Why Caste Based Reservation?
Why Caste Based Reservation?
Article
15(1) of Indian constitution states that, "The
State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, and place of birth or any of them". The main
concern of people against Reservations is that it violates the principle of
equal rights to every citizen. But as per the Article 16(4):"Nothing in this article
shall prevent the State from making any provision for the reservation of
appointments or posts in favour of any backward class of citizens which, in the
opinion of the State, is not adequately represented in the services under the
State." As
India has always been a society that was based on inequalities becoming rigid
over the years, so it was necessary for the makers of Indian constitution to
address those inequalities. And hence Article 16(4) was added to the
constitution. But since a very long time there have been many discussions to
abolish caste based reservation or to make some changes.
But before starting any further discussions about pros and cons of reservation system, let us first understand the impact of this reservation system.
Now if we
look at the above two pie charts, we can clearly see that we are going to talk
about at most 4% of the total employment of our country. Yes, this is only
where the reservation exists. So, it is up to you to decide whether this discussion
matters that much to you now also or not.
Now we can
start our discussion about whether Caste based reservation is justified or not.
Ø CASTE BASED DISCRIMINATION
“Kaun jaat
ho?” (Which caste do you belong to?)It is one of those questions that we can
easily hear everytime we are travelling in a bus or a train and also in our
localities as well. As I remember a story from my childhood, when I was at my
village my grandmother asked me to shift aside or else I would touch the woman
who came to collect waste and garbage from every household in the locality and
she was offered roti and sabzi in return and sometimes some money as well. Then
I got to know that she belonged to a lower caste, this was maybe the first time
I came to know about caste and now after so many years, now that woman has
grown old and her daughter comes to collect garbage and in return she was also
given some food and money. I still wonder why they are still doing that same
stuff, still everyone fears getting touched by them. If this isn’t caste
discrimination, which seems to be a practice of past to many, then what else
is. The lower caste have a long history of being discriminated just because of
the caste they were born in, for instance, If a Brahmin committed adultery or
rape, merely a fine was imposed on him (Manu Smrti VIII.385). However if a
Shudra had sexual intercourse with a Brahmin woman, he was to be executed no
matter whether the act was consensual or not (Vasishtha Dharma Shastra 21.1).
If a Brahmin reviled a Shudra, he paid a small fine (Manu Smrti VIII. 268) or
nothing at all (Gautama Dharma Sutra XII.10). But in the reverse case, a
Shudra’s tongue was to be chopped off (Manu Smrti VIII. 270).
In the
State of Maharashtra, lower caste houses cannot be located to the West of any
village since the Westerly breeze passing through them to the main village
would be polluting. This is not from the 18th century but the present day. We
people living in the urban cities who claim themselves to have developed a lot
like to believe that this is an outdated concept but, sadly, it is not. Even today
lower caste women are raped with impunity. Even today lower caste people are
not allowed to access water points meant for the upper caste (many people still
get lynched every year on this issue). Even today lower caste people are denied
entry into many temples. Even today girls who marry lower caste boys get killed
by their families who want to maintain / redeem their lost ‘honor’.
Ø RESERVATION: A CHALLENGE TO
EQUALITY?
“Equality does not mean same treatment”.
A historically and socially
disadvantaged group needs to be given special opportunities to ensure equal share
of opportunities. Whenever we talk about equal opportunities, it is not always
formal equality but substantial equality.
Whenever we
see comparatively low cutoffs and easy to score marks for the reserved
categories to clear an exam or to get into some job, we often don’t see the
whole of challenges experienced by them generations over generation. What we
are looking at is just the finishing line, which we feel is closer for the
reserved category students. But what we don’t see is the starting point of the
race, have they started from the same point where we did. We talk about merit
and competition, but is there any competition that exists for real. A group of
people who had been declined even basic human rights for years, who were not
even given the right to study, who were given no right over land and resources,
are now expected to compete equally with us. Is that what we mean by an equal
and fair competition?
Ø RESERVATION ENSURES
REPRESENTATION
Article
16(4) renders it clear that reservation was enacted to ensure adequate
representation of backward classes in the public services. Sharing of state
power by the downtrodden was necessary because at the time of independence, the
administration had been controlled by one community or a few communities only,
as Ambedkar pointed out before the constituent assembly. As the condition was
so deplorable, the people of upper class would not have allowed the socially
deprived class people to join public services. Hence, there was a need of
ensuring a proper representation of all groups and for this reservation was
introduced on the basis of population of the SCs and STs.
From the
above graph we can see that the respective population of UC, OBCs, SCs and STs
is nearly 30%, 41%, 20% and 9% (And there has been a significant increase in
the population of OBCs as more and more caste groups are added to OBC
category). Currently the reservation
provided to these categories in Central services and educational institutes is
OBC- 27%, SC- 15% and ST- 7.5%.
