Supreme Court Judgment Opens Up Debate On Religion-Neutrality Of OBC Classification, Pg10

Key Highlights:

• The Supreme Court recently ruled that an Other Backward Classes (OBC) Hindu person loses reservation entitlement upon converting to another religion.
• This judgment by Justices Prashant Kumar Mishra and Shree Chandrashekhar was delivered on October 15.
• The ruling introduces a debate on the religion-neutrality of OBC classification, which has been in place since the 1992 Indra Sawhney vs. Union of India judgment.
• The Court emphasized that the "source of social backwardness" must be considered, linking OBC reservation for Hindus to their "membership of that Hindu social order".

Detailed Insights:

• Historically, Scheduled Castes (SCs) have been identified by a religion criterion, while Scheduled Tribes (STs) classification has never considered religion.
• Prior to this judgment, OBC classification was based on 11 social, educational, and economic backwardness indicators, without inquiring about an applicant's religion.
• The Supreme Court acknowledged that educational and economic backwardness might persist for a convert, but their choice of faith places them in a different "social order".
• This judgment subtly departs from the Indra Sawhney case, which viewed caste as having permeated all faiths in India, differing only in degrees of operation.
• The 1992 Indra Sawhney judgment did not require examining the "source of social backwardness" when determining OBC status for communities.

Key Concepts Involved:

• Other Backward Classes (OBCs): A collective term used by the Government of India for castes that are educationally or socially disadvantaged.
• Scheduled Castes (SCs): Groups historically subjected to untouchability and granted affirmative action under the Indian Constitution.
• Scheduled Tribes (STs): Indigenous communities recognized by the Constitution, often residing in remote areas, and also granted affirmative action.
• Indra Sawhney vs. Union of India (1992): A landmark Supreme Court judgment that upheld the 27% reservation for OBCs but introduced the "creamy layer" concept.