Reservation Policy: Is it needed?
Somya Singh
Jaipur National University
This Article is written by Somya Singh, a Fourth-year law student of Jaipur National University
Abstract
India is a land that is full of diversity in terms of caste, religion, class, languages, etc. There is a very popular saying which says that at every two miles water changes, and every four the dialect and it is what happening in India. But among all such diversities, India is emerging as an epitome of unity. It has come up with many ideas, policies, and schemes to sustain itself as a united country, among which the Reservation Policy is the one that is most debatable and contentious. This Policy was implemented for the upliftment and betterment of the backward classes and so that they could come at an equal level to that of other classes. But is the objective or the purpose for which such policy is implemented is fulfilled? Or is the benefit of it reaching the targeted people? Or simply it is utilized to satisfy the needs of the greedy people? All aspects are covered in this article. It also focuses on every aspect of the policy- why it is made and how it is utilized in the current scenarios.
Keywords: diversities, dialect, epitome, unity, Reservation Policy, upliftment, betterment
Introduction
First, let us understand what the Reservation Policy is. It is the process through which representation is given to the Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backward Classes (OBC) by providing them with a certain percentage of reserved seats in the public domain like government jobs, educational institutions, etc. It was initially started for 10 years and after this, if the legislature thinks fit it could be continued for the next 10 years.
The main reason behind giving reservation to these classes of people is only to provide them with equal status, opportunities, standard of living, and a dignified life and bring them development, upliftment, and betterment and carry them to the equal strata with the other sections of the society.
The people of the lower caste have faced atrocities, humiliation, insults, torture, and cruelty from ancient times and continue till today. They were denied their basic rights, Fundamental Rights, and Legal Rights, and more importantly, their Human Rights were violated. They were always seen as the unwanted sections of society and treated very badly and because of such, the Reservation Policy came into existence.[1]
Constitutional Provisions
The reservation of SC and ST in the Central and State legislatures is covered in Part XVI.
The State and Central Governments were able to reserve seats in government services for the members of the SC and ST thanks to Articles 15(4) and 16(4) of the Constitution.
The Constitution (77th Amendment) Act, 1995 introduced a new clause (4A) in Article 16 allowing the government to provide reservations for promotions, amending the Constitution.
The Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B), which allows the state to fill open positions designated for SCs and STs in the following year, negating the cap of 50% reservation on the total number of vacancies in that year.
Articles 330 and 332, respectively, provide for special representation for SCs and STs by reserving seats in the State Legislative Assemblies and the Parliament.
Every Panchayat has seats reserved for SCs and STs under Article 243D.
Every municipality is required to reserve seats for SCs and STs under Article 233T.
According to Article 335 of the Constitution, claims made by STs and STs shall be considered in their entirety while preserving the effectiveness of the administration.
The 103rd Amendment Act of 2019 has established a 10% reservation for "economically backward" individuals in unreserved categories for government jobs and educational institutions.
Article 39 A: Under the Directive Principles of State Policy, states are required to guarantee the economically disadvantaged classes fairness and free legal assistance.[2]
Reasons for the Implementation of Policy
There are many reasons because of why this policy came to the forefront. They are as follows:
1. The atrocities that they faced from the past ancient times need to be evaded from society.
2. To ensure that the downtrodden sections of the society must have equal representation, status, standard, and level playing field in the society as like the other sections of the society.
3. To ensure that these sections of the people must have equal access to the resources
4. For the upliftment and betterment of the backward class
Real Debate Against the Reservation Policy
Reservation Policy primarily focuses on the educational and government sectors which are very important and if the people are appointed based on quotas rather than merit the quality of the education and the work will be undermined.
If those who were talented and skilled were not able to get the opportunities in their home country because they were from the higher class they would choose to go and study outside the country which would lead to the loss of skill and talent in the domestic country.
The division among the people based on caste will lead to social conflict and tension and will disturb the internal peace as it can escalate to a full-fledged war.
