Reservation
Image Source - https://rb.gy/rvnbym

This article is written by Gitika Jain, from Amity University, Kolkata. This article deals with the impact of removing reservation in India.

Introduction

In India, reservation policy is the process of reserving some percentage of seats for backward sections of the society, schedule caste, schedule tribe, in government jobs, institutions, etc. Though reservation policy in India is an age-old policy that has been practised since time immemorial, the origin of this is from the time when untouchability system and ‘Varna’ system was dominant in the society. At times when Hindu society was divided on the basis of Varna or classes, there were a total of 4 classes of Hindus in descending order:

  • The Brahmas
  • The Kshatriya
  • The Vaishya
  • The Sudra

Apart from these, there were people who belonged to no category and they were known as untouchables. These were considered to be impure for society and were excluded from society. They were not allowed to recite inside the village and they had no social rights. In some parts of the countries, it was believed that even if their shadow was cast on the people who belong to the other four categories the person got impure. The cruel system of the society back then on the basis of purity and impurity was an acceptable approach that was followed and had a bad impact on the growth and development of people who were called untouchables.

Download Now

The idea of reservation back at that time to be given to those castes of people was to provide them with an equal opportunity and status in the society and to uplift them socially. 

The pre-independence era marked the beginning of reservation policy with the beginning of the Government of India Act 1919 during the turbulent period of World war 1. There were many reforms in this act that were introduced by the Indian government back at that time which addressed many issues of the minority.

But the post-independence era had a very strange 2 scenario and the reservation policy gained even more popularity than the pre-independence era. There was a formal introduction of constituent assembly shared by Dr BR Ambedkar who framed certain reservation policies and many articles in the Indian Constitution dedicated for the same purpose.

Provisions in the Indian Constitution

Article 15(4)(a) provision for the advancement of backward classes. Article 15(4) was introduced as an exception to Article 15(1) and (2) and was added with the first Constitutional amendment 1951 in the case of State of Maharashtra v. Champakam Dorairajan. A decision was taken by the judge in this case which modified Article 15 and introduced a separate clause for the advancement of socially and educationally backward sections of the society including scheduled castes and scheduled tribes.  

Article 15(5) was added by Constitutional  93rd amendment Act 2006 that provided for the provisions for reservation of backward sections of the society in private educational institutions. This was introduced through a three decision Supreme Court cases of T M Pai foundation vs. the State of Karnataka, Islamic academy vs. State of Karnataka and P A Inamdar vs. the State of Maharashtra. 

Another article was introduced for reservation of post in public employment on the basis of residence under Article 16(3) which was an exception to Article 16(2) that prohibits discrimination on grounds of the residence.

Article 16(4) was also introduced for reservation in public employment for backward classes and is a second exception to general rules in Article 16(1) and 2. 

Some more articles that cover the reservation policies are:

  • Article 17 which talks about abolition of untouchability.
  • Article 39A in the directive principles of state policies which ensure equal justice to all.
  • Article 45 which imposes a duty on the state to maintain standards of living. 
  • Article 332, 342 also talks about special provisions for different classes of people, like scheduled caste, scheduled tribe, minority, etc.

While the reservation has been an important part of the Indian legal system for a long time, many people are against the idea of the caste-based reservation that always stirs up controversy.

The argument of people in this is that it has been more than 70 years of independence since so people are enjoying reservations to a large extent but the reservation of seats on the basis of caste is not a necessity as such in today’s time considering the status of everyone. The main purpose is not to blame reservation for minorities but to overcome the lack of job opportunities that have been generated because of the reservation policies especially on the basis of caste.

Background

Reservations nowadays based on caste is something which is against society and its interest. This type of reservation is spreading hatred in the society and creating a feeling of inequality amongst each other which is totally contradictory to the purpose of reservation. There was a time when the Gujarat community of Rajasthan started violence and was successful in getting reservation quota increased. This was the only basis of the use of arm twisting tactics. 

Another time the Patidar community in Gujarat was demanding for the removal of reservations or any reservation quota for themselves. This demand for them was sought to be fully unjustified. But if this demand continues and becomes violent then the decision of the government either will be to suppress the demand by forceful actions or to adhere to their demand of reservations which in both ways will lead to injustice for the majority of the people in India. Therefore for the ground basis for the best interest of the society nowadays is if at all reservation exists it should be on the basis of economy and not on caste basis. 

