0

Caste-Based Reservations and Affirmative Action: A Legal Outlook

Articles , , ,

Abstract

Caste-based reservations and affirmative action policies have been pivotal in addressing historical social inequalities in countries like India. This article provides a legal overview of the topic, focusing on the Indian context as a case study. Examining the constitutional framework, landmark Supreme Court judgments, and ongoing debates, the article explores the delicate balance between rectifying historical injustices and promoting meritocracy. As reservations evolve to include economic criteria and confront intersectionality, the legal landscape continues to shape the contours of affirmative action, necessitating ongoing dialogue and nuanced perspectives.

Introduction:

Caste-based reservations and affirmative action policies have been the subject of significant legal discourse and societal debate in many countries, particularly in the context of addressing historical social inequalities. This brief legal article aims to provide an overview of the legal aspects surrounding caste-based reservations and affirmative action. Caste-based reservations and affirmative action are social policies aimed at addressing historical inequalities and promoting inclusivity. Particularly prominent in countries like India, these measures involve preferential treatment for historically marginalized communities. Rooted in constitutional frameworks, the legal aspects surrounding these policies play a crucial role in shaping social dynamics and opportunities. This brief explores the legal landscape and societal implications of caste-based reservations and affirmative action.

Legal Framework in India:

In India, the Constitution provides for affirmative action measures through various provisions, most notably Articles 15(4) and 16(4), which empower the state to make special provisions for the advancement of socially and educationally backward classes. The concept of reservations was initially introduced to uplift the Scheduled Castes (SCs) and Scheduled Tribes (STs) who had historically faced social discrimination.

Over time, the scope of reservations expanded to include Other Backward Classes (OBCs) as well, as per the recommendations of the Mandal Commission. However, the implementation of reservations has faced legal challenges, with arguments centred around issues of equality, meritocracy, and the perpetuation of caste-based identities[1].

Legal Challenges and Supreme Court Judgments:

The Indian judiciary has played a crucial role in shaping the contours of caste-based reservations. Several landmark judgments have addressed the constitutional validity of reservation policies. In the case of Indra Sawhney v. Union of India (1992), the Supreme Court upheld the constitutional validity of reservations but imposed a cap of 50%, emphasizing the need to balance the interests of the reserved and unreserved categories.

The ‘creamy layer’ concept, introduced through subsequent judgments, aimed to exclude economically advanced individuals within reserved categories from the benefits of reservations, addressing concerns related to perpetuating social and economic disparities. The Constitution does not lay down any specific bar but the constitutional philosophy being against proportional equality the principle of balancing equality ordains reservation, of any manner, not to exceed 50%.[2]

The Indian judiciary has significantly influenced the landscape of caste-based reservations through landmark judgments. In the pivotal case of Indra Sawhney v. Union of India (1992), the Supreme Court affirmed the constitutional validity of reservations while imposing a crucial limitation by capping it at 50%. This cap underscored the Court’s emphasis on striking a balance between the interests of reserved and unreserved categories.[3]

Subsequent judgments introduced the innovative ‘creamy layer’ concept, a mechanism designed to exclude economically affluent individuals within reserved categories from reservation benefits. This concept directly addresses concerns about perpetuating social and economic disparities within these communities. As a result, the judiciary has played a key role in refining reservation policies, ensuring they align with constitutional principles and promote a more equitable distribution of opportunities.

Ongoing Debates and Emerging Challenges:

While caste-based reservations have undoubtedly contributed to social upliftment, ongoing debates focus on the need for a more nuanced and dynamic approach. Critics argue that a static reservation system may perpetuate caste identities and hinder merit-based selection processes. Proponents, on the other hand, emphasize the historical injustices faced by certain communities and the continuing need for affirmative action.

The emergence of new challenges, such as intersectionality and the inclusion of economically backward sections, adds complexity to the debate. Striking a balance between rectifying historical injustices and promoting a meritocratic society remains a persistent challenge for policymakers and the judiciary. In the realm of caste-based reservations, the undeniable positive impact on social upliftment is countered by ongoing debates calling for a more nuanced and dynamic approach. Critics argue that a static reservation system risk perpetuating caste identities and potentially hindering merit-based selection processes. On the opposing side, proponents underscore the historical injustices faced by specific communities, asserting the ongoing necessity for affirmative action.

Adding complexity to the discourse are emerging challenges, such as the consideration of intersectionality and the inclusion of economically backward sections within the reservation framework. Achieving a delicate equilibrium between rectifying historical injustices and fostering a meritocratic society stands as a persistent challenge for both policymakers and the judiciary. As the dialogue unfolds, the need for a comprehensive and adaptable approach to affirmative action becomes increasingly apparent in navigating these intricate issues.

Conclusion:

Caste-based reservations and affirmative action are complex issues with far-reaching legal implications. While the legal framework in India acknowledges the need for affirmative measures, ongoing debates and legal challenges underscore the evolving nature of this issue. Achieving a delicate balance between social justice and meritocracy requires continual dialogue and a nuanced understanding of the diverse factors at play. Caste-based reservations and affirmative action, critical for addressing historical inequalities, pose complex challenges with profound legal implications. In India, the legal framework recognizes the imperative for affirmative measures, yet ongoing debates and legal challenges highlight the dynamic nature of this issue. Caste only cannot be the basis for reservation.[4]

Striking a delicate balance between social justice and meritocracy demands sustained dialogue and a nuanced understanding of diverse factors. Navigating this evolving landscape necessitates ongoing legal and societal discourse to ensure effective, fair, and adaptive policies.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By: Gauri Joshi

[1] SCC Online

[2] Indian Kanoon- Indra Sawhney Etc. Etc vs Union Of India And Others

[3] Indian Express

[4] Case Mine

0

Caste will have no role in appointment of temple priests, rules Madras High Court.

