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in

UNIT

13 Social Justice

The dominant groups

Learning Objectives activate racial, religious,
This Social Justice chapter – caste, lingual and cultural
Provides insights into feelings and intend to
 Several dimensions of the concept misuse the social rights of
of Social Justice other groups that may end in permanent
 Significance of Social Justice hostility between different groups. The
 The meaning and importance of struggle that is undertaken by the weaker
distributive justice. -Impact of groups in order to react for establishing
Social hierarchy equal society is known to be Social Justice.
 John Rawls perspective of fair and Background of Social Hierarchy
just society
 Social Justice Movements in Tamil The ancient Indian
Nadu. civilization had evolved
 The concept/political principle with the “Varnashrama
of Affirmative Action/Positive Dharma” which kick-
Discrimination. started the principle of
 Caste discrimination and its hierarchy i.e. Upper and
consequences Lower strata. The Varna
 Egalitarian society system is also called as “Four Varna System”
 Reservation policy and its by which people were divided as Brahmins,
essentiality Kshatriyas, Vysyas and Shudras.
 Government’s role in upliftment Those sections who have been beyond
 Privileges and its impact these Varna classification were categories
as scheduled castes and scheduled
13. 1 What do you mean by Social Justice? tribes. During the colonial period these
The negative values which are made depressed communities were classified
by the society results in inequality and as panchamas who were victims of
cleavation among people. Social power is untouchability. This division on the basis
the dominant phenomenon which leads of birth has been inculcated and socialized
to cut-throat competition and ends in along different phases of civilization from
absolute control of the subjects. It is in order which inequalities surfaced in the society.
to protect the social identity, the dominant Article 15 (4) of Indian Constitution
communities endeavor to capture the power Article 29 (2) may not act as an
sector. Among different communities in obstacle in making special policy decisions
a plural society, dominance of a single for socially and educationally backward
group is considered as unfair and unjust. communities or SC/ST people.
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Article 16 (4) of Indian Constitution special arrangements for the marginalized

This will not prevent any sort of sections. Equal opportunity is the process
appointment or reservation among and social arrangement by which social
backward communities, if sufficient democracy can sustain and pluralism will
representation is not provided. India is a be strengthened. In such a society different
sub-tropical, sub-continent with varied groups of religion, race and other factors
geographical atmosphere. People speak can live with their social identity, tolerance
different languages and follow unique and shared power.
hereditary values. Albeit of these factors, Economic condition and status
inequality is existing due to the Varna is one among the reason for the wedge
System. It is in order to advance and created in the European society. Whereas
develop the socio-economic conditions in India, the division is on the basis of
of the downtrodden communities; Indian purusasvktha of Rigveda and particularly
Constitution is having its ideal guidelines Four Varna System. This Varna System
with strong structural foundation. prevents individuals from their exercise
According to Indian Constitution, of rights and values. Indian Constitution
States which are having low technological in this regard is implementing all its
development or inadequate natural supervisory mechanisms and also is
resources can make their own special policies delivering distributive justice which is
for holistic advancement. In accordance the motto of the largest democracy. This
with the existing constitutional provisions, justice intended to weed out the caste
the downtrodden and underprivileged distinction (Varna System) and to establish
communities were provided with special equal society in India. The democratic
laws and privileges in all the states. values in Indian Constitution protects and
delegate power to all the people equally to
Ideas like all inclusive development develop themselves in the socio-economic
and self-sufficient societal growth highly sectors. Sticking on with this constitutional
hinges upon social justice along with provisions may lead to social development

Race, religion and lingual minorities UN proclamation – December 18, 1992.

Salient Features
1. All minorities are having equal right without any discrimination and intervention
to exercise their freedom in following hereditary values, to cling with religion, to
propagate and to use their language.
2. All minorities can make their own organization and are having every right to
maintain it.
3. Minorities should have right to upgrade their knowledge related with their history,
conventions, language and other hereditary values. They should also be provided
with opportunity to learn about entire society to which they belong to.
4. This declaration may not affect the basic freedom which is stipulated in the existing
rights declaration.

