Bharat Bandh 21 August: SC/ST Groups Unite Against Sub-Categorization Verdict of SC

A nationwide Bharat Bandh on August 21, 2024, led by the Reservation Bachao Sangharsh Samiti, protests a Supreme Court ruling that allows sub-categorization within SC/ST reservations. The ruling, which prioritizes reservations for those deemed most in need, has sparked widespread concern among SC/ST

Legal Wires

Aug 21, 2024 • 3 min read

On August 21, 2024, the Reservation Bachao Sangharsh Samiti called for a nationwide Bharat Bandh in opposition to a recent Supreme Court ruling that permits the sub-categorization within Scheduled Castes (SC) and Scheduled Tribes (ST) reservations. This judgment has stirred controversy across the country, leading to protests particularly supported by SC/ST groups in Rajasthan. Various political and social organizations have joined the protest, raising concerns over the potential threat to social justice. Security forces across states, especially in Western Uttar Pradesh, have been placed on high alert to prevent possible unrest. Despite the disruptions, emergency services will continue to operate.

The Supreme Court’s Ruling

On August 1, 2024, the Supreme Court delivered a landmark verdict, ruling that states are constitutionally authorized to create sub-categories within SCs and STs for the purpose of granting reservations.
The court emphasized that those most in need of assistance should be given priority in reservation policies.
The ruling clarified that sub-classifications must be based on “quantifiable and demonstrable data” and not on “whims or political expediency”.
The decision has triggered significant debate, with opponents arguing that it could lead to an unequal distribution of reservation benefits.

Why the Bharat Bandh?

The Bharat Bandh was organized to protest the Supreme Court’s decision on sub-categorization within SC/ST reservations.
Many SC/ST groups fear that the ruling will undermine social justice by depriving certain sections of the community of their rightful share in reservation benefits.
The protesters are demanding the reversal of the court’s decision, asserting that all sections of the SC/ST community should continue to receive equal benefits under the reservation system.
Rajasthan has become a central hub for the protest, with SC/ST groups gaining support from various social and political organizations.

Support for the Protest

The Reservation Bachao Sangharsh Samiti has received backing from a wide range of social and political organizations, particularly in Rajasthan.
Protesters argue that the ruling threatens the principles of social equity, which is vital for India’s marginalized communities.
They are also calling for the preservation of the existing reservation system, which they believe is critical for ensuring the upliftment of SC/ST communities.

Security Measures and Police Preparedness

In response to concerns over possible unrest, police forces across multiple states have been placed on high alert.
Western Uttar Pradesh has been identified as a particularly sensitive region with a history of communal tensions during protests.
Director General of Police (DGP) UR Sahoo emphasized that security measures have been ramped up: “We have asked our officials to organize meetings with groups calling for the bandh, as well as with market associations, to facilitate better cooperation.”
Senior police officials have conducted video conferences with district magistrates, divisional commissioners, and other top police personnel to ensure public safety during the bandh.
Authorities are striving to ensure that protesters remain peaceful and law-abiding, minimizing disruptions to daily life.

Public and Emergency Services

Public transport and private offices are expected to remain largely non-operational during the Bharat Bandh.
Essential services, including ambulances and other emergency medical services, will remain functional to meet any urgent needs.
Rajasthan Minister Jogaram Patel urged restraint, stating: “The Government of India has made its stand in this regard very clear, that the decision has to be accepted but after examining it, all sections have to be spoken to. This is the stand of the State Government too… Government is alert (regarding the Bharat Bandh), be it police administration or district administration, they are deployed everywhere across the district. I urge all sections to indeed speak up but in a peaceful manner and not cause any obstruction.”

Demands of the Protesters

Protesting groups have put forth several demands, including the rejection of the Supreme Court’s judgment, which they claim threatens the constitutional rights of SCs and STs.
The protesters are calling for a new Act of Parliament on reservations for SCs, STs, and OBCs, which would be safeguarded by inclusion in the Ninth Schedule of the Constitution.
They are also demanding the release of caste-based data on SC/ST/OBC employees in government services to ensure accurate representation of these communities.
Another key demand is the establishment of an Indian Judicial Service to recruit judicial officers and judges from all sections of society, with a target of 50% representation from SC/ST/OBC categories in the higher judiciary.
Protesters are also urging the government to fill vacancies in central and state government departments as well as in public sector undertakings.
Finally, they demand that private sector companies benefiting from government incentives or investments should implement affirmative action policies to promote social inclusion.

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