POLITICS OF RESERVATION POLICY

POLITICS OF RESERVATION POLICY 

**Author: Aditi Srivastava, student at Gd Goenka University

ABSTRACT 

 The reservation system in India was founded as a result of the country's long-standing caste structure. It basically involves making it easier for particular groups of people to get seats in legislatures, educational institutions, and government employment. Due to their caste identity, many groups have experienced historical oppression. People are becoming more different and diverse as a result of reservations. Reserving one category in opposition to another fosters a sense of division that is currently causing instability as every tiny segment of the community requests it. In this research paper, I have discussed three major issues: the reservation system currently in place in India, discrimination on the basis of st/sc and obc in the education sector, as well as government employment sector, and whether this reservation system violates the right to equality and choice. I have also provided some suggestions for improving this reservation hierarchy to prevent discrimination on the basis of gender, caste, and color etc. 

KEY WORDS : Reservation,equality,discrimination ,education, right. 

 

INTRODUCTION 

The reservation system was put in place to support minorities in Indian society, but as a result, the government did not assist those who were in actual need. As population continued to grow, so did the number of the poor, therefore those who should have benefited from reservations never did. It has become challenging to screen people. There are some loopholes that people who don't need reservations have taken advantage of because they don't want other people's upliftment. As reservations continue in a family, they change into a sort of monarchy system and have become bound to only some section of society even if they are socially and economically sound.  

We all know that every new policy has both benefits and drawbacks, therefore the largest disadvantage of reservations is that they deplete the government's resources, as more and more loans are taken out, the value of the rupee falls, and middle-class citizens are subjected to an unfair number of taxes. 

The primary goal of reservation laws should have been to end historical oppression, inequality, and prejudice experienced by specific segments of the society, but politicians shifted this goal to suit their own interests and used reservations as a tool to win elections, in order to win elections, politicians have targeted the underprivileged by offering freebies and bribing voters with cash or by using manpower. Although our constitution calls for free and fair elections, the techniques and mind games used by our political leaders to win elections are deteriorating our constitution. what function does the election commission serve when if these issues persist, it will be impossible to hold a free and fair election. If this trend continues, our nation will soon disintegrate, regardless of how many schedules or sections of legislation we have in place. 

Why reservation still prevails in India? 

Why do we still need freebies and reservations for our people even after 75 years of independence? According to evidence, government policies are making individuals lazy and unskilled, and they are becoming accustomed to them. A startling 60.9% of India's overall population still doesn't have a job or the necessity for a workplace, according to current employment statistics.

   MONTHLY UNEMPOYMENT RATE 

Does India's education section discriminate against people based on the groups to which they belong?

this statement is very true because as we know there are three to four categories recognized by the Indian constitution as backward or suppressed section of the society economically and socially so for the upliftment of these societies and to provide equal opportunities and the right to education under article 21A they introduced reservation in the education sector by reserving a number of seats for sc/st and obc in educational institutions which leads to discrimination why is that because most of the incentives and benefits are given to sc/sc and obc through this reservation and deserving one is left behind according to our government all citizens who lie in the "general" category are economic as well, as socially well which is not true at all, Not everyone in the general category is financially secure; they cannot afford to send their children to private institutions.Then the government will claim that everyone is equal, but in reality, the concept of equality only applies to the sc/st and the obc, they are clearly violating their right to equality and interfering with their right to free speech. They also have no right to spend resources and tax money that the government has collected on the reservation; instead, the survival of the fittest or merit-based approaches should be used, which will define equality's true meaning.

 I would like to share my personal experience with this reservation system. When I was about to graduate from high school, I applied for a competitive exam of the national level called CLAT (common law admission test). When I went to the application site, they asked me to select a category, so I chose general. Then, a payment option appeared, which was 4000, and below that was the option for payment for st/sc and obc, which was 3000. Now, you know the difference between discrimination and equality clearly this is discrimination not eqality , If you are from the general category, your rank of roughly 11000 is not up to par. If you are from my sc/st and obc, however, you can even get in with a rank of 45000, at which point our state's constitution would declare that "We the people of India believe in eqality."

