|
|||||||
| Reservation Policy in Indian Society- Past, Present and Future | |||||||
| Paper Id :
17181 Submission Date :
14/02/2023 Acceptance Date :
21/02/2023 Publication Date :
25/02/2023
This is an open-access research paper/article distributed under the terms of the Creative Commons Attribution 4.0 International, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. For verification of this paper, please visit on
http://www.socialresearchfoundation.com/remarking.php#8
|
|||||||
| |||||||
| Abstract | Reservation Policy in India reserves a set number of seats (maximum 50%) for Scheduled Castes, Scheduled Tribes, Backward Classes, etc. in government educational institutions, government jobs, etc. India has a long-standing reservation policy. Its roots are in the ancient practice of “untouchability,” the caste system, and the Varna system was dominant in the society. In ancient Hindu civilization, Varna, Jatis, or classes were the Brahmans, Kshatriyas, Vaisyas, and Shudras, in order of social hierarchy. The “untouchables” or “avarna” were another class. These social outcasts were considered unclean. They lived outside the village without social rights. In Southern India, even their shadow impure upper-class individuals. They were harshly punished for breaking social norms and often killed if they attended social events. The brutal divide of society based on purity and impurity harmed the development and growth of lower-class individuals, who were only recognized for their skill and labour based on their caste. Karna, a Shudra warrior, was denied several opportunities to demonstrate his skills in epics like Mahabharata. His caste made him a “Shudra Putra” and degraded. The Reservation Policy in India arose from the caste system. Due to widespread atrocities against a certain class, reservations were created. The Reservation Policy in India was implemented to give those equal opportunities, status in society, social uplift, and growth in the lower strata of society. | ||||||
|---|---|---|---|---|---|---|---|
| Keywords | Reservation Policy, India, Scheduled Castes, Scheduled Tribes, Backward Classes I | ||||||
| Introduction |
Reservation has been a vital feature of the Indian legal system for centuries, although its usefulness has recently been questioned. People are not opposed to the reservation, but the prevalence of caste-based reservations is controversial. After more than seventy years of reservation, it is sometimes asserted that the backward classes have been substantially economically and socially strengthened. Therefore, it is optional to reserve seats for them; these seats should be reserved for economically disadvantaged groups. Their claim is bolstered by the creamy layer system, under which wealthy members of disadvantaged classes are entitled to the same number of reserved seats as other members of their class. However, this issue is also viewed from a different angle, which does not involve blaming minority reservations but rather the lack of work prospects created for the people. |
||||||
| Aim of study | 1. To understand the history of reservation policy in India. 2. To illustrates the present scenario of reservation system in Indian society. | ||||||
| Review of Literature | Mashkoor Ahmad (2022), SCs
and STs are India's most socially backward, excluded, and economically
disadvantaged social groups. Culturally and geographically isolated, SCs and
STs have been excluded from numerous economic and social sectors due to their
lack of access to places of worship, respectable jobs, education, resources,
and opportunities. Thus, the Government of India implemented a reservation
policy to ensure SCs and STs' representation in education, politics, and jobs.
In addition, concessions, scholarships, coaching centres, hostels, and other
programmes improve their social and economic position. Rashmi & Anju Sharma (2022), The study examined
how extensively Agra District, known as Taj City globally, is active in the
utility of reservation policy for SCs/STs in higher education system that
represents accurate and authentic assessment of those students belong to SCs
and STs and to explore if some other similar districts in the state offer
examples of best practises while adopting reservation policy at higher
education level. Present research shows that reservation policy is crucial in
higher education, especially for SCs/STs, even though awareness, effectiveness,
literacy rates, and education levels have not improved in the sector. The
education system in India and elsewhere has expanded for pupils in the digital
age.
Monika Chopra (2021), Reservation is the
nation's biggest controversy. It's popular. Dr. B.R. Ambedkar introduced
reservation in the Indian constitution. He wanted to empower the poor and
underprivileged. He set a 10-year deadline, but political engagement in
constitutional amendments has continued till now. Today's society's fundamental
difference is reservation. This increased competition for jobs, resulting in
many unemployed people. Greedy politicians use caste to get votes and advance reservations.
