Atma Gaurava Bhavans, a novel concept of the Telangana government for constructing buildings for all castes, aimed at their social, cultural and educational upliftment, are likely to take longer to complete. (‘Atma Gauravam’ translates to self-respect)
Of the 41 such bhavans taken up by the Backward Classes Welfare Department, buildings meant for Yadavs and Kuruma communities (both BC) are nearing completion. According to senior officials, the remaining 39 bhavans are either in the stage of finalising architectural designs or are inviting tenders.
The same is the case with Christian Bhavan, meant for Christian minorities, for which the foundation stone was laid on December 12 last year. The government allotted two acres in Uppal Bhagayat along with sanctioning ₹10 crore for the construction and, in fact, had even released ₹1.5 crore.
The construction work on the building is yet to commence, according to Telangana United Christians and Pastors Association general secretary Goneh Solomon Raj. He said the community had been allotted lands to construct buildings in seven of the 33 districts, of which the buildings in Siddipet and Gajwel are completed, and construction activity is going on in a few other places.
The concept of Atma Gaurava buildings is considered one-of-a-kind in the country. These centres, according to the officials, would aid in highlighting the talents of those belonging to the Other Backward Classes (OBC) communities in social, cultural and educational fields. The Atma Gaurava Bhavans would be used for holding events and functions of these communities. However, legal experts and civil society groups have raised concerns about it.
While the government claims that it is working for the social and financial upliftment of the OBCs, the question that arises here is whether the initiative to provide each community with a Bhavan (building) of its own will be in line with the objective of the overall growth of the OBCs.
Moreover, the departments concerned have been asked to fund between ₹50 lakh and ₹10 crore for the construction costs of different bhavans. Given the financial constraints these departments face, with the revenue receipts not being up to expectations, they are set on a tightrope walk as far as allocating funds to these buildings is concerned.
‘Ploy to garner OBCs’ support’
Meanwhile, the Opposition parties see the ‘well-intentioned’ project as the ploy of the ruling TRS party to win the support of OBCs, and the civil society groups termed it a waste of taxpayers money.
Outgoing BJP State president Bandi Sanjay Kumar was critical of the TRS government for coming up with big announcements for Bcs during elections and forgetting them after getting votes.
The project also raises certain questions regarding the legal provisions enshrined in the Constitution. Article 15 of the Constitution forbids discrimination on grounds only of religion, race, caste, gender or place of birth. Article 15, however, says that favourable discrimination based on certain other aspects can be done to uplift weaker sections of society. “But, backwardness is the sole criterion if the spirit of Article 15 is considered. However, allotment of bhavans to well-off classes like Kammas and Velamas do not fit into this consideration,” legal experts say.
‘Violation of the Constitution’
Former Chief Information Commissioner and Constitutional law expert Madabhushi Sridhar Acharyulu says that allotment of caste-based bhavans will be a violation of the Constitution as the government could not give land or a building to any association or committee in the name of caste except for the Scheduled Castes and Scheduled Tribes based on their backwardness.
A clause of the Article says that no citizen should be subject to any disability, liability, restriction or condition with regard to access to establishments maintained wholly or partly out of State funds or dedicated to the use of the general public.
Clauses 3 to 6 of Article 15 allowed positive discrimination in favour of disadvantaged groups, but there could not be any buildings for castes like Velamas and Kammas at the cost of the government. Clauses 3 and 4 allow the State to make special provisions for women and children and for the advancement of any socially and educationally backward classes of citizens or for the SCs and STs.
Similarly, Clause 5 provides for reservations in educational institutions, and Clause 6 allows the State to make special provisions for the advancement of economically weaker sections other than the classes mentioned in Clauses 4 and 5.
Mr. Sridhar Acharyulu cited the amendment made to Article 16 of the Constitution, which enables the State to make special provisions for reserving appointments or posts in favour of economically weaker sections in addition to the existing reservation, subject to a maximum of 10 percent posts in each category.
Similar is the case with Brahmins, Vaishyas and Kshatriyas. “It is basically violative,” he says. The reason was the buildings allocated to these dominant communities could not be used by other castes, which would mean discriminating against them. “It can be struck down at any time by the High Court or Supreme Court. There is no doubt or scope for any argument about this,” he adds.
HC Division Bench order
Mr. Sridhar Acharyulu quoted the recent strong disapproval expressed by a division bench of the High Court comprising Justice Ujjal Bhuyan and Justice N. Tukaramji over the allocation of prime land for the construction of community bhavans based on caste.
The High Court had recently stayed the allotment of land for Velama and Kamma communities holding that there is no rationale in providing land free of cost to dominant caste groups. Chief Justice Ujjal Bhuyan questioned the rationale behind allocating properties on a caste basis and emphasised the need for an inclusive and progressive society.