People classified as Scheduled Tribe as defined in Clause 25 of Article 366 of the Constitution residing a Sixth Schedule area are exempted from paying income tax under Section 10(26) of the Income Tax Act of 1961.

Article 15(4) was inserted in the Indian Constitution, which provides for reservations in educational institutions. Initially reservation in educational institutions was provided for schedule caste and schedule tribe under Article 15(4) then ,Post 1993 reservations were made for Other Backward Class (OBC) by Article 15(5) on the basis of report of Mandal Commission. As per this report, 27% seats were reserved for other backward classes in government jobs and educational institutions .and for Economically weaker sections (EWS) by Article 15(6) of the Indian Constitution.

Reservation Criteria  :

“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.”

Based on local demographics, the reservation in Haryana is 1% for OBCs, 0% for STs, and 18% for SCs.

Based on local demographics, Tamil Nadu's reservation policy is 18% for SCs and 1% for STs. According to the Demilitation of reservation, not more than 50%, the 1996 reserve program for Muslims was not successfully implemented by the ban.

When a student applies for admission to a university, the admission papers include questions such as, "Are you SC/ST, OBC, or General Category?" It makes no difference whether group he belongs to; what counts is his merit. A category cannot determine whether or not somebody is eligible for admission. There are many economically deprived children in the forward classes, but they cannot gain from such reservation simply by being in the 'general' group. Sometimes these youngsters from the lower classes may not even deserve and still have the requisite merit as opposed to a child who studied for months to get a seat, , there by snatching away that seat just because he comes from a particular religion or caste for which our government provides reservation. More than that, I believe reservation has become a justification for successive governments' inability to advance equality. It also reflects the failure of 60 years of rule to establish universal education and strengthen the state education system to compete with private school.There are simple remedies to this, such as making schooling mandatory till the age of 15 and providing educational facilities for all at earlier ages rather than at university levels. Admission to universities should be based only on merit, not on reservation. Even at the university level, there should be provisions only for economically disadvantaged groups. Women ,and disabled should be granted exceptions. Reservation was always intended to be a temporary solution, but it has become so politicized that governments are afraid to even consider decreasing it. At the very least, it should be based on economics and limited to graduate level only, and I believe that modern India will strongly embrace this.

Impact Of Reservation On Education System

The 50% reservation for students from the SC/ST/OBC community in educational institutions is the single most significant contributor to the Indian Education System's current plight. It has jeopardized the nation's progress and prosperity, as education is the backbone of any country. Reservation in education is a violation of a person's fundamental right to "freedom of choice." Because of Reservations in Educational Institutions for Backward Communities, it forces a deserving student to choose an option that was not his first choice.

Society's Division

We live in a secular country, and equality is essential for secularism to thrive. It has split the populace into numerous castes and religions, which has harmed the nation as a whole. The quota system has mostly benefited the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) under the Constitution.

Performers are discouraged

Students who work hard to get into a good college on merit are disappointed when they are denied admission because to reservations. They eventually become depressed, and some even commit suicide.

For Perks

People get forged credentials in order to take advantage of reservation benefits. Even politicians today utilize caste as a strategy to gain more votes. People do not want to work or learn because they want to reap the benefits of their caste. As a result, they will never be able to flourish and succeed, leaving the backward classes unchanged.

Merits Migration

When good students are denied entry to good institutions and jobs because of reserved seats, they prefer to migrate to other countries with better prospects to perform and make a better living, entirely based on their performance levels. As a result, many bright minds have been driven to leave the country and settle elsewhere.This system has had numerous other effects on the lives and careers of millions of people across the country. It's past time, and this requires care and modification. The culture and people's mindsets have evolved over time, and in order to meet the current needs, we must make improvements that can produce better results . The Indian Youth are the nation's future, so it is critical that they are not given the crutches of reservation but are made competitive, skilled, and efficient, which will further make them strong, vibrant, energetic, and confident, allowing them to take forward themselves, their families, society, and the nation as a whole. 

