AA Debate
AA Debate
AA Debate
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THE AFFIRMATIVE ACTION
DEBATE IN INDIA
Dharma Kumar
1. Report of the Backward Classes Commission, vols. 1-2, 1980 (New Delhi: Government
of India Press, 1981). All references in the text are to vol. 1.
2. Supporters of the Mandal Report frequently allege that students were somehow coerced
into "suicide"; certainly political parties were involved in these protests, but it seems very
unlikely that all the "suicides" were involuntary. In my view, the suicides do not constitute
an argument either for or against the report.
290
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DHARMA KUMAR 291
also specifically Indian features of the debate. These may not contribute
much to the general analysis of affirmative action, but they reveal a great
deal about the social values of Indian intellectuals and their beliefs about
the possibilities of reform in India. Some of these attitudes are deep
seated, perhaps deceptively so; others reflect the political crisis of the last
few years. Three issues are discussed: the quality of policy making, the
modem role of caste, and Indian attitudes to merit.
3. We have also coined the term "Mandalists" for supporters of the report.
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292 ASIAN SURVEY, VOL. XXXII, NO. 3, MARCH 1992
sector and universities will be filled by people who could not get in on
merit, providing they belong to the right castes.
In recent years, there has been a marked deterioration in the quality of
government reports, ministerial pronouncements, and parliamentary de-
bate; the official discourse on Mandal is a particularly egregious example.
The report itself is extremely shoddy. Its potted version of Indian history
is highly slanted,4 stressing the sufferings of "the historically suppressed
and backward classes," and supporting the view that the caste system is
not losing "its traditional divisive role," a view disputed by many of the
leading social scientists of India. The report identifies "backward castes"
with "backward classes," necessary because the Constitution only refers to
"special provisions for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes and Scheduled
Tribes." There is, needless to say, much turgid writing on whether or
when castes become classes; the issue has occupied Marxists, sociologists,
and lawyers.5 But we will ignore this distinction and the legal issues.
The report's argument rests on two premises: first, that OBCs form a
very large proportion (52%) of the population, and second, that they hold
less than 5% of higher level positions in the central government. They
also form a small proportion of professionals or business executives. Since
the 1931 census was the last to collect data on caste-and even it does not
provide data on the caste composition of different occupations, let alone
senior bureaucrats or university professors-the commission had to collect
the necessary information itself. It first calculated the percentage of back-
ward castes among the Hindus, commissioning sample surveys of two vil-
lages and one urban block in each district and identifying "backwardness"
by eleven social and economic criteria. The commission also asked the
state governments to provide lists of OBCs. And finally, it made judge-
ments based on "personal knowledge gained through extensive touring of
the country and receipt of voluminous public evidences." On the basis of
4. Much space is given to the Mahabharata story of how the Brahmin teacher, Drona-
charya, made the tribal boy, Ekalavya, cut off his right thumb because he dared to claim he
was Drona's pupil. This story was repeated by politicians in the recent debate as if it were a
historical fact.
5. The history of the term is discussed in Marc Galanter, Competing Equalities (Delhi:
Oxford University Press, 1984). The legal literature appears to be particularly rich and
strange; the term "class" is sometimes used in its logical sense and sometimes as a sociologi-
cal term (I am indebted to Andre Beteille for pointing this out). Thus, in 1960 the Supreme
Court decided that roadside station masters belonged to a wholly distinct and separate cate-
gory from guards, and so there could be no question of equality of opportunity in matters of
promotion between the two; whereas in 1973 it decided that small cultivators were not a
class. People's Union for Democratic Rights, Disputed Passages: A Report on Law Reserva-
tions and Agitations (Delhi: 1990).
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DHARMA KUMAR 293
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294 ASIAN SURVEY, VOL. XXXII, NO. 3, MARCH 1992
10. K. Sundaram of the Delhi School of Economics has pointed out in an unpublished
note that matriculation is the minimum qualification for any public sector job and a graduate
degree for the better jobs. Only 2% of SCs and STs were matriculates in 1981, and only
0.25% had passed the B.A. or B.Sc. There are no figures for the OBCs, but his guess is that
not more than 1% would be graduates.