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and further give place for social freedom of caste, gender, religion and other
and justice. Hence, vibrant social justice differences, people should be provided
in India protects National Integration from with appropriate opportunities to prove
which distributive justice and democratic their talent and capacities in the individual
values are concretized. life. In socio- political theories, the
distinction between the difference among
I3.2 Equality is essential for Social individual and socio-cultural differences
Justice exiting among them is considered as an
People accept equality as an essential important aspect. Individuals should
phenomenon but still inequality and receive respect and reputation on the
discrimination are serving as distributing basis of their achievements and talents.
factors. Inequality prevails in almost It should not be on the basis of social
all spheres like opportunities, comforts identities. Inequalities and discriminatory
and working atmosphere. This kind practices which prevail in the society are
of inequality and discrimination are artificial and are known as prejudices.
permanent and unavoidable in our life, 13.3 Just Distribution
is it so? What we are going to do for the
people, who do not have opportunities to Governments can and will enact
work for the development of our nation? laws to facilitate the just distribution of
How far cultural values are responsible for resources to individuals with in a society.
this kind of inequality. Laws simply pave the way for the fair
distribution of resources. Law enforcing
This is not only happening in India, agencies may have to monitor the process
but also at global level which creates stir of the distribution itself.
in the minds of the people. It is for this
reason, social equality stood in primary
place in the Socio-political principles.
Equality as a principle indicates what?
What do you mean by “equal society”.
How do we assure equality? With that
assurance, what we are going to achieve?
Do we try to resolve inequality only in our
income? What type of equality has to be
established? To whom we have to provide A country like ours where socio-
equality? cultural inequalities are well entrenched,
a law for fair distribution will not
Need of special privileges
automatically ensure just distribution
We give our voice for justice. We have of resources. Governments will have to
to understand the reasons. If opportunity ensure a level playing field in order to
is denied along with social identity, that is establish Justice. In other words, before
absolute injustice in a society. This creates the law brings us together, people should
inequality among the people. Regardless enjoy some basic equality of life conditions
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and opportunities. This attempt to create becomes the most significant resource
a level playing field must be seen as a and employment in government sector
necessary condition for each person to remains a major source of livelihood,
pursue his/her objectives in life. Since our the concept of level playing ground or
constitution has abolished untouchability equal opportunity was advocated and
and other caste based discriminatory subsequently this idea became an integral
practices, both the State and the legislature part of our constitutional apparatus.
would have to ensure the creation of such
There are several opinions in this
a level playing field. Thus, the government
regard. How should we distribute the
which swears in the name of protecting
resources and ensure equal opportunity/
our constitution has the obligation of
fair access to education and jobs to all
ensuring one of the finest promises of our
especially to the disadvantaged groups.
constitution itself – bringing in equality
Many especially people from the so called
to our society. Therefore, it is legal,
upper echelon of the society tend to think
constitutional and moral on the part of
of treating people differently in order
the government to create a level playing
to ensure just distribution effectively
ground for all its citizens especially those
amounts to discrimination. This opinion
who have been historically denied basic
slowly and steadily invokes strong passion
rights.
and at times results in violence too. The
This level playing field or what we fear of losing educational and employment
popularly call ‘equal opportunity’ must opportunities among the privileged
not be treated either as charity or as communities was steadily growing as
philanthropic gesture of the government. the government planned to ‘reserve’
It is the obligation on the part of the seats for people from marginalized and
government to treat people differently in underprivileged communities as part of
order to ensure Justice; more importantly its equal opportunity plan.
it is a fundamental right enshrined in the The idea of ‘merit’ would be
constitution for disadvantaged people invoked by the privileged sections of
to seek legal, constitutional remedy. our country to argue that any attempt
Similarly, level playing ground is aimed to ‘reserve’ seats for the underprivileged
at creating equal opportunity only in people would strongly damage merit
education and employment opportunities based output of our education system;
for the disadvantaged communities. thus it would subsequently affect the
In many realms of our everyday lives, professional abilities of the candidates.
there is virtually no demand from the But as students of political theory, we
marginalized sections to provide a level must be able to dispassionately examine
playing ground. the issues involved in our quest to
understand Justice. Do you first of all
This clearly conveys the meaning agree that some interventions are required
of what is the aim of providing equal to help the marginalized, underprivileged
opportunity. When modern education people? What would be the outcome if the
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privileged section retains all the resources B. Common Ownership Theories 

including education and employment These theorists argue that a fair
opportunities with themselves even after distribution means each person in the
we become an independent country and initial stages must have the same amount of
a republic? Should we opt for an inclusive land or other valuable resources. It clearly
nation or an exclusive mob? What kind means there are no major differences in
of social Justice we would eventually terms of an individual’s preferences and
emulate? abilities. All individuals are endowed
with equal amount of abilities.
DEBATE
C. Entitlements Theory
 Do people ask the Government to
It defines just distribution when land
provide a level playing field in sports?
 Does anyone seek similar or any other resources disbursed must be
intervention from the government in historically justified. Individuals who have
Private sectors, Armed forces? never had the ownership of land or other
 Does anyone demand that people resources can appropriate it by voluntary
must be treated differently in our transfer between and among themselves.
criminal procedural system? Transfer of resources, for them, must be
absolutely voluntary.
13.4 Distributive Justice and Retributive
Justice All these perspectives as it is evident from
the brief description do focus on both
The substantial point of debate while resources and human ability. Resources
studying the concept of Justice would be could be for example, land as well as
how the resources would be distributed knowledge; human ability also plays a
to all section of the society. In order to vital role for some theorists. There is a
understand this point more clearly let us grand consensus that Justice in a society is
dwell upon a few important perspectives possible only when it becomes distributive
on the issue of Justice. Equality of rather than retributive. How do we define
Resources, Common Ownership theories retributive justice?
and Entitlements are often referred while
discussing Justice. D. Retributive Justice
A. Equality of Resources The concept of retributive justice
This perspective defines distribution Can be understand the framework of
of resources to be just; that is to say, if this form of justice by following certain
every individual has the same effective principles.
resources that amounts to Justice. If, for
i). Those who have committed wrongful
some given work, each person obtains the
acts, serious crimes do deserve harsh
same amount of wage or reward, that is
punishment quite proportionate to
how we must realize Justice.
their crime.

