lawyers in India

Reservation in India

Written by: Ritu Bhadana - Law graduate from institute of law, kurukshetra university
Trademarks Law
Legal Service
  • Reservation acted as a boon for our country’s development and individual rights. A member of a scheduled caste who was not earlier even allowed to attend a panchayat can now become a Sarpanch

    Although, it was for the purpose of carrying a democratic revolution in the arenas of education and employment, but it has not achieved its targeted change. One of the reasons include the idea that the recipients of reservation are drawn from the "creamy layer" e.g. children of highly educated and well-employed parents belonging to the backward and scheduled castes. Another important concept responsible for acting as a wall stopping the effective reach of the reservation policy is the "Merit syndrome", which supports that reservation policy destroys merit deprived classes. But the creamy layer controversy has been set at rest by the Supreme Court in M. Nagraj case “reservation has to be used in a limited sense otherwise it will perpetuate casteism in the country … if the creamy layer among backward classes were given some benefits as backward classes, it will amount to equals being treated as unequals”.

    Whenever this topic of whether reservation be retained or abolished? is touched or a class agitates, the whole country starts burning with frantic wailing, those who belong to general class wants reservation to be on the basis of economic depravity but here also a question arises whether the talented people of economically deprived classes is neglected because of social reservation on the basis of caste or because of the increasing number of payment seats where even non-deserving students are given admissions if they pay a huge amount of donations. Today the educational institutions are just earning a huge amount of profits on the name of NRI seats.

    “If the reservation on the basis of caste or gender is to be eliminated totally then also declare admissions on the basis of huge amount of donations illegal which is also giving rise to inequality.”

    But the problem not ends here, there are many loopholes in the present reservation system, the trend has shifted to reverse discrimination. Some backward class elites have gained political and economic power based on this reservation. However, a majority of the backward classes is not living any differently than before. Their subsistence in rural lifestyles does not provide them with any of the benefits. Thus, a distinct economic class system exists within the backward classes. Since economic status is not a test used, undeserving people gain the advantages and the deserving ones are still without a significant change in their situations. Creamy layer must also act as criteria among the schedule castes and tribes also.

    Now the question arises whether the demands by castes like gujjars demanding scheduled tribe status justified?

    A statement by colonel baisla states that either eliminate the whole reservation system or give gujjars a scheduled tribe status. This agitation is a fight against the whole defective piece of reservation policy in the present scenario.

    Some supports these agitations on the basis of that even jaats were given a backward class status in Rajasthan inspite of their better political and economical conditions. The government of our country is still taking effective measures for no riots on the basis of religion but this reservation controversy has led to difference between castes of the same religion- can we still call INDIA with “UNITY IN DIVERSITY.”

    Well causing any kind of public nuisance and destroying the public property by harming public peace and morality through unlawful assemblies is not at all legal. But as the constitution guarantees freedom of speech and expression and democracy and public opinion forms an important part to keep a check on government policies, so such demands can be termed to be justified. It is the fault of political leaders who initially in order to fill their vote banks just make fake promises , and afterwards don’t even have the courage to face the agitation and term it as “exercise in obfuscation.”

    After independence the very essence of including reservation in our constitution by Dr. B.R.Ambedkar was to curb the social evils and bring equality in the society by providing special rights to the down-trodden classes like SC’s , ST’s ,BC’s and women for e.g. abolition of untouchability and article 15.

    But today with the changing scenario, reservation has become a part of politics and not a matter of right to secure social solidarity. Political leaders just in the greed of votes and stability are using this sensitive issue as a weapon.

    If each and every caste will demand reservation then there will be nothing like a general class and everyone will be in a reserved class which in turn will abolish reservation or just join hands together to curb red tapism and corruption existing in the present system and work hard to show your abilities in such a manner that inspite of reservation one may stand in a distinct position because even the reservation is not reaching to the one who really need reservation.

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