IT was a historic moment in India's journey for social justice when six of the seven judges on the Constitution Bench of the Supreme Court held that state governments have the right to sub-classify SC/ST communities to advance the cause of affirmative action. This was not just a legal victory but the result of long-standing struggles on the ground.

Expressing concern that the reservation policy has not uniformly benefited all sub-castes, communities such as the Madigas in Andhra Pradesh, Telangana, and Karnataka; the Arunthathiyars in Tamil Nadu; and the Valmikis and Majhabis in Punjab have long been organising protests. Some states, including Tamil Nadu, have implemented sub-categorisation within the SC quota based on the recommendations of state-level commissions that examined the specific disparities among sub-castes.

Petitions from different states challenging the sub-categorisation were filed in various high courts and the Supreme Court. The seven-judge bench of the Supreme Court had to adjudicate on the issue of sub-categorisation as well as on the validity of the judgment in E.V. Chinnaiah vs. State of Andhra Pradesh, which had rejected sub-categorisation. The validity of the current judgment can be seen from the experience of Tamil Nadu.

Before 2007, the Arundhathiyar movements had been fighting for sub-categorisation and inner reservation for over a quarter of a century, but the state government did not pay any heed. It was in this context that the CPI(M) and the Tamil Nadu Untouchability Eradication Front (TNUEF) came together in 2007 and launched a series of agitations, which became a turning point. We united various organisations of the Arundhathiyar community.

WHY THIS SUB-CATEGORISATION?

Prior to the struggles, the CPI(M) and TNUEF conducted numerous field surveys in Virudhunagar, Dindigul, and the western districts of Tamil Nadu, where Arundhathiyars predominantly reside. The surveys revealed that although Arundhathiyars form a sizeable section of the dalit population, not one of them had become a district collector. Only a few were doctors or government employees, and the number of graduates was also very low. Their representation in both government employment and educational institutions was less than 0.5 per cent. Their living conditions were extremely poor, with most families living in a single room where parents and married sons shared the space, leaving no privacy. Child-rearing and education were major challenges, as they worked as sanitation workers, removing human excreta – a form of scavenging – starting very early in the morning.

This situation reflects the pernicious nature of the caste system, where certain sub-castes are relegated to undertaking degrading work as their profession. In the western districts, a considerable number of Arundhathiyars had become landless agricultural labourers. Inter-caste marriages within the dalit community, especially involving Arundhathiyars, remain largely unacceptable, and a few honor killings have occurred in the state for this reason. They are truly the dalits among dalits.

For the CPI(M), dalits in general, and Arundhathiyars in particular, represent the most oppressed section of the working class in a caste-ridden society. It would not be possible to integrate them into class struggles without addressing the issue of caste oppression. In this context, the CPI(M) and TNUEF decided to wage an uncompromising struggle for their rights and interests, including sub-categorisation for reservation.

STRUGGLES BY CPI(M) AND TNUEF

Many struggles were undertaken to highlight the genuine grievances of the Arundhathiyar community. To mention a few, district conferences with the participation of thousands of people were held. A large rally was organised in Chennai on June 12, 2007, where more than 20,000 people participated. These struggles saw the participation of not only Arundhathiyars and other dalit groups but also a significant number of working people across caste lines. In this context, the then chief minister of Tamil Nadu, Kalaignar Karunanidhi, invited us for talks. Leaders including              N Varadharajan, K Varadharajan, P Sampath, P Shunmugam, and S K Mahendran, along with leaders of Arundhathiyar organisations K Jakkaian and R Athiaman, took part in these discussions.

After hearing the representations, the chief minister accepted many of the demands, including sub-categorisation. On the same day, the formation of the Sanitary Workers Welfare Board was announced to improve the welfare of Arundhathiyars, with four representatives from TNUEF included.

The state government immediately initiated the legal process by setting up the Justice Janardhanam Committee, directing them to gather data on the socio-economic status of Arundhathiyars. The report was submitted within nine months. The CPI(M) and TNUEF presented a large amount of data to the commission, and several Arundhathiyar organisations also made submissions.

The report submitted by the Janardhanam Committee played a crucial role in the present judgment of the Supreme Court. In its report, the Janardhanam Committee recommended 3 per cent inner reservation out of the 18 per cent reservation for dalits in Tamil Nadu.

An all-party meeting was held, and the chief minister moved a resolution for 3 per cent inner reservation for the Arundhathiyar community in education and government jobs. All political leaders, except Krishnasamy of Puthiya Thamilagam, supported the move. It is noteworthy that VCK leader Thol. Thirumavalavan also supported sub-categorisation. Later, the then local administrative minister and current chief minister, M K Stalin, tabled the bill in the assembly, where it was passed with a thumping majority, eventually becoming an act.

COURT CASES

The sub-categorisation and inner reservation have significantly improved the lives of the Arundhathiyar people over the past 15 years. However, some individuals, including Krishnasamy, filed a case against this Act in the Madras High Court. The Madras High Court suggested that this case be clubbed with other similar cases from various states already under review by the Supreme Court. Importantly, during the interim period, the Madras High Court also refused to grant a stay on this Act.

After many years and extensive deliberations, the Supreme Court has now heard the case and, by a majority judgment, ruled that the sub-categorisation is legal and that state governments have the right to sub-classify based on data.

In this case, the CPI(M) filed intervening petitions, first in the name of N Varadarajan and later by G Ramakrishnan. On behalf of TNUEF, P Sampath also intervened. We remained committed to the legal battle until the end.

The decision of 3 per cent inner reservation has brought immense happiness in Tamil Nadu, not only to the Arundhathiyar people but also to all democratic and progressive people who are committed to social justice and equality and oppose caste discrimination. The CPI(M) and TNUEF wholeheartedly welcomed this judgment. There has been no significant dissent in Tamil Nadu on this issue.

However, of the six judges who delivered the verdict, four expressed the opinion that the creamy layer system should be implemented for dalit and tribal people based on their economic conditions. This is not acceptable to the CPI(M) and TNUEF concerning SCs/STs. The correct position is that the creamy layer should not be applied to reservations for dalit and tribal people, who are the worst victims of the caste system, including untouchability. Democratic movements should also raise their voices against this.

The CPI(M) and TNUEF congratulate all their cadres, the Arundhathiyar people, Arundhathiyar organisations, the advocates involved in the legal battle, and the democratic movements that vociferously fought for the sub-categorisation of reservation for Arundhathiyars. They also commend the DMK government for proposing and implementing sub-categorisation by turning it into an Act. The CPI(M), TNUEF, and the class and mass organisations will remain steadfast in fighting against the caste system and oppression, with a firm commitment to the working-class viewpoint.