Reservation is an arrangement to have something
kept for a person or group of persons or for a special purpose: or an area of
land made available for a particular disadvantaged group of people to live in.
The Indian reservation system was created on the bases of system
adopted in USA to keep Native Americans off of lands that
European Americans wished to settle. The reservation system allowed Indian
tribes to govern themselves and to maintain some of their cultural and social
traditions
The primary objective of the reservation system in India is to
enhance the social and educational status of underprivileged communities and
thus improve their socio-economic status.
The system of reservation in India comprises a series of measures,
such as creating an access to seats in the various legislatures,
government jobs, and enrollment in higher educational institutions. The
reservation nourishes the historically disadvantaged castes and tribes, listed
as Scheduled Castes and Scheduled Tribes (SCs and STs) by the Government of
India and also those designated as Other Backwards Classes (OBCs). The
reservation is undertaken to address the historic oppression, inequality and
discrimination faced by these communities and to give these communities a place
or opportunity to reap the benefits to advance themselves. It is intended to realize
the promise of equality enshrined in the Constitution.
The Constitution prohibits untouchability and obligates the
state to make special provision for the betterment of the SCs and STs. Over the
years, the categories for affirmative action, also known as positive
discrimination, have been expanded beyond those to the OBCs.
Reservation is governed by the Constitution, statutory laws, and
local rules and regulations. The SCs, STs and OBCs, minorities, women, local
bodies and panchayats are some specific categories benefiting from reservation.
Britishers introduces the Quota system favouring certain
castes and other communities who are oppressed by the social and political
order existed before independence in several areas of British India. Demands
for various forms of positive discrimination had been made, for example, in
1882 and 1891. Shahu, the Maharaja of
the princely state of Kolhapur,
introduced reservation in favour of non-Brahmin and backward classes, that came
into force in 1902. Provisions for free education to everyone of depressed
section was introduced and schools and hostels were opened to make it easier
for them to receive education.
The British Raj introduced elements of reservation in the
Government of India Act of 1909. Communal Award was a significant
emergence of that effort which provided separate representation for Muslims,
Sikhs, Indian Christians, Anglo-Indians, and Europeans. This is
popularly known as the Poona Pact. After the Independence
of India in 1947 some major initiatives were taken in favour of
the STs, SCs and after 1980s in favor of OBCs (Other Backward Castes). The
country's affirmative action programme was launched in 1950 by providing
constitutional support. In fact, this is the oldest program worldwide to
ensure representation to disadvantaged sections of society through law. A
common form of caste discrimination in India was the practice of untouchability
that was in vogue for centuries and SCs were the primary targets of the
practice. Significant and consistent efforts were made to declare unlawful
before independence too but it could be declared unlawful by the new
Constitution of India.In 1954, the Ministry of Education suggested that
20 per cent of seats should be reserved for the SCs and STs in
educational institutions with a provision to relax minimum qualifying marks for
admission by 5 per cent wherever required. In 1982, it was specified that 15
per cent and 7.5 per cent of vacancies in public sector and government-aided
educational institutes should be reserved for the SC and ST candidates,
respectively. A significant change began in 1978 when the Mandal Commission was
established to assess the situation of the socially and educationally backward
classes. In 1980 the commission's report recommended that 27% of seats should
be reserved for OBCs in respect of services and admissions in institutions of
higher education operated by the Union Government and public sectors and this
section should be provided jobs in government and public sector as well.
Violent agitation in 1990 compelled the central government to implement the
recommendations of Mandal Commission.
The Constitution of India states in Article 15(4):
"Nothing in [article 15] or in clause (2) of Article 29 shall
prevent the State from making any special provision for the advancement of any socially
and educationally backward classes of citizens of or for the Scheduled
Castes and the Scheduled Tribes." Article 46 of the
Constitution states that "The State shall promote with special care the
educational and economic interests of the weaker sections of the people, and,
in particular, of the Scheduled Castes and the Scheduled Tribes, and shall
protect them from social injustice and all forms
In parliament and state assemblies, caste and tribe based
reservations are provided to make it more representative.. Today, out of 543
seats in India's parliament, 84 (15.47%) are reserved for SC/Dalits and 47
(8.66%)for ST/Tribes. Allocation of seats for Scheduled Castes and Tribes in
the Lok Sabha and state assemblies are made on the basis of proportion of
Scheduled Castes and Tribes in the State concerned to that of the total
population. After 72nd and 73rd constitutional amendments, Local self-governments
and panchayats have caste, tribe and gender based reservation system at place.
