WHY CASTE BASED RESERVATIONS?
RESEARCH METHODOLOGY
AIMS AND OBJECTIVES
This research paper is an attempt to understand the adverse effect of reservations on the Indian society and youths. And history of reservations in India.
RESEARCH ISSUES
LIMITATIONS
This research paper is limited in the sense that it draws out only the adverse effects of caste based reservation and no emphasis has been given here on other types of reservations.
METHOD OF WRITING
This research paper has been retained largely by critically analyzing the effects of reservation on Indian youths and society.
SOURCES OF DATA
The research paper has primarily referred data from secondary sources e.g. articles and reports.
MODE OF CITITATION
A uniform mode of citation has been used throughout this research paper which is based loosely on the style prescribed in blue book.
INTRODUCTION
After about 63 years of India's Independence from British rule , it would have been possible that caste system would have been completely eradicated from India. But due to caste based politics which is often used to reap or harvest the votes during elections.
Reservations in our Constitution was inculcated by great thinkers like Jawaharlal Nehru and B.R Ambedkar, to bring social equality in the Indian society and it was only for 10 years. But in present scenario politicians have developed it as a national menace. Thus, creating rift and hatrate among different sections of the society.
Introduction of the Mandal commission led to wide spread resentment among masses. It was claimed that, it was done for achieving social equality. But the benefits of reservations could not reach to those poors living in rural areas. The benefits were mainly reaped by forwards among backwards. According to Mandal commission, population of OBCs was 52% of the entire population but by recent survey conducted by NSS ( National Sample Survey) it is about 36% of the country's population. The Mandal commission followed the census of 1931. And they calculated number of hindu OBCs by simply subtracting population of forward hindus and SCs and STs from total hindu population.
Then one should ask how far is it true to enact reservations on the situations on the situations which prevailed 80 year back ? So, Mandal commission's report should be dismissed.
One always feels that reservations should not be based on caste, but should be on the basis of economic standard of a person as every caste consists of rich and poor people. So, all the tax payers should be put into creamy layer and thus exempted from harvesting the benefits of reservations.
Government should lay emphasis on strengthening primary education and then bring the students of weaker sections to compete openly with others.
As Baba Amte says " works builds ,charity destroys".
Through this research paper, it has been conveyed that reservations should not exist in Indian society and educational institutions.
How reservation evolved?
Reservation is not a new concept. It was introduced long before independence and it was done with aim to eradicate poverty.
The concept of untouchability was not practiced uniformly throughout the country and the identification of the oppressed class is not an easy task. The practice of segregation and untouchability prevailed more in the southern part of India and was more diffused in northern India.
The tradition of caste system prevailed not only in Hindus but also in Muslims and other religions.
Listing of castes has a long history, during British colonial period. It was under taken extensively. This process gathers momentum in the census of 1881 to 1931.
India is divided into many endogarous groups or castes and sub casts. As a result of centuries of practicing a social hierarchy called caste system. Caste system, according to ancient scriptures such as "Manu Smriti" is "Varanashrama Dharma" which translates to offices given according to classes or occupation.
Ambedkar`s contribution [1]
India obtained independence in 1947. Dr. Ambedkar was appointed as chairman of drafting committee for Indian constitution. The Indian constitution does not prohibit discrimination on the grounds of religion, race, caste, sex and place of birth. While providing equality of opportunity to our citizens, the constitution contains special clauses for the advancement of any socially an educationally backward classes of citizens further scheduled castes and scheduled tribes. Separate constituencies were allocated to scheduled castes and tribes to ensure their political representation for 10 years.
CASTE BASED RESERVATION
Seats are reserved for Schedules Castes, Scheduled Tribes, and Other Backward Castes (based chiefly on caste at birth) in varying ratio by the central government and state government. This caste is decided based on birth, and can never be changed. While a person can change his religion, and his economic status can fluctuate, the caste is permanent.
In central government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (Dalit) and Scheduled Tribe (Adivasi) students (15% for SCs, 7.5% for STs). This reservation percentage has been raised to 49.5%, by including an additional 27% reservation for OBCs .
MANDAL COMMISI[2]
The Mandal Commission was established in india in 1979 by the janta party government under prime minister Morarji Desai with a mandate to "identify the socially or educationally backward." It was headed by indian parliamentarian B. P Mandal to consider the question of seat reservations and quotas for people to redress caste discrimination, and used eleven social, economic, and educational indicators to determine backwardness. In 1980, the commission's report affirmed the affirmative action practice under Indian law whereby members of lower castes (known as other) were given exclusive access to a certain portion of government jobs and slots
universities, and recommended changes to these quotas increasing them by 27% to 49.5%.
The Mandal Commission adopted various methods and techniques to collect the necessary data and evidence. The commission adopted 11 criteria which could be grouped under three major headings: social, educational and economic in order to identify OBCs.
(i) Castes/classes considered as socially backward by others.
(ii) Castes/classes which mainly depend on manual labour for their livelihood.
