RELEVANCE OF CLASS BASED RESERVATION
The theme of Reservation Policy usually triggers controversies and evokes passionate reactions and debates amongst both adherents and detractors. Irrespective of the context in which it is invoked, the philosophical content of the idea is essentially contestable and complex.
This study is based on students belongs to ‘scheduled caste’ and ‘scheduled tribe’ categories generally called SCs/STs and role of reservation policy to see the impact of its implementation in higher education in India, about caste action and the very survival of caste as an institution to participate in higher education and in jobs for bright career of SCs/STs students.
Even as it takes on, in a specific socio-temporal context, the dynamics of Scheduled Castes (SCs) and Scheduled Tribes (STs) individuality in contemporary Uttar Pradesh particularly in the major district like Agra. Reservation, also sometimes denoted as affirmative action or positive discrimination, it refers to a policy or program, or giving certain preferences to certain groups (usually under-represented groups) over the others.
The policy of reservation, it must be kept in mind, was not a post-constitutional phenomenon but had its antecedents in the colonial times. Caste or communal quotas were in vogue well before the Constitution came into force. Reservations in favour of the backward classed (BCs) were introduced long before independence in a large area, comprising the presidency areas and the princely states in the south of the Vindhyas. Chatrapati Sahuji Maharaj, Maharaja of Kohlapur in Maharashtra, introduced reservation in favour of backward classes in as early as 1902 to eradicate poverty from amongst them and to give them their due share in the state administration.
The notification of 1902 created 50% reservation in services for different communities in the State. This notification was the first government order providing for reservation for the welfare of depressed classes in India. This class based reservation is important in country like India where people don’t recognise other people as their equal just because they are from lower class and that’s why because of these reservations these people gets an opportunity to do something which makes them proud of themselves and they can live in society happily without any biasness.
HISTORICAL BACKGROUND OF RESERVATION IN INIDA
Reservation, also sometimes denoted as affirmative action or positive discrimination, it refers to a policy or program, or giving certain preferences to certain groups (usually underrepresented groups) over the others.”The policy of reservation, it must be kept in mind, was not a post-constitutional phenomenon but had its antecedents in the colonial times. Caste or communal quotas were in vogue well before the Constitution came into force.
Reservations in favour of the backward classed (BCs) were introduced long before independence in a large area, comprising the presidency areas and the princely states in the south of the Vindhyas. Chatrapati Sahuji Maharaj, Maharaja of Kohlapur in Maharashtra, introduced reservation in favour of backward classes in as early as 1902 to eradicate poverty from amongst them and to give them their due share in the state administration. The notification of 1902 created 50% reservation in services for different communities in the State.
This notification was the first government order providing for reservation for the welfare of depressed classes in India. In the year 1942, Dr. B.R Ambedkar established the all India depressed classes federation to support the advancement of the scheduled castes”. He demanded reservations for the Scheduled castes in government services as well as other sectors.
However, in the year 1947, India obtained independence and Dr. B.R. Ambedkar was appointed chairman of the drafting committee for Indian Constitution. The India Constitution prohibits discrimination on the grounds only of religion, race, caste, sex and place of birth. While providing equality of opportunity for all citizens, the Constitution contains special clauses for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Separate constituencies allocated to scheduled castes and tribes to ensure their political representation for 10 years.
It is significant to note that according to the article 15(4) of constitution of India, which provides a constitutional basis for reservation in education, did not form part or the Constitution as it originally stood in 1950, although there was provision for reservation of appointments or posts in favour of any backward class of citizens under article 16(4). However, an equivalent of the current article 15(4) was the subject matter of considerable debate amongst the founding fathers of the constitution.
NEED OF CLASS BASED RESERVATION
We Indians, as a society and as a global power, are becoming the forerunner among all the South Asian nations. But some regressive concepts like casteism, on which the domestic politics of India is dependent, which does not allow an individual to have a frank and free relation with the so-called untouchables of the society, are still prevailing. The present social conditions of the SCs and STs are not different from those in the later Vedic period. Untouchability is still prevalent, and they bear the brunt of it. Economically also, they are yet to be emancipated”.