A fixed percentage of India's government and public sector jobs are made
exclusive for categories of people largely based on their caste or tribe.
The 1992 Supreme Court ruling in the Indra Sawhney case declared that reservations in job
promotions are "unconstitutional" but allowed its continuation for
five years. In 1995, the 77th amendment and 85th amendment to the
Constitution was made to amend Article 16 to make these segments to have
reservation in promotions and annulled the Supreme Court judgment.
The 81st amendment was made to the Constitution to permit the
government to treat the backlog of reserved vacancies as a separate and
distinct group, to which the ceiling of 50 per cent did not apply. The 82nd
amendment inserted a provision in Article 335 to enable states to give
concessions to SC/ST candidates in promotion.
According to the Dharma
Shastras in Hinduism, the society can be divided into four categories based
on the birth and occupation of the family, a person is born into.
Brahmins Kshatriyas Vaishyas and sudras. 22.5% of
available seats are reserved for SC and ST students (7.5% for STs,
15% for SCs). This reservation percentage has been raised to 49.5% by including
an additional 27% reservation for OBCs. The Women's Reservation Bill was passed
by the Rajya Sabha on 9 March 2010 is still pending in Lok Sabha since March
2013. Critics say gender cannot be held as a basis for reservation alone other
factors should also be considered e.g. economic, social conditions of woman
candidate especially when applying reservation for educated women. There also
is a growing demand for women reservation in pre-existing reservations like
OBC, SC/ST, physically handicapped etc. Some groups still demand that
reservation for women should be at least 50 per cent as they comprise 50 per
cent of the population.
In Gujarat, 33% of posts are reserved for females in all
government departments . Likewise provisions are made in different states of
varying nature.
Demand is raised for reservation for minorities. Likewise
affluent rural dominant castes such as Marathas, Jats, Pattidars, Gurjars etc.
are vehemently agitating for reservation and violence erupted time and again
when these sections come forward in support of demand of reservation as these
sections are indeed affluent sections of the society who have resources,
strengths of numbers and huge political clout in their favour. Reservation for
different special categories such as Terrorist victims, Single girl child,
Migrants from the state, Sons/daughters/grandsons/granddaughters of Freedom
Fighters, Physically handicapped, Sports personalities, Non-Resident Indians,
Candidates sponsored by various organisations, Those who have served in the
armed forces e.g. ex-serviceman' quota, short service commission,
Dependents of armed forces personnel killed-in-action, Repatriates, Reservation
in special schools , Seat reservation for Senior citizens and physically
handicapped in public (bus) transport.
Moot question is whether reservation has any relevance or
justification after 72 years of independence! Yes, this is the question which
is agitating the young ones of India. And should be asked as their chances of
admission in higher education and getting job has shrunk drastically and on
surface they encounter that some of their peers with less qualification and
skills get better opportunities. This is the crux of problem and governments
have created this deliberately to make the reservation as a ‘bone of contention’,
in fact, the purpose of reservation was/is to get rid of caste barrier and
caste discrimination. It acts as an antibiotic for caste discrimination.
Reservation is not for financial growth but for social equity. No significant
change has been effected in social milieu even after 72 years of independence
and the only reason is that reservation was not implemented as a tool of social
equity rather it was made an instrument in the hand of political system to
create divide and induce hatred amongst the warring communities and ultimately
to garner votes and popular support to win elections. The word reservation is a
misnomer. The appropriate word for it used in the Indian constitution is
‘Representation’. It is not given to anyone in his individual capacity. It is
given to individual as a representative of the underprivileged community.
Indian constitution differentiates reservation from representation.
Constitution does not provide reservation to any community. It facilitates
‘representation’ from less-represented communities. So the proper word is
‘representation’.
Constitution Articles 14, 15 and 16 provide for right to
equality, get rid of discrimination and right against discrimination.
‘Right to Equality’ must go with ‘Right against Discrimination’.
Right to equality cannot be achieved unless right against discrimination is not
enforced.
