Reservations - A layman’s Point of view

 

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

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