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ii). It is morally good; when the legitimate action/attribute of an individual that does
punisher gives the culprit a stern not benefit all actually signifies inequality
punishment what that person deserves; and unfair/unjust character of a society.
no matter whether the punitive action This perspective compels us to have a
against wrong doers is compared more comprehensive understanding of
with others or not, the punishment is Justice itself.
necessary as moral good.
iii). 
It does not encourage punishing
Impotant works of John Rawls
 Theory of Justice - 1971
the innocent intentionally and
 Die Idee Des Politischen
also disapproves inflicting large liberalismus - 1993
punishments on wrongdoers  J ustice as fairness - 1985
disproportionately.  The law of People - 1993
Even though, the idea of retributive
justice played vital role in theorizing The ethics of reason will create, for
punishment and Justice for some time, Rawls, a new political structure in which
some of its pivotal features such as people will think of polices not to optimize
proportionality, normative status of their self interests but rather envisage society
suffering and the ultimate justification for as a whole. This comprehensive and holistic
retribution become highly contentious. perspective embedded in Rawls’ framework
Retributive justice as a modes makes it highly pertinent while debating on
operandi to establish justice was firmly Justice. That is to say, it would be in the
rejected in our constitution itself. The interest of all sections of the society as a
architects of our constitution firmly whole must benefit from the policies and
believed that violent methods will not rules; not for an exclusive section of a society.
bring in peaceful and enduring solutions Such fairness would be the outcome of
to our problems nor does it establish rational action not benevolence or
sustainable Justice in our society. generosity. John Rawls theory premises
upon the arrival of quintessential modern,
13.5 John Rawls Theory of Justice rational beings to realize the spirit of Justice
John Rawls is considered as one of in our society; a society like ours wherein
the finest political philosophers of 20th non-rational identities and sentiments play
century. He developed the theory of Justice a major role in organizing the society, may
based on the paradigm called Justice as have to toil to truly understand the spirit of
Fairness. His framework treats all personal Justice as emulated by John Rawls.
attributes as being morally arbitrary;
therefore Justice for him demands equality.
Migrated people are also having
For him ‘all social values including liberty,
certain rights in the alien nations. Refugees,
opportunity, income, wealth, self-respect
migrated and exiled are also exercising
are to be distributed equally. In other
vital rights. The member nations of UN
words, injustice is ‘simply inequalities
recognized those vital rights.
that not to the benefit of all’. If/when any

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13.6 Socio-Cultural Equality Further, by calculating number of people

In the diversified society, people under poverty line, we may draw strong
from different groups may practice their inferences and resolutions. This kind of
cultural values, habitual factors and identification is widespread among all
improve individual talents. For this to the nations. But certain discriminations
happen, equality in society is an essential on the basis of culture and historical cum
criterion. Every individual should be habitual practices, may create precarious
assured of fair opportunity in the society. issues in the concerned society. Radical
To a large extent, unequal atmosphere reformers during different phases of
should be wiped out for attaining liberal history, has made wide awareness about
society. these untoward and unethical happenings
to the people.
To put it in a nutshell, actions must "Humans respected on the basis of
be taken at least to reduce the unequal caste which he belongs to, is barbarian
circumstances. For instance, a good and anti-human thinking", exclaimed
healthcare, education, nutritious food E.V.Ramaswamy alias Periyar in
stuffs, minimum emoluments are the Tamilnadu. He out- rightly condemned
basic needs to be provided to all without the cultural practices, habitual follow-ups
discrimination. Without these basic and other so called values which refutes
facilities, we may not call a society as equality in all its aspects. Periyar also was
egalitarian one. against “Patriarchal Chauvinism” which
What are the main issues of our Nation? subjugated women all along the history.

Beliefs and practices on the basis of That society is best which got rid
caste and religion are dastardly obstacles. of caste, religion, gender and suppressive
In many parts of India, the status of women habitual practices”, lamented Periyar.
is at lower level - education, employment, Modern society cannot be sanctified by
right to property are refused to women. the people who cling towards the language
If this situation extends and established and discriminatory cultural practices.
as our culture, a major catastrophe may Apart from Periyar, various saints, seers
not be averted in India. If inequality and and philosophers took strenuous efforts
discrimination is stamped as our cultural to have egalitarian society. People who
value, the path of equality may be at cross enjoyed all kind of privileges on the basis
roads and cannot be attained at all. of dynasty, birth and descent so far has to
come to end. Determining an individual’s
Economic Equality capacity on accordance with the birth is
Economic equality can be the primary and precarious feature of the
identified by individual’s income and unequal society.
the value of property, he possess in a All are equal and individual’s
society. Otherwise, the gap between capacity, if decided on the basis of merit,
rich people community and poor may is the first step towards equal society. So
indicate the status of economic equality. far, number of modern nations refused to
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provide voting rights for the poor people. breach these practices will be punished
There are nations which restricts women by the king. Mistakes and related
education and public offices in the 21st punishments are quite natural in all the
century. countries.

