Reservation ( A case study )

Why is there so much debate on the reservation?

1. Facilities are at stake: What do we get from reservations? The answer is jobs, education, and political reservation at central/state/panchayat levels. Since we as a country lack facilities like there is a large amount of poverty, unemployment, malnutrition, etc in our country, The debate on the reservation is bound to happen when facilities are at stake. Whenever the resources/facilities are at stake, then the people taking the benefits from it and the ones who are not getting the benefits of it defensively stand opposite each other.

2. Radically opposite views:

The people who get a reservation - There is a continuous discussion within these people in their friend-circle/family/society that the upper-caste people are trying to dominate us and take away a thing that we have received after fighting tooth and nail for it.

The people who don't get a reservation - There is a continuous discussion between these people in their friend-circle/family/society that reservation is given to incapable people and until this is stopped our children will be deprived of various benefits and our country will not develop to its fullest.

The above two factors are the reasons why there is never a healthy discourse on the reservation.

What are the causes of misunderstanding on the issue of reservation?

1. Confirmation bias ( जीतना हमे पता है उसे ही सच समझना ): Confirmation bias is the tendency of people’s minds to seek out information that supports the views they already hold. It also leads people to interpret evidence in ways that support their pre-existing beliefs, expectations, or hypotheses. People easily accept new information that is consistent with their beliefs but the same people are skeptical of information that contradicts their beliefs. For example: If a group of people believes that reservation is wrong/unjust then confirmation bias says that it can be widely believed that the society related to these people also feels the same way.

2. Selective avoidance ( जो कुच भी हुमारी सोच से अलग है उससे अनदेखा करना ): Selective Avoidance is the motivating ignorance or avoidance of information or messages conflicting with an individual’s beliefs. It is more strongly ( in a negative manner) related to the openness of experience. For example, We don't listen to or avoid people/movies/discussions/speeches that do not support our views/ideas.

3. Biased assimilation ( आगर किसी के विचार आपसे अलग है, इसका मतलब है कि वह झूठा है ): It is the People's tendency to evaluate counter-attitudinal information as biased or unreliable. We interpret information in a way that supports a desired conclusion. Supporting facts may seem overwhelmingly strong and negating facts may seem automatically weak. For example: Even when person talks with hard facts and data we still call him/her a Lier, Because it negates our perspective.

How do develop an appropriate understanding of the issue of reservation?

Understanding the dimensions of reservation:

Let us try and find answers to these questions below

Conceptual part:

What is a reservation? why is it given? Is it against the concept of equality?

India has had a long past of oppression and suppression. Certain communities have always been discriminated against, whether it be in the puranic times, the era of monarchy, or British rule. These communities were exploited for a long time and their sufferings have been silenced by the influential non-discriminated people of the society. They were so underprivileged that they lost all financial authority and were forced to live a life of poverty for generations after generations. The makers of the Indian Constitution dreamt of a society where everyone is treated as equal and no one is exploited based on their color, caste, sex, or race. This dream still remains a dream for many. Thus, the makers of the Constitution applied their judicial mind for an affirmative action that would potentially accomplish the desired objective. The idea of protective discrimination is a way to ensure social justice in society. The scheduled castes, scheduled tribes, other backward classes, and women are the most exploited and discriminated groups in Indian society, and the Constitution hence aims at making their lives better by providing them with some special privileges. These actions are justifiably enshrined in the Constitution of India as “Positive Discrimination”. Positive Discrimination as an idea has been practiced by many civilized nations including developed nations like the USA because of their dark history of racial discrimination. Now, Understanding the very nature of Indian society, there should be different laws, applied differently in different places and circumstances. Application of the same laws parallel to everyone irrespective of socio-economic differences may result in violation of the spirit of the right to equality. Henceforth, protective discrimination, as a constitutional tenet for protection and preservation of the rights of scheduled castes, scheduled tribes, and other backward classes of citizens as well as women, is highly recommended in our society, and therefore it does not violate the concept of equality.

Let's take an example;

From the above example, we can understand the concept of positive and negative equality. When we say that reservation negates the concept of equality we by default think of negative equality. Wherein we want that everybody should have the same opportunity i.e. the distance between the basket and the player should be the same irrespective of their heights. On the contrary, we have positive equality which says when this two-player are not equal they should be given a fair chance, and henceforth the distance between the player and the basket is made the same. This is actually a mirror image of our reservation system.

Let us take another example of two students; student A & student B; Both are appearing for an all-India exam.

A Quote by Hegel: " If we have the same feeling of empathy for society as we have for our families, all the problems will be solved".

Why Is reservation based on caste? Whom does it benefit?