Reservations help politicians but not the people. They just care about power,
not us. Reservation must be an option, not a platform, for the public. The
government should also guarantee equal opportunity for all citizens. Caste,
creed, and minority reservations should go. |
||||||
| Result and Discussion | History of Reservation Policy in India The Reservation Policy in India has its origins in the
1919 Government of India Act, which was passed during the uncertain years of
World War I. During this time, Europe was more important to the British than
India. However, they passed a number of significant and consequential laws to
build the Indian Territory. This Act of 1919 not only brought a number of
structural improvements to the Indian government, but also addressed a number
of minority concerns, including the introduction of communal electorates. As a
result of the Minto-Morley reform of 1909, Muslims already had a communal
electorate, and it was thought impractical to eliminate their distinct
electorates notwithstanding Montague-vehement Chelmsford's opposition to the
system as a potential obstacle to the self-development agenda. After the
enactment of the 1919 Act, the controversial Simon Commission was constituted
in 1927 to study the Montague- Chelmsford amendments. Following a visit of all
Indian provinces, their delegates advocated consolidating different electorates
and reserving seats for economically disadvantaged groups. Additionally, there
was a call for a broader franchise, as the economic, educational, and social
standing of these disadvantaged sections precluded them from voting
effectively. In 1931, a Round Table Conference was convened in London to
evaluate and confirm the Simon Commission's report and proposed revisions, as
well as how to incorporate them into a new Constitution. There were multiple
Indian delegations representing various interests. Ramsay Macdonald, the prime
minister of Canada, presided over the gathering. B.R. Ambedkar argued for a
separate electorate for disadvantaged groups, but Mahatma Gandhi passionately
rejected this demand. Due to strong opposition from Mahatma Gandhi and
Congress, the Conference failed to address the minority issue. The Communal
Award and the Poona Pact of 1932 went into effect after this. The communal
prize was proclaimed by Prime Minister Macdonald, who specified that Muslims, Sikhs,
Indian Christians, Anglo-Indians, Europeans, and Dalits would receive separate
representations. A specific number of seats were given to depressed classes to
be filled by election from special constituencies in which only depressed-class
voters could participate. Mahatma Gandhi criticised the award, while Dr. BR
Ambedkar and other minority groups vigorously backed it. The Poona Pact of 1932
established a single general electorate for each British India seat and new
Central Legislatures as a result of Mahatma Gandhi's hunger strike and
significant opposition to the award. The Poona Pact of 1932 was codified in the
Government of India Act of 1935, which allocated reserved seats to
underprivileged communities. This was the condition in India before to its
independence. After independence, the situation changed, and the
reservation tactic gained even greater momentum than before. Under the
leadership of Dr. B.R. Ambedkar, the Constituent Assembly created the
reservation policy, and multiple articles of the Indian Constitution were
devoted to it. Reservation Policy in Arena of Indian Constitution 1. Article 15(4)—Special Provision for Backward
Classes After State of Madras v. Champakam Dorairajan, the Constitution (1st
Amendment) Act, 1951, added Article 15(4), an exemption to sections 1 and 2.
The Madras Government allocated places in state medical and engineering
colleges by religion, caste, and race. The state claimed that Article 46 of the
Directive Principles of State Policy mandated social fairness. The Supreme
Court overturned the law because it classified students by caste and religion
regardless of merit. The 1951 Constitution (1st Amendment) Act changed Article
15's judgements. This section lets the state help Scheduled Castes and Tribes.