(iii) castes/classes where at least 25 per cent females and 10 per cent males above the state average get married at an age below 17 years in rural areas and at least 10 per cent females and 5 per cent males do so in urban areas.
(iv) castes/classes where participation of females in work is at least 25 per cent above the state average.
(v) Castes/classes where the number of children in the age group of 5–15 years who never attended school is at least 25 percent above the state average.
(vi) Castes/classes where the rate of student drop-out in the age group of 5–15 years is at least 25 percent above the state average.
(viii) Castes/classes where the average value of family assets is at least 25 per cent below the state average.
(ix) Castes/classes where the number of families living in kuccha houses is at least 25 per cent above the state average.
(x) Castes/classes where the source of drinking water is beyond half a kilometer for more than 50 per cent of the households.
(xi) Castes/classes where the number of households having taken consumption loans is at least 25 per cent above the state average.
Also known as "Creamy layer," this criteria of separation is ignored by the government which is known as the most controversial issue of reservation.
As the above three groups are not of equal importance for the purpose, separate weightage was given to indicators in each group. All the Social indicators were given a weightage of 3 points each, educational indicators were given a weightage of 2 points each and economic indicators were given a weightage of 1 point each. Economic, in addition to Social and Educational Indicators, were considered important as they directly flowed from social and educational backwardness. This also helped to highlight the fact that socially and educationally backward classes are economically backward also.
It will be seen from the values given to each indicator, the total score adds up to 22. All these 11 indicators were applied to all the castes covered by the survey for a particular state. As a result of this application, all castes which had a score of 50 % (i.e. 11 points) were listed as socially and educationally backward and the rest were treated as 'advanced'.
Recommendations
The report of the commission was submitted in December 1980. Following were the recommendations -
Creamy layer
Those with family income above Rs 250,000 a year should be in creamy layer, and excluded from the reservation quota. Also, children of doctors, engineers, chartered accountants, actors, consultants, media professionals, writers, bureaucrats, defence officers of colonel and equivalent rank or higher, high court and Supreme Court judges, all central and state government Class A and B officials. The court has requested Parliament to exclude MPs' and MLAs' children, too.
AGITATIONS AGAINSTS MANDAL COMMISSION
A decade after the commission gave its report, V.P.Singh, the Prime Minister at the time, tried to implement its recommendations in 1989. The criticism was sharp and colleges across the country held massive protests against it. Soon after, Rajiv goswami, student of Delhi University, threatened self-immolation in protest of the government's actions. His act further sparked a series of self-immolations by other college students and led to a formidable movement against job reservations for backward castes in india.
ARGUMENTS OF NON-RESERVATIONISTS
SUBSTITUTES FOR CASTE BASED RESERVATIONS
Reservations and caste based politics[3]
Reservations in present scenario is ,nothing but caste based politics.every political party in our country claims it to be the massihah of dalits,and as a result many regional parties sprung up post mandal.Many leaders as Lalu Prashad in bihar ,Mayawati and Mulayam singh in u.p.time and again congress is also not far behind in this race.
CONSTITUTION AND RESERVATION [4]
ARTICLE- 15. of constitution states that----------
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) Access to shops, public restaurants, hotels and palaces of public entertainment; or
(b)The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4) Nothing in this article 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 or for the Scheduled Castes and the Scheduled Tribes .
Champakam Dorairajan V. State of Madras [5]
Smt Champakam Dorairajan was a girl whose condition forced the Indian Government to introduce the "First Constitutional Amendment" in 1951. Even the Lok Sabha had not been formed at that time. The Lok Sabha would not be formed until 1952.
Facts and judgement:
Champakam Dorairajan was a brahmin girl from the Madras state. In 1951, she could not get admission in a medical college even though she had scored sufficient marks due to a communal GO issued by the government. In 1950 Madras state, the quota system was very different that what it is today. The court states,
With regard to admission of students to the Engineering and Medical Colleges of the State, the Province of Madras had issued an order (known as the Communal G. O.) that seats should be filled in by the selection committee strictly on the following basis, i.e.,
out of every 14 seats,
The above system had been in place for a few years. The communal GO did not mention backwardness in anyway. So it can be safely assumed that most of the seats were filled based on caste basis, and it was the most forward of the non-brahmin castes that filled the big quota (6). The communal GO just distributed seats based on a idea to "cap" particular communities.
So the girl (Champakam) moved the Supreme Court and claimed she had been discriminated ONLY based on her birth (caste), the court agreed and struck down the entire GO. Major agitations broke out in TN – leading to political and social upheaval. India had just been formed, the lok sabha had not even met, and the government was forced to amend the constitution for the first time, due to the quota situation in the Madras state. The amendment added a "clause 4 to Section 15"
Clause 4 of Article 15 reads: Nothing in this Article 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 or for the Scheduled Castes and the Scheduled Tribes. That is why the SC/STs are different from OBCs. The constitution only talks about "classes" not "castes.