In India, lower strata people are

permitted to work only in the clerical and
other benefit-less offices. They were not
permitted to occupy higher positions,
because of their caste identity. Individuals
and organization for the past centuries
made onerous efforts to curb out in equal Greek philosopher Plato and his
menace from the society. disciples often debate and discuss about
There some human communities justice and its practices. Discourses and
which needs special attention, since they teachings of Socrates consists of anti-
were totally ignored and exploited by the justice people and their impact in the
upper strata people. Truthful equality can society. Justice and fairness may do only
be identified only in those rare occasions. good things in a society.
Injustices unleashed in the past must be If justice do favour for certain
identified to know about what real or fair individuals, that may not be considered
equality is. and called as justice. Justice is all about
Reservation policy is a good initiative the entire development and advancement
from the part of government in delivering of a society. Fair justice is applicable
equal justice. People, who were denied of to all the people in a society, claimed
education and employment opportunities Socrates. We may infer from the above
so far, were provided with reservation for said arguments that reservation is the fair
uplifting the condition and status. justice provided to the people, who were
Discriminatory practices which were hitherto discriminated and exploited.
followed for long time in the historical Proportional Justice
phases may not be curbed out in a short
The social justice provided by our
span. Expecting the change within one
Indian Constitution to the depressed
or two generations is an utopian faith,
and downtrodden communities is a
stated researchers. If reforms happened
helping hand for their development and
in short time, it will be a good sign for the
advancement. But how much and to whom
development of the entire nation.
are the major questions?
Social Justice and Equality
Caste hierarchy is the primary reason
All civilizations were equipped with for inequality in our nation. Hence on the
the awareness of their practices. The basis of the caste hierarchy, social justice
accepted practices are “Dharma” and the has to be maintained/must be maintained.
negative is “Adharma”. Those people who In categorization, we are having backward

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caste, most backward caste, scheduled and economically disadvantaged people.

caste and scheduled tribe for whom, Often, these people are disadvantaged for
government’s policies are distributed historical reasons, such as oppression or
accordingly. slavery. Support for affirmative action has
sought to achieve a range of goals, bridging
inequalities in employment and pay,
First Commission for backward increasing access to education, enriching
community was established on 1953. state, institutional, and professional
Kaka Kalelkar was the first head of leadership with the full spectrum of
this Commission in Independent society, redressing apparent past wrongs,
India. harms, or hindrances and in particular
addressing the apparent social imbalance
13.7 Discrimination-Social Basis Theory left in the wake of slavery and slave laws.
As socio – psychologists describes,
Human beings identify themselves as part For example, a 2017 study found that
of their group. They felt prestigious and affirmative action in the United States of
energetic only when they are recognized America "there is an increase in the share
as a part of their own group. What of black employees over time, in 5 years
discrimination means is that out grouping after an establishment is first regulated."
their own members from the membership
United States of America
of their group or ban their members from
accessing natural resources. Indeed, wealth Though there were developments
is an important matter. Someone of the in Liberty, Economy and Technology in
group’s eligibility and self – respect indirectly United States of America, still there were
defends of someone getting wealth. sustained discrimination on the basis of
Empirical studies confirm that colour till the later period of Twentieth
persons with a low sense of social century. This raised Civil Rights agitations
recognition display more out-group there. Following this Affirmation Action
devaluation and group-focused enmity was introduced by John F.Kennedy in
based on an ideology of human inequality. 1960s in the United States of America.
Negative attitudes toward different out- This was called as Executive Order 10925.
groups (ethnic and religious minorities, Through this order, Govt requested
women, and people who are disabled or the employers not to discriminate their
homeless) are strongly correlated with employees or candidates on the basis of
each other, indicating the unspecific race, creed, colour, or national origin.
nature of discrimination. This order was replaced by another
13.8 Affirmative Action order 11246 in the year 1965. By this the
Federal Government commit "to promote
The principle of affirmative action the full realization of equal employment
is to promote societal equality through opportunity through a positive, continuing
the preferential treatment of socially program in each executive department

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and agency". In the U.S., affirmative China

