The life of reservation system
Reservation is a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment, and politics. In other words, reservation in India is all about reserving access to seats in government jobs, educational institutions, and even legislatures to certain sections of the population.
Also known as affirmative action, the reservation system is said to be a positive discrimination. Reservation in India is a government policy, backed by the Indian Constitution.
This system was started back in 1947, mainly to correct the historical injustice faced by the backward castes in the country. In the words of Rajendra Prasad, the first prime minister of the country, the reservation system was introduced to “end poverty and squalor to abolish distinction and exploitation and to ensure decent conditions of living”.
Back then untouchability was a very common practice and was practiced throughout the country, by the so-called upper castes. Untouchability is the practice of ostracising a group of people regarded as ‘untouchables’, resulting in the segregation and persecutions from the people regarded as “higher” caste.
These untouchables, later dubbed as Harijans, were subjected to continual harassment, being refused work, and were even denied basic amenities like milk and newspapers in the villages.
After such inhumane treatment for more than 2 centuries, Dr.B.R. Ambedkar established the reservation system to warrant the advancement of backward classes.
This system also helps level the playing field for backward sections as they can’t compete with those who have had the access to resources and means for centuries. They also secure adequate representation in services under the state. Another major reason would be to ensure equality as the basis of a meritocracy.
CASE STUDIES:
1) How the reservation scheme affects:
a) Education:
Reservation has a profound effect on the education system of our country. On one hand, it provides people from lower backgrounds a push to aspire for something big. It helps them achieve their dreams, and elevate not just themselves, but their families as well. It helps cut down the societal disparity, as it promotes growth for those who lack resources, as they belong to historically oppressed sects.
For people who have to work laboriously just to get 2 meals a day, education is a privilege. Since they aren’t equipped with the same amount of assets that we have, the reservation system plays an important role in their journey of success.
On the other hand, the reservation system also creates subtle divisions in society. We all have seen instances, where people belonging to these so-called lower castes have access to more funds than the “upper castes”. Them, receiving the benefit of such a benefit discourages performance in others, as they feel that they have a better chance even though they come from the same backgrounds.
b) Employment:
One way to uplift the historically disadvantaged groups, to create a more inclusive and prosperous society is the employment of affirmative action policies.
These policies either take the form of a mandated quota system in which a certain number or share of jobs/seats are set aside for disadvantaged minorities
in a public or private sector enterprise.
The Indian Constitution stipulates that in each state the employment quotas for
Scheduled castes (SCs) and scheduled tribes (STs) — the two principal historically disadvantaged groups in India — be equal to their share of the total population in the most recently tabulated
Population census. But upon a closer look, we observe that the share of employment quota for SCs and STs and their population share are
not an exact match.
Other than caste reservation, another major chunk of the jobs is reserved for women.
33% of the whole is reserved for women. Within these ranks, priority hiring is given by Other Minorities women, ST women, SC women, OBC women, EWS Women.
Though the Supreme Court ruled saying that reservations in job promotions are unconstitutional, they allowed its continuance for five years.
2) Reservation based on caste:
Reservation is primarily given to all 3 groups: Scheduled Castes, Scheduled Tribes, Other Backward Classes abbreviated as SC, ST, OBC respectively. Originally reservation was only given to SCs and STs but was later extended to OBCs in 1987 after the implementation of the Mandal Commission report.
In central-government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (SC) and Scheduled Tribe (ST) students (7.5% for STs, 15% for SCs,20% for ESC,12% for SCA,16% for SCB,22% for SCC,18% for SCD).This reservation percentage has been raised to 49.5% by including an additional 27% reservation for OBCs. This ratio is followed even in Parliament and all elections where a few constituencies are earmarked for those from certain communities
Though the exact percentages vary from state to state, all the states do have a reservation system in place.
3) Reservation based on religion:
Reservation based on religion isn’t set percentage throughout the country as most states, do not give preference based on religion.
The major reason for this is that our constitution prevents the State from discriminating against anybody based on religion. Thus implementing a reservation system based on religion would not just be dishonoring the constitution, but also might cause social unrest.
It will disunite people of the country; seeing that a particular religion is getting favors irrespective of other aspects of life such as education, financial status, job opportunities, other religions would feel endangered. This will become an act of distrust in the government.
That being said some states like Tamil Nadu, Andhra Pradesh, and Kerala, have included Muslims and Christians into the OBC sect, thus giving them the benefits of reserved seats.
