This is an issue, which often hit the
headlines as we saw in the Justice Karnan episode. Is there a better way to
handle caste matters, other than aggravating them?
Col R Hariharan
The unsavoury episode of Justice CS
Karnan has left a many red faces, not only in the Supreme Court, but among all
of us, including the “enlightened” citizens. From the popular perspective,
repeatedly reinforced by the media, there is absolutely no justification
for his unconscionable behaviour. Of course, it was an aberration waiting
to happen, because of the systemic flaws in the Collegium system to the higher
judiciary. It has been done without applying the limited systemic checks before
his appointment.
Thanks to Justice Karnan, the selection
system’s soft underbelly has been exposed. But as a nation that loves to
endlessly debate every issue, without quickly acting, we can expect no radical
change in the system after the Karnan episode. As the Supreme Court is
inclined to defend its turf, probably some cosmetic changes would be made in
the system. It may sound cynical, but that is way we handle problems, following
the Middle Path (with no offense to Gautama Buddha), rather than bite the
bullet to take hard decisions.
But, this article is not a legal
critique of Justice Karnan’s judicial misconduct. This is also not an apology
for the theatrics that accompanied the misconduct. It is to take a closer look
at the national issues it signals.
COURSE CORRECTION
For too long, we have ignored such
misconduct from those occupying high offices, both in bureaucracy and politics.
They usually belonged to powerful non-dalit segments that call the shots and we
invaribaly chose to ignore them for that reason. But Justice Karnan suffers the
double whammy of being a Dalit, holding a high office. That is one reason
for the high decibel outrage.
Karnan's caste muddies the waters in
making a dispassionate analysis of his misdemeanour, because the nation is
dominated by the upper and middle castes. Our founding fathers, driven by
social consciousness, introduced reservations for Dalits and tribals, who were
traditionally marginalised from the national mainstream. When lawmakers made
the transient arrangement a permanent feature of the constitution, they perpetuated
the caste differences further. 'Mandalisation' was a part of it and
strengthened caste stratification. Now, more castes are vying to be classified
as more backward than others, in a nation that is trying to move forward.
We have been living with the anachronism of caste identity, rather than
competency, becoming the lifeline.
It is immaterial whether we consider
caste reservation right or wrong. Already for two generations caste identity
has become a huge source of power. It is here to stay, be it politics,
governance, education or employment.
Caste plays a key role in shaping not
only political perceptions, but also our social discourse. It is obvious in
matrimonial columns, where caste takes priority over racism, seen in our
preference for fair skin. Less obviously, it permeates our private conduct
as well, thanks to the social conditioning we receive from childhood.
We would be living in cuckoo land, if
we believe we can amend the constitution to abolish caste reservations. The
constitution did not invent castes; it only gave it a statutory recognition.
Caste panchayats had been there from times immemorial. Castes were based on
hereditary occupations, somewhat like the trade guilds that flourished in
Europe in the 16th and 17th centuries. These panchayats became the dispensers
of both social justice and social security. They provided the muscle in caste
confrontations as also led the palaver to resolve such confrontations. The
reservation policy has queered this system, because caste based occupations
have given way to knowledge-based ones.
Dalits and marginalised communities have taken advantage of it to climb up the social ladder. Though occupations have changed, the system based on caste identity has not vanished. In fact, they have been reinforced by political parties that pander to divisive identities of caste. Almost all political parties have separate cells for dealing with various castes. In urban areas, political parties or their factions are operating the morphed version of caste panchayats.
Dalits and marginalised communities have taken advantage of it to climb up the social ladder. Though occupations have changed, the system based on caste identity has not vanished. In fact, they have been reinforced by political parties that pander to divisive identities of caste. Almost all political parties have separate cells for dealing with various castes. In urban areas, political parties or their factions are operating the morphed version of caste panchayats.
TN CASE
In my state of Tamil Nadu, caste
reservations were institutionalised two decades before Independence. The
government of Madras presidency (which included the whole of Tamil Nadu
state) led by chief minister Dr P Subbarayan (father of Communist
leader-turned Congress minister Mohan Kumaramangalam) implemented caste
based reservations in 1927. Actually, it was implementing an earlier Government
Order (G.O.No. 613) of 1921 that introduced caste
based reservations. The government's implementation order G.O. Ms. No.102 of
1927 introduced reservations for Dalits, Christians and Muslims; it also
reduced reservations for Brahmins from 22 percent to 18 percent and for other
castes from 48 percent to 42 percent.
I remember when the order was abolished
in my state after independence, my non-Brahmin classmates observed a day of
protest, boycotting classes and shouting slogans against the Congress party and
Brahmins, a minuscule minority hogging government jobs till then. Since then,
for three generations, Tamil Nadu has practised institutionalised caste
reservations with mixed results. Educated Dalits have clawed their way into politics
and find a place in occupations that were the preserve of other castes.
That is how many Dalits from the state
are now in state and central government jobs in high echelons. This is has been
resented by backward classes, who have also benefitted from the system.
Political turf wars based on caste equations have become essential part of
coalition forming. However, it translates into virulent caste conflicts when
politics fails to provide answers to social confrontations.
However, much of the change is more
symbolic than substance. In the 60s, my small town in Tamil Nadu, the streets
were named after the caste of the people who lived there. And nobody made
a big noise about it. Now, I find the same streets are named after national or
state political leaders. Their traditional caste tags have been dropped, often
resulting in ridiculous distortion of names; for instance, TT Krishnamachari
Salai (road) in Chennai has become TT Krishnama Salai. The state’s avowed
desire to help Dalits (called Adi Dravidas in the state) has given rise to Adi
Dravida hostels, which are really ghettos built exclusively for Dalit students.
It presents a cameo of the state's skewed approach to transform well meaning
ideas into actions, skewed by ingrained caste prejudices.
Perhaps, a study of the impact of
80-years of caste based reservations in Tamil Nadu could provide useful
pointers to handle unsavoury fall out of perpetuating reservations. It is
possible such a study has already been carried out. If so, it is time to dust
it up and take some remedial actions.
But the moot point is, are there any
takers for improving the way we handle caste issues, apart from shouting
slogans and expecting politicians to use their jugaad to handle critical
issues? I have my doubts.
Col R Hariharan, a retired Military
Intelligence specialist on South Asia, has rich experience in terrorism and
insurgency operations. He is associated with the Chennai Centre for China
Studies and the International Law and Strategic Analysis Institute.
Courtesy: India Legal | May 29, 2017 |
http://www.indialegallive.com/opinion/caste-unsavoury-reality-25964
http://www.indialegallive.com/opinion/caste-unsavoury-reality-25964