Disadvantaged sections must get back their fundamental rights.
25 crores Indians should not remain as backward and out of main stream. The
goal is to make them a part of main stream forcefully through equally
proportionate representation. They were thrown out of Hindu fold forcefully. So
they should be uplifted socially forcefully. This is the quest for justice and
equity.
Social acceptance comes through participation. Since these
segments were kept out of mainstream through the social stigmatization, upper
caste hegemonic tendency and behavior. Annihilation of reservation means
annihilation of representation which mandates annihilation of discrimination.
So called reserved sections even did not have Human rights after 72 years of
independence. These sections are neither claiming nor provided reservation more
than the share of their population.
Even today, their representation is abysmally low. This
situation exists when they have reservations. Just assume what had been
happened without reservation for the people of these categories. Most of higher
posts/positions are manned by upper castes people till today and there seems no
change in near future too. On the other hand Reserved categories people
are not properly represented in higher posts. As per the findings
of Socio-Economic Caste Census 2011, only about 4 per cent each of rural
Scheduled Tribe and Scheduled Caste households have a salaried job. North is at
the top with 16 per cent followed by the Union Territories at 14.97 per
cent, the Northeast at 11 per cent, and West at 3.79 per cent. East has 2.80
per cent and South is at the bottom with 2.58 per cent. Surprisingly low in the
list is Central Zone, which comprises states such as Madhya Pradesh and
Chhattisgarh with a substantial tribal population. In this zone, only 3.12 per
cent ST households have someone in a government job. As per written reply by
Department of Personnel and Training (DoPT) in Lok Sabha, despite long years of
affirmative action in India, the higher bureaucracy at the Centre has less than
10 per cent representation from the Scheduled Castes (SC) and Scheduled Tribes
(ST), and not a single one from Other Backward Classes (OBC). Higher
bureaucracy refers to officers at the level of Secretary, Special Secretary,
Additional Secretary and Joint Secretary.
According to a written reply by the Department of Personnel and
Training (DoPT) in the Lok Sabha, there are 431 officials at the Secretary,
Special Secretary, Additional Secretary and Joint Secretary level in various
Central Ministries and Departments. Of this, only 28 belong to the SC category
and 12 to the ST category. These officials are appointed under the Central
Staffing Scheme (CSS). At the next rung of additional secretary, out of 108
officers , there are just two each from SC and ST. Further down, out of 477
joint secretaries , 31 belong to SC, that is, 6.5% and 15 belong to ST that is
3.1%. And out of 590 directors, 17 belong to SC (2.9%) while seven belong to ST
(1.2%). There is no reservation for these posts but one would expect that out of
the pool of officers from SC and ST entering the civil services through quota —
15% for SC, 7.5% for ST and 27% for OBC — a better proportion would have made
it to these top rungs by now.
Actually, even in the most sought after civil services, IAS, IPS
and IFS, the proportion of SC, ST and OBC officers was below the mandated
quotas. Out of 3,251 directly recruited IAS officers, SC officers made up
13.9%, ST officers 7.3% and OBCs just 12.9%. This information , too, was stated
in the Lok Sabha by Narayanasamy in 2011. Clearly, the underprivileged sections
are not yet getting the full advantage of affirmative action envisaged by the
Constitution makers. This is further confirmed by the huge number of vacancies
in government positions reserved for SCs and STs.
According to a statement given in the LS in November last year
by Narayanasamy, there were 25,037 'backlog' posts for SC lying vacant in 73
government departments and bodies. These are positions reserved for SC members
that have not been filled over the years and thus have accumulated. They
include both direct recruitment and promotion-based positions. Out of these,
4,518 positions were vacant because no candidate was available for promotion.
Similarly for ST, 28,173 'backlog' posts were vacant, of which 7,416 were meant
for filling up by promotion.
If you look at all central government employees, 17% of them
were SC while 7.4% were ST. This appears to be fulfilling the mandated norms of
15% SC and 7.5% ST. But there is a catch. There is a deep skew of SC/ST members
in the hierarchy of central government jobs — as you move up the ladder, there
are less and less employees /officers from SC/ST. Among Group A officers, only
11.1% were SC and 4.6% ST. In Group B, the shares were 14.3% and 5.5%,
respectively. In group C, there were 16% SC and 7.8% ST, slightly more than the
quota . And in Group D, there were 19.3% SC and 7% ST.
