Reservations - A layman’s Point of view
The question of Reservations is again in the news with the
latest Judgment of the Supreme Court - The Supreme Court ruled that states can
now sub-classify Scheduled Castes (SCs) and Scheduled Tribes (STs) to grant
quotas within these groups, aiming to better
support more disadvantaged
sub-groups. Otherwise also, the issue of reservations has been in focus even in
the recently held Lok Sabha elections as it was one of the important issues on
which the opposition was cornering the ruling outfits led by BJP. No doubt, it
is an important issue but is also equally complicated having direct bearing not
only on our polity but also the society. On suggestions of my friends, I
decided to write on this subject as a layman and concerned citizen.
Without going deep into the history, my first observation,
for the information and benefit of those who somehow feel that Reservations are
given to the beneficiaries (oppressed and depressed people) by the magnanimity
of the leadership of the high castes of the mainstream of the society. It is
totally a wrong notion which shall be shed to begin with. William Hunter and
Jyotirao Phule in 1882 originally conceived the idea of caste-based
reservation system. I start from the contemporary times and these facts are
well documented in the pages of history. Babasaheb Dr. Ambedkar, Periyar
Ramasamy, Babu Mangoo Ram Mugowalia
among others fought for the rights of the oppressed and depressed
classes with the British Rulers tooth and nail. No leader or the party of the upper
crust of the society extended any support or raised their voice against the
inhuman treatment to the so called dalits at the hands of the so called
upper-castes. Things came to head in the Round Table Conferences in London in
the early 1930s. Babasaheb Ambedkar represented the depressed people and raised
the voice for their socio-political rights. The alarm-bells rang in the Hindu
society. The Congress Party led by Mahatma Gandhi and other high caste leaders
opposed Ambedkar and his tirade for the rights of the oppressed people. Though
they very well understood the concerns of Dr. Ambedkar and others with regard
to the oppressed people yet they were more interested in saving the vested
interests of the main stream of the society in terms of their Manuwadi mindset.
The oppressed classes won the battle under the leadership of Babasaheb Ambedkar
and others. PM Ramsey MacDonald’s Communal Award of 1932 gave “Separate
Electorate’ to Depressed Classes along with Muslims, Sikhs and other
minorities. It amounted to that Depressed Classes were given separate identity
outside the fold of Hindus. It was not acceptable to Mahatma Gandhi and other
Hindu leaders and Mahatma Gandhi resorted to ‘fast unto death’ in the Yerwada
Jail in Pune to undo the Communal Award. The Hindu leaders led by Madan Mohan
Malviya and Kasturba Gandhi pleaded, threatened and even blackmailed Babasaheb Ambedkar on the pretext of ‘Hindu
unity, freedom movement, patriotism’ to save the life of Mahatma Gandhi.
Babasaheb Ambedkar was not only a nationalist to the core but also a votary of
comprehensive and just social order but was dead against the Manuwadi Varan
Vivastha as opposed to Mahatma Gandhi who was a staunch supporter of status quo
as a hardcore Hindu. Ambedkar relented and negotiated an agreement with Mahatma
Gandhi and others to make special provisions for the depressed classes not only
in the legislature but also in jobs and
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educational institutions to empower the
depressed classes. The agreement is called Poona Pact of 1932. This was the
first step towards ‘Reservations’ to the depressed people. Instead of the
‘Separate Electorates’ these understandings of the Poona Pact were
appropriately incorporated in the India Act of 1935 passed by the British
Parliament. Thus the depressed classes became Scheduled Castes and were given
Reservations’. Subsequently, on independence in 1947, the Constitution of India
made under the stewardship of Babasaheb Ambedkar duly incorporated these
‘Affirmative’ provisions which are called ‘Reservations’. It is clear from
these details that ‘Reservations’ to the Scheduled Castes are no ‘alms’ or
‘goodies’ given by anyone in charity but are the enabling provisions to end the
subjugation and exploitation of the masses now called ‘Dalits’ in general
parlance. As such there should be no heart-burn in the so called ‘General Samaj”
in this regard.