1. Social discrimination: A variety of things make us what we are, such as how we live, the languages we speak, what we eat, and wear, the games we play, and the things we celebrate are all influenced both by geography and the history of the place where we live. India is a diverse country, However, this diversity is not always celebrated, the reason being, that people are more comfortable with those that look, dress, and think like them. They may consider people who are different as strange or unfamiliar. They may have a preconceived idea about these people. When our opinions about a sect of people are always negative then these become prejudiced against them. Prejudice means to judge other people negatively or see them as inferior. We can be prejudiced about many things: people’s religious beliefs, the color of their skin, the region they come from, the accent they speak in, the clothes they wear, and more. Owing to prejudices about others, we don’t want to form friendships with them and may even act in ways that hurt them. This is actually what social discrimination as a concept means. People engage in different kinds of work like teaching, carpentry, pottery, weaving, fishing, farming, and more to earn a livelihood. Still, certain kinds of work are valued more than others. This belief is an important aspect of the caste system. In the caste system, communities/ groups of people were placed on a sort of ladder where each caste was either above or below the other. Those who placed themselves at the top of this ladder called themselves upper caste and saw themselves as superior. The groups who were placed at the bottom of the ladder were seen as unworthy and called “untouchables”. Caste rules were set, which did not allow the so-called “untouchables” to take on work, other than what they were meant to do. Upper castes acted in ways, which did not give the “untouchables” the same rights as they enjoyed. So, You are not discriminated against because you are poor, You are discriminated against because they think you are impure and untouchable. Discrimination is not only limited to preventing Dalits from undertaking certain economic activities but also denies them the respect and dignity given to others. Therefore, The Constitution placed responsibility on the government to take specific steps to realize the right to equality for the poor and other such marginal communities. It believed that respect for diversity was a significant element in ensuring equality and that the government must treat all religions equally and that no one language, religion, or festival should become compulsory for all to follow. Therefore, India became a secular country, where people of different religions and faiths have the freedom to practice and follow their religion without any fear of discrimination. This is the precise reason why reservation is based on caste lines.

2. The concept of the Glass ceiling ( हम अपनी आंखों से दीवार को नहीं देख सकते हैं, लेकिन यह वहां है ): A glass ceiling is a political term used to describe "the unseen, yet unbreakable barrier that keeps minorities and women from rising to the upper rungs of the corporate ladder, regardless of their qualifications or achievements." It is a metaphor used to represent an invisible barrier that keeps a given demographic (typically applied to minorities) from rising beyond a certain level in a hierarchy. The glass ceiling pertains to upper-level workforce opportunities proven to be impenetrable to the vast majority of marginalized workers. Glass ceilings are often the result of unconscious bias – instinctive, underlying beliefs about ethnicity, gender, age, sexuality, social class, religion, and so on. For example, Male and female salaries are different in the same job profile. More responsibility like childbirth and child-rearing gives results in less experience in the workforce. It is very tough for women to come back to employment after pregnancy which creates a loop in their careers. women comprise the bulk of the part-time workforce thereby gaining lower hourly rates and less accumulated superannuation. This is the perception of Management. Therefore, It is a tradition that women's roles in community services are underpaid.

Examples of social discrimination:

1. In the state of Kerala, till 1924 there was a tax called breast tax. The women in these areas were to walk topless in public places or else they had to pay the breast tax. The example of 'Nangeli' Dalit women, from the Ezhava community, is quite famous. Anyone of Ezhava or Nadar caste was expected to appear bare-torso in the presence of Brahmins, royalty, or generally anyone of higher caste. Among women, chest-covering was permitted only to those from high castes. Breast tax began to be collected from all Ezhava women beginning from puberty onward. Nangeli felt keenly the injustice her community was subjected to. Born of intense anger she decided not to pay the tax anymore. But she knew that she could not win against state brutality by any of the usual tactics. So, When the parvarthiyar ( tax collector ) and his men came to collect tax,. She picked up a tool, and in one smooth motion, slashed off both of her own breasts. Today nangeli is treated like a goddess in Kerala. This practice of breast tax was abolished in 1924.

2. Dr. B.R. AMBEDKAR: He was the 14th child in his family. There was not even one literate person in his entire family. Ambedkar's father was in the British army, Because of his father, he got admission to the school. In his biography Ambedkar has written, As a Dalit child he was not allowed to sit in the classroom, he was told to bring his own mat to sit, He was not allowed to drink water from the earthen pot, There was a peon who used to pour him water from above so that the water does not become impure. Ambedkar wrote " If someday the peon was absent, It meant "No peon, No water." When Ambedkar passed his 4th std there was celebration in the society as he was the first to study this much in the entire society.

There are thousands of such discriminatory cases around the world and the worst part is these examples are not even 100 years old.

To solve the above problem of discrimination we need social justice i.e affirmative action.

There are two types of affirmative action:

1. Preference-based. 2. Reservation.

Here in our country India, We follow the concept of reservation-based affirmative action.

Data:

1. Population ratio:

SC - 19%
ST - 10%
OBC - No proper data ( Census of 1931 is the last data on the population of OBCs in the country, Which states the population of OBCs to be around 41%.
EWS (Economically weaker section) - 20%.

