14 Chapter 10
14 Chapter 10
On one hand is the centuries old caste system in the Indian society and
on the other hand have been the efforts of social reformers down the age to
break the barriers which separated the Hindu society into upper and lower
castes. The constitutional and legal provisions for socil economic upliftment
of the lower castes through reservation have only partially succeeded in their
mission of emancipation.
After five decades of inpleinentation, the reservation policy has left its
beneficiaries as well as its critics dissatisfied. The former are dissatisfied
because the reservation policy has not created a noticeable impact on the
social economic conditions. The Scheduled Castes and Scheduled Tribes
majority of whom remain at social periphery, illiterate and poor while a small
group among themseleves has cornered the benefits. The critics argue that in
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matter of employment its reservation has been at the cost of merit and has
given rise to frustration and social anger amongst the unreserved category.
Indian society when on one hand the world is shrinking into a global village,
on the other hand fissiparous tendencies on caste lines are becoming more
a halt.
removal of social disparity, It was felt that these benefits of Scheduled Castes
and Scheduled Tribes were needed only for a limited period after which these
society. Though recruited under relaxed criteria it was assumed that job
those selected on merit. It was also felt that upward economic mobility of
some members of the gorup would faciliate the same for other members of
the group. With regard to the unreserved categories it was argued that
historical disabilities to which these groups had been subjected. There has
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aspect of this policy has been unabashed exploitation by various groups and
has led to perpetuation of the reservation policy and its implementation of the
The result of reservation policy has been widening the gap between the
cornering the benefits for themselves rather than welfare of the community.
reservations and adhoc quota have been fixed from primary education to
professional colleges and skilled governement jobs. The criteria for fixing
these quotas have not been practical for it is a known fact that percentage of
Hindu society. He fought and won the battle against separate elctorate for the
schism between the two caste groups. Nehru was also against undertaking
words, that external props like reserved categories is not the correct
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props of reservation they would not learn to stand on their own and the
moment these external props are withdrawn they would find themselves in a
helpless situation from where it may not be possible to pull them out easily
Lohia had emphasized the social aspect rather than the welfare of the
transformation in the attitudes of the upper castes was needed and reservation
government particularly in south India could not resist the pressure of those
caste and communities and of such caste and communities as had become
economically powerful after land reforms as they used to enjoy the benefit of
latest Mandal conmission report adopted the basis that ritual ranking of cast
had enabled the higher caste to hold lower caste in bondage for ages. The
commission was of the view that unequals can not be treated as equals
indicators the commission made the caste and communities as die basis for
and its critics argued that firstly it is based on inadquate data and
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Thirdly complete neglect of very poor upper caste and fourthly extension of
the benefit of reservation even to the affluent of the backward class and
fifthly application of the reservation policy not only at the stage of initial
appointment but also at the stage of promotion made the Mandal Commission
Report highly controversial and whipped up passions for and against it,
The timing and manner of its implementation reflected intentions other than
social upliftment. It did not convince the nation and smacked of political
was unfortunate since its implementation had not been preceeded with
adequate national debate and moulding of public opinion. These doubts about
The deep rooted social problem in terms of history and payche of the
groups and the showed implementation in the present innovative times have
given rise to conflicting values in the society. Herein the role of judiciary
comes in. The judiciary can at best play the role of integration and
However, it is not possible for the judiciary to create a new set of values for
the society. Nor can it suppress the age-old value system. The constraints
under which the judiciary has to work are tremendous; for they too are the
product of society and problems before them are delicate, complicated and
innumerable. By and large the judciary at the highest level has revealed a
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high judicial statesmanship specially with regard to fixing the upper limit of
concept of creamy layer which was laid down by the Supreme Court in Indira
targeting the real beneficiaries while eleminating the affluent among the
backward castes from the purview of reservation. Another area where tire
level of assumption it was argued that those beneficiaries who were recruited
would grow with the service and soon be as proficiet as those recruited
reservation in promotion. The judicial approach till now has been positive:
reservation scheme.