Reservation in Higher Education: Category-wise Student Enrollment in Universities & Colleges

As per AISHE report 2015-16, out of a total of 3,45,84,781 students enrolled in Indian higher education institutions last year, a total of 52.56% students were from reserved categories (SC, ST, OBC) and the remaining 47.44% belonged to General category.

Reservation in employment sector

Regarding reservations, The Supreme Court's first significant ruling, State of Madras v. Smt. Champakan Dorairajan, 1951[1], said that while Article 15 does not contain a comparable provision, Article 16(4) does provide for reservations for members of the underprivileged classes in cases of employment by the state. As a result, the Parliament modified Article 15 by adding clause 4. There are two types of recruitment for employment in government-based positions: direct and indirect. Since 1947, direct recruitment has been permitted for SCs, and since 1950, for STs. For two forms of Direct Recruitment to Civil Posts and Civil Services on an All India Basis, there are two sorts of Reservation% for SC/ST and OBC in Central Government Jobs.

A. Appointment by direct recruitment to civil posts and civil services on all India basis by open competition.

The Scheduled Caste would have a reservation of 15%

The Scheduled Tribe would have a reservation of 7.5%

Other Backward Classes would have a reservation of 27%

B. Appointment by direct recruitment to civil posts and civil services on all India basis otherwise than by open competition.

The Scheduled Caste would have a reservation of 16.66%

The Scheduled Tribe would have a reservation of 7.5%

Other Backward Classes would have a reservation of 25.84%

For the Economically Weaker Section of the society 10% reservation has to be granted.

Reservation to Central government jobs for direct recruitment on All India basis by open competition

Uplifting the underprivileged group would have been challenging without this "positive discrimination." The advancement of each and every person must be taken into account while evaluating the success of any nation. Any nation should prohibit discrimination in the workplace. As everyone, regardless of caste, contributes to the country's advancement. Reservations have facilitated the growth of SC, ST, OBC, women, and the disabled. The disabled reservation has been successful because it has enabled people to climb the ladder of success. Additionally, it is necessary to abide by the Constitution's provisions, including Article 15's prohibition on discrimination based solely on a person's race, religion, or caste.

Reservation-related issues in the employment sector

 Vote Bank Politics: Vote bank politics have taken over the reservation. Politicians frequently use false promises to sway the population and provide employment on a preference basis.

Criticism at Workplace: Employees from Scheduled Castes and Scheduled Tribes face criticism for applying for jobs through reservations rather than on the basis of merit. Physically challenged people are occasionally not treated equally to others.

There is no legitimate independent authority that could guarantee that the reservation % for categories is strictly applied in employment, even though the percentage of reservation for each category has been set.

Recommendation 

• The majority of underprivileged children from disadvantaged castes should receive reservation privileges, not only a select group of rich youngsters who may claim caste as their identity.

• High-ranking officials' families, well-off professionals, and those earning more beyond a specific amount shouldn't be eligible for reservation benefits, particularly in government employment.

• Reservations are an essential and fair way to assist the less fortunate members of our community.

• The reservation procedure should identify those who are actually economically marginalized and prosecute them all.

• The school system needs to undergo radical adjustments at the grassroots level. Additionally, there is a need for raising awareness because, while the unreserved portions continue to oppose the provision, the most vulnerable populations within the reserved segments are seldom aware of how to take use of it or even that such provisions exist. 

• Instead of handing out reservations for entrance to higher education or jobs on a silver platter, bold options include eliminating the entire creamy layer among all castes from reservation and boosting their talents.

Conclusion 

The benefit of the underprivileged segment of society is the goal of reservations in the employment and educational sectors. Job reservation has aided in bringing people into the mainstream and representing them, but the benefits of these reservations should go to the most deserving. Every law or policy faces difficulties that must be overcome. Laws pertaining to reservations need to be amended occasionally. The necessary emphasis should be placed on the implementation of reservation in order to guarantee its success without violating any basic rights.