis of sub-categories should be appropriate. The court said that doing so is not against Article 341 of the Constitution. The court had clearly said that 100% quota cannot be given to any one caste within the SC. Apart from this, before deciding the quota of any caste included in the SC, there should be solid data of its share. This decision was given by a bench of Chief Justice DY Chandrachud, Justice BR Gavai, Justice Vikram Nath, Justice Bela M Trivedi, Justice Pankaj Mithal, Justice Manoj Mishra and Justice Satish Chandra Sharma.
2. Why is there protest?
This decision has become a matter of controversy across the country. Those opposing it believe that this has put a question mark on the fundamental principles of the reservation system. Many organizations have called it against the reservation policy. They say that this will have a negative impact on the existing reservation system and the concept of social justice will weaken. Those opposing it argue that this reservation for the Scheduled Castes and Tribes is not for their progress, but to provide them justice for the social harassment they have faced. The argument is also that these castes, which have been victims of untouchability, should be considered as one group. They are calling it a conspiracy to end reservation.
3. Why was Bharat Bandh called?
The main objective of Bharat Bandh is to challenge the decision of the Supreme Court and demand its withdrawal and put pressure on the government. The organizations say that the Supreme Court should withdraw or reconsider the decision of quota within quota. NACDAOR has appealed to Dalits, tribals and OBCs to participate in the peaceful movement on Wednesday.
4. What demands have been made…
The organization has demanded the release of caste data of SC, ST and OBC employees posted in government jobs and the appointment of judicial officers and judges through the Indian Judicial Service. NACDAOR says that caste-based data of SC/ST/OBC employees in government services should be released immediately to ensure their accurate representation. An Indian Judicial Service Commission should also be established to recruit judicial officers and judges from all sections of the society so that 50 percent representation from SC, ST and OBC categories is ensured in the higher judiciary.
The organisation says that all backlog vacancies in central and state government departments as well as public sector undertakings should be filled. Private sector companies benefiting from government incentives or investments should implement affirmative action policies in their firms.
5. Which organisations and parties are involved in the strike?
Apart from Dalit and tribal organizations, regional political parties of different states are also supporting Bharat Bandh. These include Samajwadi Party, Bahujan Samaj Party, Bhim Army, Azad Samaj Party (Kashiram), Bharat Adivasi Party, Rashtriya Janata Dal in Bihar, LJP (R) and other organizations. Congress has also supported the bandh. These organizations say that the Supreme Court’s decision is against the basic principles of reservation and it should be withdrawn.
6. Will the services not be affected?
During Bharat Bandh, essential services like hospitals, ambulances and emergency will operate normally. Government offices, petrol pumps, schools-colleges and banks may also remain open. Public transport and rail services will also remain operational. However, no official information has been given regarding the shutdown. The shutdown may affect meat and liquor shops.
8. Where the police and administration are on alert…
The widespread impact of the shutdown can be seen especially in states like Rajasthan, Uttar Pradesh, Bihar, Madhya Pradesh, Jharkhand, Chhattisgarh. In Rajasthan, holidays have been declared in schools of five districts including Jaipur, Dausa, Bharatpur, Gangapur City, Deeg. Apart from this, holidays have also been declared in schools in Jhunjhunu and Sawaimadhopur districts.
Source (PTI) (NDTV) (HINDUSTANTIMES)