Lokesh Bag
The Supreme Court of India, in its review judgment of the Punjab and Haryana High Court, delivered a verdict on August 1, 2024 allowing states the authority to sub-classify reserved category groups, such as Scheduled Castes (SCs) and Scheduled Tribes (STs), for the purpose of reservations. This judgment has sparked widespread debate, especially concerning its implications for the Scheduled Castes, or Dalit, community.
As a Dalit myself, I will focus on the sub-classification of Dalits. This decision raises some critical questions that demand careful examination. The key concerns are not about disparities within the SC community but rather about the broader mechanisms of oppression and discrimination that have historically marginalized Dalits as a whole.
One must ask: does disparity within the Scheduled Castes stem from “forward” Dalits? If not, who is truly responsible? Is there even a valid concept of “forward Dalits,” or is this another attempt to create unnecessary divisions within an already marginalized group? Additionally, there is another assertion by the Supreme Court that the Scheduled Castes are a heterogeneous group, which requires critical examination.
Consider the Valmiki community. How many students from this group miss out on reservation benefits due to systemic barriers like poor infrastructure, economic dependence on caste Hindus, and pervasive caste discrimination? Many children from this community are forced to drop out of school because their environments do not support their academic growth or well-being. They face a lack of basic amenities in rural areas, subpar education systems, and persistent discrimination. How many of these children make it through school, complete college, or pass competitive exams to secure jobs through reservation?
The reality is that a significant number of Dalits, including the Valmiki community, are left behind—not because of so-called “forward” Dalits who have achieved success, but because the entire system is rigged against them from the start. The blame for this widespread exclusion lies not with upwardly mobile Dalits but with the Savarna-dominated government and the overrepresentation of upper castes in decision-making roles. How can one expect fair treatment or equal opportunities when those in power have no understanding of—or even a vested interest in preserving—the systemic discrimination faced by Dalits?
Moreover, aren’t there Mahar or Jatav families who have never secured a Group A or Group B job through reservation? Are we now to believe that even securing a Group C or D job through reservation automatically makes one “forward”? Should we assume that if a certain percentage of Mahars or Jatavs secure higher-level jobs, the entire caste can be labeled as “forward”? The individuals who manage to access some benefits of reservation often become advocates for others within the Dalit community. I think this is precisely why Savarnas attempt to villainize them.
While Arjun Meghwal’s political success might suggest the progress of his caste, caste-based violence and social exclusion against Meghwal caste members persist. The brutal murder of Indra Meghwal, a student, who was killed simply for drinking from an upper-caste vessel, is a stark reminder that a Dalit’s life holds little value in the eyes of Caste Hindus. Did Arjun Meghwal’s rise to ministerial post stop caste Hindus from discriminating against other Dalits of the Meghwal caste? The answer is a resounding no.
Now let’s address the argument that Scheduled Castes form a heterogeneous group. I strongly disagree. It may seem like they are heterogeneous if you focus on the different forms of untouchability. The operation of untouchability may change from village to city, but the core experience remains the same. In villages, it is more overt and violent, while in cities, it is subtler, manifesting in discrimination in jobs, education, and social interactions. But whether in rural or urban settings, all castes under the Scheduled Castes category are still treated as “untouchables” by caste Hindus, regardless of how the discrimination plays out. He is by birth Untouchable and neither any merit nor any economic progress can change that identity.
Dr. B.R. Ambedkar in his note to the Indian Franchise Committee on behalf of the Depressed Classes (1932) said: “Once an Untouchable always an untouchable has been the rule of Hindu social life. This is it’s cardinal feature and it is this which distinguishes it from the class system in which the social status of the individual rises or falls not with that of the community to which he belongs but with his personal merits and demerits.”
This discrimination is evident in practices such as using the phrase “Not Found Suitable,” a blatant tool to deny Dalits university seats and government jobs. This phrase has been weaponized to systematically exclude qualified Dalit candidates from key positions. When reserved posts remain vacant, it is not just a denial of opportunity but a deliberate effort to maintain the status quo. The 2023 report of parliamentary committee on welfare of Scheduled Castes and Scheduled Tribes clearly shows that the backlog in filling SC/ST posts is a major factor contributing to the continued disadvantage faced by many Dalit communities. Instead of addressing these pressing issues, the focus on sub-classifying Dalits diverts attention from systemic failures of the governments.
Justice Gavai in his judgement noted, “What the people belonging to the categories who are availing a large chunk of reservations and denying special treatment to the less privileged among them are doing, is what the people from the higher castes have done to these people for centuries, keeping them away from mainstream society for no fault of theirs.”
There is no substantial evidence to support the idea that Dalit groups who have benefited from reservations have systematically oppressed or excluded other castes or sub castes within the Dalit community in the manner that caste Hindus have done to all Dalits. It is the caste Hindus who are directly responsible for the systemic oppression of Dalits. Dalits, who have managed to secure certain advancements through reservations, should not be framed as oppressors of other castes within the Dalit community. The progress made by these groups is not encroachment on the rights of other Dalits, but rather as a legitimate reclaiming of their long-denied rights.
This rhetoric of blaming upwardly mobile Dalits for the limited progress of others only serves to create divisions within the community. Such divisions benefit Savarna political parties, whether liberal Congress, Hindutva-aligned BJP, or leftist CPIM. Despite their ideological differences, these parties share a common interest in preserving upper-caste dominance.
Justice Gavai also remarked, “Placing a child studying at St. Paul’s High School and St. Stephen’s College in the same category as a child in a remote village school violates the equality principle enshrined in the Constitution.”