This high proportion of SC in Group D is because nearly 40% of
"safai karamcharies" are SC. This pushes up the proportions all
round. Actually it only denotes the harsh reality that despite all the talk of
ending discrimination and socio-economic upliftment, dalits are still forced to
do most menial jobs. This is further confirmed by the huge number of vacancies in
government positions reserved for SCs and STs. Whereas in Group D jobs nearly
40% of “safai karamcharies” are SC.
1. SC/ST is holding Govt post without proper merit.
It is blatant lie that SC/ST have entered in the government
without merit. It is established and scientific fact that talent and
intelligentsia is evenly distributed over the whole spectrum of population
across castes. Even society is based on Jajmani system, all craft and talent
oriented work were assigned to this segment of society. This segment of society
is subjected to poverty, malnutrition, limited opportunities to complete with
their counterparts of general caste people. If play is not on equal rules and
terms then how the results could be same! Even then they qualify the minimum
standards set for any assignments which is barely 5% less than the general
categories.
2. Reservation hinders county’s growth
This is a well orchestrated propaganda of vested interests to
malign the reserved categories people. They are equal partners in the nation
building and integration of the nation. Moreover, almost all menial and labour
and skill oriented works are carried out by this segment of the society.
3. Reservation should be based on economical status
SC/ST reservation is given for their social upliftment, not just
financial upliftment. This provision is made to mitigate the discrimination and
exploitation. Today, a hue and cry is made to base the reservation on economic
criteria mainly because to rob the little benefits that have trickled down to
this segment. Historically, society was never equal. Low ebb placement of these
segments in socio-economic orientation, stigmatisation and victimisation was
the social order and that needs to be rectified though social upliftment
and movement for social cohesiveness. One positive leap is provided by the
Indian Constitution in the form of reservation to this segment of society. May
be few persons of this segment have attained some good positions and
accumulated wealth but this exception not the rule. It is fact that government
schools have only enrolment of SC/ST students as the other wards find quality
education in private schools. It is also another fact that resources are
constricted to the upper castes. Now, a deliberate effort is made to unsettle
this reservation policy by inciting the people of forward castes based on rural
areas of India such as Marthas, Pattidars, Gujjars, Jats etc. to demand
reservation for them.
4.Reservation is making caste strong
It is the reality of Indian society. Caste system is existing
for ages without any change and this is nourished by the caste lords, khaps,
social order and nourished by the existing political system in India. No social
and cultural movement was spearheaded in the free India to break or even weaken
this most inhuman system reason being it severs the political interests of the
modern India rulers across the party line. New reservation movements for
forward castes are driven by the political class to make and remain the society
fragmented to meet their political goals. It is a myth that reservation is
strengthening the caste system and easy to blame. Fact is that caste system is
in existence since ages in India when there was no reservation for
disadvantaged sections of society. If it is so, then there should by only two
castes i.e. forward and backward castes. It is perpetuating because it serves
the end of Political masters and they are not allowing it weaken, to crumble it
is a big demand.
5. How long this reservation will continue.
Better reservation is abolished sooner but for that being a
reality nation has to provide equal opportunities in terms of socio-economic
and in political sphere, distribution of resources has to be done evenly,
participation in decision making on all issues particularly in the arena of
politics is to ensured, have to have provide human rights and minimum human
conditions for living and equal opportunities in all fields have to be
provided. Is nation prepared for this? Definitely not. Therefore, better this
system of reservation continue for the period till situations provides for
equity. Although today reservation is reduced to inconsequential by shrinking
the base of government employment and higher education. Private players are
ruling the roost and there is no provision of this kind of reservation although
different kind of reservation exists there for rich and wealthy. Recently,
Union Minister Nitin Gadkari commented on reservation “what is the use of
reservation! Meagre jobs are available in government sector and private are not
providing the reservation. If there is no job and opportunities then for what
this harakiri is!” Yes, this is real situation and government should underline
this fact. Over the years, concept of positive discrimination is sabotaged
deliberately and turned it hollow. This is now only political gimmick to garner
the votes and winning the elections, creating hatred amongst the communities
and incite atrocities on this segment. Creating new demand for forward segments
such as Marathas, Pattidars, Gujjars, Jats etc. to declare this concept of
reservation irrelevant. Violent agitations are bound to occur in coming years
as those suits to the political masters. Little trickled benefits which are
reaching to the disadvantaged segments would be curtailed and ultimately
curbed.