M.R. BALAJI V. STATE OF MYSORE[6]
On July 26, 1958, the State of Mysore issued an order that all the communities excepting the Brahmin community, fell within the definition of educationally and socially backward classes and Scheduled Castes and Scheduled Tribes and 75% of seats in educational institutions were reserved for them. Similar orders reserving seats were issued on May 14, 1959, July 22, June 9, 1960 and July 10, 196 1. The percentage of seats reversed varied in various orders, but all of them. were set aside when challenged.
On July 31, 1962, the State of Mysore passed another order which superseded all previous orders made by the State under Art. 15 (4) for reservation of seats. Under that order, the backward classes were divided into two categories, backward classes and more backward classes. The order reserved 68% of the scats in the engineering and medical colleges and other technical institutions for the educationally and socially backward classes and Scheduled Castes and Scheduled Tribes, and left only 32 per cent seats for the merit pool.
The order was challenged by 23 petitioners by a writ petition under Art. 32. The petitioners contended that , for the reservations made by the impugned order, they would have been entitled to admission in the respective colleges for which they had applied. They contended that the classification made under the order was irrational and the reservation of 68% scats made by the order was a fraud on Art. 15 (4) of the Constitution.
It was held, that the impugned order was a fraud on the consti tutional power conferred on the State by Art. 15(4) and the same be quashed. The impugned order categorises the backward classes on the sole basis of caste which is not permitted by Art. 15 (4). The reservation of 68% scats is inconsistent with the concept of the special provision authorised by Art. 15 (4). However, this Court would not attempt to lay down definitely and in an inflexible manner as to what should be the proper percentage for reservation.
Reservation should and must be adopted to advance the prospects of weaker sections of society, but while doing so, care should be taken not to exclude admission to higher educational centres of deserving and qualified candidates of other communities. Reservations under Arts. 15 (4) and 16 (4) must be within reasonable limits. The interests of weaker sections of society, which are a first charge on the States and the Centre, have to be adjusted with the interests of the community as a whole. Speaking generally and in a broad way, a special provision should be less than 50%. The actual percentage must depend upon the relevant prevailing circumstances in each case.Cap that reservations cann't exceed beyond 50%was put on.
Indra Sawhney V. Union of India [7]
In this case it was held that ,in the reservation for the backward classes the creamy layer should be excluded .the exclusion makes the class a truly backward class. The very concept of a class denotes a number of persons having certain common traits which distinguish them from others .In a backward class if the connecting link is the social backwardness it should be the same .If some of the members are far too socially advanced then the connecting link between them snaps .they would be misfits in the class .After excluding them alone would the class be a truly backward class .The Supreme Court therefore directs the govt. to specify the criteria for such exclusion income or extent of holding or otherwise.
I.R COELHO V. STATE OF TAMIL NADU [8]
Tamil Nadu tries to circumvent judicial review via 9th scheduled .In I.R coelho v. state of Tamil Nadu .the constitution bench consisting of 5 judge refereed the case to higher bench. These question for which 5 judge constitutional bench reffed to higher constitutional bench to decide were as follows-
to be violative of any of the art. 14,19,31 can be included in the 9th scheduled?
On January 11,2007 while delivering the judgment the 9 judge constitutional bench of supreme court of India held that all amendments to the constitution made on or after 24th April ,1973 ,by which the 9th scheduled is amended by inclusion of various laws therein shall have to be tested on the touch stone of the basic or essential features of the constitution.
Now after the landmark decision of supreme court of India in I. coelho ,which was delivered on 11 ,January,2007 it is now well settled principles that only law placed under 9th scheduled after April 23,1973 are subjects to scrutiny of courts if they violated fundamental rights and thus put the check on misuse of the provisions of the 9th scheduled.
CONCLUSION
The war of words between the pro- and anti-reservation groups is getting hotter and hotter with more heat and less light. Anyone opposing them is dubbed 'casteist', 'retrograde', and so on. You are not expected to question them. They have been defined for all of us, for all the time to come!on One hand by providing reservations, we are trying to create a rift between people and as a result to gain the benefits of reservations, People are felling proud by identifying themselves by their caste.And India is going on the way, as pointed by a supreme court judge that "India is a country where every one wants to be backward"
Next, let us examine the second argument: the argument is that as long as there is caste, there should be reservations. This is at once a circular and self-defeating argument. The fact of the matter is, as long as there are caste-based reservations, the caste system is bound to exist! How can it be otherwise? Today, the caste consciousness and animosity is more acute than ever before! Needless to say, this is a direct fallout of the caste-based reservation system. In fact, the reserved categories themselves have a great deal of vested interest in keeping the caste system vibrant and alive, because reservations are only given on the basis of caste and NOT on economic factors. Now, most of the people crying hoarse about caste discrimination and clamoring for more and more reservations everywhere belong to the third generation beneficiaries of this reservation system, and they are neither discriminated against, nor are 'socially and educationally' backward anymore, nor were ever victims of caste prejudice, nor are financially weaker sections. The truth is always bitter, but it must be told. How on earth can the sons and daughters of an IAS/IPS officer, of a university professor, of a doctor be considered 'socially and educationally backward', or be considered as ' down-trodden' ? If they are still backward, what else will make them forward? If these epithets are used with reference to the rural poor, then a) it is the same case with most people irrespective of caste, community, or religion, and b) in that case, these privileged people must be magnanimous enough to give up reservations in favour of their under-privileged brethren, who cannot compete with them. Let us be honest; there are still intra-caste marriages; but, then, this is not exclusive to the upper castes. Even among the down-trodden people, people don't marry across castes.
