The report is purely advisory and not binding and need not be placed before the Legislature. The Scheduled Castes classification is not a definite matter of public importance for appointment of a Commission under the Commissions of Inquiry Act The National Commission for Scheduled Castes is a Constitutional authority to investigate and to inquire in to complaints with respect to the deprivation of rights and safe guards of the SCs and to submit a report which will be laid before Legislature of the State or before the Parliament as the case may be for taking appropriate action not withstanding anything contained in any other Law. The report of the Justice Usha Mehra Commission is perfunctory and incomplete as there was no basis on which particularly with reference to each caste were obtained and its authunticity is doubtful as there was no mention in the census format about sub-caste details. The grouping of castes particularly with reference to Malas and Adi-andhras is incorrect.
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The report is purely advisory and not binding and need not be placed before the Legislature. The Scheduled Castes classification is not a definite matter of public importance for appointment of a Commission under the Commissions of Inquiry Act The National Commission for Scheduled Castes is a Constitutional authority to investigate and to inquire in to complaints with respect to the deprivation of rights and safe guards of the SCs and to submit a report which will be laid before Legislature of the State or before the Parliament as the case may be for taking appropriate action not withstanding anything contained in any other Law.
The report of the Justice Usha Mehra Commission is perfunctory and incomplete as there was no basis on which particularly with reference to each caste were obtained and its authunticity is doubtful as there was no mention in the census format about sub-caste details.
The grouping of castes particularly with reference to Malas and Adi-andhras is incorrect. As per census , the population of Adi-andhra group was , and as per census , it was whereas as per census, the population of Adi-andhra shown as only But, as per decennial growth rate, it should be No reasons were adduced for reducing the population of the Adi-andhras.
It is admitted in the Commission report that Malas are also called as Adi-andhras. It is a deleberate attempt to show the population of Mala as much less to the population of the Madigas. Justice Mehra Commission reported the Madiga population as It shows the Mala population as Thus, the population of only Mala and Adi-andhra comes to While working out the proportionality on the basis of the population, the conclusions of the report are crucial.
Hence, the report of the Commissions of the report are crucial. Hence, the report of the Commission is based against the Mala and its allied castes. Hence, the report is inaccurate and inconsistent with the Census figures. Justice Mehra Commission was only asked to examine the various facets of the demand for sub-categorisation of SCs.
It was not suggested to categorise the SCs. The Commission report was submitted in a hurried and hasty manner recommending sub-classification as there was a threat of indefinite fast by the MRPS leader giving a dead line and thus only to satisfy the forces and self-interest groups, the report was submitted probably to save the life of leader of MRPS, a leader of one community ignoring the larger interests of 59 castes in Andhra Pradesh and castes in the country which will cause unrest and encourage divisive forces in every State and Union Territory.
The very appointment of Justice Usha Mehra Commission to study sub-classification issue in Andhra Pradesh alone is discriminatory and illegal. The issue of Scheduled Castes is a National issue and the reservations are intended for constitutional purpose. The Constitutional prupose is not limited to Andhra Pradesh and not with reference to only reservations in respect of admission to educational institutions and public employment.
It also includes the political purpose and their representations in Local Bodies, Municipalities, State Legislature and the Parliament. Thus, studying the status of SCs for division in Andhra Pradesh is thus violative of equality enshrined in the Constitution and discriminatory.
Justice Usha Mehra Commission reports that there was an unanimous resolution by the State Legislature dated, 10 th December Which was misread and misconstrued probably to suit its desire. But, in fact the resolution was only recommending to Government of India to take up the matter in the Parliament in the light of the Supreme Court judgment. Justice Usha Mehra Commission observed that it was happy for getting a positive response for categorization.
The fact remains that as it was held impermissible under the Constitution and because the State Government succumbing to the pressure tactics of MRPS, particularly when the plenary session of the Congress was being held at Hyderabad, and to get over the nuisance, such a resolution was passed and the Commission was appointed.
The Malas and its allied castes boycotted the meetings held by the Commission and protested before the Commission during their visits and did not cooperate with the Commission. Further, the Commission visited the places as dictated by the MRPS and the State Government supporting the cause of categorization for political reasons. Therefore, the representations were mainly from Madiga and its groups only and the Mala groups were denied the opportunity of hearing by the Commission.
