The Jat community has been protesting in Haryana for reservation in jobs and colleges under the Other Backward Classes (OBC) quota. The community is demanding to be declared OBC (other backward class), which will help them secure the 27 percent OBC reservation in government jobs.The Special Backward Class quota offered by the Khattar government, on the basis of their economic status, has been rejected by the Jats.

About Jat community :

• Jat people as a traditionally agricultural community in Northern India and Pakistan. Primarily of Hindu, Muslim and Sikh faiths, they now live mostly in the Indian States of Haryana, Punjab, Delhi, Rajasthan and Uttar Pradesh and the Pakistani provinces of Punjab and Sindh.
• Jat constitutes 2 per cent of India's population, 29 per cent of Haryana's population, 25 per cent of Punjab's population, 10 per cent of Delhi's population, 15 per cent of Rajasthan's population and 8.6 per cent of Uttar Pradesh's population (17 percent of Western UP). However, Punjab's Jat community is almost all Sikh and are not part of the current Jat reservation agitation.

History of protests:

• The issue goes back to the 1990s. As per the reports, the Jat quota stir can be traced back to the Mandal commission report of 1991. They have rejected inclusion in the Central OBC list by the National Commission on Backward classes (NCBC). In 2008, Jats again made a demand for the quota.
• The All India Jat Arakshan Sangharsh Samiti (AIJASS) is the body spearheading the agitation and demand. It is headed by Yashpal Malik a real estate businessman, who is active in Ghaziabad and Noida.
• In 2012, a survey was conducted in six states on the directives of the commission to review the economical and social status of the Jats. States like Haryana and Uttar Pradesh were also included in the survey. In Haryana, the survey conducted compared the Jats to higher castes. In Haryana, it was found that Jats occupied a social status equivalent to higher castes.
• In 2014, Jats were included in the Central OBC list. March In 2015, the Supreme Court set aside the notification.
  The Supreme Court had made it clear that caste alone cannot be the reason to approve reservation for a certain community. The apex court had said that to determine backwardness of a community, social backwardness should be the prime concern.

Jat reservation Bill, 2016 :

• The Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Bill, 2016, was passed unanimously by Haryana Assembly by voice vote in the 2016 assembly session.
• The State Cabinet cleared the bill that proposes to provide reservation to the politically-dominant Jat community and four other communities -- Jat Sikhs, Tyagis, Bishnois and Rors.
• The bill proposed to give statutory status to Backward classes Block 'A', Backward classes Block 'B' and Backward classes Block 'C' by enacting the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016, and request the Central Government to include this Act in the 9th Schedule read with Article 31B of the Constitution of India.
• The bill provides for increase in percentage of reservation in Schedule I, II and III for Class I and II posts for BC 'A', BC 'B' and BC 'C' from 10 percent, five percent and five percent to 11 percent, six percent and six percent respectively.
  While some of the Jat communities welcomed the bill, other said the bill has not done enough for the Jat community.
• Opponents described the passage of the bill as a "black day" for Haryana and regarded it as a "murder of democracy".

Criteria for 'creamy layer' :

• Haryana Government notified the criteria for exclusion of the creamy layer (those earning more than Rs 6 lakh per annum) from the Backward Classes as per the schedule appended to the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutional) Act, 2016.
• The children of persons having gross annual income of up to Rs 3 lakh would first of all get the benefit of reservation in services and admission in educational institutions.
• The left-out quota would go to such class of Backward Classes of citizens as earn more than Rs 3 lakh but up to Rs 6 lakh per annum. The sections of the Backward Classes earning above Rs 6 lakh per annum would be considered as creamy layer under Section 5 of the Act.
• Haryana Government had still not issued notification for taking out creamy layer from quota granted to Jats and five other communities.
• Several Jat communities expressed their displeasure over State’s Government apathy and demanded notification prescribing income limit under creamy layer for availing reservation under BC (C) category.
• After the February’s Jat agitation, which had paralysed normal life in Haryana and affected Delhi and other neighbouring states too, the State Government had brought in a law to provide reservation for Jats and five other communities under a newly carved Backward Classes (C) category.