In the present reality one has to visualise the effects of new market
forces which had invaded the Indian social economic system. Historically
speaking controlled economy which has been the hall mark of Indian planning
the government jobs carry major source of power and prestige. The public
sector in our economy control the commanding heights. This process is in for
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a change since license permit Raj is breaking and government jobs over the
years are likely to lose the power and prestige attached to them.
have far reaching economic and social repercussions are the new issues which
will emerge for the Indian Polity. Over the time it would be the economic
agenda which will determine the political battles and victories therein. This
directly affect vote banks politics based on caste and perpetuated through
plan of reservation policy for scheduled castes and scheduled tribes and
backward classes so that disharmonious strains within the body politics are
ironed out and the basic objective of reservation policy is not lost sight of.
the very spirit of the constitution. The preamble itself envisages justice,
the individual and unity and integrity of the nation. It solemnly resolves to
constitute India into a sovereign socialistic secular Republic. With the basic
spirit of the Premable behind us the need of the hour is to realise the fact that
the phenomena of poverty cuts across all castes, regions and religions in our
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would be equally wrong to think that the biases, prejudices and negative
attitude deeply engrained in the minds of the so called non-scheduled castes
would be removed over a period of time if they work together with higher
caste brethren. The basic drawback of the present reservation service has
been that a deeprooted social and psychological cancer of the society has
been treated throught economic measures and the results have been obviously
unflattering.
That is the most important issue at hand. The reservation policy has
created forces which tend to strengthen fissiparous tendencies. The solution
has to come from the society and not from the policy and hence there should
be first a national debate within a time frame. For a period of next ten years
there should be freeze on any action with regard to implementation of
reservation policy so that economic forces take deep root within the Indian
society and vote bank politics based on caste does not get further impetus The
stood has till now withstood the the strfe generated by the implementation of
the Mandal Commission report despite the fact that the prophets of Doom had
predicted the disintegration of society. The freeze for next ten years on the
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issue of reservation will enable the society to integrate the conflicting forces.
It will also serve the need of not pushing further the social disequlibrium.
The next suggestion keeping in view the practical reality and the basic
layer of the society. The faithful implementation of the creamy layer doctrine
would enable those sections of society which truly deserve the benefits of
reservation policy. This would have far reaching consequences for scheduled
castes and scheduled tribes and backward classes majority of whom are
the affluent section amongst them. These benefits should rightfully accrue to
called for. We shall make a reference to them later in this very chapter. Till
then the non-government organisation and public interest litigation are the
right social fora (including legal measures) to ensure that the creamy layer
directive given by the Supreme Court is carried out according to the letter
and spirit.
The major drawback with regard to reservation policy has been the
Commission gave more stress to social indicators and thus caste remained the
(though lop-sided) and educational progress has taken place in India but still
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economic criterion is to be fixed and equal stress is needed to both the social
as well as the economic aspect. It is the duty of the State to lay down the
socio-economic criteria keeping in view the socio-economic perspective of
backwardness. Once equal stress is given to social and economic indicators
and caste takes a back stage in identification then a lot of tension generated
would be resolved since many from the upper caste who at present are not
eligible would become beneficiaries of the reservation policy.
Till now it has been found that the host of indicators are used for
determining the beneficiaries of reservation. Too many indicators lead to
obfuscation of the basic objectives of reservation and vested interests are
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liable to hijack the agenda for their own ulterior motives and gain. Hence it is
Secondly those indicators be given more weightage which are relatively more
vacancies be filled against the income criterion from amongst those selected
for appointment. For doing this a study needs to be made about the prevailing
block level in rural areas and circles in urban areas can be taken as viable
level at which income certificates can be issued for reservation purposes. The
block level officer or a functionary equal to him can be vested with adequate
Like the police verification which is undertaken before the final offer
for reservation to ensure that the benefit is not being hijacked by the affluent
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against the defaulter rendering him ineligible for all future employment
that the difference between the relaxed criteria of recruitment and that of
employment who have in them the potential to bridge the gap of professional
merit. Unrealistically low level of induction for reserved category foils the
needs of social justice since the striking difference between the groups
argument here is that at the level of education adequate cushions like free
education and adequate financial support to the wards of the poor coupled
be the base of the pyramid from which would emerge the candidates for
employment under reserved categories and these candidates will not be much
implemented this scheme would do away with the roaster system and the
carry forward roll which would gradually phase out itself since there would
sustaining these groups at higher levels of income. Once this is achieved the
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external props of reservation may be done away with for these families and
agencies. The government agencies have failed in their mission. They have
consideration.
research work Realistic policies and programmes can not be evolved widiout
democratic republic,' People of different faiths live here. They are supposed
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religious communities live below the poverty line. For an orthodox Hindu a
religious group. Thus the poor amongst these religious groups suffer at the
hands of orthodox Hindus from the same handicaps based on caste and
government feels so much concerned about the latter sections only. Does it fit
into the secular image as reflected in the Constitution ? This can be set right
sole criteria would serve this purpose. It will cover the entire population and
and concern as is being shown to the down trodden of the Hindu community.
