Excelsior Correspondent
JAMMU, Oct 22: Justice eludes Other Backward Classes (OBCs) in the State till date who are running from pillar to post for the last 23 years in the hope of their proper classification on the basis of Mandal Commission recommendations.
Constituting near half of the State’s population, the OBCs are a disgruntled lot at present as they have been deprived of 27 percent Mandal Commission recommendations by the successive Governments since 1992.
According to sources despite putting their case before every Government repeatedly since then, the OBCs have been denied justice at every juncture by the authorities at the helm of affairs on one pretext or the other. Unlike other states of the country where the OBCs have been given benefit of 27 percent reservations in Government jobs and admissions to professional colleges, the situation is altogether different in J&K as the Mandal Commission recommendations have not been implemented in this border State in letter and spirit. What has hurt the feelings of the OBCs in the State is that their nomenclature was changed to OSC (Other Social Caste) and shockingly they were given two percent reservations as all successive Governments dodged them on flimsy grounds, sources added.
Sources said the OBCs are such a neglected lot in the State that not to speak of giving the benefit of 27 percent reservations to them under Mandal Commission, no nomenclature of OBC category has been made in the State as they continue to be classified as OSCs.
It may be recalled that Mandal Commission during its visit to J&K for classification of castes under OBC categories in late nineties has classified 63 castes as OBCs in this border State and later some castes were deducted from the list like Gujjars and Bakerwals etc as they were given the benefit of reservations under ST quota.
Sources said that State Government instead of implementing the Mandal Commission report in toto as was done in the other states of the country through a Central Government notification, played safe on the plea that it has already made a classification of backward castes under Justice Adarsh Sen Anand Committee which in no way is different from Mandal Commission recommendations though the people belonging to OBC categories have many reservations about the same.
Taking refuge under Justice Adarsh Sen Anand Committee report, the State Government over the years has been interpreting the law in a different way to mar the rights of OBCs said, Kasturi Lal Basotra, chairman OBC Maha Sabha. The Mandal Commission protects rights of OBCs in every form which no other report has done and Justice Adarsh Sen Committee report parameters are totally different than Mandal Commission recommendations, he added.
Moreover the Justice Adarsh Sen Committee report has become null and void after the Supreme Court judgment on Mandal Commission report said Mohan Lal Pawar general secretary, OBC Maha Sabha.
Being optimistic that there struggle will yield fruit some day the people belonging to OBC categories have not given up the hope. “ We are firm in our resolve to continue the struggle and take it to its logical conclusion” said Prof. Kali Dass general secretary All India Backward Classes Union (AIBCU). He blamed the political class of the State for dodging them and playing with their cause just for their own political ends.
“We are left with no alternative but to continue the struggle for justice” said Abdul Majid Malik president AIBCU. He accused the successive State Governments of deceiving them and terms the denial of reservations to them a human rights violation also.
Malik said the people belonging to OBC categories live in abject poverty both in rural and urban belts and how their lot will ameliorate if the Government continues its policy of denial towards them. The Government invoked RBA to deprive OBCs of their right, he added.
Maintaining that OBCs are not against the reservations to other categories of people, Malik said Government should do the same under para 95 of Apex Court Judgment of 1992 on Mandal report vide Article 16(1) of the Indian Constitution by granting horizontal reservations. This will be a magic solution, he added.
The OBCs are facing injustice to such a level that under creamy layer their income has not been increased from Rs 4.5 lakh to Rs six lakh which the Centre has already done three years back, said Prof Kali Dass. He demanded issuance of OBC certificate and not OSC which can be used both at State and Central level for the benefit of reservations.
They should renew OSC certificate on the basis of income certificate for which creamy layer is meant for but the same is not done here and after every five years the OSCs are asked to frame new certificates. The caste does not change in five years however income changes and caste remains same for ever, he added.
The OBCs say it is the discrimination with Mandal Commission identified OBCs in the State.
However when contacted Minister of Social Welfare and Forests, Bali Bhagat said that he will examine the case, if the OBCs are asked to renew the caste certificate time and again as it is bad in nature because caste of a person does not change. He also said that his Ministry will look into increasing the income under creamy layer from Rs 4.5 lakh to six lakh in the State, if the same has been done in other States of the country.
The Minister maintained that the Government is not averse to grant of reservations to OBCs as demanded by them and he will study and re-examine the issue to see how far the genuine grievances of this category of people can be settled. But at the same time the Government does not like to harm the interests of people who have been already brought under 27 percent reservation category in the State, he added.
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