Instead of caste-centric method to decide backwardness, the state should evolve new ways to find out a deserving class, like transgenders, for giving quota benefits, the Supreme Court today said.
The apex court, which quashed the Centre's notification to grant reservation to "politically organised" Jats, said that though caste is a "prominent and distinguishing" factor for "easy determination of backwardness of a social group, it cannot be the sole ground for determining backwardness.
"Social groups who would be most deserving must necessarily be a matter of continuous evolution. New practices, methods and yardsticks have to be continuously evolved moving away from caste-centric definition of backwardness. This alone can enable recognition of newly- emerging groups in society which would require palliative action.
"The recognition of the third gender as a socially and educationally backward class of citizens entitled to affirmative action of the state under the Constitution in National Legal Services Authority vs. Union of India is too significant a development to be ignored," a bench of justices Ranjan Gogoi and R F Nariman said.
The court also said grant of OBC status to transgenders was "a path-finder, if not a path-breaker," and it is an important reminder to the state to discover emerging forms of backwardness.
"The state, therefore, cannot blind itself to existence of other forms and instances of backwardness...," it said.
It said that backwardness is a manifestation caused by the presence of several independent circumstances which may be social, cultural, economic, educational or even political.
"Owing to historical conditions, particularly in Hindu society, recognition of backwardness has been associated with caste. Though caste may be a prominent and distinguishing factor for easy determination of backwardness of a social group, this Court has been routinely discouraging the identification of a group as backward solely on the basis of caste," it said.