action's basic purpose was to pressurize China followed some sort of
institutions into compliance with the affirmative action in education for
nondiscrimination mandate of the Civil minority nationalities.
Rights Act of 1964. Affirmation Action
Russia
was extended to women in 1967.
Quota systems existed in the USSR
United Nations for various social groups including ethnic
The International Convention on minorities, women and factory workers
the Elimination of All Forms of Racial for access to university education, offices
Discrimination stipulates that affirmative in the former Soviet union.
action programs may be required for all New Education – New Requisites
countries that ratified the convention, in
order to rectify systematic discrimination. It The educational system which we had
states, however, that such programs "shall in in Ancient India was discriminatory. People
no case entail as a consequence of unequal were permitted to undergo education on the
or separate rights for different racial groups basis of their own caste. After the introduction
after the objectives are achieved." of new education system in modern India, the
marginalized communities are not allowed in
The United Nations Human Rights the main stream.
Committee states that "the principle of
equality sometimes requires State parties In south India, new or modern
to take affirmative action in order to education was introduced by Christian
diminish or eliminate conditions which missionaries of European nations. In
cause or help to perpetuate discrimination the initial part of 19th century, British
prohibited by the Covenant. established more number of Christian
missionaries in many parts of India.
Social Justice laws in South Africa
Many communities, who were denied
Following the transition to democracy educational opportunities, utilized the
in 1994, South Africa chose to implement choice for their development.
affirmative action through legislations to
correct previous imbalances. As such, all 13.9 Status in Madras Presidency
employers were compelled by law to employ
During the same period, Chennai
previously disenfranchised groups (blacks,
presidency came under the direct rule of
Indians, and Coloured). By this the companies
British Empire. Laws like ‘Ryotwari’ were
employing more than 50 people have to
made. Moreover, tax collecting system
design and implement plans to improve the
was introduced. Further, military forces
workforce demographics, and report them
were also instigated. In 1835, English was
to the Department of Labour. Employment
declared as official and administrative
Equity also forms part of a company's
language in India. Indians were appointed in
Black Economic Empowerment scorecard.
the British Indian military forces. Majority
Moreover, the Supreme Court has ruled that
of the people who joined in military were
in principle blacks may be favoured.
non-Brahmins and deprived communities.
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Although colonial British regime checked-out of their lands and also their
appointed Indians in military forces, it children denied admissions in the schools
hesitated to permit Indian languages in the and other educational institutions.
educational institutions. This untoward Preferential Rights for the Downtrodden
situation remained same until the end of
In 1885, Madras Presidency
the 19th century. People who are fluent in
Government declared financial assistance
English were appointed in these services.
policies for the downtrodden communities
Apart from the Europeans, Anglo- Indians
and also the government oriented new
and Brahmins were appointed in all
schools for the lower caste people.
government services.
In the meantime, Tremancre,
Due to the establishment of collector of Chengalpet district submitted
‘Jamindari’ and ‘Ryotwari’ system in the a report on the downtrodden communities
initial part of 19th century, ‘Landlords’, of Chengalpet. Those excerpts are: People
‘Zamindars’ and other dominant groups of downtrodden community were at low
spearheaded in entire India. All the level in all aspects, particularly social-
above said are “Caste Hindus”. “Caste economic, educational spheres. Lands are
Hindus” domination in all villages greatly denied for them. They were not permitted
affected the villages and particularly, the to build houses for their own. Educational
downtrodden communities were kept opportunities were rejected. They are sold
aside from the lands in all villages of India. as slaves. Lots of lands are kept barren.
Due to this, income for the government
has been diminished. To increase the
income of the government, lands can be
distributed to the people.
There were so many
recommendations present in the officers’
report. In 1892, this report was considered
In this connection, a British officer and accepted by the government.
‘Francis Ellis’ was appointed to submit the Accordingly 12 lakh acres were distributed
status report regarding ‘Ryotwari System’. to the lower caste groups. These lands are
In similar way, another officer, ‘Thomas called as “Panchami.” Schools for lower
Munro’ also submitted a report related to caste groups are called as “Panchamer
the ‘Ryotwari System’. According to the School”.
reports, ‘Lands which were tilled by lower
strata people, were illegally occupied and “Panchamer” means people who
acquired by ‘Zamindars’ and ‘Landlords’ are out of Varna System or excluded
and thus caused quality-less farming and communities. ‘Ayothidasa’ and
low level of yields. It is also reported that ‘Singaravela’ opined that “Panchamer
Land Income Tax was also affected due to Schools” can be called as “Adidravidar”
this acquisition. Moreover, the deprived schools. Since it is the traditional name
and downtrodden communities were carved to the category.

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In 1854, court delivered direction jobs for Non-Brahmins. Almost

that there may not be any restriction to simultaneously in the Mysore kingdom
admit children who belongs to lower the ‘Miller Committee’ recommended
caste groups. The Caste Hindus and communal distribution of jobs.
other dominant communities, however, Those people who demanded for
didn’t obey the judgment of the court appropriate representation are Ayothidasa,
proceedings. In 1865, Secretary of state Singaravelar, Rettamalai Srinivasan, Pitti
for India in British Parliament ordered Theagarayar, Raja of Panagal and many
for admission of children who belong others. Demands put forth by these people
to lower caste groups but the condition were accepted in 1922. Community based
remains unchanged. representation order was issued in all
British India in the end part of 19th departments of Madras Presidency. This
century supported Brahmin development order is called 128(2). The order has to
in all spheres, whereas minorities were be implemented in all parts of Chennai
denied opportunities in education, Presidency, declared the government.
society, power and employment sectors. The efforts taken towards “education
The Non-Brahmins, and minorities to all” in Tamilnadu also spread over to
(lower caste) who studied in the modern other states of India. Leaders like Jyotirao
educational institutions were dissatisfied Phule, Savithribai Phule took onerous
with the government’s biased stand. They efforts in Maharastra for educating the
demanded representation for lower caste depressed and downtrodden communities.
groups in government services.

In 1891 the natives Travancore

Kingdom submitted the Malayalee
Memorial demanding adequate Justice Party
opportunities for native in employment. There were
In 1896, ‘Ezhava Memorial’ demanded more applications
adequate opportunity for ‘Averna’ forwarded in 1913 to
(backward communities, in employment Royal Commission
and education. Narayana Guru took which was headed by
intense efforts to organize victims of caste Alexander Cardow.
system and instated educational institution Apart from Madras
for them. Even before such movements Presidency, Rangoon Thravi Association
arose in extreme son. In 1902, Kolhapur and others also submitted their application
Raja Chatrapati Sahu for the first time with demands to the commission. All
introduced reservation in governments applications emphasized for appropriate

