Quota Politics UP Government To Include 17 OBC Groups Among Scheduled Castes

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By moderator July 8, 2019 14:37

A move by our UP government to include 17 OBC groups among the Scheduled Castes has drawn sharp criticism.

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  • Ahead of Uttar Pradesh government has comprised approx 17 communities who are having a location together with all the Other Backward Classes from the Scheduled Castes list.
  • Along with the Improvements Include — Nishad, Bind, Mallah, Kewat, Kashyap, Bhar, Dhivar, Batham, Machua, Prajapati, Rajbhar, Kahar, Potter, Dhimar, Manjhi, Tuhaha, and the Gaur.
    • Actually, most of the 17 castes would be very backward, and the many lives on small work in rural places. Like Nishads make earn money from your fishing and the Kumhars earn money from making a few earthen pots.
  • Actually the June 24 letter by the UP Social Welfare Department, delivered to each of the divisional commissioners as well as the district magistrates, describes the arrangement of the large court of Allahabad (dated March 29, in the year of 2017) and the directs district authorities to issue the caste certificates according to the arrangement after the examination of their records.

Background

  • In the Entire Year of 2005, the government of UP amended the Uttar Pradesh Public Services Act, 1994, to Offer the reservation for the SC, ST, and the OBCs from the public Agencies and the Articles, and also it includes the 17 OBC castes from the Listing of The SC.
    • In fact, the Allahabad High Court quashed a modification, terming it unconstitutional because the Parliament has some sole power to generate an addition.
    • The Mulayam had directed a number of the district authorities to issue the SC certifications into the 17 OBC castes following the move has been cleared by the cabinet.
    • However, the center did not clear his proposal.
  • At the year of 2013, all the authorities of the UP cabinet cleared the exact same proposal, but the Centre once more rejected it.
    • At precisely the exact same year, the country Assembly also had passed a resolution asking the Centre to incorporate the 17 castes from the list of the SC caste.
  • At the year of 2016, the Government of UP using all the cabinet draining the proposal, now after consulting with the legal specialists and also obtaining a survey that’s conducted during the SC-ST Research and Training Institute, an autonomous body.
    • On the other hand, the authorities chose to send the new proposal to the Centre, using the argument that these instances are like those instances which are already recorded as SCs.
      • Even though the proposal was rejected before, the state authorities maintained that the legal experts had suggested the 17 cases could be given the advantages that are expected to SCs by adding a clause to a present telling of the Personnel Department.
    • Actually, the issue reached the Allahabad High Court, but at an interim arrangement on March in the year of 2017, the court observed that if any certifications were issued on the basis of these notifications, these can be subject to the results of the litigation.

Political Significance

  • This movement is regarded as an endeavor to supply the socially and the economically backward paths together with the advantages of the reservation after eliminating some lawful irritants which have postponed the issue previously.
  • According to a Quote from the UP Backward Classes Welfare Department, the 17 castes make up approx 15% of the Population of This Nation. Each of the castes from the SC record gets more government rewards compared to just one in the OBC caste list.
  • Additionally, because the OBC caste population is big, there is some close competition among the OBC classes for its booking benefits. If those 17 castes are transferred to the record of those SCs, they’ll face less competition since the SC population is rather modest.

The difference between an OBC and SC

  • While a very social, educational and the economic backwardness are typical qualifications for the classes, SCs draw such backwardness out of untouchability.
    • For OBCs caste, aside from societal, educational and the financial backwardness, lack of sufficient representation from the government articles and also the services is a standard.
    • The rights guaranteed under the Constitution into the SCs would be to fix the historic wrongs of untouchability, and critics argue that the accession of another caste from the team dilutes that guarantee.

Procedures for listing a caste as an SC

  • The title’Scheduled Caste’ derives from the simple fact that this can be an annexed as a Schedule to the Constitution.
  • The article 341(1) of This Constitution prescribes the Process for Seeing the castes as”the Scheduled Castes”.
    • In Accordance with the Process to make the Improvements or the deletions into the Program with an amending the Worried Presidential Order for the Country under the Article 341(2), the Nation Authorities first Suggest modifying the Program.
    • Just proposals Which are agreed by the Registrar General of India and the National Commission for Scheduled Castes are introduced as a Bill in the Parliament.
    • This process had been adopted by the Ministry of Social Justice and the Empowerment from the calendar year 1999 and has been amended in the year 2002.
  • The same provision exists for the Scheduled Tribes under the Article 342.

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moderator
By moderator July 8, 2019 14:37