The Reservations for Scheduled Castes and Scheduled Tribes
were stipulated in the Constitution of India in Articles 15, 16, 17 and 46
providing for the establishment of a society without social injustice,
exploitation and where there is equality, and no one is left behind. As such
Reservations in the jobs and legislatures with a provision of 15% for SCs and
7.5% for STs were made. After
independence,
initially reservations were provided only for SCs and STs. OBCs
were included in the ambit of reservation in 1991 on the recommendations of
the Mandal Commission. It may be added quickly, ever since its inception,
the so called upper-castes of the Hindu fold called “General Category” have
been opposing it on one pretext or the other. It will not be out of context to
mention that, unfortunately, the higher echelon of the polity including the
Executive, Judiciary, Media etc. has also been non-cooperative and unsupportive
of these provisions consciously or sub-consciously in the caste ridden society.
They confined themselves only to ‘lip service’ to undo the injustice meted out
to dalits. Reservations stayed on the statute book only because of the
‘Parliamentary Democracy’ based on the principle of ‘One Vote – One Value’ and
the fundamentals of the Constitution – Equality, Liberty, Justice and
Fraternity so thoughtfully visualized and enshrined in the Constitution by our
forefathers under the leadership of Babasaheb Ambedkar. Many vested interests
intended to abolish or even dilute these provisions over the years but could
not succeed. By now, it is fully understood, fortunately, by all the political
and socio-cultural outfits of the country that it would not be easy to touch
these provisions without bringing the marginalized sections of the society at
par with the so called upper crust of the society both socially and economically
and also educationally. It has been amply proved and demonstrated in the recently
held elections to the Lok Sabha. It is a matter of satisfaction to note that
dalits are increasingly becoming aware of their rights. It became possible only
through the ‘affirmative action’ under the provisions of Reservations.
Now let us come briefly to the recent judgments and
observations of Supreme Court on Quota within Quota and the issue of creamy
layer and also the currently live issue of Caste Census (Jatti Jan Ganna).
These issues, of course, are very important with regard to the bigger issue of
Reservations and Empowerment. I will base my observations in this regard with
reference to the views of a legal expert and educationist, Faijan Mustafa who
commented on the Supreme Court judgment on Reservation within Reservation, “A
closer look demonstrates that our judiciary has not been quite enthusiastic
about reservation policies. While there are verdicts that go the other way,
several judgments have tried to dilute reservation. The latest judgment is a
milestone and consistent with the earlier verdicts.” I would tend to agree with
Mustafa Sahib. It is a fact that judicial judgments with regard to Reservations
many a times set the clock back and created avoidable confusion. Judiciary not
only in India but also in other countries is a not a ‘supernatural organ’ of
the state. Judges also belong and live in the society and have the mindset of
the mainstream of the society and naturally so. Unfortunately, the general
mindset of the society is still ‘Manuwadi’ though we profess ‘Equality, Justice
and Fraternity’ in our constitutional arrangements. These contradictions remain
and need to be addressed. My brief observations:
Quota within Quota – Reservation within Reservation is a confusing concept with
divisive tendencies. It would tend to further fragment the society and take us
towards perpetuation of temporary measures of Reservations. It has a negative orientation and would tend
to accept the dogma of ‘graded inequality’ which we intend to do away with. I
believe in the RSS’s doctrine of ‘Samrasta’ to establish an inclusive and just
society.
Creamy layer among SCs – Again it is a misleading notion. SC remains an SC socially
however high he may go in his professional and vocational sphere. Babasaheb
Ambedkar, Babu Jagjivan Ram, K.R. Naryanan, Ram Nath Kovind among many more in
public life who could reach coveted positions remained dalits in the social
hierarchy. It is also equally true for all highly placed civil servants
belonging IFS, IAS, IPS and Allied Services. Only the bearer knows where the
shoe is pinching. Moreover, the so called creamy layer is fully alive to the
ground realities. They are voluntarily opting out of the Reservations as no one
wants to remain a ‘second rate’ member of the society. Most of the highly
placed officials are not claiming and availing of Reservations for their
children. As such the notion of ‘creay layer’ is a misnomer.
Caste Census – Reservations as provided in the Constitution are here to
stay for a long time in the given socio-economic and political situation in the
country. With a view to make focused and functional policies to empower the Dalits
and OBCs, Caste Census and relevant data is needed. There should be no problem
in conducting Caste Census. Certain issues cannot be kept under the carpet any
longer. Dalits and OBCs are determined to have their share of the cake. But how
do we fix that share without the relevant data? The dictum “Jis Ki Jitni Sankhya
Bhari; Utni Uski Bhagedari” is gaining strength and rightly so.
Concept of Reservation -Let us elaborate the concept of Reservations a bit more for
the benefit of a common man –
·
Different
people understand reservation to mean different things. One view of reservation
as a generic concept is that reservation is an anti-poverty measure.