The amendment permitted the state to establish a backward caste Harijan Colony. 2. 2006 Constitution (93rd Amendment) Act: Reserving
backward, SC/ST classes in private schools (article 15(5)). - The new clause
five states that nothing in Article 15 or sub-clause (g) of Clause 1 of Article
19 shall prevent the State from making any special provisions, by law, for the
advancement of socially and educationally backward classes of citizens or the
Scheduled Castes or Scheduled Tribes in so far as such special provisions relate
to admission to educational institutions, including private educational
institutions, whether aided or unaided by the State. The change nullifies three
Supreme Court judgements in TM Pai Foundation v. State of Karnataka, Islamic
Academy v. Karnataka, and P.An Inamdar v. Maharashtra. The State cannot reserve
seats in private schools for T.M. Pai and P.A. Inamdar. The State can set
admittance quotas but not fees for Islamic Academies. Admission might be
merit-based. This Amendment lets the State reserve private school admissions
for certain classes. The Amendment excludes minority schools. Article 15
prohibits religious discrimination. Reservation hurts. Politicians who claim to
be bringing the country into the 21st century, where merit-based higher education
is essential, are retrospectively reserving private schools for less deserving
students. Government appeasement helps them win elections but damages the
nation. 3. Reservation of posts in public employment on the
basis of residence (Article 16(3))- exempts residence
discrimination from article 2. There may be compelling reasons to limit State
posts to locals. This article allows Parliament to legislate how far a state
can deviate from the abovementioned premise. 4. Reservation for backward classes in public
employment (Article 16(4)) - It allows the state to reserve
posts for backward classes that the state believes are underrepresented in
governmental services. 5. Article 17 abolishes untouchability and makes it
illegal. 6. Article 39-A of the Social Security Charter of
Directive Principles of State Policy mandates equal justice and free legal help
for Economically Backward Classes, and Article 45 improves their life and
health. 7. Scheduled Castes, Scheduled Tribes, Anglo-Indians,
Linguistic minorities, and OBC have particular provisions under Articles
330-342. 8. Article 335 helps balance reservation seat
allocation. The Article provides that the State shall consider Scheduled Caste
and Scheduled Tribe claims to administrative positions only if appointing them
will promote administrative efficiency. The State is not compelled to provide
members with these seats based on socioeconomic status. Significance of Reservation in India Reservation was intended to end caste-based
discrimination in Hindu communities. The upper classes discriminated against
the lower castes. Reservation is important from two perspectives: legal and
socio-cultural. The marginalised communities were oppressed by the
“upper” classes, as shown by their prejudice. According to the Constitution's
authors, these classes needed particular provisions to participate in
law-making. This merger was supposed to upheave backward classes to reduce
their casteist oppression. They were granted equal rights, opportunities, and
special reservations to ensure their legal involvement in the country. Debate & Discussion Reservation has long been part of Indian law, but
its usefulness has been questioned recently. Reservation is not controversial,
but caste-based reservation is a matter of debate. After 70 years of
reservation, backward groups have been economically and socially empowered,
according to some. Thus, seats should be reserved for economically
disadvantaged groups rather than. Due to the creamy layer system, even wealthy
backward class members are entitled to the same number of reserved seats as
other class members. However, another opinion blames the lack of job
possibilities for the populace, not minority reservations. The arguments
against reservation are valid while solving the above debate. Caste-based
reservation is obsolete and denies economically impoverished people chances.
Since it is harsh and not based on casteism, the quota system separates society
and causes prejudice and conflict. Contrary to community living. If offered,
reservation privileges should be limited to two children per family, regardless
of how many children they have, to regulate the OBC population and reduce their
representation, promoting equality. In rural areas, a general category person
may suffer economically equally as much as an OBC person. Still, only the OBC
person will gain a reservation in an educational institution or government
position under the reservation criteria. Reservation and quotas are linked. Quotas require
reservations. Reservation is reserving a portion of something. Reservation
quotas determine how much of something will be put aside. Reservation in India
reserves seats in educational institutions and certain workplaces for
"backward" castes and classes, such as Scheduled Castes, Scheduled
Tribes, Other Backward Castes, etc. Quotas determine how many seats each
minority group gets. Thus, reservation—not quotas—is the priority. Reservation
is needed, but not now. Instead of societal reservations, the reserve should
provide seats for economically weaker groups. While severe, such a move would
