Lesson 7 Affirmative Action in India: Intersectionality of Caste, Class and Gender Important Notes

 

Lesson 7 Affirmative Action in India: Intersectionality of Caste, Class and Gender

Affirmative action is process to lessen inequality that is the result of certain ascribed identities in the society. Democratic countries all round the world have adopted some kind of affirmative action programme for groups that are at the bottom of the ladder due to structural in equality. In India one such identity is caste that had drawn constituent makers to take certain steps to redress this inequality.

Caste System in India: Theoretical Explorations

G S Ghurye (1932) while discussing Caste system in India tried to underline some characteristics of caste system which are as follows:

(a) Hierarchy

(b) Restrictions on inter-dining

(c) Restrictions on inter-caste marriage

(d) Restrictions in freedom of occupation

(e) Segmental division of society

B.R Ambedkar (1936) while agreeing with G.S Ghurye characteristics also pointed out this fact that caste system kills the unity and prevents nation to be built up. In order to prevent the menanace of caste system to further infiltrate the new independent Indian Nation, Ambedkar had categorically crafted Article 15 of the Indian constitution that prohibits any kind of discrimination based on caste, religion, race.sex etc and this was re enforced through Article 38 that said that welfare of the people would be done by the state irrespective of religion, caste class etc.

This is done to uplift their status and it is promoted through discussions in print media, representative culture and thirdly use of English education. Rajni Kothari (1973) says that casteism in politics is no less then politicisation of caste. It is a system in which both the forces of caste and politics are brought nearer to each other. Specific purpose of organising public activity is through nature of interaction and differential organisation of caste system. Rajni Kothari has deciphered three ways where politics uses caste organisation. Firstly through secular aspect that is based on segregation principle of endogamy.

Breaking through territorial restraint and widening of occupational forces. Secondly Integrative approach strengthened by caste system. In this wider loyalties are structured through prevailing differentiation and it involves competitive style of democratic politics by broadening ideological base. This involves segmentation and identification system in which leadership was forced to make concerns to local opinion.

Weakening of older identities created space for creation of politicised values and gave rise to new changes. Consciousness is third aspect which was the result of sanskritization, westernization and secularization processes that has occurred through liberal education, patronage and slowly expanding franchise. Secular involvement has fostered new attitudes and offered new rewards. It has exposed caste and communal ties. Close identification with one caste alienates other caste. Political parties gain stability only by involving all major communities.

One direct result of interaction between caste and politics has been mapped by Rudolf and Rudolf (1987) who discussed about rise of bullock cart capitalist after green revolution was implemented in 1960’s. These groups belonged to lower caste that rose to prominence and asserted themselves in Indian politics. This led to setting up of Mandal commission that ultimately created other backward classes who were erstwhile lower caste groups and who gave new direction to Indian politics. This was mapped by Christopher Jaffrelot (2003) when he saw rise of Other Backward Classes in North Indian states as India’s Silent revolution.

Other Backward Classes where Caste and Class Intersects

While the policy of reservation for scheduled caste and tribes was implemented at the time framing of Indian constitution. This was not extended to other backward classes. This was due to contested power politics emerging at that time that failed to see them as disadvantaged group. The policy of reservation was extended to gain political benefits rather than actually trying to institutionalize equality for this category. Showing disdain towards caste structure, Nehru brought in category of ‘Other backward classes’.

The semantic equivalence between “class” and “caste” goes against the meanings of these two words. One of the reasons for extending reservations to OBC’S was that it reflected in graded inequality rather than a sharp distinction between Scheduled Castes and caste Hindus.

As a result first backward class commission recommended 2399 so called OBC caste which constituted 32 % of whole population as per 1931 census. However with a vision to make India modern, the first backward class commission report is shunned out. Political compulsions of the time again brought in this question at the fore front. This was because Nehru’s preferential policy towards class ignored the Indian reality of caste. Also other backwards classes reservation policy was being implemented in non-congress ruled states. With janta party coming to power second backward classes commission by name Mandal commission was set up. After this commission’s recommendation, policy of preferential treatment was extended to other socially and educationally backward classes.

One of the important contributions in the field of assessing the role of reservations in political sphere has been that of Christophe Jaffrelot (2003). He calls the inclusion of new groups in political process as “silent revolution”, as there has been transfer of political power from upper caste elites to subaltern groups in norther India, The proportion of OBC elected representatives went from 11% in 1984 to 25 % in 1996 whereas that of Upper caste elected officials fell from 47% to 35%.