“Freedom of choice of profession (Article 19) is alien to them; caste-based discrimination, sexual exploitation and atrocities (as prohibited by the Article 15) are the fate of the women of this section- even naked parade and witch hunting are a usual phenomena. Constitutionally, all Indian citizens have the right to live with full dignity with equal opportunity in all affairs of life. Article 16(4) of the Indian Constitution empowers the State to have some special provisions for the backward classes of the society, if their representation is not adequate in any affairs of life.
For this purpose, the policy of reservation (Article 335) came into existence, which is politically called Affirmative Action. In this context, the hypocritical high class is always against this provision with the excuse that reservation policy deprives them of the society and causes the grave violation of the Article 14 (Equality Before Law) and Article 16 (Equal Opportunity of Employment) of the Constitution.
To my understanding, it is not a violation of the Constitution and nothing in this provision deprives others. The weaker sections of the society are too weak to compete with the economically elite class on equal terms. They should be brought in the mainstream first, should be made economically empowered, and then should be encouraged to compete on an equal basis. A race between a physically challenged man and a man on bike cannot be considered.
The policy of reservation is not as regressive as it has been widely propagated to be. It is a type of special care taken by the Government of India, by its Constitutional obligation, for the downtrodden. “However, here we have to argue, why is there a necessity to entertain a provision such as reservation?” We live in a welfare state that is run on welfare schemes. India is a mixed economy. Although the “Preamble to the Constitution describes the nation as a socialist country, we are leaning towards capitalism”. “Some preventive measures are being taken by the government to protect the weaker section from the exploitation at the hands of capitalists.
This is why there is a provision for specific commodities to be produced only by Indian companies. It is done in order to protect the interests of Indian firms from MNCs. In all fairness, the hypocritical higher strata of the society should shout out against this rule, which is also against the provision of WTO (since India liberalised its economy). Therefore, reservation is inevitable – both in economic and social aspects”. “A Now, the question arises, on what basis should the reservation be given? Whether it should be given on the basis of caste, or on the basis of economic status, or on the basis of religion? For how long the policy should be continued?”
According to me, the criterion of reservation should be made on the financial standing of a person instead of their caste heredity. So far, the policy of reservation benefitted the weaker people among the Hindus only, leaving the weaker ones of other faiths into the pyre of struggle. Sachar Committee Report (2006) says, “The conditions of the people among the Muslims are much worse than average.
The righteousness is that weaker sections of the society from all faiths should be brought under the umbrella of reservation and there is a need to introduce the concept of ‘Creamy Layer’ into the reservation scheme of SCs/STs“. We don’t need reservations based on castes or religion but only to actually provide aid to those who have minimal resources; and merit should be given equal and due importance in admission procedures as well employment opportunities.
This way we would be successful in removing caste discrimination and unite the economically rich together in helping the economically poor, irrespective of their castes. “We live in a free country and this freedom is a gift of democracy to us. Our constitution gives us the right to freedom and most importantly to exercise this freedom in an equitable manner. At the same time it is incumbent on the part of the state to ensure that equality prevails in all sections of the society.
However in today’s time one of the major roadblocks to this equality is the Reservation System. India being a developing nation is currently facing many challenges and the reservation system being one of them. The current scenario clearly depicts that the lower castes are still discriminated in their daily lives. To uproot casteism it is important that we fight the reservation system which alone will lead us to development, competency, equality and unity.
The reservation system finds its origin in the age-old caste system of India. Today we stand divided widely into Hindu, Muslim, SC, ST & OBCs with newer reservations coming up for other different sections of the society. We really need to understand that the reservation system only divides the society leading to discrimination and conflicts between different sections. It is oppressive and does not find its basis in casteism.
“We don’t need reservations based on castes or religion but only to actually provide aid to those who have minimal resources; and merit should be given equal a and due importance in admission procedures as well employment opportunities. This way wewould be successful in removing caste discrimination and unite the economically rich together in helping the economically poor, irrespective of their castes.”
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