Blog, blog , , , ,

Case Title: Muthu Subramania Gurukkal   … Petitioner 
                            

                                Versus

The Commissioner,Hindu Religious and CharitableEndowment Department and  Anrs                                                              … Respondents

Date of Decision:   Reserved on :21.6.2023
                               Delivered on :26.6.2023 

Coram: The Honourable Mr.Justice N.ANAND VENKATESH 

Citation: WPNo.3997 of 2018 & WMP.Nos.4916 and 4948 of 2018 & 12136 of 2022.

Introduction:

Caste will have no role to play in the appointment of priests in temples, ruled Madras High Court on Monday. The HC also allowed trustees to appoint any person well-versed and qualified to perform the ‘pooja’ as per the requirement of temple rituals. The court gave the order while hearing a plea by Muthu Subramania Gurukkal against an advertisement issued by the Hindu Religious and Charitable Endowment (HR&CE) department. The advertisement called for applications for the positions of Archakas/Sthanikam of Sri Sugavaneswarar Swamy Temple in Salem.

Facts:
The petitioner hails from the family of Sivachariyars and their family has been performing the poojas from time immemorial and the position of Sthanikam was occupied as a hereditary right. Accordingly, after his grandfather, the petitioner took over the position as Sthanikam and was performing the poojas. The customs and usages were the basis for occupying the
position as Sthanikam and every time when there is a change in the Sthanikam, a letter of intimation used to be give to the Authorities, who also granted approval subsequently.

The grievance of the petitioner is that respondents 2 and 3, all of a sudden, issued the impugned advertisement calling for applications for appointment to the position of Archakas/Sthanikam of the subject temple and that the impugned advertisement infringes
upon the hereditary right of the petitioner and others, who are rendering their services as per the customs and usage in the line of succession from time immemorial. Accordingly, the impugned advertisement has been put to challenge in the above writ petition.

Issues:

  • Whether the appointment of a priest is by itself a secular function or a religious practice?
  • Whether appointment of an archaka is governed by the usage and hereditary succession is a religious usage?

Legal Analysis:

The Madras High Court on Monday made it clear that caste has no role to play in the appointment of archakas (temple priests) to temples in Tamil Nadu. The only qualification for being appointed as an archaka is being well-versed in the Agama principles applicable to the concerned temple, and the person selected has the required knowledge and is properly trained and qualified to perform pujas. 

“It is made abundantly clear that the pedigree based on caste will have no role to play in the appointment of Archaka if the person so selected otherwise satisfies the requirements,” Justice N. Anand Venkatesh ruled on Monday disposing a writ petition. The petition was filed by Muthu Subramania Gurukal in 2018 challenging a notification issued by the Executive Officer (EO) of Sri Sugavaneswarar Swamy Temple in Salem. He also said the notification infringes upon his hereditary rights to hold the position of ‘Sthanigam’, as he was serving in the temple as per customs and practices in line of succession. The petition also insisted that every priest appointment in temples have to be made according to the Agama principles followed by the temple.

Dismissing the petition challenging the powers of the EOs to appoint the archakas or priests, Justice Anand Venkatesh said, “It is always left open to the trustees to appoint Archakas/Sthanikam in Agamic temples by ensuring the Archakas/Sthanikam are well-versed, properly trained and qualified to perform the pujas as per the requirements under the agama.” The court also instructed the EO to issue a fresh advertisement for appointing the archakas/sthanigam and asked the petitioner to participate in the due selection process. 

Citing a Supreme Court judgement which held “the appointment of a temple priest is a secular function and hence there is no question of claiming a hereditary right. The archaka is expected to be well-versed in gamines and necessary rituals,” Justice Anand Venkatesh observed. He added that any person belonging to any caste or creed can be appointed as an archaka provided he is well-versed in Agama principles. 

The judgment comes two years after the DMK government appointed 24 trained non-brahmin priests to various temples governed by the Hindu Religious and Charitable Endowment (HR and CE) department in Tamil Nadu. The DMK government, within a month after it took over in May 2021, revived the priest training schools and went ahead appointing archakas belonging to all castes.

Judgement:

Justice N Anand Venkatesh said that the only requirement for one to be appointed as archagars (priests) of temples in Tamil Nadu should be that one is well versed in the Agamic (temple traditions) principles of the concerned temple and that one was adequately trained to perform temple rituals.

The High Court made the observation while disposing of a writ petition filed in 2018. The plea challenged a notification issued by the Executive Officer (EO) of the Sri Sugavaneswarar Swamy Temple in Salem district of Tamil Nadu, calling for applications to fill up the post of Archagar or Sthanigar (temple priests).

The petitioner had insisted that priests should inherit the position. He had told the Court that the notification infringed upon his hereditary rights to hold the position of a priest as he had been serving in the temple as per customs and usages in the line of succession for years.

 The writ petition is disposed of with a direction to the third respondent to issue an advertisement in line with the observations made supra and the Archakas/Sthanikam shall be appointed for Sri Sugavaneswarar Swamy Temple, Salem. The petitioner shall be permitted to perform the poojas till the appointment of the Archakas/Sthanikam. It is also left open to the petitioner to participate in the selection.

Conclusion:

Caste will have no role to play in the appointment of priests in temples, ruled Madras High Court on Monday. The HC also allowed trustees to appoint any person well-versed and qualified to perform the ‘pooja’ as per the requirement of temple rituals. The High Court allowed the petitioner to participate in the selection process but said that persons belonging to any caste can become temple priests.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

 JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR

Click here to view Judgement