Representational nature not maintained; review petition mooted against SC verdict giving reservation to economically backward people in forward castes

NEW DELHI: Organizations of backward castes are planning to submit a review petition against the verdict of the Supreme Court giving reservation to economically backward section in forward castes. The verdict has not considered how the economic reservation will affect the representation of the those who were kept away from the power centers and in the process of law making.

The organizations will convey a meeting in Kochi to discuss about giving review petition.

Senior lawyer and National Judicial Academy former director, Prof. Mohan Gopal, said that the verdict distances the people from the social contract in which representation was given to those who were kept away from power and rights. He said that this cannot be called as an economic reservation but only as a forward caste reservation.

Mohan Gopal said that if it was an economic reservation then every poor person is entitled to it irrespective of caste and religion. On one side there is representational reservation for every section of society. On the other side there is caste reservation. The aim of reservation is not economic empowerment. Economic reservation will give more wealth and power to higher castes.

In polytechnic college a backward person was denied admission because he got lower than 700 rank while a forward caste person below 7000 rank got selected through reservation. These kinds of issues will be faced by backward communities because of this verdict.

The 10% reservation was taken by 50% general quota. Assistant Professor of Kerala University, Dr. Biju AV said that this is challenging the 50:50 ratio of the law and constitutional structure. This will reduce the appointment of general section by 40%. According to the 2011 census data the Indian population has 16.6% Scheduled Caste, 8.6% of Scheduled Tribes and 41.1% of OBC.

Backward Community Development Department former director, VR Joshi, said that this verdict will result in the communalization of social communities and strengthen the caste system. The main observation in the verdict is that the current reservation must be reviewed. He said that it was only in the 1990s that the backward communities received 27% reservation as per Mandal Commission recommendations.