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representation in employment for First Communal Representation Order

backward, downtrodden and religious During the rule of Justice Party
minorities. Dr. Natesan, Pitti. Theagarayar, in Chennai Presidency, the demand
T. M. Nair tried to submit and a report on for communal representation reflected
the burning issue of the minorities and in vigorous manner. The prolonged
low caste groups. P. Theagarayar has struggle for communal representation by
written and published it as "Non-Brahmin Justice Party and wide support from the
Manifesto" in December, 1916. people propelled the central government
to make resolution in this regard in 1921.
This resolution, later on was called as
Communal Representation Decree.
It is the red lettered day in Indian
history, lower caste groups, who were
suppressed and deprived of Social and
Economical condition for many centuries
In 1916, Pitti. Theagarayar, T. had fullest confidence to lead their life with
M.Nair and others started South Indian self-respect and dignity by this decree.
Liberal Federation for the welfare of A resolution was submitted by
the Non-Brahmin communities. A Munusamy the member of legislative
magazine “Justice” was also published by assembly in Chennai. The Resolution
this Federation to express their thoughts reads; "Non-Brahmins with minimum
and ideas. Later on, this Federation was educational qualification should be
popularly known as “Justice Party”. provided with employment opportunity.
Non-Brahmins specifically, Christians,
This movement spread out Muslims and lower caste groups to be
“communal representation for Non- appointed in all government services. For
Brahmin in education, and employment this, a permanent order should be legalized.
sectors. In 1915, Justice Party submitted If salary is above Rs.100, this order should
a petition in which it condemned the be implemented for 7years until it reaches
domination of English and Sanskrit in 75% of the population". With regard to
higher education. Further they demanded this resolution, R.K.Shanmugam stated
to include Tamil and other languages in that “If this historical and land mark
higher education. resolution is implemented, the future
generation may really appreciate our
In 1917, 54 Associations met the truthful efforts towards emancipation”. In
representative members of British empire supporting this view, Dr.C.Natesan voiced
and demanded “Fair Representation” for that “If fair representation is not provided
Non-Brahmin communities and other for our people, we will not pay taxes”.
minorities. Moreover, “Communal Periyar, EV.Ramaswamy, a staunch
Representation” was demanded during supporter of congress party also eulogized
multiple conferences. the ideas of Justice Party, he expressed the
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same demand in Congress Party. In 1925, Constitution. Due to this, backward

during the Kanchipuram Congress Party and other communities retained the
Conference, Periyar passed a resolution opportunity of reservation.
regarding communal representation in
According to articles 15 and 16
education and employment. Periyar came
of Indian Constitution, "Socially and
out of congress party, since his resolution
economically backward people can be
was rejected by the high command. In
provided with special privileges". This
1928, during the leadership of R.Muthiah,
provision made Nehru to come with First
(Justice Party), Communal representation
Amendment in the Indian Constitution.
was passed and implemented in all the
government departments. Accordingly, sub-sections 15 (4) and
16 (4) were included in the constitution.
First Amendment After the Amendment, from 1951
In the aftermath of the effective onwards Backward Communities receive
implementation of Indian Constitution, 25% and Lower Caste 16% respectively
in 1951, Mr. Senbagarajan filed a suit in due to reservation policy.
the High Court; related to the denial of
Expansion of Reservation
Medical Seats. He also mentioned that,
communal representation is the reason for Under the
the denial of his seat. The High Court gave Chief Ministership
its Verdict that Communal representation of M.Karunanidhi,
decree is against the constitution and to be a commission was
abandoned. In addition to that, Supreme constituted under
Court also sided with the same Verdict. the Chairmanship
Reservation Policy on the basis of caste of Sattanathan to take into account on
was abandoned due to the Verdict. the welfare of backward community. It
is on the basis of the recommendations
of Sattanathan commission, backward
community got 31% and SC/ST received
18% as reservation in 1971.
In 1979, Social Welfare Department
State wide protests erupted in of Tamilnadu Government issued an
Tamilnadu against the Verdict. E. V. order (MS No.1156, Dated 02.02.1979).
Ramasamy, demanded for an amendment According to this order, annual family
in the constitution. It is due to efforts of income of backward community was fixed
Periyar, Tamilnadu congress committee as Rs.9,000/-. Later on, that order was
President Kamaraj, Prime Minister repealed. A new order was issued, in which
Jawarharlal Nehru and Ambedkar, an reservation for backward community was
amendment was made related with the increased from 31% to 50% and for SC/
extension of Reservation Policy. This ST it is 18%. To sum-up, 68% reservation
was the first Amendment in the Indian came into effect in Tamilnadu.