There has been unevenness in the rise of low caste politics. For example, in states like UP and Bihar it has been more successful than in Rajasthan. c) He argues that Liberalization opened new avenues and opportunities for upper caste, and decrease in government jobs, which has substantially reduced the scope for economic and social inclusion in true sense. d) Rise in lower castes is not linear or irreversible as there is no clear cut unity among caste parties or individuals. He finds that OBCs and SCs are often at odds, due to conflicting class interests, explicitly reflected in the struggle for power between Samajwadi Party (SP) and Bahujan Samaj Party (BSP) in UP.

 

Courts Stand in OBC reservation

The courts have also played significant role in determining whether caste could be used as class for analytical purposes, and deciding the targets of reservation policies. Firstly, in several cases, courts have endorsed the caste based definition of OBC. The Supreme Court in Minor P. Rajendran vs. State of Madras (1968) opined that: “A caste is also a class of citizens.”

In N. M. Thomas case, the court forced the importance of creamy layer among OBCs, whereby those individuals whose family income fell above an agreed threshold, would be exempted from the benefits of reservation policy. In Ashok Kumar Thakur, the courts opined that, as the reservations for SCs and STs was based on multiple factors, and not just in terms of class or economic status, the concept of creamy layer could not be applied to them. Similarly, the courts held that reservations will not apply for Minority institutions and “superspeciality” or technical posts.

Thus we see that the implementation of Mandal commission in reservation policy has again caste into political arena. This was affirmed in Indra sawhney vs Union of India case when Supreme Court judges had declared that ‘A caste can be and quite often in a social class in India’. It had also curtailed congress government’s initiatives in 1991 to implement reservation based on economic criteria only.

Women, Caste and Reservation

Political participation of women has been a simmering debate across globe. The demand for equal political rights was at the centre of the discourse which led to the rise of feminist movements in the west during nineteenth century. Historically, different kinds of arguments were developed in order to justify women’s exclusion from the political sphere. One of the assumptions was about Nature vs. Culture (John, 2005: 63-64) dichotomy that drew justification for women’s confinement to private sphere on the basis of their natural role in society.

Philips advocated a combination of “politics of presence” and “politics of ideas”, and gave four main reasons for the need of female representatives in response to such above mentioned claims. The first issue was about “symbolism”, whereby the formerly excluded groups could get a sense of being represented and hence considered as equals in true sense. This symbolic representation, according to Philips, was important regardless of the outcomes such inclusion could ensure. The second argument was that there was a need for formerly excluded groups to be a part of formulating the agenda and changing the existing norms to ensure that their interests could be included. The third argument was about the importance of “experience” in policy making.

Philips advocated a combination of “politics of presence” and “politics of ideas”, and gave four main reasons for the need of female representatives in response to such above mentioned claims. The first issue was about “symbolism”, whereby the formerly excluded groups could get a sense of being represented and hence considered as equals in true sense. This symbolic representation, according to Philips, was important regardless of the outcomes such inclusion could ensure. The second argument was that there was a need for formerly excluded groups to be a part of formulating the agenda and changing the existing norms to ensure that their interests could be included. The third argument was about the importance of “experience” in policy making.

It is this assumption of a universalized notion of women as a category that has invited severe criticism for both Anne Phillips and Iris Marion Young. It is argued that it seems to suggest that women are timeless subjects who are united by only a single term called “patriarchal oppression”. It also seems to signify that all women face same kind of oppression. Critics have questioned this homogenized sense of understanding women’s oppression. Feminist critics of different hues- Black, Postcolonial, and Dalit feminists have raised the following questions: a) how does the emergence of the interstices-the overlap and displacement of domains of difference-that inter subjective and collective experiences of nationness, community interest, or cultural values are negotiated.

Women’s Movement in India

The creation of women as political category in west was due to feminist struggles against the discriminatory political sphere. It was largely based on the assumption that the foundation on which citizenship was granted to women was gendered. However, in case of political rights for women in India, the male-female antagonism was perceived to be missing. This was because of colonialism and consequently the nationalist response to it which resulted in differential relationship between men and women in India.

In India this occurred through the nationalist re-imagination of women’s role in the freedom struggle. This in turn made Indian feminism to constantly engage with the western counterparts. One of the many aims of the “civilizing mission” (Metcalf& Metcalf 1995: 3) of British in India Based on the descriptive assessment about the status of women in India, historians like James Mill highlighted the essential differences between western and Indian women in terms of stature and position in society.