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DHARMA KUMAR 295
11. Generally known as the Miller Committee after the English judge who chaired it.
12. S. Chandrasekhar, Dimensions of Socio-Political Change in Mysore, 1918-40, (New
Delhi: Ashish Publishing House, 1985), p. 56.
13. Thomas Sowell, Preferential Policies: An International Perspective (New Haven,
Conn.: William Morrow and Co., 1990).
14. V. Venkatesan, "Mandal's Impact Already in Tamil Nadu," Times of India, August 5,
1990.
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296 ASIAN SURVEY, VOL. XXXII, NO. 3, MARCH 1992
15. P. R. Brahmananda, "Mandalism Has Not Cut Backwardness," Times of India, Octo-
ber 25, 1990.
16. On Mysore see Lelah Dushkin, "Backward Class Benefits and Social Class in India,
1920-1970," Economic and Political Weekly, 14 (1979), pp. 661-67.
17. S. Ambirajan, "What 'Reservation' Has Achieved," Indian Express, October 2, 1990.
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DHARMA KUMAR 297
18. S. Guhan et al., "South India and Reservations: A Reply to Andre Beteille," Hindu,
October 27, 1990.
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298 ASIAN SURVEY, VOL. XXXII, NO. 3, MARCH 1992
tion and unrest in the border states, have added to communal tensions in
the North.
The caste system is the "largest single cause of the present material and spiritual
degeneration of the country."19
Caste is inextricably linked with occupation, and the hierarchy of caste corre-
sponds to the hierarchy of occupations. There may have been some weakening
of the connection between caste and occupation in the colonial period, but it
was mainly the upper castes with their monopoly of education who were able to
take up the new jobs, especially in the bureaucracy. Therefore, the caste system
will only disappear when the link between caste and occupation is cut.
And, finally, the only feasible way of breaking the connection is for govern-
ment to allocate jobs to the lower castes, and in particular those jobs tradition-
ally the preserve of the upper castes.20 Reservations are necessary because the
lower castes cannot compete on their own, perhaps for generations. "In matters
of trade, government services of superior grade, [and] political and military
leadership, the Dwijas [the "twice born" or upper castes] have acquired heredi-
tary abilities."21 (It is ironic that pro-Mandalists often accuse their opponents
of asserting that the upper castes are genetically superior, a statement found
currently only in their own texts.22)
This dialectical view of caste has been adopted by others too. Thus,
Rajni Kothari states: "If you want to bring caste to an end, provide more
reservations for the backwards." Moreover, Kothari extends this argu-
ment by asserting that Mandalism is part of "a great secular upsurge"; the
OBC group brings together not only all the lower castes but also the poor
19. Statement of Third National Conference of the Socialist Party, 1959, in Rammanohar
Lohia, The Caste System (Hyderabad: Nava Hind, 1964), p. 134.
20. In all fairness, one must add that the Lohiaites had other proposals for ending the
caste system. The 1961 End Caste Conference held in Patna declared that "the caste system
can only be destroyed when intercaste marriages become common." This also required gov-
ernment intervention-the conference demanded that "government jobs should be given only
to those who marry out of their caste," ibid., p. 139.
21. Ibid., pp. 134-35.
22. Thus, a Dalit paper supporting the claim of Jats, or the peasants of North India, to be
OBCs, states that Jats are Greeks and hence anti-Brahmin. Dalit Voice, cited in Business and
Political Observer, December 6, 1990.
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DHARMA KUMAR 299
23. Rajni Kothari, "Caste and Politics: The Great Secular Upsurge," Times of India, Sep-
tember 28, 1990.
24. M. N. Srinivas, A. M. Shah, and B. S. Baviskar, "Kothari's Illusion of Secular Up-
surge," Times of India, October 17, 1990.
25. One "left" writer, M. S. S. Pandian, points out that "what is significant about the
Hindu Munnani [Hindu party] is that several of its local leaders and a large section of its
followers are drawn from powerful backward castes such as Thevars and Nadars." But his
conclusion is that the ruling party, the Dravida Munnetra Kazhagam, instead of "compro-
mising," must return to its former virulent anti-Brahminism, M. S. S. Pandian, "From Exclu-
sion to Inclusion: Brahminism's New Face in Tamil Nadu," Economic and Political Weekly,
August 1, 1990, pp. 1,938-39.
