TIN24 SPECIAL EDITORIAL |
“Social Justice Delayed Is Social Justice Denied”: Hindu Mang Community Seeks Constitutional Sub-Categorization of Scheduled Caste Reservation in Maharashtra
By: Amit Alhat, Editor, The India News 24 (TIN24)
Mumbai |Date 3 jul :
The demand for sub-categorization within Scheduled Caste reservation for the Hindu Mang community has once again become a major constitutional and social justice issue in Maharashtra. The demand is based on the argument that despite receiving constitutional reservation benefits since 1950, several marginalized Scheduled Caste communities, including sections of the Hindu Mang community, continue to remain underrepresented in higher education, government employment, and socio-economic development.
The recent Constitution Bench judgment of the Hon’ble Supreme Court in State of Punjab v. Davinder Singh (2024) has reaffirmed that States possess constitutional authority to create sub-classifications within Scheduled Castes for the purpose of ensuring equitable distribution of reservation benefits among the most disadvantaged groups. The Supreme Court held that Scheduled Castes are not necessarily a homogeneous category and that targeted affirmative action measures may be constitutionally permissible to achieve substantive equality.
Representatives and activists of the Hindu Mang community argue that, despite constitutional safeguards under Articles 14, 15(4), 15(5), 16(4), 16(4A), 38, 46, and 341 of the Constitution of India, a significant section of economically and socially disadvantaged Hindu Mang families have remained excluded from meaningful educational advancement and public employment opportunities for decades.
According to community representatives, many poor families belonging to the Hindu Mang community continue to face barriers such as:
Lack of access to quality primary and higher education;
Limited awareness of government welfare and scholarship schemes;
Continued economic deprivation and poverty;
Underrepresentation in public services and professional sectors; and
Inadequate outreach by welfare delivery mechanisms.
The Constitution places a responsibility upon the State under Article 46 to promote the educational and economic interests of weaker sections, particularly Scheduled Castes and Scheduled Tribes. Community leaders argue that welfare schemes alone are insufficient unless there is effective implementation, awareness generation, and direct outreach to marginalized families.
The Hindu Mang community’s demand emphasizes that social justice policies should ensure that reservation benefits reach those sections of Scheduled Castes that continue to remain educationally and economically disadvantaged. They contend that the constitutional principle of equality requires not merely formal equality, but substantive equality that addresses historical and continuing disadvantages.
At the same time, constitutional experts note that while the Supreme Court has recognized the power of States to create sub-classifications within Scheduled Castes, any such policy must comply with constitutional requirements and be supported by appropriate legislative and factual justification consistent with the principles laid down by the Court.
The continuing debate raises an important question for policymakers and society:
After more than seven decades of constitutional reservation, if sections of Scheduled Caste communities continue to remain deprived of basic educational opportunities and socio-economic advancement, does this indicate a failure of implementation, a lack of awareness outreach, structural inequalities, or deficiencies in welfare delivery systems?
The demand for sub-categorization by the Hindu Mang community is therefore being presented not merely as a political issue, but as a constitutional question of ensuring equitable distribution of social justice benefits among the most disadvantaged members of Scheduled Castes.
Constitutional References
Article 14 – Equality before Law
Article 15(4) & 15(5) – Special provisions for socially and educationally backward classes
Article 16(4) & 16(4A) – Reservation in public employment
Article 38 – Promotion of social justice
Article 46 – Educational and economic interests of weaker sections
Article 341 – Scheduled Castes notification
Important Judicial Reference
State of Punjab & Ors. v. Davinder Singh & Ors. (2024), Constitution Bench (7 Judges), Supreme Court of India
E.V. Chinnaiah v. State of Andhra Pradesh (2004) – Overruled by the Constitution Bench in 2024
Author: The India News 24
TIN24 (The India News 24) The India News 24 (TIN24) is a Mumbai-based news Digital Media focusing on breaking news, local and regional issues in India, with content primarily in Marathi. It was established with an X (Twitter) presence since July 2022. Owner & News Editor: Amit Alhat Education: BA in Mass Communication Journalism (Graduate) Experience: 12 years in journalism Platforms: - Website: https://theindianews24.in - X (Twitter): https://x.com/the_indianews24 - YouTube: https://www.youtube.com/@theindianews247 - Instagram: https://www.instagram.com/theindianews_24