The data collected or the sample method adopted or the random survey conducted by the Commission is not systematic and is incomplete, insufficient, inaccurate and the conclusions are equally prejudicial and improper.
The report of the Commission has been prepared with undue haste and with speed and submitted its report on Ranga Rao, Shri. Mallu Ravi, State representative at Delhi and Shri. Nandi Yellaiah, M. Meera Kumar, the Minister for Social Justice and Empowerment who belong to the group of Madiga caste without any concern for the remaining scheduled castes in the country. The observations of the Commission relating to Scheduled Caste in Andhra Pradesh are not correct and made with an ulterior motive.
The schedule castes are not heterogeneous as commission is trying to portray. In fact the very Commission report dealt with characteristics of scheduled castes through out the country. The characteristics and the salient features of the schedule castes are same though the names of caste and sub-caste may vary.
Through out the country the scheduled castes are treated as homogenous groups as they are subjected to same social disabilities as untouchables by birth, and they were not allowed to public places and to temples. They suffer from illiteracy, poverty, squalor, hunger and decease. They are land less agricultural laboureres living by seeking alms or by weaving, tanning, manufacturing of footwear, animal husbandry.
They are outside the chaturvarna system and all are untouchables. For Instance, it is observed that for a Mala, a Madiga is an untouchable. In respect of Arundhatiya, a satellite community of the Madiga, it is observed that this community do not accept food and water from the Mala, Dakkala, Pichchiguntala etc.
In respect of Bindla, a satellite not share wells and common burial ground with other communities. While dealing with Madiga Dasu, it was observed that the Madiga Dasu accept food from all the communities except the Mala. While dealing with Malas, they were also referred to Adi-andhras. But, for the purpose of population adi-andhras are shown separately. In respect of Mang, which is also a satellite caste of Madiga, they do not accept food and water from the Mala.
Similarly, in respect of Mitha Ayyalwar, it is stated that they do not take food from the Mala. It is also observed that Paky, Moti, Thoti, they accept food and water from all the communities and render their services to all except Mala and Madiga.
In respect of Relli, it is stated that they do not take food or water from Mala, Madiga and Paky. Thus, the observations particularly made with reference to Malas, that for Malas, Madigas are untouchables has no basis and irrelevant and biased and motivated.
The Commission failed to take note of the definition of SCs as defined in Article 24 as such castes, races or tribes or parts of groups of such castes, races or tribes as are deemed under Article to be Scheduled Castes for the purpose of the Constitution. According to which, all the Scheduled Castes including sub-castes, sub-groups they constitute one group, which are homogeneous and belong to one caste for the purpose of the Constitution. Thus, the effort of the Commission to say that Scheduled Castes in Andhra Pradesh are heterogeneous is unconstitutional and unsustainable.
Muniswamy pillai is out of context and the Commission ignored the very fact that the test for inclusion in the list of SCs is extreme social, educational and economic backwardness arising out of traditional practice of untouchability. The Commission also failed to note and want only ignored the fact that B. L Lokur Committee long back recommended for report was not accepted by any Government both Central and State as there was no adequate representation of SCs in any sphere and there was no visible improvement in their living standards, which is a fact even today.
Thomas, Indrashaney are out of context and have no relevance to the issue involved and there was no issue of categorization of SCs. They relate to identification of Backward classes and social status of an off-spring of an inter-caste married couple and with regard to creamy layer which is not applicable to the SCs. The report of the Justice Mehra Commission is not only illegal, and unconstitutional but also opposed the judgement of the Supreme Court Constitutional bench in Dr.
The Commission did not bother even to study the implications of the judgement nor discussed anywhere in the report about the findings of the Supreme Court and the remedies suggested by the Supreme Court.
The Commission also failed to note that the judgement of the Indrashaney is not applicable in respect of Scheduled Castes. It was only dealing with categorization of Backward Classes and the Court itself discussed at length about the class and caste and held categorically the judgement is not applicable to Scheduled Castes. Hence the report of the Commission is unilateral, irrational and unreasonable.
The observations of the Commission that Madiga is not numerically dominant caste is also fallacious for the reasons that the Commission showed their population as The Commissions report that in educational programmes and government schemes and in employment, Malas and allied communities enjoyed more benefits is also factually incorrect. The opportunities depend upon factors like population, availability of schools, literacy and regional imbalances.
