Dhruv Reservation.docaa

Introduction Contrary to expectations of forward looking Indians at the time of Independence, the caste system is still with us. The social anthropologists were in a minority even when at that time they pointed out to the continuing strength and resilience of the caste but they turned out to be right. In 1959, it was considered backward and reactionary to pay too much attention to caste. Many radicals have learnt through hard political experience about the continuing strength of castes. Some of them argue as if caste and caste alone mattered in India today. Caste certainly matters but it is not the only thing that does and it does not matter in the same way that it did in the past. The constitution envisages equality before law under article 14 and article 15, prohibits discrimination on the grounds of religion, race, caste, sex or place of birth. However, article 15 (3) empowers the state to make special provision for women and children. Article 16 (4) lays down that the state would not be prevented from making any provision for reservation in matters of promotion to any class or classes of posts in the services of the state in favor of the SC's and ST's. The constitution initially provided for reservation for the SC's and ST's for a period of ten years which has been extended from time to time. However, the lacuna in the constitution to provide for reservation for the O.B.C's was felt as early as 1951 when the Supreme Court struck down as ultra vires, a communal government order issued by the then Madras Govt. providing for reservation for such classes of people in public services and educational institutions. There were considerable protests in the southern states and the constitution was amended for the first time. Article 15 (4) was added according to which, 'nothing in this article or in any clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the SC's and the ST's. Till the late 1980's, only the SC's and the ST's enjoyed constitutional protection of reservation. When the implementation of the Mandal Commission report recommending 27% reservation to the O.B.C's in jobs and educational institutions was challenged in the supreme court, it held that reservation for all classes should not exceed 15% and that the creamy layer among them should be excluded. The quote also struck down as invalid and executive order issued by the Narsimha Rao Government in 1991 providing for 10% reservation for the other economically backward classes in jobs and educational institutions. To overcome the Mandal judgment, the constitution was amended to add clause 4A to article 16 to provide service reservation. Even in reservation, to ensure the seniority of such promotees was protected as well to relax qualifying norms for the S.C's and the S.T's in promotion and to allow the Government carry forward any vacancy to the next year. It must also be noted that, though article 46 of the constitution under directive

principles of state policies envisages that the stage shall protect the economically weaker sections from social injustice and all forms of exploitation, no concrete step has been taken so far to implement it. Though the former CM of Tamil Nadu, M.G Ramachandran tried to introduce legislation in the early 1980's for the benefit of the O.E.B.C, the move was given up following widespread protests. Considering that the APEX court has put a ceiling of 50% reservation for all categories, any alteration in the arrangement can be done only through another constitutional amendment. As Tamil Nadu has provided for 69% reservation (the only state in the country to have more than 50% quota) and parliament has placed this legislation in the 9th schedule of the constitution (outside the purview of the courts). Some suggest that reservations for the O.E.B.C's can be provided over and above the fifty percent limit and this law can also be put under the ninth schedule not withstanding the fact that the act pertaining to Tamil Nadu is before a constitution bench of the APEX court. Whenever the courts have struck down legislative or executive actions in the matters of reservation, the parliament has nullified them by amending the constitution. There is no reason why another amendment for the benefit of the O.E.B.C's cannot be made.

The Parliament passed the 93rd constitutional amendment as per which a new clause (5) was inserted in article 15 (fundamental right to equality) for the advancement of socially and educationally backward classes of citizens and SC ST. President Kalam gives his assent to the 93rd constitutional amendment. The act was brought into force the same day by the union ministry for the HRD through a Gazette notification. A draft cabinet note proposing reservation in central educational institutes was circulated to various ministries. The HRD ministry's contention for making such a proposal was that the 93rd constitutional amendment to restore reservation in private educational institutions could be legally untenable if it was not implemented in central educational institutions. A final cabinet was drawn up after consultation with the ministry's concern and is forwarded to the cabinet secretariat for consideration. Union HRD minister Arjun Singh in an informal interaction with the media replied to a specific question on reservation in the IIT's and IIM's that a decision on the issue would be taken and announced only after election to the 5 state assemblies also he said the government was bound

by the 93rd constitution amendment to provide such reservation. Thus began the controversy with the medical students and resident doctors of various central government hospitals taking the lead. Pm Manmohan Singh set up a group of ministers to examine how best reservation should be extended to OBCs in central educational institution without affecting the general category Group of Ministers under Defense Minister Pranab Mukherjee submits a report suggesting incremental increase in reserve category backed by commensurate increase in the seats in the general category. Pm Singh broke his silence on the issue and urged striking medical students and doctors to give up their agitation.

