Sushil Manav
Tribune News Service
Chandigarh, February 18
The state government has initiated steps to bring a Bill in the Assembly’s Budget session beginning Thursday that will implement categorisation of Scheduled Castes (SCs) for admission to educational institutions.
The Haryana Scheduled Castes (Reservation in Admission in Educational Institutions) Bill, 2020, aims to sub-categorise SCs for the purpose of reservation into two — one category including Chamars, Ramdasia etc who have fairly good representation in jobs and educational institutions and the other to include Balmikis, Dhanaks etc who have lagged behind in matters of quota benefits.
The move has rattled a section of SCs who are likely to be at the receiving end of this legislation, though those who stand to benefit from it have welcomed it.
“The categorisation of SCs is aimed at dividing society. If the government is serious about welfare of deprived sections of SCs, it should first fill the backlog of quota for them, implement SCs and STs (Prevention of Atrocities) Act properly and release special component budget first,” said Karamvir Singh, president of the Confederation of SCs, STs and OBCs Organisations of Haryana.
Citing a five-judge judgment of the Supreme Court in EV Chinnaiah vs State Of Andhra Pradesh And Ors case, Karamvir Singh said the state legislature had no competence to make any law in regard to bifurcation of the Presidential List of Scheduled Castes prepared under Article 341(1) of the Constitution.
BJP Sirsa MP Sunita Duggal, herself from the “deprived” section of SCs, welcomed the move, saying it will provide justice to those who could not be uplifted despite decades of reservation. “Chief Minister Manohar Lal Khattar had made this announcement in Kabir Jayanti Rally at Jind last June. People from all sections should welcome this move,” she said. She said those opposing the move must clarify that if OBCs can be categorised, then why not SCs.
Advocate General Baldev Raj Mahajan said legal provisions on the sub categorisation of scheduled castes had changed since 2005 when the Punjab and Haryana High Court stepped in and issued directions to the state government. Quoting the Jarnail Singh case, Mahajan said the Supreme Court had in September 2018 delinked the need for quantifiable data in giving reservation and introduced the ‘creamy layer’ concept for SC and STs just as in the case of OBCs.
Other Bills to be taken up include Haryana State Council of Physiotherapy Bill, 2020, Haryana Public Utilities (Prohibition on Change of Public Utilities) Bill, 2020, Punjab Land Preservation (Haryana Amendment) Bill, 2020 and Haryana Panchayti Raj (Second Amendment) Bill, 2020.
Sub-categorisation contentious issue
Budget likely on February 28
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