4) Reservation based on financial status:
In 2019, the GOI amended the constitution to include a special reservation for economically weaker sections amongst the erstwhile unreserved category students. It was decided that people having an annual income lower than 8 Lakhs pa, will enjoy the benefits of this reservation, irrespective of their caste or gender.
This is the only basis of reservation that has an NCL limit from its very conception.
This move was met with mostly positive views since its inception 3 years ago, as this is the first time that it is been acknowledged that there are people from OC castes as well, who require additional help. Thus, this would indeed level the playing field regardless of their caste, religion, or gender.
5) Reservations based on gender:
Women have been seen as weaker in comparison to men, and hence are dominated from time immemorial. But with changing times, it is imperative for us to change our idealogy as well, and thus empower women to stand up for themselves, and become independent.
A reservation comes a long way in this process, as there are a lot of parents who would rather spend money on a girls’ wedding rather than on her education. Therefore, this reservation would act as a further incentive for such women.
While some argue that if women need to have a reservation to get elected, then maybe they shouldn’t after all, they do not realize that it isn’t because the candidate isn’t worthy, but instead is cause ticket distribution itself is quite stingy towards women.
In the end, we can see states like Gujarat and Andhra Pradesh, 32% of posts are reserved for females in all government departments and services, such as police, health, education, and general administration. From 2015 onwards Kerala has implemented a 55% reservation for all posts of its local self-governing bodies.
On 21 July 2021, Karnataka became the first state in the country to provide one percent reservation for the transgender community in all government services. This is a step which should be highly applauded, as they deserve to be recognized as well.
6) Reservation based on birth state (Home-state quota):
Home state quota is a benefit provided to candidates at the time of admission to a college or institute. Though different states have different conditions to declare a student a local, most state universities have a special quota for local students.
Other nationwide examinations like JEE Mains/advanced also have a home state quota. Under this, seats are reserved for candidates based on their state of eligibility (Basically, the state where they have completed their Class 11th and 12th from). Home state quota is filled as per as aspirant’s All India Rank. Around 50% of seats are reserved for HS quota students.
7) What is a creamy layer? How does it affect the entire system?
Creamy layer is a term used in Indian politics to refer to some members of a backward class who are highly advanced socially as well as economically and educationally. They constitute the forward section of that particular backward class — as forward as any other forward class member. They are not eligible for government-sponsored educational and professional benefit programs.
The term was introduced by the Sattanathan Commission in 1971, which directed that the “creamy layer” should be excluded from the reservations (quotas) of civil posts.
Though coined in 1971, it didn’t come into play till 1993, when for the first time restriction were placed on caste-based reservations based on their economic status. Though it started with Rs.1 lakh in ’93, it was subsequently revised to Rs.8 lakh by 2017.
In October 2015, the National Commission for Backward Classes (NCBC[6]) proposed that a person belonging to Other Backward Class (OBC) with a gross annual income of parents up to Rs 15 lakh should be considered as the minimum ceiling for OBC. The NCBC also recommended the sub-division of OBCs into “backward”, “more backward”, and “extremely backward” blocs and divide 27% quota amongst them in proportion to their population, to ensure that stronger OBCs don’t corner the quota benefits.
8) Exclusions and exceptions:
Though the reservation system was brought to uplift the weaker sections of the society, not all among them need this privilege, and thus some exclusions have been set up by the GOI to ensure that only the needy deserve what they get.
There are no exclusions in the cases of SC or ST people.
For persons belonging to the OBC community, there are quite a few restrictions. Many children based on their parentage aren’t entitled to the benefits of this system, including children of officials in high office, or civil servants in high positions, armed force officers of high rank, professionals and those engaged in trade and industry, children of property owners, children of people with annual income exceeding ₹8,00,000.
Though the idea and concept behind the reservation system are sound, we need to realize that the times have indeed changed since when this was first conceived. With changing times, we need to change as well and keep in mind the needs of the current societal conditions, instead of forming laws according to archaic circumstances.
The time for reservations based on caste has passed as atrocities against them are minimal, if not zero. Now we must come up with a better basis of reservation, taking other aspects into account like economic conditions, living state (as in rural or urban), and many more.
Though some of them already are in place, we need to implement more checks and balances to ensure that people who don’t deserve it, don’t slip through loopholes. Failing to do so instills the very disparity it was conceived to erase.
Written by VK Valli of The Phonetic House
