By Rupasri Pattanayak
Social Justice 2.0: Time to Revisit Reservations and Representation
India has constitutional commissions for Scheduled Castes, Scheduled Tribes, Women, Backward Classes, and Minorities but why not for Men or the Unreserved Category? India has established a series of constitutional and statutory commissions to protect and promote the rights of historically disadvantaged and marginalized communities. These bodies play a critical role in ensuring welfare, representation, and justice.
At the forefront is the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST), both constitutional bodies functioning under the Ministry of Social Justice and Empowerment. Enshrined in Article 338 and Article 338A of the Constitution, the commissions were granted constitutional status in 2004 after a long journey that began in 1978. Their mandate includes the protection, welfare, development, and advancement of Scheduled Castes and Scheduled Tribes across the country.
The second key institution is the National Commission for Women (NCW), a statutory body established on 31 January 1992 under the National Commission for Women Act, 1990. The NCW serves as the voice of women in India, addressing issues such as dowry, political representation, workplace equality, and the exploitation of women in the labour force. Its campaigns have often brought gender justice to the forefront of national debate.
Another crucial body is the National Commission for Backward Classes (NCBC). Originally set up as a statutory body in 1993 through the National Commission for Backward Classes Act, the NCBC was elevated to a constitutional body in 2018 through the 102nd Constitutional Amendment, under Article 338B. The commission advises the government on matters related to the socially and educationally backward classes and safeguards their rights.
Completing the list is the National Commission for Minorities (NCM), a statutory body under the Ministry of Minority Affairs. Established in 1993, the NCM is tasked with safeguarding the interests of India’s recognized minority communities, Buddhists, Christians, Jains, Muslims, Sikhs, and Zoroastrians. It addresses grievances, monitors welfare programs, and ensures equal opportunities for minority groups. Together, these commissions form the backbone of India’s institutional framework for social justice, equality, and inclusive development.
A growing demand in the dream of Vikshit Bharat is unfolding around the absence of similar institutions for Men and the Unreserved Category. The rising instances of false dowry and harassment cases, men’s mental health, gender biased competitions and reservations are largely remained unaddressed in India. Like National Commission for women, voices are emerging in demand of National Commission for Men.
Alarmingly, in recent years the cases which were registered where women have been implicated in the killing of newlywed husbands, which arises concerns about the absence of proper legal support for men.
- A Jaipur woman and her lover strangled her husband and disposed the mortal body in a cement drum, was viral online, drawing national concern.
- In June 2025, Sonam Raghuvanshi was arrested for orchestrating the murder of her husband in Meghalaya during their honeymoon.
The misuse of the legal provision of Section 498A & Alimony Laws.
- In August 2025, a Delhi court discharged a man and six relatives of alleged charges under 498A, dowry harassment, and sexual offenses, citing a lack of credible evidence and warning against overreach in applying criminal law to matrimonial disputes.
- In December 2024, the Supreme Court explicitly criticized the growing trend of weaponizing Section 498A for vendettas and emphasized the judiciary’s need to guard against such misuse.
- In 2021, 14.2 suicides per 100,000 were reported among Indian men, 2.5 times the rate for women. Leading causes included family disputes, ill-health, and unemployment.
The most contentious debates in India’s social justice landscape revolves around the reservation system. The cause for the reservation policy was noble and for a certain period was the target to implement. It played a vital role in uplifting historically disadvantaged groups but later it became a political strategy for vote banks, resulting brain drain. And the time has come to recognize the financial background as a key criterion for reservation, ensuring that the truly disadvantaged regardless of caste are not left behind.
Revisit the “Creamy Layer” Principle
- The current framework excludes the “creamy layer” from OBC reservations, but critics say this principle should be applied more rigorouslyacross categories. Families that are already economically well-off should not continue to draw benefits intended for the underprivileged.
Supporters argue that without such reforms, the reservation system risks entrenching new inequities even as it seeks to correct historical ones. With the 16th Census scheduled for 2027, the government has an opportunity to rethink the reservation framework before fresh demographic data is collected. Experts argue that this is the ideal time to revisit the “creamy layer principle” and ensure that reservations continue to serve those who need them most.