end caste-based communal violence and ensure reserved seats for those in need. In recent weeks, caste groups have been assaulting the Karnataka government with requests to be included in job and education quotas or moved to a separate category. Despite an upper ceiling of 50% reservations for all caste groupings, even dominant caste sub-sects want quotas. The Supreme Court limits Scheduled Caste, Scheduled Tribe, Backward Class, and Muslim reservations to 50%. 95 Backward Classes and 102 OBCs are recognised. Karnataka's 6-crore population is 17% Veerashaiva Lingayats. 15% Vokkaligas, 9% Muslims, and 8% Kurubas. 25% are Backward Classes, excluding Kurubas. SCs are 15%, STs 3%. The agricultural Panchamasali sub-sect of the Veerashaiva Lingayats, the dominating community, the cattle-herding Kurubas, the tribal Valmiki Nayaks, and the agricultural Vokkaligas have the greatest needs. Panchamasali Lingayats and the entire Veerashaiva Lingayat community want 15% reservations as OBCs. The Kurubas want to join the 3% ST quota, and the Valmiki Nayaks want to increase it to 7.5%. Discussions need to be conduct by the scholarly people whether the inclusion of socio- economic well settled castes in the reservation is necessary or not only based on their castes ? Or people need to be included in reservation purely based on their economic conditions irrespective of their caste status (https://www.iasgyan.in/daily-current-affairs/explosion-of-quota-demands). |
||||||
| Conclusion | India's reservation policy was created to uplift castes subject to abuses and social and economic backwardness due to Hindu society's caste system. Reservation kinds are two sides of a community development sword. Traditional reservations are harmful. Caste and class different societies and opportunities, preventing communal cohesion and growth. However, reversing the reservation policy to guarantee seats to economically poorer groups would promote a sense of shared upbringing between economically well-off people and economic minorities. In the current period, this justification has lost its meaning, and the castes who should profit are not, while others benefit from the quota system that is not meant for them. Politicians now use reservations to win votes. Gujarat’s Patels’ recent OBC movement shocked the nation because they were not socially or economically backward. In Tamil Nadu, the reservation system caused turmoil for society because Brahmans had successfully positioned themselves on the backward bandwagon and profited greatly from it. The Mandal Case removed the Creamy Layer from the Scheduled Castes, Scheduled Tribes, and OBC lists for these reasons. Justice Ravindran correctly noted in Ashok Kumar Thakur v. Union of India that the country stagnates when more people aim for backwardness instead of forwardness. It is impossible to say whether reservation policy is good or bad since those who benefit from it will always defend it, while those who lose out will always curse it. The purpose and reason behind the reservation policy are more important than its merits. If that reason is fading, the reservation policy will become bad. Reservation has gone from a noble intention to a vote-buying technique. Reservation standards have also been criticised. The socially and economically backward groups are not genuinely backward, but they can profit from reservations. The reserve policy works as long as deserving candidates take advantage of it. It is not helpful in understanding admitting undeserving pupils. The general class is repeating the scenario if these classes have been denied the opportunity. The undeserving should not benefit from the deserving. Development cannot include backwardness. If we seek greater backwardness, we cannot move forward and will stagnate. It’s also crucial to preserve the reservation policy’s spirit and help real backward classes who are denied education, jobs, and other chances. This reservation policy should not become a way for people who are socially and economically stable to profit from it. | ||||||
| References | 1. All About Reservation Policy In India - iPleaders
2. Ahmad, M. (2022). Effect of Reservation Policy on Employment of Scheduled Castes and Scheduled Tribes in Public Sector. In Mapping Identity-Induced Marginalisation in India: Inclusion and Access in the Land of Unequal Opportunities (pp. 155-176). Singapore: Springer Nature Singapore.
3. Chattopadhyay, R., & Duflo, E. (2004). Women as policy makers: Evidence from a randomized policy experiment in India. Econometrica, 72(5), 1409-1443.
4. Chauhan, C. P. S. (2008). Education and caste in India. Asia Pacific Journal of Education, 28(3), 217-234.
5. Chopra, M. (2021). Reservation system in india: advantages and disadvantages. International journal of economic perspectives, 15(1), 30-37.
6. Jangir, S. K. (2013). Reservation policy and Indian constitution in India. American International Journal of Research in Humanities, Arts and Social Sciences, 3(1), 126-128.
7. Kumar, D., Pratap, B., & Aggarwal, A. (2020). Affirmative action in government jobs in India: Did the job reservation policy benefit disadvantaged groups?. Journal of Asian and African Studies, 55(1), 145-160.
8. Sahoo, N. (2009). Reservation Policy and its Implementation across Domains in India.
9. Shastry, M. (2009). Reservation Policy in India: A Critical Evaluation. Available at SSRN 1406222.
10. Sharma, A. (2022). Impact of Reservation Policy in Higher Education: An Investigation. International Journal of Social Ecology and Sustainable Development (IJSESD), 13(6), 1-14.
11. Sheth, D. L. (2004). Reservation policy revisited. Class, Caste, Gender, 207.
12. Thorat, S. (2005, May). Why Reservation is necessary. In Seminar Magazine.
13. https://www.iasgyan.in/daily-current-affairs/explosion-of-quota-demands |
||||||