·
Reservation
implies a separate quota which is reserved for a special category of persons.
·
Reservation
was introduced with the aim of advancement and adequate representation of
Scheduled Caste, Scheduled Tribes.
·
The
age-old caste system of India is responsible for the origination of the
reservation system in the country.
·
In
simple terms, it is about facilitating access to seats in the
government jobs, educational institutions, and even legislatures to certain
sections of the population.
·
These
sections have faced historical injustice due to their caste identity.
·
As
a quota based affirmative action, the reservation can also be seen as
positive discrimination.
The Way Forward
Someone has rightly said about the Reservation,
“A strong political will is indispensable to find equilibrium between
justice to the backwards, equity for the forwards and efficiency for the entire
system.” How can it be achieved within the constitutional frame work? Here are
some of my observations in this regard:-
·
Reservations
for SCs and STs shall continue on the basis of their share in the population
with a view to bring about a ‘just social order’ and ‘Samrasta’ as
conceptualized by RSS. It will only be possible by negating the caste system.
RSS should hit the caste system in the head to prove its credentials with
regard to ‘Samrasta’ otherwise this concept will remain in the air-conditioned
offices and drawing rooms. Hopefully, RSS would rise to the occasion.
·
There
shall be an inclusive and comprehensive society led by the ‘Mainstream’ of the
society with secular credentials and an agenda of ‘Sab Ka Sath – Sab Ka Vikas.
Reservations should be available only to the depressed people in the Hindu
fold. Reservation is not a poverty eradication programme. It is a programme of social
empowerment of the marginalized segments of the society.
·
India
is a rich country inhabited by poor people. There is no justification of
Reservations to EWS. The Social Security System should be streamlined and
strengthened to take care of the EWS. SCs are not socially sidelined lot but
also economically retarded over the centuries.
·
There
shall be reservations for SCs and STs in the top positions like Cabinet
Secretary and Secretaries in the GOI, Chief Secretaries of the States, Fair
representation in Judiciary and autonomous and statuary establishments. The
argument or logic of ‘Merit’ and ‘non-availability’ have become outdated and
are immoral.
·
The
newly introduced category – Lateral Entry – foe recruitment of high level posts
of Joint Secretary, Director and Deputy Secretary in the GOI has tended to
dilute the Reservation provisions. It should be abolished forthwith or there
should be Reservation in recruitment under this Later Entry too.
·
Perhaps,
time has come to abolish political reservation (Reserved constituencies) in the
Lok Sabha and State Assemblies. It has out-lived its utility. These
reservations have created only ‘Dummies’ or ‘Chamchas’( in the terminology used
by Babu Kanshi Ram) in the political leadership of SCs and STs. By abolishing
these political reservations, we will know as to where do we (both the upper
castes and dalits) stand in an inclusive society. This litmus test would help
us in determining as to how long the Reservations would be needed.
A renowned Columnist,
Tavleen Singh has commented on the issue, “Caste-based reservation is a process
through which centuries of oppression and subjugation are being sought to be
righted at the bare minimum level. Till the day that goal is achieved, it is
needed”
I fully agree with Tavleen Singh. It is a matter of
gratification to note that all the major political parties stand for
reservations, prima facie. In the recently held Lok Sabha Elections, 2024, it
became clear. The opposition made it an issue that the BJP, RSS and their
supporters intend to abolish Reservations and change the Constitution. It
caught the imagination of the masses, particularly the SCs, it seemed. BJP, RSS
and others concerned did their best to clear their stand and position on the
issues and categorically denied these charges. The top leadership, including PM
Narendra Modi, Sarsanghchalak of RSS, Mohan Bhagwat and others came out with
clear statements in support of Reservations. We should take their stand on its
face value till it is proved otherwise. The ongoing developments in our neighborhood
in Bangladesh are a stark reminder to be on our guards. The anti-social,
anti-national elements and our enemies around might be sitting in the wings to
exploit the situation. We need to be
careful and try our utmost with sincerity to undo and end the socio-economic
injustice to the marginalized sections of the society with a view to bring
about ‘Samrasta’ in an inclusive society of Bharat. While underlining the
caustion, I recall a Urdu couplet of Allama Iqbal:
छुपा कर आस्तीं में बिजलियाँ रक्खी हैं गर्दूं ने
अनादिल बाग़ के ग़ाफ़िल न बैठें आशियानों में
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