Author: Rukmini Shrinivasan
Publication: The Times of India
Dated: August 25, 2007
Anti-quota petitioners on Thursday gave a
new spin to the ongoing quota debate before the SC by arguing that only those
continuing with their age-old profession and occupation, which categorised
them as backward, should be entitled to OBC reservation. 'Caste' originated
with profession, occupation or business carried on by a family from generation
to generation and caste had become a relevant factor for judging social backwardness,
the petitioners told a five-judge constitution Bench headed by Chief Justice
K G Balakrishnan.
However, only those who are carrying on their
traditional occupation even today can be considered backward, argued senior
advocate P P Rao before the Bench also comprising Justices Arijit Pasayat,
CK Thakker, RV Raveendran and Dalveer Bhandari.
"For others who have left their traditional
occupation and switched over to other better occupations, 'caste' cannot be
a relevant factor to ascertain their social backwardness. Occupation is a
rational and reliable guide, but not caste," he said. He said the framers
of the Constitution had envisioned reservation for 10 years to give adequate
representation to those sections of society who had been deprived of freedom
but it was being extended every 10 years for 10 more years without any survey
about the benefit of such a policy, he said.
In contrast, successive governments had paid
little attention to Article 45 of the Constitution which provides that latest
by 1960, the state shall endeavour to provide free and compulsory education
to all children below 14 years of age, Rao said.