academicians of the society and social service groups have to be flag bearer
human beings are treated as equal in all respects within the meaning of the
term and their rights are properly recognised and upheld. The society and its
people that the advantages being given and enjoyed by some were also their
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due but have been denied to them. Castes reflect the work attitudes inculcated
in Hindu society down the ages. Certain type of jobs became associated with
certain castes. So long as these jobs exist and the prevailing attitude of
considering them menial persists, the divide between the Sudras and Non-
Sudras will also persist. The same is with regard to backward and non
backward classes.. What is needed is a change in the attitude towards these
sections of the society. The change in the nature of job and change in the
technology and facade of organising them in a sophisticated and glittering
manner will bring about a positive change in due course of time. A visit to a
beauty parlour does not create the feeling that one is getting service which
was provided by the females of the barber community. The service at the
beauty parlours is a matter of adoration and so are the persons who offer the
service. Is'nt it a change in the attitude because of a change in the nature of
job and change in the way it is being performed.
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castes and scheduled tribes as existed between the forward castes and the
1994 i.e. 47 years after the indenpendence a pertinent question should have
woment in general? Why have we failed in this direction ? What have they
educational and social would have withered away. The solution lay in
them within reach for the total population of the country. After 47 years of
educational and social backwardness of the people through reservation and its
lay somewhere else. The means to achieve the objectives are quite different,
but those which are being adopted are quire different. This is what gives rise
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backwardness. The political angle again becomes clear when one finds that
being delayed and opposed in various ways. There can be no doubt that the
that there is a positive case for the reservation of women in Parliament and
State Legislatures as they certainly form that part of population which can be
society they may belong. It is unfortunate in our country that we have not
been able to find or we have deliberately avoided the correct solution to the
i) We must make the entire population employable so that the whole group
ii) We offer employment to very few who are employable through reservation
We did not follow the first course. Nor did we follow the course of
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therefore, is that we have been extending the benefit of reservation time and-,
again because the backwardness has not been removed. It has not been
removed because we never were serious about it. This creates doubts on the
these one has different levels of development. One can classify it easily into
three categories: the most backward, the more backward and backward.
What would happen is that the most backward and more backward sections of
remain where they are, and the total number of seats reserved would be
occupied by a few amongst the upper strata of these castes, be they scheduled
further and each caste within scheduled castes or backward castes would
able to do it ? We have to stop and think right now when we are trying to
as a whole. What, is meant for the whole group should spread through the
conduct a survey on the part of the government to find out which particular
castes have been benefiting amongst the scheduled and backwards in getting
have not percolated to all castes of the whole group, scheduled or backward.
We should take steps to set our house in order and see that the benefits
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spread out to the whole group. This could be possible by restricting the
benefit only to two generations in a family. Then only the whole cluster of
castes will benefit from it. We should not wait for the internecine quarrels
within a cluster of castes to raise its ugly head. For instance fears are being
expressed than the benefit of 27 percent reservation would be cornered by
dominant castes like Yadavas and Kunnis keeping other backward castes at
bay. A demand is bound to come up that the 27 percent quota should be
broken up for each caste of the group according to population. We should
take steps now and today to avoid such eventuality.
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not look for votes from Sab-jan i.e. all the people. The Samajwadi party and
Janta Dal depend on OBC vote bank. They try to bring in the Muslim-votes
on their side and secure power. Reservation on caste basis consolidates the
vote banks, who would then think of ‘class’ as laid down in the Constitution?
That the approach to reservation is political is also clear from the fact that the
percent in Parliament and legislatures are now not allowing even discussion
unbecoming language.
a clear example how reservation has allowed vested interests to develop and
perpetuate itself. The underlying idea behind reservation is that the moment a
member of such a group is able to shake off the stigma of extreme poverty
allowed to benefit from it. What is happening is that those who have moved
up vertically tend to cut themselves off from the parent group and even
prevent others from crossing over to their side so as to limit the competition
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We, therefore, feel that the reservation should be restricted to the first
would be possible when ‘family’ is taken as a unit and not die caste as
suggested earlier. The benefits would then spread out to the whole group,
politicisation will come under check; for members of diverse castes would
come up and dictates of any dominant caste would not work. The sooner we
impose this restriction, the better it would be for the society and for the
country as a whole.
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