The colonial context and the responses emanating from Indian society as discussed in the preceding paragraphs made Indian women sceptical about the demands made by western feminists. Politics made culture sound different to Indian feminist. Women’s “relational self” to family, community, caste, religion etc created new subjectivity that could not be grasped from western feminist literature.

Along with this, the prevalence of caste system and other variants discussed multiple dimensions of gender oppression that questioned the Indian-ness of women movement in India (Sangari:1995). At the same time, this Indian-ness of women’s movement needed to be distinguished from regressive forces of right wing women groups. The radical forces gave a new lease of life to dormant regressive practices such as sati (Burning widows on pyres of their husband) etc. whereupon a danger to “our”(Hindu) culture from the “other” (NonHindu) was projected to instigate communal division.

 

Intersectionality of Caste and Gender

While women’s movement was attempting to construct its distinct identity by challenging the universalistic notion of individual, at the same time dalit feminists were raising new queries in India. Dalit women were often characterized as poorest of the poor, who live in most disadvantaged conditions. The nature of violence and oppression experienced by dalit women is complex and manifold. As a result “caste and gender” debate occupied a significant place in Dalit feminists do not treat the category of woman as “universal”. So they argue that dalit women and upper caste women need to talk differently.

Thus gender ideology legitimizes patriarchy but also organization of caste. According to Sharmila Rege, a binary between upper caste and dalit women is created and legitimated through scriptural texts whereby former is righteous (pativrata) woman and other is characterless women. In this process the “Savarnisation of Womanhood” and “Masculinisation of Dalithood”,

Thus while upper caste women experience systematic family violence, the dalit women face the collective threat of rape, sexual harassment from upper caste forces over and above domestic violence. The creation of subjectivity or subject-hood in the context of Indian women were mediated by both a) the colonial movement and the response to it in form of nationalist movement b) the creation of different voices within women movement based on caste. These differences helped in ascertaining the claims for quotas for these groups. As the difference from west was articulated, similarly the Indian women’s demand for quotas were different compared to west. These processes on the one hand resulted in voices for quotas for women being dormant and on the other hand when it arose it did recognize the distinct voices of the dalit women.

 

Case of Reservation for Women in India

The colonial encounter influenced the perception of modernity for Indian women. As a result of this mediating factor, women embraced modernity with a tinge of “Indian-ness”– one in which the nationalist forces tried to show their superiority from west in cultural /spiritual sphere resulting in them becoming the champions of women’s rights. It also pushed forward women’s concerns of education, without many hindrances that did not create conditions for demand of quotas unlike the west and at the same time educated women also started demanding the right to vote for themselves.

It is interesting that women’s demand for votes and political reform was not based on specificity of women needs but for their contribution to the future of the nation. A deeper analysis of this phenomenon of “new patriarchy” created by nationalist resolution that imbibed in women certain structures weaved around Indian culture.

This state of affairs continued even after Independence. However the publication of “Towards Equality Report” exposed this myth. It mapped the condition of women in India after independence. The findings pointed at the invisibility of women and led to a resurgence of women’s movement in India. It for the first time recommended quotas for women in the political sphere. Even this report was not without controversies as most of the members rejected the idea of quota.

Despite this recommendation coming in 1973, no action was taken till 1993 when political opportunism compelled the government to enact 73rd and 74th Amendment Acts which made provision for reservation of seats for women in local government and this reservation system was also extended to dalit women. (Sivaramakrishnan 2000)This Amendment for the first time had reserved seats for women in India after independence and propelled many women entering Panchayats as political representatives. After the entry of women in Panchayats lot of curiosity was generated to map their participation. As a result various studies were conducted.

While women got reservation in local governance however when it came to their political presence in parliament and state legislature their condition is abysmal. Since 1950 women’s presence barely crossed 10 % mark in these bodies. Despite numerous bills being attempted to bring reservations for women has been tabled in the Parliament, it always faced a dead end. This was because it was obstructed by two opposite views that revolved around considering women only as a homogenous category on one hand and on the other hand the other group demanded quotas within quotas.

That is they wanted women reservation to be granted on their particular ascriptive identities emnating from caste and religion. Failure to revolve this tension has resulted in their miniscual presence. Though with the passage of time women have shown themselves as active political agents who are contesting elections as independents but that has not resulted in their winning the seats. As a result it becomes all the more important that women should be given reservations in these higher bodies of respresntation.