Still we
can see a lack of fair representation of socially marginalized groups in the
services where reservation does not exist. Representation is a core principle
of democracy and the latter has no meaning without the former. However, a fair
representation is still not possible for the underprivileged and deprived
sections of society due to the existing caste discriminations, Brahmanical
attitudes and prejudices. It is also imperative to note that representation
alone is not enough to democratize the social spaces. The representation will
not fulfill the purpose if there is no recognition. Both recognition and
representation are complimentary to each other. Recognition is a matter of attitudinal
change and transition of morality from social to constitutional and can be
achieved when people adopts democracy as a way of life.
Ø RESERVATION ON ECONOMIC
BASIS
Many a
times people argue that reservation should be given on the basis of economic
status of a person and not merely on the basis of caste. And yes it seems to be a good option as well.
Even the
makers of our Constitution would have thought about it, but their major concern
was that even if the candidates of the scheduled castes would apply for certain
Government posts, they would not be selected for the posts because the people
who select the candidates do not belong to that community or that section. Thus,
it was not economic poverty but caste that accounted for their deprivation of
government jobs. In such a situation, reservation was the only option to ensure
entry and adequate representation of the candidates of SCs and STs in the state
apparatus. In no case was reservation seen as a device to eradicate poverty,
nor was it demanded in favour of the economically poor. It was brought in
because without reserving a certain number of posts, the selection bodies which
were monopolised by the so-called upper castes, would not recruit Dalits due to
their ingrained class-bias.
Still if we
have a look at the poverty graph most of the people living below poverty line
belong to the lower caste. And even if we compare population belonging to
economically same level on the basis of caste (look at the graph given below)
we can clearly see a big gap between Upper Caste and Lower Caste group.
So, the
caste based reservation cannot be mixed with the economic reservation. So,
replacing caste based reservation with economic reservation won’t be a wiser
choice. But it does not necessarily mean that there should be no provision for
the reservation on economic basis. And the government has also included 10% EWS
quota for the economically backward section. It can also help in the eradication
of poverty, and upliftment of society as a whole.
Ø CHALLENGES TO THE CURRENT
RESERVATION SYSTEM
By now,
there are affluent and socially and economically advanced classes within
Scheduled Classes and Scheduled Tribes. There is voice by deprived persons of
social upliftment of some of the SCs and STs, but they still do not permit
benefits to trickle down to the needy. Thus, there is a struggle within, as to
worthiness for entitlement within reserved classes of SCs and STs and other
backward classes.
If we take
an example, there is a Meena community that is majorily found in Rajasthan,
Madhya Pradesh and few parts of Uttar Pradesh. Meena community is a Kshatriya
tribe, who claims to have ruled parts of Rajasthan, and even there was 42nd
Deoli regiment of British Army that raised Meena Battalion from the northern
parts of India.
Meenas are
provided ST category reservation but now the same group seems to be
economically much well off and in almost every government service and top class
institutions we can see a very good proportion of people belonging to this community.
I’ll give you an example of how a few well off groups don’t allow much deprived
sections to get the benefit of reservations. In UPSC Civil Service Examinations
2019, 67 seats were reserved for ST category and out of these 67 seats
candidates with Meena surname grabbed 23 seats that accounts for more than 1/3
of seats reserved for ST category. It makes it impossible for the other tribes
belonging to North East and other regions to find a fair proportion in these
elite services.
This is the
major drawback of the reservation system, as it completely goes against the
basic principle of fair representation. There should be measures to overcome
these challenges, like more subcastes and subgroups can be introduced under SC
ST category to ensure that the benefit of reservation reaches every section of
society.
There
should also be a revision of castes included in reserved categories that if
they now need any more reservation or not. Or just like in OBC category a
concept of creamy and non-creamy layer can be included in SC and ST categories.
There can
also be made provisions to discontinue the benefit of reservation after a
particular number of generations to be passed onto next generation. Like if my
Father and I have used reservation to represent ourselves and get a respectable
position in society then my children should not be allowed to use the benefit
of reservations.
Ø CONCLUSION
So now as
we have already discussed reservation so deeply, we can ourselves make out what’s
wrong, what’s good and what can be changed. What those belonging to unreserved
category need to do is have a look at the broader picture instead of just feeling
low or jealous if someone gets something better than them even after performing
less. Society can be taken forward together only. And always remember that Reservation is not about snatching opportunities from you but it is about giving special opportunities to the others. Our aim should be to make a
Casteless society, where your surname doesn’t define you. Because caste came
first, then reservations.
And those belonging to reserved category should also think of getting rid of the reservations and should do the best they can do themselves and make sure their children don’t have to rely on reservations only, provide them good education and a respectful life. Always remember Reservation was meant to be a basis of upliftment and you should make sure that in coming years you don’t need any outside upliftment.
CREDITS:
Graph, Charts and Data taken from Youtube (Yogendra Yadav TEDx Talks; https://youtu.be/exEfbf-IKZI)
Few Excerpts taken from Scroll.in (https://scroll.in/article/976824/caste-violence-india-must-disown-parts-of-ancient-texts-that-contradict-the-constitution)
Thorough research and very well written
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