The third argument is even hollower.When someone with less percentage, less marks gets the seat, or the job, how can anyone say it is due to the merit of the individual? These two simply do not co-exist. No one ever says that there are no talented people among the reserved categories! Far from it.The talented people, no matter what caste they belong to, will certainly reap a rich harvest which they fully deserve.They never need reservation at all! The discussion is about only those people who make it to the top on the strength of the crutches and boast that they walked up there on their legs! If the argument is that these people are from rural background and must be helped, then, the answer is that it is the same story with all rural people, and clearly, reservations must be extended to all poor people, irrespective of caste.
The caste-based reservations serve only vote-bank politics, and the self-interests of the well-to-do people among the backward sections. People who get used to the lift will never wish to take the trouble of using the staircase!
BIBLIOGRAPHY
RESEARCH METHODOLOGY
AIMS AND OBJECTIVES
This research paper is an attempt to understand the adverse effect of reservations on the Indian society and youths. And history of reservations in India.
RESEARCH ISSUES
- How reservation evolved in India?
- What were the contribution of Ambedkar?
- Why reservations in Indian educational system and in governmental jobs?
- What were the recommendations of Mandal commission ?
- What is creamy layer?
- What are arguments of anti-reservationists?
- How has reservations led to caste based politics?
- How reservations are related to constitution ?
- What are the cases and decisions related to reservations?
LIMITATIONS
This research paper is limited in the sense that it draws out only the adverse effects of caste based reservation and no emphasis has been given here on other types of reservations.
METHOD OF WRITING
This research paper has been retained largely by critically analyzing the effects of reservation on Indian youths and society.
SOURCES OF DATA
The research paper has primarily referred data from secondary sources e.g. articles and reports.
MODE OF CITITATION
A uniform mode of citation has been used throughout this research paper which is based loosely on the style prescribed in blue book.
INTRODUCTION
After about 63 years of India's Independence from British rule , it would have been possible that caste system would have been completely eradicated from India. But due to caste based politics which is often used to reap or harvest the votes during elections.
Reservations in our Constitution was inculcated by great thinkers like Jawaharlal Nehru and B.R Ambedkar, to bring social equality in the Indian society and it was only for 10 years. But in present scenario politicians have developed it as a national menace. Thus, creating rift and hatrate among different sections of the society.
Introduction of the Mandal commission led to wide spread resentment among masses. It was claimed that, it was done for achieving social equality. But the benefits of reservations could not reach to those poors living in rural areas. The benefits were mainly reaped by forwards among backwards. According to Mandal commission, population of OBCs was 52% of the entire population but by recent survey conducted by NSS ( National Sample Survey) it is about 36% of the country's population. The Mandal commission followed the census of 1931. And they calculated number of hindu OBCs by simply subtracting population of forward hindus and SCs and STs from total hindu population.
Then one should ask how far is it true to enact reservations on the situations on the situations which prevailed 80 year back ? So, Mandal commission's report should be dismissed.
One always feels that reservations should not be based on caste, but should be on the basis of economic standard of a person as every caste consists of rich and poor people. So, all the tax payers should be put into creamy layer and thus exempted from harvesting the benefits of reservations.
Government should lay emphasis on strengthening primary education and then bring the students of weaker sections to compete openly with others.
As Baba Amte says " works builds ,charity destroys".
Through this research paper, it has been conveyed that reservations should not exist in Indian society and educational institutions.
How reservation evolved?
Reservation is not a new concept. It was introduced long before independence and it was done with aim to eradicate poverty.
The concept of untouchability was not practiced uniformly throughout the country and the identification of the oppressed class is not an easy task. The practice of segregation and untouchability prevailed more in the southern part of India and was more diffused in northern India.
The tradition of caste system prevailed not only in Hindus but also in Muslims and other religions.
Listing of castes has a long history, during British colonial period. It was under taken extensively. This process gathers momentum in the census of 1881 to 1931.
India is divided into many endogarous groups or castes and sub casts. As a result of centuries of practicing a social hierarchy called caste system. Caste system, according to ancient scriptures such as "Manu Smriti" is "Varanashrama Dharma" which translates to offices given according to classes or occupation.
Ambedkar`s contribution [1]
India obtained independence in 1947. Dr. Ambedkar was appointed as chairman of drafting committee for Indian constitution. The Indian constitution does not prohibit discrimination on the grounds of religion, race, caste, sex and place of birth. While providing equality of opportunity to our citizens, the constitution contains special clauses for the advancement of any socially an educationally backward classes of citizens further scheduled castes and scheduled tribes. Separate constituencies were allocated to scheduled castes and tribes to ensure their political representation for 10 years.
