Reservation and Cash Grants

Method of Effecting Reservation

• The method of effecting reservation i.e. to have data on the socio-economic status of a person or class of persons to whom a benefit is sought to be given, either in cash grants or reservations.
• The purpose and intent of reservation or cash grant is to benefit persons or classes of persons who are deprived of their basic human rights. To determine the spectrum of deprivation, a large-scale ground study is conducted to collect empirical data.
• Thereafter, the empirical data is shared in the public domain, inviting suggestions and objections on the data itself.
• Simultaneously, the state must make public the measures it intends to take to alleviate deprivation and explain how and to what extent such measures will remove deprivation.
• The next aspect of economic elevation is a 'give & take' principle benefiting society while elevation occurs. For example:
  • Under the MGNREGA scheme, financial aid is provided in return for physical labor benefiting society.
  • Debt abolition helps farmers trapped in a vicious cycle of debt.
  • Electricity charge waivers account for already consumed services.
  This is the stance taken by the State in the PIL filed by Anil Wadpalliwar in the Hon'ble Nagpur High Court. 

Emerging Questions for Consideration

1. Does the granting of 'cash grants' amount to a direct/indirect method of reservation?
2. Is it necessary for the state to declare how many eligible persons or persons under the cash grant would benefit?
3. If, out of Maharashtra's 12.7 crore population, 2.5 crore women benefit from the 'cash grant,' and 7 crore people benefit from AAYR free grain benefits (totaling 9.5 crore beneficiaries), what does this indicate about the economic condition of the state and India's vision as 'Vishvaguru'?
4. Is it just for the remaining 3 crore people in Maharashtra to bear the burden?
5. How can we instill in people their constitutional duty to strive for self-betterment and others' welfare, fulfilling the objective under Article 51A(j) or (k)?
6. What is the societal return on such cash grants?
7. Like other reservations, is there a deadline for such cash grants?
8. Is the cash grant an endless loop?
9. Will these cash grants encourage people to be independent or dependent?
10. Could these cash grants turn into a fundamental right under Article 21 or a property right, leading to legal battles upon withdrawal, similar to the case of Ranoji Shinde (1968 INSC 72)?
11. What is the 'public interest' in cash grants, and does it enhance the constitutional mandate of empowerment for survival with dignity?

 
Leave it to the Intelligent and Esteemed Readers as to how to bringing about welfare State enshrined in our Constitution, and for devising methods for upliftment of those deprived.
We as Society and as Policy, need to take Steps so that each citizen in our country should not feel the need for 'cash grants'.
Aspiring Prosperity for my "Bharat".
 
Written By: Sandeep Kapatkar, Advocate, Pune