Use of technology to achieve social justice a distant dream

The Government of India must view the SC's directive seeking cadre-wise data as an opportunity to act on its commitment to social justice through technology

Addressing a technology summit in late 2018, Prime Minister Narendra Modi said that India had made “technology a medium to attain social justice”. Admirable as it sounds, more than four years later, the reality is that the efficient implementation of technology in the area of reservation in promotions for the Scheduled Castes (SCs) and the Scheduled Tribes (STs) remains a distant dream.

In February, while taking cognisance of the various petitions filed by state governments and reserved category employees citing inadequate representation and unfilled posts in reserved categories, the Supreme Court asked all states to provide information on the cadre-wise data on the inadequate representation of the SCs and the STs for facilitating reservation in promotions.

The Union government informed the apex court that it had data on the representation of the SCs and the STs in different classes of jobs (Class I, II, III, and IV), and that adequacy of representation differed across employment classes — with a higher percentage in Class III and Class IV, and very low in Class I. The Centre admitted that collecting cadre-wise data was challenging because the Union government has over 5,000 cadre in 90 ministries/departments, employing around 3 million people. At present, the roster system is highly decentralised with the roster being maintained at a departmental level.

This is problematic because the ruling in Nagraj vs Union of India (2006) requires that the government must provide cadre-wise quantifiable data to demonstrate the inadequate representation of the SCs and the STs before going forward with providing reservations in promotions.

This glaring inadequacy — to maintain the cadre-wise data for ensuring timely promotions in the reserved category — calls for a digital solution, i.e., a centralised, and digitalised master roster. This will not only create an updated database that is streamlined and easily accessible, but it will also enable the Union government to monitor the departments when it comes to updating their rosters punctually. It will also reduce the chances of errors and inconsistencies in the reservation data. This efficient management of data would, in turn, help rebuild trust and credibility in the reservation system, which has often faced criticism for its laxity when it comes to making promotions.

Complementarily, a centralised, digitalised master roster serving as a comprehensive repository of data on the representation of various reserved castes would also facilitate the effective implementation of the creamy layer principle, which excludes the relatively wealthier and privileged castes within the reserved castes from availing reservations, as extended by the ruling in Jarnail Singh v Lacchmi Narain Gupta (2018) to the SCs and the STs for reservation in promotions.

Furthermore, it would also be instrumental in formulating internal reservations within the reservation matrix to benefit those castes who have not achieved parity with the reserved castes that have already benefited from reservations. This would ensure a more equitable distribution of opportunities within the historically marginalised castes.

Therefore, the government must view the court's directive seeking cadre-wise data as an opportunity to act on its commitment to social justice through technology. Moreover, the digitalisation of this process also aligns with the larger vision of Digital India. This move can serve as an example of how technology can be harnessed to ensure social justice, and bridge the gaps that have plagued the system for years.

It is also essential to address any potential drawbacks and concerns that may arise with the implementation of a centralised master roster. Data privacy and security must be a priority, with robust measures in place to protect sensitive information from unauthorized access or misuse. Additionally, clear guidelines and protocols should be established to ensure that the digital roster is used responsibly and ethically by all parties involved.

Modi’s words on the role of technology in social justice must not remain a distant dream. It is time for the Union government to take decisive action and start working towards a centralised and digitalised system that can genuinely address the issue of inadequate representation in promotions for the SCs and the STs. Only then can we hope to achieve a more inclusive and equitable society that leaves no one behind.

(Jehosh Paul is a lawyer and research consultant associated with the Congress)

Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.