The court was dealing with a petition filed by retired professor A. Vinayak Reddy challenging the allocation of five acres of land each to the Velama and Kamma communities in Serilingampally mandal near the HiTech city. Advocate General B.S. Prasad is said to have informed the High Court that the government had allocated land not only to these two groups but also to various other communities to construct community bhavans. The government would follow GO 571, which mandates the allotment of land based on market value. He said considering the financial limitations of the poorer communities, certain discounts could be provided.
Senior advocate Sarasani Satyam Reddy said that though the two communities were not given lands free of cost, it would amount to using valuable land in violation of Article 15, read with Article 14. He argued that the two communities were among the wealthiest in the State, and the market value of the allotted land was exceptionally high.
The bench said: “Nowhere such practice exists. This is very narrow-minded. It’s absurd as in other States, several groups acquired properties at market value and built hospitals.”
“Is it correct for a State to allocate property on a caste basis? It should not be done by the government,” the division bench is said to have observed.
The division bench observed that allotment of land to caste groups was against the orders issued in the past by the Supreme Court. It raised concerns about the regressive nature of caste-based divisions and urged the government to implement schemes that promote inter-caste marriages.
The bench passed ex-parte orders to suspend the allocation of lands to Kammavari Seva Sanghala Samakhya and the All India Velama Association.
Brainchild of KCR
The project, a brainchild of Chief Minister K. Chandrasekhar Rao, was conceived as a large chunk of the population hails from the OBCs, and their financial condition is not sound. The government has identified lands in Kokapet, Ghatkesar, Medipalli, Abdullahpurmet, Injapur and other locations for setting up these bhavans.
A total of 112 communities are listed in the OBC list of the Telangana government. The government has decided to allot a building to each of these communities. The initiative will involve all the OBC communities. Under the initiative, the Munnurukapu community of Group D has already been allocated ₹5 crore as well as five acres of land by the government.
Apart from this, the Dudekula community has been allocated ₹3 crore and three acres of land. Munnuru Kapus will be allotted five acres and ₹ 5 crore, Dudekula three acres and ₹3 crore, Gangaputras two acres and ₹2 crore, Viswa Karma 2 acres and ₹2 crore, Nayi Brahmins one acre and ₹1 crore and half acre land and ₹50 lakh each to Arey Kshatriyas, Vaddera, Kummari, Yerukala, Uppara, Mera, Budiga Jangala, Medhara, Perika, Chathada, Srivysnava, Katika and Bhatraj communities.
Under this initiative, apart from the communities on the OBC list, the Yerukaalas (a Scheduled Tribe) and Budaga Jangams (a Scheduled Caste) have also been sanctioned their own Atma Gaurav Bhavans.
A review meeting chaired by the Chief Minister ahead of the full-scale implementation of the project a couple of years ago examined various caste groups’ appeals in this regard. It observed that BCs in Telangana are a majority. They are, however, backwards in social, educational and financial areas.
The government has been taking several measures for their development. In addition, the State government will construct buildings in Hyderabad for every caste. Required lands have been identified and procured for this purpose, and necessary funds would be kept ready, the meeting resolved. In addition to the OBCs and other communities, the Chief Minister announced in the meeting that an Atma Gaurava Bhavan would be constructed, benefitting 36 nomad castes on 10 acres with an estimated ₹10 crore.
Accordingly, arrangements are being made in the buildings for the development and advancement of all castes. In addition to performing marriages, the buildings would function as centres of excellence for educational and cultural activities.
“Telangana is a role model not only for its communal harmony but also for social consciousness. Already lands have been allotted for buildings for some castes, and orders have been issued. Lands and funds would also be allotted to other castes,” he said.
‘Will further divide the society’
Forum for Good Governance (FGG) secretary M. Padmanabha Reddy says: “Will construction of buildings alone ensure atma gauravam (self-respect)? Why are these buildings constructed for each community at the expense of taxpayers’ money? It is not correct.” He opines that the construction of buildings for communities would further divide society rather than do public good.
He recalled the recent High Court observation on the allotment of land to well-off communities. He said the government could instead construct a large meeting hall attached to the gram panchayat building where individual communities could conduct their meetings as and when required. He recalled how the government allowed the construction of community halls utilising the MLAs’ Assembly Constituency development funds in their respective areas in the past. “The allotment was cancelled following irregularities noticed in the allotment of funds for such community halls,” he said.
The FGG secretary said the forum had, in fact, filed a public interest litigation against the allotment of 11-acre land to the Bharat Rashtra Samitj office at a prime location in Hyderabad and said the FGG was awaiting the outcome of the petition.