CASTE BASED RESERVATION
Seats are reserved for Schedules Castes, Scheduled Tribes, and Other Backward Castes (based chiefly on caste at birth) in varying ratio by the central government and state government. This caste is decided based on birth, and can never be changed. While a person can change his religion, and his economic status can fluctuate, the caste is permanent.
In central government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (Dalit) and Scheduled Tribe (Adivasi) students (15% for SCs, 7.5% for STs). This reservation percentage has been raised to 49.5%, by including an additional 27% reservation for OBCs .
MANDAL COMMISI[2]
The Mandal Commission was established in india in 1979 by the janta party government under prime minister Morarji Desai with a mandate to "identify the socially or educationally backward." It was headed by indian parliamentarian B. P Mandal to consider the question of seat reservations and quotas for people to redress caste discrimination, and used eleven social, economic, and educational indicators to determine backwardness. In 1980, the commission's report affirmed the affirmative action practice under Indian law whereby members of lower castes (known as other) were given exclusive access to a certain portion of government jobs and slots
universities, and recommended changes to these quotas increasing them by 27% to 49.5%.
Criteria to identify OBC
The Mandal Commission adopted various methods and techniques to collect the necessary data and evidence. The commission adopted 11 criteria which could be grouped under three major headings: social, educational and economic in order to identify OBCs.
Social
(i) Castes/classes considered as socially backward by others.
(ii) Castes/classes which mainly depend on manual labour for their livelihood.
(iii) castes/classes where at least 25 per cent females and 10 per cent males above the state average get married at an age below 17 years in rural areas and at least 10 per cent females and 5 per cent males do so in urban areas.
(iv) castes/classes where participation of females in work is at least 25 per cent above the state average.
Educational
(v) Castes/classes where the number of children in the age group of 5–15 years who never attended school is at least 25 percent above the state average.
(vi) Castes/classes where the rate of student drop-out in the age group of 5–15 years is at least 25 percent above the state average.
Economic
(viii) Castes/classes where the average value of family assets is at least 25 per cent below the state average.
(ix) Castes/classes where the number of families living in kuccha houses is at least 25 per cent above the state average.
(x) Castes/classes where the source of drinking water is beyond half a kilometer for more than 50 per cent of the households.
(xi) Castes/classes where the number of households having taken consumption loans is at least 25 per cent above the state average.
Also known as "Creamy layer," this criteria of separation is ignored by the government which is known as the most controversial issue of reservation.
Weighting indicators
As the above three groups are not of equal importance for the purpose, separate weightage was given to indicators in each group. All the Social indicators were given a weightage of 3 points each, educational indicators were given a weightage of 2 points each and economic indicators were given a weightage of 1 point each. Economic, in addition to Social and Educational Indicators, were considered important as they directly flowed from social and educational backwardness. This also helped to highlight the fact that socially and educationally backward classes are economically backward also.
It will be seen from the values given to each indicator, the total score adds up to 22. All these 11 indicators were applied to all the castes covered by the survey for a particular state. As a result of this application, all castes which had a score of 50 % (i.e. 11 points) were listed as socially and educationally backward and the rest were treated as 'advanced'.
Recommendations
The report of the commission was submitted in December 1980. Following were the recommendations -
- It may appear the upliftment of Other Backward Classes is part of the larger national problem of the removal of mass poverty. This is only partially correct. The deprivation of OBCs is a very special case of the larger national issue: here the basic question is that of social and educational backwardness and poverty is only a direct consequence of these two crippling caste-based handicaps. As these handicaps are embedded in our social structure, their removal will require far – reaching structural changes. No less important will be changes in the perception of the problems of OBCs by the ruling classes of the country.
- Creamy layer was exempted from this type of reservations.
Creamy layer
Those with family income above Rs 250,000 a year should be in creamy layer, and excluded from the reservation quota. Also, children of doctors, engineers, chartered accountants, actors, consultants, media professionals, writers, bureaucrats, defence officers of colonel and equivalent rank or higher, high court and Supreme Court judges, all central and state government Class A and B officials. The court has requested Parliament to exclude MPs' and MLAs' children, too.
AGITATIONS AGAINSTS MANDAL COMMISSION
A decade after the commission gave its report, V.P.Singh, the Prime Minister at the time, tried to implement its recommendations in 1989. The criticism was sharp and colleges across the country held massive protests against it. Soon after, Rajiv goswami, student of Delhi University, threatened self-immolation in protest of the government's actions. His act further sparked a series of self-immolations by other college students and led to a formidable movement against job reservations for backward castes in india.
ARGUMENTS OF NON-RESERVATIONISTS
- Caste Based Reservation only perpetuate the notion of caste in society, rather than weakening it as a factor of social consideration, as envisaged by the constitution. Reservation is a tool to meet narrow political ends.
- Allocating quotas is a form of discriminations which is contrary to the right to equality.