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In continuum with this, in 1989, Moreover, the highest ceiling of 50% can
another suit filed in Supreme Court with also be discharged.
regard to allotment of separate reservation
Thus the Judgment says
for Scheduled tribe (ST) community.
In this case, Supreme Court of India “Although 50% is the ceiling fixed
delivered the verdict by which, backward for the reservation in central government
community, most backward, scheduled services, it may be changed, taking into
caste and scheduled tribes received 30%, account the diversified communities and
20%, 18% and 1% respectively. The entire abnormal situations of this nation”.
reservation was changed combinedly and “People who are distant, those who
69% came into effect in Tamilnadu. could not mingle with the mainstream
Reservation in Central Government: society or without opportunity, unique in
Mandal Commission culture may be exempted from this ceiling
fixed by the Supreme Court. 50% of the
The central government under
ceiling may be exempted, said the same
the Prime Ministership of V.P.Singh
judges who delivered the famous verdict
consented with the recommendations of
in this sensitive case.
Mandal Commission. The Government
issued an order which confirmed 27% That said, a member of consumer
reservation for Backward Community in trust, K.N. Vijayan from Tamilnadu filed a
Central Government Services. suit stating, 69% reservation in Tamilnadu
is given against the Supreme Court
Verdict. Supreme Court, however, in its
Verdict mentioned that Engineering and
Medical Colleges should not be provided
reservation more than 50%. It also issued
Interim prohibition for the reservation.
It was similar with the untoward
In opposing this order, Indira
happenings during 1951, which prompted
Sawhney, filed a suit stating the order
the state government
breaches the constitutional provisions.
under J.Jayalalitha who
She also added that reservation policy
passed a bill in the state
overrides the principle “All are equal
assembly by citing the
before Law”. Supreme Court delivered
reference from directive
a clear verdict that 27% for backward
principles of state policy
community in Central government
(Article 31(c)).
services can be legalized. Further it states,
“the reservation should not reach beyond The bill on 30.12.1993 was given
50%”. consent by the President of India on
19.07.1994 by which 69% reservation
The Supreme court of India fixed 50%
received fullest legal protection. To avert
as ceiling for reservation policy, whereas
further filing of suit against Tamilnadu
it was not mentioned in the constitution.
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Government, it endeavored to incorporate 1. Kaka Kalelkar Commission

reservation policy in IXth schedule of the Kaka Kalelkar Commission was
Indian Constitution. the first one constituted in 29.01.1953.
Parliament passed the 76th There were 11 members including the
Amendment in which reservation policy of Chairman Jawaharlal Nehru who tabled
Tamilnadu Government was incorporated the report submitted by this commission
in IXth schedule of Indian Constitution. in the Parliament. But the report was not
Further it came into retrospective effect adopted.
from November 16, 1992.
2. Mandal Commission
Reservation for different
communities is a temporary effort to get Central Government under the
place in power sector. To attain social Prime Minister-ship of Morarji Desai
change and social ideals, caste hierarchy constituted Subindeswari Prasad Mandal
has to be demolished and eternal equality Commission on 20.12.1978. This is the
to be established. One among the means second such Commission established
to attain permanent equality is “Inter- for the backward community. S.S.Gill
Caste Marriages”. Marriages happening was appointed as the Secretary of this
within caste may further strengthen caste Commission.
system and serve as an obstacle for the It is in order to identify the condition
equal society. Casteless marriages and of backward community; a group was
lateral cum ideal thinking are the best constituted under the leadership of
contrivances for making radical social B.B.Mandal in 1978. The group travelled
change. all over the nation. This Commission on
Backward classes Commission the basis of 11 basic reasons identified
According to article 340 of Indian 3743 castes which comes under backward
Constitution, President of India can community. Castes were identified on the
appoint backward classes commission to ground of peoples’ status in education and
identify socially and educationally society.
backward groups and also to submit
Mandal has written in the preface
recommendation related to their standards
of the report which reads, “Madras is a
and states.
pioneer state in communal representation.
It has given representation for backward
classes”. We may infer that Tamilnadu is
the birth place for Social Justice and serve
as a great pioneer for all other states.

52% of the backward communities

in India has to be provided with 27%
Hitherto, the Indian government
reservation, remarked Mandal Report.
has constituted the backward classes
This reservation was implemented by
commission.

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V.P.Singh Government on 13.08.1990 in Those who have been benefitted

all Government (Central) Services. Due extensively by the philosophy of ascriptive
to this order, backward communities who status (status based on birth) must realize
are backward in social and educational that such status cannot be part of a modern
sectors entered into central services. world; to be a modern person what is more
Promoting Social Justice important is to have the consciousness
In order to achieve social justice, it of being equal to everybody around us.
is often suggested that reservation policy Unfortunately ‘modern’ is being equated
is an important tool. We must realize that with latest electronic items and luxury
reservation in education and in jobs is one items we possess. Having latest gadgets will
of the methods to achieve ‘Social Justice’ not make us modern. For India to become a
and not the only method. Social Justice modern nation, this radical transformation
must necessarily premise upon the idea is required more than anything. That is why
of egalitarian philosophy that no one is the social justice is organically embedded
inferior or superior to anyone by birth. in the idea of modern India.

The Government of India appointed the 2nd Backward Classes Commission

in 1979.It was headed by B.P.Mandal. Hence it was popularly known as Mandal
Commission. It was asked to determine the criteria to identify the socially and
educationally backward classes in our country and recommend steps to be taken for
their advancement. One of the recommendations was that 27 per cent of government
jobs be reserved for the socially and economically backward classes.
It was in December 1980 members of Mandal Commission submitted their
report to Zail Singh, the then Home Minister. After submitting the report B.P.Mandal
said, “I know much labour has gone into the writing of this report. But let me tell you
that today we have performed its immersion (visarjan) ceremon.”
Next ten years, the report lay in the Home Ministry’s office. Report was dusted
up by the then National Front Prime Minister Vishwanath Pratap Singh (1931 – 2008)
for implementation in 1990. Mandal Commission report became the single-most
burning topic of controversy and heated discussion. There was total confusion in the
national political arena and V.P. Singh was accused of indulging in the worst form
of opportunism. No major political party supported the implementation of Mandal
Commission recommendations.
Some section of people and associations opposed to this order filed a number of
cases in the court. Eleven judges of the Supreme Court heard arguments of both sides
and by a majority, the Supreme Court judges in 1992 declared that this was valid.
At the same time the Supreme Court asked the government to modify its original
order. It said that well-to-do persons among the backward classes should be excluded
from getting the benefit of reservation. Accordingly, the Department of Personnel
and Training issued another Office Memorandum on September 8, 1993. The dispute
thus came to an end and this policy has been followed since then.