6. With reservation how equality can be achieved
True. Equality is not the motto of reservation it is a provision
for positive discrimination to provide a cushion to the disadvantaged segments
of society to make them worth for better and dignified living. When society is
not equated, how the tool of reservation could make it equitable! Article 15
and 16 of the constitution provide for prohibition of discrimination on grounds
of religion, race, caste, sex or place of birth and Equality of opportunity in
matters of public employment respectively. Equality amongst in people is
possible only when they are able to share marital alliances without any
discrimination freely over the castes. Today, young couples are culled in the
name of honour, SC women are paraded naked in the streets and every day some
Dalit is massacred in some part of this nation. To think that reservation will
bring equality is nothing less than be foolish.
7. Reservation is not reaching low income Dalit groups
This idea is shrewdly perpetrated and propagated by the vested
interests against the reservation. Even after 72 years of independence,
positions/posts of reserved quota are not filled deliberately citing suitable
candidates are not available, there is no mechanism for filling the back log
and its rising notionally, departments are made to advertise in such manner
that SC/ST quota remained unfulfilled. No instrument is devised to fill the
vacant posts and back log. It is bound to happen as executive is not interested
in providing the benefit to these categories. It is also fact that certain
sections/individuals of reserved categories are benefited enormously but larger
section is still to be provided with benefits of reservation in the field of
technical and higher education. Dalits’ children are leaving school more
compared to others likewise they face more challenges of malnutrition. Higher
education is made so costly that common student of reserve categories can’t
afford it. Even then, at any point of time reserved categories never got share
more than the percentage of their population.
8. Upper caste also needs Reservation
It is strange to note that what is not good for one section why
that would be better for another section of society! In recent years an
impression is created that weaker of forward castes need reservation and that
section should be provided reservation by inducting creamy layer concept. It is
deliberate and conscious effort to ignite the demand for reservation for
forward castes to meet the political end. SC/ST are not opposed to reservation
to any section of society. It is the duty and responsibility of the present day
government to devise some transparent mechanism to give relief and
opportunities to the weaker of the forward castes without prejudiced mind.
SC/ST never opposed such move, even when reservation was provided to OBC.
This analysis is based on Dalit reservation history starting
from Poona pact in 1932. People don’t read constitution and its related historical
documents. Country has certain policies which are well thought of by many
intellectuals. They are not just emotional toddles.
If somebody wants to change the system, then he/she has to
understand the system fully. But current generation youths just blame
reservation system without reading a single page from history, Govt
constitution and without any knowledge about existing inequalities in Hindu
social life.
It is hard fact that reservation policy was not implemented by
the central and state governments deliberately as it was envisaged and
enshrined in our constitution. Some trickling benefits has definitely
occurred and those are too under continuous attack and scrutiny. These benefits
have definitely changed the lives of a limited population of these
disadvantaged segments. Eventually reservation become a tool in the hand of
political class to garner votes and utilizing that in ruling over the state. In
the pursuit, one community is raised against the other to create hatred,
contradictions and made the enemy of the other. Social strife is at its
pinnacle on the issue of reservation in the whole country. New forward castes
are instigated to seek reservation though violent agitations. None of the
government till now implemented the reservation in letter and spirit as visualized
the tool of transformation of disadvantaged segments of society in terms of
amelioration of social and economic conditions so that they could lead a better
and dignified life.
Reservation will remain in existence not only in 2019 but also
haunt the nation in coming many decades. It turns into a too of gaining
power rather than betterment of the society. No government or any political
party can undone or abolish this policy in present circumstances. This is the
another aspect that establishments will continue to circumvent the benefits to
the targeted section. How this can be abolished? If the reason or situation on
that this provision was incorporated in the constitution still exists then
reservation to disadvantaged segments will remain in existence rather demand
from newer sections will be a new reality in coming years. Reservation is now a
tool to gain and remain in the power. It is a rattle in the hand of magician
and will continue for years to come.
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