- Reservations reduce elections to quid pro quos pitting castes against each other and fragmenting Indian society. Granting reservations to groups to get elected because they see it as beneficial to themselves and threaten to riot is corruption and lack of political resolve. It isn't an argument in favor of reservations.
- The policy of reservation has never been subject to a widespread social or political audit. Before extending reservation to more groups, the entire policy needs to be properly examined, and its benefits over a span of nearly 60 years have to be gauged.
- The 60% of India that is rural needs schools, health care and infrastructure in rural areas, not reservation in urban institutions.
- Poor people from "forward castes" do not have any social or economical advantage over rich people from backward caste. In fact traditionally Brahmins have been poor.
- Many cite the Mandal Commission report while supporting the idea of reservations. According to the Mandal commission, 52% of the Indians belong to OBC category, while according to National Sample Survey 1999-2000, this figure is only 36% (32% excluding muslims OBCs).
- This policy of the government has already caused increase in brain drain and may aggravate further. Under graduates and graduates will start moving to universities for higher education.
- Pro-reservation arguments based on US research are not relevant since US affirmative action does not include quotas or reservations. Explicit quotas or reservations are illegal in the USA. In fact, even a points system to favor certain candidates was ruled unconstitutional. Further, affirmative action is essentially banned in the states of California, Washington, Michigan, Nebraska and Connecticut. The use of the phrase "affirmative action" to describe the Indian system hides the stark difference between the two systems.
- Most opportunity in modern Indian cities is in businesses that are owned by people who are not from the highest castes. Being high caste in a city is no advantage.
- Allocating quotas on the basis of caste is a form of racial discrimination, and contrary to the right to equality. Although the exact relation between caste and race is far from well established
- As a consequence of legislating to provide reservations for christians and muslims religious minorities in all government education institutions will be introduced which is contrary to the ideas of secularism, and is a form of anti-discrimination on the basis of religion.
- Most often, only economically sound people (and rather rich) from the so-called lower castes will make use of most of the reserved seats, thus counteracting the spirit of reservations. Political parties know reservations are no way to improve the lot of the poor and the backward. They support them because of self-interest of the "creamy layer", who use the reservations to further their own family interests, and as a political flag of ‘achievement' during election campaigns.In fact, several studies show that the OBC class is quite comparable with the general caste in terms of annual per capita consumption expenditure, and the top strata of OBC is ahead in a host of consumption areas.
- The quality of these elite institutes may go down, because merit is severely being compromised by reserving seats for certain caste-based communities.
- There are no efforts made to give proper primary education to truly deprived classes, so there is no need to reserve seats for higher studies. The government schools in India have absolutely no comparison to the public schools in the developed countries, and only about 65% of the Indian population is literate. The critics argue that "reservation" only in higher institutions and jobs, without improving primary and secondary education, cannot solve this problem.
- The government is dividing people on the basis of castes for political advantages.
- The caste system is kept alive through these measures. Instead of coming up with alternative innovative ideas which make sure equal representation at the same time making the caste system irrelevant, the decision is only fortifying the caste system.
- The autonomy of the educational institutes are lost.
- Not everyone from the so-called upper classes are rich, and not all from so called lower classes are poor.
- The reservation policy of the Indian Congress will create a huge unrest in the Indian society.Providing quotas on the basis of caste and not on the basis of merit will deter the determination of many educated and deserving students of India.
- Multi-national companies will be deterred by this action of the government, and foreign investment in India may dry down, hurting the growth of the Indian economy.Doubtless, urgent actions to improve the lot of the majority, which has not benefited from development — not achieved after 55 years of reservations for scheduled castes — are essential. But this must not hazard improving the economy's competitiveness in a very competitive world.
- There are already talks of reservations in the private sector.If even after providing so many facilities to reserved categories during education, if there is no adequate representation of those people in the work force, there must be some problems with the education system.
SUBSTITUTES FOR CASTE BASED RESERVATIONS
- Reservation decisions has to be taken based on objective basis
- Emphasis should be given to proper primary (and secondary) education so that groups under-represented in higher education institutes and workplaces become natural competitors.
- The number of seats should be increased in the prestigious higher education institutes (such as IITs).
- Government should announce long term plan to phase out reservations.
- Government should promote inter-caste marriages in big way for abolition of caste system as initiated by Tamil Nadu.
- This is because the basic defining characteristic of the Caste system is endogamy. It has been suggested that providing reservations to children born of inter-caste marriages will be a surer way of weakening the caste system in society.
- Reservations should be based on economic status instead of caste-based-reservations (But the middle class who get salaries will suffer and all the landlords and business tycoons can enjoy the benefit)
- People who are tax payers or children of tax payers should not be eligible for reservation. This is will ensure that benefits reach poorest of the poor and India will achieve social justice. The people opposed to this idea say that this will encourage people not to pay taxes and will be an injustice to those who pay taxes honestly.
- Using IT the government must gather latest data on caste wise population, education attainment, occupational achievements, wealth etc. and present this information to the nation. Finally conduct a plebiscite on this issue to see what the people want. If there are significant differences what people want then the government can have different castes take care of its own community by running their own educational institutions and providing employment opportunities without any government interference.