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Indira Sawhney V. Union of India AIR 1993 SC 477

 Also known as Ma n d a l Commission Case.
On January, 1979 under the Chairmanship of B.P.Mandal, the second Backward
 
Classes Commission under Article 340 was appointed by the Union Government
headed by Prime Minister Morarji Desai.
One of the major recommendation made by the commission was that, besides
 
the SCs and STs, for other backward classes which constitute nearly 52% of the
population, 27% government jobs are be reserved so that total reservation for all,
SC,ST and OBCs, amount to 50%.
No action was taken on the basis of the Mandal Report for long after it was
 
submitted, except that it was discussed in the Houses of Parliament twice, once in
1982and again in 1983.
On August 13, 1990, the V.P.Singh Government at the Centre issued an office
 
memorandum accepting the Mandal Commission recommendation and announcing
27% reservation for the socially and educationally backward classes in vacancies in civil
posts and services under the Government of India.

Glossary

Fraternity - Universal brotherhood which Plural society - Varied on the basis of

is stipulated in the Indian constitution culture
Exploitation – Misusage of resources Social change - Change which creates
Egalitarian society - Society without behavioral variation
stratification Civil rights - Rights provided by the
Privileges - Special schemes or rights for government to live in a society
particular human communities Political rights - Rights of the people in
Injustice - Activities which are against the the political sector
will of people Economic equality - Less cleavage between
Social identity - An indicator which people in terms of economic condition
locates the people in a society Dharma - Do’s and Don’ts
Apartheid - Suppression of one race by the Landlordism - Exploitation by land owners
other Deprived - Economically and socially
Varna system - Divisive phenomenon in exploited and exhausted
the society Panchamer - people who are out of the
Minorities - people who belongs to a Varna system
group at less number in population Justice - Fair distribution of authoritative
Reservation - Policy which helps people allocation of values
for upliftment

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Evaluation

I. Multiple Choice Questions

1. Survival of the fittest theory was coined by
a) Denim b) Roosevelt
c) Darwin d) All the above
2. Slave Trade means
a) Women trafficking b) Child trafficking
c) Men trafficking d) All
3. Apartheid regime means
a) One race suppressing other b) Blacks suppressing whites
c) Torture d) Affluent society
4. Narayana Guru belongs to which state?
a) Andhra Pradesh b) West Bengal
c) Maharashtra d) Kerala
5. “Vaikom Movement” was spearheaded by
a) Periyar b) Rajaji
c) Nehru d) Gandhi
6. "An inquiry into Wealth of Nations" was written by
a) Keynes b) Adam smith
c) Rousseau d) Bodin
7. “It is not by ballots, but by bullets” exclaimed
a) Castro b) Mao
c) Netaji d) Bagatsingh
8. Reservation policy is to
a) Upliftment b) Advancement
c) Justice d) All
9. Caste system is at high level in
a) Hinduism b) Islam
c) Christianity d) Zorastrianism
10. Ambedkar at the end phase converted to
a) Christianity b) Hinduism
c) Buddhism d)Jain
11. Just society means
a) No discrimination b) Casteless
c) Religion less d)All

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12. Mandal Commission uplifted

a) SC b) ST
c) OBC d)OC

13 Assertion: Non- brahmins were appointed to government services in British India.

Reason: Communal Representation Decree was passed in the year 1921.
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
II. Answer the following questions very shortly
1. Society Government and Caste-Define.
2. Casteless Society-Define.
3. What do you mean by caste discrimination?
4. What is equality?
5. What is exploitation?
6. Define about caste violence.
7. Explain temple entry movement.
III. Answer the following questions shortly
1. Write a note on Reservation policy.
2. Write about Equality in Indian constitution.
3. Give a brief account on Caste organizations.
4. Write about caste discriminatory practices in India.
5. Communal decree - Explain.
6. Explain the recommendation of Mandal Commission.
IV. Answer the following questions in detail
1. Discuss the basic tenets of equal society.
2. Give a brief account on political ideas of Periyar.
3. Discuss about various leaders’ role in equality.
4. Write a note on leadership of the modern movements.
5. Explain about new social movement.

Reference Books
1. Gauba. O.P, ‘Dimension of Social Justice’, National Publishing Co, New Delhi, 1983.
2. Rawls, John, ‘A Theory of Justice’, Universal Law Publishing Co. Pvt, Ltd, Delhi.
3. Rao, Priya, ‘Development & Social Justice - A Legal Perspective’; Kalpaz Publications,
Delhi, 2012.
4. Purohit . B.R; ‘Social Justice in India’, Rawat Publications, New Delhi, 2003.
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