While this observation highlights educational disparities, it oversimplifies the impact of caste. Dalit students in elite schools still face caste-based discrimination. Assuming that elite education erases systemic inequities ignores the privilege and social capital that upper-caste students inherit—advantages often inaccessible to Dalit students. For instance, upper-caste students frequently benefit from extensive familial networks that offer mentorship, facilitate job referrals, and provide undue advantages in viva exams and private-sector hiring processes. They often grow up in environments where fluency in English, confidence in public speaking, and familiarity with academic or corporate culture are nurtured from an early age.
Justice Pankaj Mithal has drawn on various religious texts, including the Gita and the Skanda Purana. While I won’t address every citation he has made, it is clear that his interpretation of the Skanda Purana is deeply flawed and misleading. Worse, he selectively quoted only verse 31 while ignoring verses 31 to 34 from Chapter 239 of the Nāgara-khaṇḍa, which are essential for understanding the text in its proper context. This selective and inaccurate approach distorts the true meaning. The verse from the Skanda Purana actually states:
“31-34a. A man is no better than a Śūdra at birth. He is called a Brāhmaṇa (Twice-born) only after consecration. The ability to curse and bless, the states of being angry and pleased, and the status of being the foremost in all the three worlds are attributes exclusive to a Brāhmaṇa. There is no relative equal to a Brāhmaṇa, nor is anyone comparable to a Brāhmaṇa in all the three worlds. If a sacred thread is given to a Brāhmaṇa while Lord Janārdana is asleep, the entire universe becomes Brāhmaṇical. There is no doubt about this.”
This translation is completely opposite to the interpretation provided by Justice Pankaj Mithal. He devoted several pages to arguing that Varna and caste are distinct and that scriptures don’t endorse caste. Justice Pankaj Mithal’s view blatantly pushes the Savarna narrative, attempting to whitewash the harsh realities of caste discrimination and the undeniable role Hindu scriptures play in perpetuating it. Dr. Ambedkar and even Mayawati ji opposed the term “Harijan,” yet Mithal used it in his judgment, referencing Gandhi’s contribution for Dalits. These references show his complete ignorance and shallow understanding of Caste, Reservation, and the Anti-Caste movement—unless, of course, his intent is deliberately malicious.
He further noted in his judgment “In the Constitutional regime, there is no caste system, and the country has moved into a casteless society except for the deeming provision under the Constitution for the limited purpose of affording reservation to depressed classes, SCs/STs/OBCs. Therefore, any facility or priviledge for the promotion of the above categories of persons has to be on a totally different criteria other than the caste may be on economic or financial factors, status of living, vocation and the facilities available to each one of them based upon their place of living.”
This statement doesn’t sound like the words of a learned judge. He’s essentially claiming that India is now a casteless society except for reservations. What kind of joke is this? When exactly did India become casteless? Caste discrimination continues to permeate every aspect of life—from education to employment, housing, social interactions, and even access to justice. Furthermore, by labeling reservations as a privilege, he misrepresents the reservation system, which is a corrective measure designed to address historical inequalities.
By proposing that benefits for these groups should be based on factors other than caste and caste discrimination, he completely disregards the core reason for Dalit reservations. You can’t treat all types of reservations the same. Reservation for Dalits is fundamentally different from those for OBCs. Dalit reservations exist because of the historical and ongoing caste-based oppression and systemic exclusion these communities face. They were never about economic status alone, but about correcting centuries of structural discrimination and social marginalization by providing the community representation that they rightfully deserve. Reservation for Untouchables (now Scheduled Castes) originated from the Poona Pact, a negotiation between the Untouchables and Caste Hindus. Dr. Ambedkar signed it on behalf of the Untouchables after M.K. Gandhi’s hunger strike forced a compromise, denying them a separate electorate. No changes to the pact should be made without consulting Dalits. The reservation system was designed to ensure representation in decision-making, not to annihilate caste system—that responsibility lies with the Caste Hindus, not Dalits.
The castes that constitute Scheduled Castes in the Presidential List form one unified class under the Constitution. The Constitution does not grant any authority—neither to the judiciary nor to the state to make any changes to the list. Any such move must be resisted to ensure that the original intent remains intact: to provide collective representation and empowerment to all Scheduled Castes without any further fragmentation.
Solutions must focus on dismantling systemic barriers. This includes enforcing anti-discrimination laws, introducing caste-sensitization courses in schools and colleges, filling backlogs in reserved posts, improving educational infrastructure, and ensuring that government schools provide quality education comparable to elite institutions. Financial assistance and scholarships should target economically disadvantaged Dalits without undermining their rightful claim to reservation. Instead of dividing an already oppressed community, efforts must prioritize collective upliftment and address systemic inequalities with renewed vigor. Only then can we honor the constitutional promise of equality and justice for all.
References
Dr. Babasaheb Ambedkar: Writings and Speeches, Volume 2. Government of Maharashtra, p. 295.
Gavai, Justice Bhushan R. Judgment on Sub-Categorization of Reserved Categories (SCs and STs), Supreme Court of India, 1 August 2024, pp. 264, 276.
Mithal, Justice Pankaj. Judgment on Sub-Categorization of Reserved Categories (SCs and STs), Supreme Court of India, 1 August 2024, pp. 39-45, 52–53.
Tagare, G.V. (Translator). The Skanda Purana. Chapter 239 of the Nāgara-khaṇḍa, verses 31–34a. Accessed November 22, 2024. https://www.wisdomlib.org/hinduism/book/the-skanda-purana/d/doc502218.html.
~~~
Lokesh Bag is a Dalit writer and film critic with a postgraduate degree in Agricultural Entomology.