A few years back there was reservation that was provided to the Jain community on a minority basis but on the other hand Jain community was considered to be one of the richest communities in India and yet reservation was provided to them. There is always a saying that the caste system is bad and everyone opposes it but at the same time, everyone is ok with reservation based on the caste system. This behaviour is nothing but double standards and hypocrite.

When the reservation on the basis of caste system was introduced initially in the society many leaders recommended for it to prevail for a few years only and asked to take care of the deprived and backward section of the society during that time and remove any disparity if at all it exists in society. But considering the present situation of the society, it has been 68 years since independence but reservation on the basis of caste is still existing in our society and is spreading like cancer everywhere. 

Therefore there must be a request to the Government of India to take up this matter and give it a priority and remove this menace. The feasibility of removal of reservation on the basis of caste is a difficult task to remove it at one stroke but it certainly can be removed over a period of 10 to 15 years. A hope of definite commitment to this action plan from the government for the removal of the caste-based reservation is expected from the society at large. 

There is no doubt for sure that reservation based on caste system is a tool for social justice for some certain sections of society but considering today’s situation it is not feasible to have such an extent of reservations based on caste and do injustice with the general category people. Many critics argue that caste-based reservation policies have only been the fault lines in the Indian caste system and there are some politicians who have openly raised their voices against the system saying that it is not serving the purpose for which it was meant and more importantly the founding father of the country didn’t imagine reservation system been strategize in a way in order to win votes.

Today things have come up to such an extent that every community feels that they have been oppressed and the demands have been turned down because of this so caste-based reservation. Considering the fact of Dr Ambedkar that caste-based reservation should have been ended in 1960 but we are still reeling under it in 2020. 

The key speeches of Dr Ambedkar can be carefully read and realised that the quota based on scientific social research is what resonates better with the vision of India which he thought were the reservation benefits would reach those populations that genuinely need it and not somebody who can climb a ladder without making efforts for it. In a simpler sense, people who have already reached the ‘creamy layer’ in society do not need such kind of reservation in 2020.

If previous times are considered there was no method or tool to find out whether the person genuinely needs a reservation or not but today in spite of having all the tools available to determine the same fact and to determine of a person is economically backwards or comes from any backward section of the society or educationally backwards the caste-based reservation still prevailing ruining the dream of people who actually want to put in their effort but they, unfortunately, belong to ‘General category’ and does not fall under so-called ‘backward section of the society’. Therefore letting people enjoy reservations on caste basis who actually need and not considering their religion or caste, it is going to solve the very purpose of the reservation system and will ensure the best way of dispensing social justice.

But unfortunately, this is not the way of functioning in India nowadays. Everyone can just talk about cutting down the caste-based reservation policies but when it comes to implementing such things the huge problem that lies is that 70% of India’s population belongs to the reserved category and this is the figure from the 2011 report. Therefore if any move is taken to end the caste-based reservation it would simply mean to go against 70% of the Indian population and no political party will dare not go to that extent. Therefore it is necessary that Indians who want to see the end of caste-based systems actually go against it themselves because reservations do not solve the purpose of it.

But it must also be kept in mind that it is not Utopia because there are several countries which have taken this step, for example, the Bangladesh reservation system in government jobs was permanently scrapped when there were thousands of students that marched to the capital Dhaka to protest. Therefore it’s high time that India should move towards a caste free system where an individual secures a job or a seat in a college only on the basis of his or her merit and without any constraint of the caste-based reservation. If the person in himself or herself is having married then the state should ensure that it is for the handicap to prevent the person from seizing that opportunity. 

Suggestions

Therefore whenever a solution to this debate is being looked around the fact that the reservation policies are taking every opportunity from the deserving candidates should be considered. 

The reservation system today is dividing society instead of uniting it which is actually the converts of communal living.

Therefore the reservation benefits, if at all provided, must be limited to a maximum of two children per family regardless of the number of children a family has which would equally balance out the gap between the purpose of reservation policy and implementation of it. 

Conclusion

Therefore the reservation policy adopted in India with a view to uplift certain caste of people should be implemented for the same purpose only and not take away the rights of people, unfortunately, belonging to the general class. Because the very reason of introducing reservation is losing its essence in the modern era. Therefore it is important to maintain the idea and originality of the reservation policy and not giving unfair means two people achieve the stairs of profit without even climbing it. 

References

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.

RELATED ARTICLESMORE FROM AUTHOR

LEAVE A REPLY

Please enter your comment!
Please enter your name here