Reservations and caste based politics[3]
Reservations in present scenario is ,nothing but caste based politics.every political party in our country claims it to be the massihah of dalits,and as a result many regional parties sprung up post mandal.Many leaders as Lalu Prashad in bihar ,Mayawati and Mulayam singh in u.p.time and again congress is also not far behind in this race.
CONSTITUTION AND RESERVATION [4]
ARTICLE- 15. of constitution states that----------
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) Access to shops, public restaurants, hotels and palaces of public entertainment; or
(b)The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4) Nothing in this article 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 or for the Scheduled Castes and the Scheduled Tribes .
Champakam Dorairajan V. State of Madras [5]
Smt Champakam Dorairajan was a girl whose condition forced the Indian Government to introduce the "First Constitutional Amendment" in 1951. Even the Lok Sabha had not been formed at that time. The Lok Sabha would not be formed until 1952.
Facts and judgement:
Champakam Dorairajan was a brahmin girl from the Madras state. In 1951, she could not get admission in a medical college even though she had scored sufficient marks due to a communal GO issued by the government. In 1950 Madras state, the quota system was very different that what it is today. The court states,
With regard to admission of students to the Engineering and Medical Colleges of the State, the Province of Madras had issued an order (known as the Communal G. O.) that seats should be filled in by the selection committee strictly on the following basis, i.e.,
out of every 14 seats,
- 6 were to be allotted to Non-Brahmin (Hindus),
- 2 to Backward Hindus,
- 2 to Brahmins,
- 2 to Harijans.
- 1 to Anglo-Indians and Indian Christians and
- 1 to Muslims
The above system had been in place for a few years. The communal GO did not mention backwardness in anyway. So it can be safely assumed that most of the seats were filled based on caste basis, and it was the most forward of the non-brahmin castes that filled the big quota (6). The communal GO just distributed seats based on a idea to "cap" particular communities.
So the girl (Champakam) moved the Supreme Court and claimed she had been discriminated ONLY based on her birth (caste), the court agreed and struck down the entire GO. Major agitations broke out in TN – leading to political and social upheaval. India had just been formed, the lok sabha had not even met, and the government was forced to amend the constitution for the first time, due to the quota situation in the Madras state. The amendment added a "clause 4 to Section 15"
Clause 4 of Article 15 reads: Nothing in this Article 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 or for the Scheduled Castes and the Scheduled Tribes. That is why the SC/STs are different from OBCs. The constitution only talks about "classes" not "castes.
M.R. BALAJI V. STATE OF MYSORE[6]
On July 26, 1958, the State of Mysore issued an order that all the communities excepting the Brahmin community, fell within the definition of educationally and socially backward classes and Scheduled Castes and Scheduled Tribes and 75% of seats in educational institutions were reserved for them. Similar orders reserving seats were issued on May 14, 1959, July 22, June 9, 1960 and July 10, 196 1. The percentage of seats reversed varied in various orders, but all of them. were set aside when challenged.
On July 31, 1962, the State of Mysore passed another order which superseded all previous orders made by the State under Art. 15 (4) for reservation of seats. Under that order, the backward classes were divided into two categories, backward classes and more backward classes. The order reserved 68% of the scats in the engineering and medical colleges and other technical institutions for the educationally and socially backward classes and Scheduled Castes and Scheduled Tribes, and left only 32 per cent seats for the merit pool.
The order was challenged by 23 petitioners by a writ petition under Art. 32. The petitioners contended that , for the reservations made by the impugned order, they would have been entitled to admission in the respective colleges for which they had applied. They contended that the classification made under the order was irrational and the reservation of 68% scats made by the order was a fraud on Art. 15 (4) of the Constitution.
It was held, that the impugned order was a fraud on the consti tutional power conferred on the State by Art. 15(4) and the same be quashed. The impugned order categorises the backward classes on the sole basis of caste which is not permitted by Art. 15 (4). The reservation of 68% scats is inconsistent with the concept of the special provision authorised by Art. 15 (4). However, this Court would not attempt to lay down definitely and in an inflexible manner as to what should be the proper percentage for reservation.
Reservation should and must be adopted to advance the prospects of weaker sections of society, but while doing so, care should be taken not to exclude admission to higher educational centres of deserving and qualified candidates of other communities. Reservations under Arts. 15 (4) and 16 (4) must be within reasonable limits. The interests of weaker sections of society, which are a first charge on the States and the Centre, have to be adjusted with the interests of the community as a whole. Speaking generally and in a broad way, a special provision should be less than 50%. The actual percentage must depend upon the relevant prevailing circumstances in each case.Cap that reservations cann't exceed beyond 50%was put on.
