भारत सरकार ( Govt. of India ): September 2015

Thursday, September 24, 2015

Basis and Significance of Reservation

In the recent debates on reservation some people have suggested that let us now give reservation to so-called upper castes according to percentage of their population. I do not agree with this argument. I think those who are mooting this idea are doing in frustration or out of their ignorance about the logic and basis of reservation. By even mooting this idea we dilute the principles of reservation and spread the idea that reservation can be granted to anyone. One should not forget and misunderstand the logic of reservation. There are very significant, fundamental and structural principles on the basis of which this reservation was conceded to SC, STs and to some OBCs after intense debates in the constituent assembly and centuries of movements by SCs, STs, and OBCs. Few of them were:

1. They have faced thousands of years of exclusion and discrimination and were not accepted as even human beings.

2. This exclusion and discrimination of thousands of years was cumulative in nature, that is, it was not in one aspect of life but it was in most of the spheres, for instance in social, economic, political, educational, religious, residential, occupational, etc.

3. The founding fathers of the Indian nation thought that even after these people were accorded human rights enshrined in the democratic constitution of India and there will be penal provisions according to Indian Penal Code one will not be able to obliterate this exclusion and discrimination against these people and there should be some special provisions for them in the realm of Politics, Bureaucracy, and Education.

4. There is an element of social justice in the reservation of SCs, STs, and OBCs. It involves historical corrective of injustices done to SCs and STS.

5. There was no time limit fixed for reservation for SC and STs in Bureaucratic Jobs and in Educational Institutions. Only political reservation under article 330 and 332 of Indian Constitution, which reserves seats in Lok Sabha and in Vidhan Sabhas of different States were for 10 years. However, these reservations have been given new life with different amendments.

6. The most important point in 'Reservation for SCs and STs' is directly connected with the issue of representation. It was because they did not have any representation in any sphere of life, that is, in social, economic, political, educational, etc. sphere for thousands of years and therefore they were supposed to get representation in these Institutions.

7. Therefore, reservation is not poverty alleviation programme. The founding fathers of nation did not think to remove poverty of scheduled caste persons through reservations. In fact there are so many poverty alleviation programmes begin run in India. One such programme is MNREGA, the other is Prime Minister's Rojgar Yojna etc. They always thought to grant SCs and STs Self-representation through reservation.

In the light of the above we cannot concede reservation to Upper Castes. Second, we cannot concede reservations on economic basis.

Prof. Vivek Kumar, JNU