As admitted, that Mala is the largest population in only 8 Districts of Coastal Andhra and Rayalaseema regions. In all other areas, Madigas are the dominant caste. Further, in Andhra Pradesh, the State is divided into six zones. Thus, the prescence of non-locals in the districts does not mean that they have cornered the jobs of local people. Or whether the reservations are to be appointed based on the region etc.
The report of the Commission is beyond its terms of reference with an anxiety to show that a particular community, Mala, occupied more posts. They are recruited on National level and merit basis through competitive examination. There are no reservations provided for the posts of High Courts Judges and Supreme Court Judges and there are also no reservations for the post of Ministers and Cabinet Ministers.
But, the Commission in its over anxiety and over enthusiasm tried to project the figures furnished by the MRPS without proper verification and without application of mind. Hence, the conclusions drawn by the Commission are inaccurate and based on irrelevant and extraneous consideratons. The Commission also committed error in selecting a few institutions for sample study and a limited number of Government departments and agencies identified and selected by the Government which is out and out supporting the cause of MRPS.
The information furnished is one-sided and in many cases they are cooked up and fabricated to prove its point of view.
For instance, in A. Selecting a few and collecting data from insufficient number and through random surveys we cannot expect a fair and just conclusions. Thus it is prejudicial, pre-determined, pre- judged and the recommendation for sub classification of Scheduled Castes is a foregone conclusion. The Commission did not even bother to consider the observations of the Supreme Court that categorization is no solution to the problem and the remedy suggested by way of special courses etc.
But, in contrast, the Commission observed that the Adi-Andhras have concered more benefits limiting their population to just 1. The Commission except reiterating the guidelines issued by the Governent about the implementation of the Special Component Plan never bothered to review the implementation of the programme and failed to verify the diversion of funds made by the successive Governments in implementing the programmes.
There will be no need for any complaint if these schemes are implemented for the individual benefit and for the area developement as contemplated. It also failed to review the position of about 30, backlog vacancies which are not filled up in the State.
It is a fact that there are still lakhs of SCs children who are not admitted to schools in spite of Sarva Siksha Abhiyan Scheme and there is inadequate enrollment of students at all the levels and when the scholarships are not fully utilized by any District under any scheme, and the dropout rate of Scheduled Castes students, which is alarming.
Further, the Commission conveniently not taken into account and failed to take note of the special schemes being implemented by the Government for Madigas, the facilities and services being extended by LIDCAP and establishment of Leather Parks in various districts investing several crores of rupees by alloting thousands of acres.
Thus, the observations of the Commission that Malas are cornering most of the benefits is meaningless and absolutely false. The Commission failed to take note of Article , of the Constitution of India and the judgement of E. Thus, further sub-classification, mini-classification, division or grouping is beyond the power of Parliament and thus unconstitutional.
Justice Usha Mehra Commission Submitted its Report to the Union Government of India
Verma, former Chief Justice of the Supreme Court, was constituted to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. The Committee submitted its report on January 23, It made recommendations on laws related to rape, sexual harassment, trafficking, child sexual abuse, medical examination of victims, police, electoral and educational reforms. We summarise the key recommendations of the Committee. The Committee was of the view that rape and sexual assault are not merely crimes of passion but an expression of power. Rape should be retained as a separate offence and it should not be limited to penetration of the vagina, mouth or anus.
JUSTICE USHA MEHRA COMMISSION
Hence the report of the Commission is unilateral, irrational and unreasonable. Madiga is one caste among the castes. Thus, the observations particularly made with reference to Malas, that for Malas, Madigas are untouchables has no basis and irrelevant and biased and motivated. The observations of the Commission relating uha Scheduled Caste in Andhra Pradesh are not correct and made with an ulterior motive. There will be no need for any complaint if these schemes are implemented for the individual benefit and for the area developement as contemplated. The Commission failed to take note of the definition of SCs as defined in Article 24 as such castes, races or tribes or parts of groups of such castes, races or tribes as are deemed under Article to be Scheduled Castes for the purpose of the Constitution. The Commission also committed error in selecting a few institutions for sample study and a limited number of Government departments and agencies identified and selected by the Government which is out and out supporting the cause of MRPS.
Commissions / Committees
JUSTICE USHA MEHRA COMMISSION REPORT PDF