Indra Sawhney V. Union of India [7]
In this case it was held that ,in the reservation for the backward classes the creamy layer should be excluded .the exclusion makes the class a truly backward class. The very concept of a class denotes a number of persons having certain common traits which distinguish them from others .In a backward class if the connecting link is the social backwardness it should be the same .If some of the members are far too socially advanced then the connecting link between them snaps .they would be misfits in the class .After excluding them alone would the class be a truly backward class .The Supreme Court therefore directs the govt. to specify the criteria for such exclusion income or extent of holding or otherwise.
I.R COELHO V. STATE OF TAMIL NADU [8]
Tamil Nadu tries to circumvent judicial review via 9th scheduled .In I.R coelho v. state of Tamil Nadu .the constitution bench consisting of 5 judge refereed the case to higher bench. These question for which 5 judge constitutional bench reffed to higher constitutional bench to decide were as follows-
- weather an act or regulation which , or a part of which,is or has been found by the supreme court
to be violative of any of the art. 14,19,31 can be included in the 9th scheduled?
- Weather it is only a constitutional amendment amending the 9th scheduled that damages or destroys the basic structure of the constitution that can be struck down?
On January 11,2007 while delivering the judgment the 9 judge constitutional bench of supreme court of India held that all amendments to the constitution made on or after 24th April ,1973 ,by which the 9th scheduled is amended by inclusion of various laws therein shall have to be tested on the touch stone of the basic or essential features of the constitution.
Now after the landmark decision of supreme court of India in I. coelho ,which was delivered on 11 ,January,2007 it is now well settled principles that only law placed under 9th scheduled after April 23,1973 are subjects to scrutiny of courts if they violated fundamental rights and thus put the check on misuse of the provisions of the 9th scheduled.
CONCLUSION
The war of words between the pro- and anti-reservation groups is getting hotter and hotter with more heat and less light. Anyone opposing them is dubbed 'casteist', 'retrograde', and so on. You are not expected to question them. They have been defined for all of us, for all the time to come!on One hand by providing reservations, we are trying to create a rift between people and as a result to gain the benefits of reservations, People are felling proud by identifying themselves by their caste.And India is going on the way, as pointed by a supreme court judge that "India is a country where every one wants to be backward"
Next, let us examine the second argument: the argument is that as long as there is caste, there should be reservations. This is at once a circular and self-defeating argument. The fact of the matter is, as long as there are caste-based reservations, the caste system is bound to exist! How can it be otherwise? Today, the caste consciousness and animosity is more acute than ever before! Needless to say, this is a direct fallout of the caste-based reservation system. In fact, the reserved categories themselves have a great deal of vested interest in keeping the caste system vibrant and alive, because reservations are only given on the basis of caste and NOT on economic factors. Now, most of the people crying hoarse about caste discrimination and clamoring for more and more reservations everywhere belong to the third generation beneficiaries of this reservation system, and they are neither discriminated against, nor are 'socially and educationally' backward anymore, nor were ever victims of caste prejudice, nor are financially weaker sections. The truth is always bitter, but it must be told. How on earth can the sons and daughters of an IAS/IPS officer, of a university professor, of a doctor be considered 'socially and educationally backward', or be considered as ' down-trodden' ? If they are still backward, what else will make them forward? If these epithets are used with reference to the rural poor, then a) it is the same case with most people irrespective of caste, community, or religion, and b) in that case, these privileged people must be magnanimous enough to give up reservations in favour of their under-privileged brethren, who cannot compete with them. Let us be honest; there are still intra-caste marriages; but, then, this is not exclusive to the upper castes. Even among the down-trodden people, people don't marry across castes.
The third argument is even hollower.When someone with less percentage, less marks gets the seat, or the job, how can anyone say it is due to the merit of the individual? These two simply do not co-exist. No one ever says that there are no talented people among the reserved categories! Far from it.The talented people, no matter what caste they belong to, will certainly reap a rich harvest which they fully deserve.They never need reservation at all! The discussion is about only those people who make it to the top on the strength of the crutches and boast that they walked up there on their legs! If the argument is that these people are from rural background and must be helped, then, the answer is that it is the same story with all rural people, and clearly, reservations must be extended to all poor people, irrespective of caste.
The caste-based reservations serve only vote-bank politics, and the self-interests of the well-to-do people among the backward sections. People who get used to the lift will never wish to take the trouble of using the staircase!
BIBLIOGRAPHY
- See Arts 12, 14, 15, 16, 19, 335 of the Constitution of India.
- State of Madras Vs. Smt. Champakam Dorairanjan AIR 1951 SC 226
- M R Balaji v. State of Mysore AIR 1963 SC 649
- Indira Sawhney & Ors v. Union of India AIR 1993 SC 477 : 1992 Supp (3) SCC 217
- Indira Sawhney Vs. Union of India. AIR 2000 SC 498
- I.R. Coelho (Dead) by LRS. Vs. State of T.N. 2007 (2) SCC 1 : 2007 AIR(SC) 861
- Caste-Based Reservations and Human Development by k.s chalam
- INDIA SINCE INDEPENDENCE,PENGUIN BOOKS edn. 12th p.631(by Bipin Chandra,Mridula Mukherjee,Aditya Mukherjee
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