26. Times of India, December 19, 1990.
27. The CP of India did not support the Mandal Commission report when it first ap-
peared, arguing that reservations should be subject to ceilings on income "so that the affluent
sections do not grab the benefits of reservations." The West Bengal government, formed by
the CPI(M), has resisted caste-based reservations.
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300 ASIAN SURVEY, VOL. XXXII, NO. 3, MARCH 1992
28. Lok Sabha debate, September 6, 1990. These are quotations from a preliminary synop-
sis for MPs. I attended the debate and heard Gupta say that as a communist he did not
believe in caste but had to recognize that "it was there." This statement, which does not
appear in the summary, is frequently made by leftists.
29. Aditya Nigam, "Mandal Commission and the Left," Economic and Political Weekly,
December 14, 1990, pp. 2,652-53.
30. Interviews in Times of India, September 29 and October 1, 1990.
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DHARMA KUMAR 301
they have not been reformed so far is proof that they cannot be. This is
reinforced by the view that everything in India must inexorably deterio-
rate, a view apparently impervious to all evidence. Between 1968 and
1981, three separate technical committees were set up by the railways, two
to investigate the causes of railway accidents and a third to look into the
general working of the railways. All three found that the SC and ST reser-
vations, particularly in promotions, had a serious effect on staff morale;
one committee specifically attributed a large part of railway accidents to
low staff morale.31 There has been no serious discussion of these argu-
ments.
These positions have in my view little intellectual content, but they are
interesting indicators of the state of mind of Indian intellectuals today, a
dangerous combination of cynicism and impatience. For instance, all evi-
dence that things have improved for the lowest castes is brushed aside by
reciting the undeniable injustices that still exist. As recently as 1930, an
official commission that included the notable SC leader, B. R. Ambedkar,
while admitting that "there has been a great improvement in the treatment
of the Depressed Classes by Government officers in recent years and com-
plaints that they are kept out of law courts or Katcheris are rare," wanted
to add to the Government Servants Conduct Rules that "a Government
Officer is not permitted to refuse to take a paper from the hands of a per-
son or to hand it to him on the grounds that he belongs to a Depressed
Caste.32 Can one imagine an official daring to behave like this anywhere in
India today? But to point out that improvements have occurred is fre-
quently regarded as reactionary.
Cynicism also accounts for the view that all communities should be rep-
resented in the government, universities, and other institutions. This is
argued everywhere by those who believe in the importance of role models
but has special force in India for other reasons. If one points out that the
bureaucracy, universities, and hospitals are not meant to be representative
bodies but have other functions, Mandalists retort that whatever the the-
ory, the practice is quite different. If government subsidies or services are
to reach the OBCs, they must themselves be senior bureaucrats. Admit-
tedly, somewhat similar statements are occasionally made elsewhere-by
African Americans in the United States for example-but my contention is
that they are made with much greater force and frequency in India and are
not confined to the group seeking reservations.
31. "Job Reservation in Railways and Accidents," Indian Express, September 19, 1990.
32. Government of Bombay, Report of the Depressed Classes and Aboriginal Tribes Com-
mittee (Bombay Presidency: Bombay Government Press, 1930), pp. 56-57. This report is
considerably more intelligent than the Mandal Report, further evidence of the deterioration
of official discourse.
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302 ASIAN SURVEY, VOL. XXXII, NO. 3, MARCH 1992
33. Employment in government bodies is higher in the four southern states where OBC
reservations have existed for a long time than in other states, I. Z. Bhatty, "Implications for
Government," Seminar, November 1990. Several official committees have pointed out that
overmanning is one of the chief reasons for the public sector's enormous losses.
34. The desire to get benefits that one is not entitled to also leads people to identify them-
selves wrongly to census enumerators, Sharad Kulkarni, "Distortion of Census Data on
Scheduled Tribes," Economic and Political Weekly, February 2, 1991, pp. 205-208. It will be
interesting to see the effects on the 1991 census.
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