So, when we add this, 19+10+41+20 = 90%, This simply means that 90% of India's population comes under the ambit of reservation. Still, we have not counted the reservation for women which is also applicable to women in the general category (5%). Some of the reports even state that the ambit of reservation covers 95% of the Indian population.

2. How much reservation is given to different categories in India?

SC - 15%
ST - 7.5%
OBC - 27%
EWS - 10%
Total = 60%
( Rest 40% of the seats are for the general category).

The above data states that if there are 100 seats in a particular government exam.

90%-95% of our country's population is contesting for those 60% reserved seats. Rest 5%-10% population which is the general category is contesting for 40% of the seats. This example simply states that each person in the general category has 4 to 8 percent more chances of clearing the exam as compared to the reserved categories.

Is reservation really taking away anyone's future/Dreams/Privilege?

Another question that arises is whether the reservation is only given in India.

The answer is No.

Reservation is given in almost every country. Some examples;

Canada has reservations.

UK, Finland, and Sweden have affirmative action plans.

China has reservations.

japan has reservations ( also has 5% for Korean people).

Newzealand has Reservations ( for mauri and Malaysian people).

Pakistan has reservations.

Constitutional Provisions Governing Reservation in India:

• Part XVI deals with the reservation of SC and ST in Central and State legislatures.

• Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.

• The Constitution was amended by the Constitution (77th Amendment) Act, 1995, and a new clause (4A) was inserted in Article 16 to enable the government to provide reservations in promotion.

• Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservations.

• Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to fill the unfilled vacancies of a year that are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on a total number of vacancies of that year.

• Article 330 and 332 provide for specific representation through the reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.

• Article 243D provides reservation of seats for SCs and STs in every Panchayat.

• Article 233T provides reservation of seats for SCs and STs in every Municipality.

• Article 335 of the constitution says that the claims of SCs and STs shall be taken into consideration consistently with the maintenance of efficacy of the administration.

What are the basic arguments about reservation?

Is reservation against Merit?

Ans: When you say that reservation is against merit, you need to ask yourself a simple question, How did you become a merit student? The reasons why one becomes a merit student (excluding the exceptions) are as follows:

1. Genes ( आनुवंशिक बुद्धि )

2. Environment ( educated family, Good community)

3. Good education ( good schooling, better colleges, better tuitions)

4. Extra facilities ( No economic pressure, No part-time job needed, 24*7 food, water, electricity, etc ).

The Concept of Vicious cycle:

We knowingly or unknowingly forget this cycle in our society, This circle is a blessing for some people, and for some people, it is the ultimate killer of their dreams.

My opinion:

As I have already mentioned above the reservation structure in our country, I would just like to answer a few more questions that are commonly raised by people. People say why are there reservations in jobs When there is already so much unemployment in our country? We need to understand that reservation is only given in government jobs, In our country, there are only 2% of government jobs, And the rest 98% is in the private sector where there is no reservation. I believe there shouldn't be any problem among the citizens concerning this bare minimum of 2%. When it comes to reservations in the education sector, only 20% of the colleges in India have reservations, rest 80% don't have reservations. If we make a survey of people who are manual scavengers, they are definitely SCs and If we make a survey of people who are pandits in the temple they are definitely not SCs. People say that it's been 75 yrs since our independence, why do we still need reservations? Simple answer: If I have a wound in my hand, it can be a recent one or 75 yrs older one, It will be cured by medicines and I will have to take medicines to cure it, I will not certainly cut my hand to get rid of the pain. Similarly, reservation is the medicine for our so-called caste system, cutting/removing reservations will never be the solution. Some people have a myth that reservation was given for 10 yrs only, why is it still going on? Ans: The reservation which was given for 10yrs was political, It is still prevalent because our politicians gain from it (simple mathematics, votes matter), as we all know everything comes after political gains. People say, why are reservations not based on economic grounds? Ans: Even if a Dalit becomes successful and rich still an upper-caste father won't let his daughter marry a Dalit boy, If at all the father agrees the community won't let that happen. The SC/ST category is still growing and has not yet gained a fair place in Indian society, Reservations are in fact meant to destroy inequalities that already exist in society not to bring new inequalities into being. Is there any limit to the reservation? Ans: Yes, there is a concept of the creamy layer which limits reservations. Is there a reservation in promotions also? Ans: Yes, the Reason is that representation of SCs/STs, though, has gone up at various levels, representation at senior levels is highly skewed against SCs/STs due to prejudices. Over the years Institutions have failed to promote equality and internal democracy within them. There were only 4 SC/ST officers at the secretary rank in the government in 2019. Finally, When will the reservation end? Ans: It is not about the time frame of reservation which should matter to us, What should matter is, why is caste-based discrimination still prevalent in our country and whether are we doing enough to curb its consequences.

"While enjoying at the beach it is very convenient to praise or criticize the sea, let us first gauge the depth of the sea and then have a healthy conversation on it".