Revisiting the OBC quota scheme :

Taking advantage of its huge numbers in both Houses of Parliament, the ruling government planned to revisit the existing scheme of OBC reservation to provide incentive of reservation to those OBC groups that have not yet enjoyed the perks of quota for some reason through multiple measures :

• First, the Other Backward Classes Bill will be reintroduced to give constitutional status to the National Commission for Backward Classes (NCBC) under Article 340 in the forthcoming winter session.
• Second, the government plans to examine the "extent of inequitable distribution of benefits of reservation among castes and communities included in the broad category of OBCs" in the Central List.
• Third, the government is emphasising on sub-categorisation within OBCs for a "more equitable distribution of reservation benefits among OBCs", as claimed.
• Fourth, the government has enhanced the creamy layer ceiling from 6 lakh to 8 lakh.
• Finally, the Union Cabinet has resolved to identify posts in public sector undertakings and financial institutions that will be marked in the creamy layer category to exclude them from the 27 per cent OBC reservation.

Purpose behind these measures :

In all probability, these measures are not taking place in isolation but have a dubious purpose :

• First, the party aims to change the electoral dynamics of lower castes in its favour by manipulating its policy orientation.
• Second, the proposed measures are adopted to gradually overhaul the reservation system.
• Prudently or helplessly, the opposition parties are not able to voice substantive questions on these measures due to a decline in their concern for the idea of social justice.

Reformist concern :

• There is a strong need to audit the present system of reservation on the line of why it did not work meaningfully to address the concerns of social justice.
• There is need to assess the aggregate outcome in terms of socio-educational progression of the OBCs and accordingly devise more strong measures like their sub-categorisation to overcome the gaps.
• But before doing all these, the government should first release the Economic Caste Census 2011 for a judicious preparation to address the OBC questions.
• Further, a provision of reservation for OBC women should also be thought of to ensure gender justice.

How did the OBC categorisation evolve :

• The Mandal commission in its recommendation in 1980 had suggested 27% reservations at the central level, for a list of the backward classes.
• This category was subsequently termed ?Other Backward Classes‘ and clubbed together nearly 5,000 castes.
• The first central OBC list was a compromise between the list of OBCs in the Mandal Report and the various existing state lists.
• The Centre has since expanded the list, often including newer castes to meet political exigencies.

Rationale behind the current move :

• As OBC is a group of castes, it was found that certain better empowered castes among the OBCs cornered the benefits for themselves.This defeats the very purpose of reservations.
• In order to address this, a commission has been recently created to explore the creation of subcategories for reservation within the central list of OBCs.
• This is also in line with the proposals submitted by the Ministry of Social Justice and Empowerment, the National Commission for Backward Classes and a Parliamentary Standing Committee.
• It is to be noted that, many state OBC lists already have subcategories and the system has worked.
• Also, there are no legal restrictions for sub-classification of the OBCs on the basis of their levels of progress as per the ?Indira Sawhney Judgment -1992‘.

Political implication :

• Creating OBC subcategories may force reconfiguration of the OBC politics and end the leadership role of certain dominant castes.
• The reservation policy will be exhausted of its transformative possibilities at some point and the signs are already there in the Jat, Patel and Maratha mobilisations.
• Even the creamy layer concept, which was to make reservations more equitable has been ineffective, mainly due to pressure from influential sections for frequently raising the income bar.
• Hence, the process must be effectively shielded from political interference.

Concept of class :

• The very concept of a class denotes a number of persons having certain common traits which distinguish them from the others.
• In a backward class, under Article 16(4) or 15(4), if the connecting link is the social backwardness, it should broadly be the same in a given class. If some of the members are far too advanced socially which in the context, necessarily means economically and educationally, the connecting thread between them and the remaining class shatters. They would be misfits in the class.
• After excluding them alone, would the class be a compact class. In fact, such exclusion benefits the truly backward. The difficulty, however, arises how and where to draw the line.For, while drawing the line, it should be ensured that it does not result in taking away with one hand what is given by the other. The basis of exclusion should not merely be economic, unless, of course, the economic advancement is so high that it necessarily means social advancement.

Conclusion :

• Let the incentive of reservation percolate down to that group/family among the OBCs that could not get the benefit of reservation for any reason.
• Similarly, we also need to revisit the religious sanctity of the SC and ST categories and incorporate the similarly placed caste groups present in the Christian and Muslim communities in these categories so as to equalise the benefit of the aggregate outcomes of reservation.
• In the absence of a correct and comprehensive policy, the political executive, owing to the deterioration of the electoral process will continue to create layers of backward classes, religions and racial groups where even 90% quota will not be adequate.
• The ruling government should not turn the issue of OBC reservation problematic in the want of creating a 'neo-Mandal' mobilisation to its favour. Rather, it should come forward with a policy plan with a strong conviction of reducing the marginality of socially oppressed groups, be it public or private.