It was sometimes used by politicians to gather more and more votes. They favored a certain class of people and made them their vote bank. This leads to maladministration, and corruption and hinders the growth and development of the country.[3]
The main aim of the policy was to provide equal levels, benefits, and opportunities to the marginalized sections of society who were facing discrimination and not able to fulfill their essential needs but the purpose was defeated. Many individuals may belong to the lower caste but are well off and are not disadvantaged but still getting the benefit of the policies as it creates a stigma that whoever is from the lower caste is disadvantaged only it is not completely true but nobody wants to change this scenario. As in the growing and changing society, the concepts were also changing and now this taboo needs to be removed. This is what we said is Creamy Layer.
The policy was widely misused and many people even from the higher castes made fake caste certificates to show that they belonged to the reserved category so that they could easily get seats in the educational as well as in government sectors.
This policy has destroyed the spirit of the competition as it is no longer a parameter to judge the capability of the individual.
Finally, more than including the persons under the one umbrella, it is more excluding the persons based on class and caste, as many upper-class people were facing discrimination based on other criteria and felt ignored and helpless.[4]
Solutions and Remedy
Only posing a problem is not the correct way to address any adverse situation but providing efficient solutions is also needed. There are many remedies that the government can seek to eradicate the problem associated with the Reservation Policy:
First, the government should ensure that there will be no discrimination on any basis, and if it exists then the government should take stringent measures against the individual, organization, or enterprise who is doing such discrimination.
In addition, if any benefit is needed to be given then, it must ensure that the one who is needy disadvantaged, and marginalized only they will be getting those benefits.
Furthermore, the merit, talent, capability, and skills must be weighted the most as compared to the quotas and backgrounds. That means competition must be there and the person must be selected for the jobs based on merit not on caste.
Those who were at the high rank and were well off must be excluded from getting the benefits even though they belong to the reserved categories.
Lastly, there is a huge need to create and spread awareness in society about the existence of the reservation policy and how the neediest people can avail the benefit from the same as many reserved category people are not even aware that such types of things exist.
Conclusion
I believe the time for reflection has arrived, as I have already touched on a few of the reasons why the current system is failing. The lack of infrastructure in the rural areas where a proportionate number of the lower classes live has prevented the current system from meeting the requirements of Article 14 of the Constitution, which addresses equality. It has also not been successful in doing away with the caste system. The other backward classes' demand for reservations, which would prevent the majority from being left with seats commensurate with their numbers, is a worrying sign. Therefore, I think that before there could be significant social backlash, the legislators should take the required action to address the issues. Those who are much more stable socially and economically than the general class but are simply walking around with the label of being a backward class should not use this reservation policy as a ladder to climb the stairs of profit, money, and other related interests.
REFERENCES:
1. https://byjus.com/free-ias-prep/reservation/
3. https://ijlmh.com/paper/reservation-policy-in-india-a-critical-analysis/
5. https://www.legalserviceindia.com/articles/res_poss.htm
6. https://www.drishtiias.com/to-the-points/Paper2/reservation-in-india
7. https://blog.ipleaders.in/reservation-policy-india/
8. https://www.clearias.com/reservation-in-india/
10. https://lexpeeps.in/reservation-policy-in-india-critical-analysis/
[1] Boris, E.; Janssens, A.’ International Review of Social History Supplements. Cambridge University Press’
accessed 20 September 2024
[2] The Constitution of India, 1950
[3] Ghadyalpatil, Abhiram. "Rajarshi Shahu Chhatrapati of Kolhapur, a reformer ahead of his time". (10 August 2018)
<https://lifestyle.livemint.com/news/talking-point/rajarshi-shahu-chhatrapati-of-kolhapur-a-reformer-ahead-of-his-time-111645244554066.html>accessed 20 September 2024
[4] K Shiva Kumar "Reserved uncertainty or deserved certainty? Reservation debate back in Mysuru". The New Indian Express. (17 February 2020).< https://www.newindianexpress.com/states/karnataka/2020/Feb/17/reserved-uncertainty-or-deserved-certainty-reservation-debate-back-in-mysuru-2104413.html> accessed 20 September 2024