The ALL India Christian Council and other organizations have written to the chairman of the National Commission o Regional and Linguistic Minorities to press for extension of reservation to Dalith Christian. The centre is not unaware of these anomalies realizing the unfairness of such discriminatory policies. The Supreme Court decided to rule out reservation completely in both minority as well as non-minority private educational institution in august 2005. In gave them absolute rights to admit students of their choice in all professional courses with out the interference of the govt. The 7 judge bench which passes this judgment even stated categorically that any imposition of quotas by the state constituted a serious encroachment on their fundamental right. It is that landmark judgment that the centre is now trying to toss aside through legislation. Of course its purpose can hardly be camouflaged pressurized to its political allies and succumbing to its own compulsions of wielding power by controlling education it has based its real intention of vote gathering. If the center is truly concerned about those who have been socially, educationally and economically deprived for generations, its concern should translate itself into better schools and better learning facilities for them at the elementary stage. The existing ones that are accessible to them are so pathetic that more than three fourth of the school going children drop out even before they reach high school. Where is the need then to legislate for their reservations in institutions of higher learning which they may never see or use? Why not legislate for their reservations in well established private schools instead? At least that may bring more deprived classes into the social and educational mainstream from where they can take off to higher learning more easily. By reversing the supreme court ruling and trashing merit, the bill in question may pave the way for needless litigation when merit students are pushed aside to accommodate the reserve categories was it will not help those very persons whose cause it pretends to espouse.

Reservation in India Reservation, in India, is a type of affirmative action that tries to allocate fixed number seats in educational and social institutions, for various under-represented communities. It is stated as a response to the thousands of years of discrimination done by upper caste persons in India. Thus, when India attained independence, the constitution gave special provision for certain communities to have a minimum representation in various fields. The initial provision was to have ended in a few years, but the practice continues till now, and the government of India kept on increasing the quotas that, many Institutions have

more than 80% of the seats reserved for people of various communities and other criteria, leaving very little for open competition. The issue is currently active, as the government of India, proposes to increase the reservation in elitist institutions like IIT, IIM and AIIMS. These institutions have been the backbone of Indian education system and thus, the opponents of the present move feel that this would dilute India's edge in high-end technology and management, besides doing injustice to thousands of deserving meritorious students. Meanwhile, the proponents argue that so many backward sections need representation for their development and cite various socialist-era works. During 1990-91, when India increased the reservation limits from 22% to over 50% and including a lot of not so backward communities on the recommendations of the notorious Mandal Commission there were widespread riots resulting in the immolations and suicides of dozens of people. This time, more opponents work on innovative modern age tools, like blogging, online petitioning and orkuting. Many people now argue that due to the urbanisation in India the caste system has lost its importance and that reservation based on castes today is not necessary. Some also point out the reservation was only intended by the framers of the Indian constitution to last for about two decades, with in which they had predicted that caste systems would perish. Other oppose this view sayin that it is still practised in the rural parts of the country. However there have been suggestions to the government to allocate reservation for the minority communities if they are from the lower socio economic part of the society.

CHAPTER ONE The Anti-reservation protests 2006, that took place in parts of India, were in opposition to the decision of the Union Government of India, the multiparty coalition 'United Progressive Alliance', to implement reservations for Other Backward Classes in central and private institutes of higher education. In the year 2005, based on the recommendations of the Mandal Commission, the government proposed to reserve 27% of seats in the All India Institute of Medical Studies (AIIMS), Indian Institutes of Technology (IITs), the Indian Institutes of Management (IIMs) and other central institutions of higher education for the Other Backward Classes (OBCs) in order to help them gain higher levels of representation in these institutions. This move led to massive protests by those claiming that the government's proposal is discriminatory and driven by 'vote-bank' politics. Historical background India is divided into many endogamous groups, or castes and sub-castes, as a result of centuries of following "Varnasrama Dharma", a social system which translates to "types" or "order", limiting access to education, jobs and other rights to the so-called "uppercastes". During the British Raj, some methods for upliftment of the backward among these parts of the population were introduced. These included reservations in the legislature and in government jobs. After independence,the Indian constitution, introduced provisions for continuing and increasing reservations for the scheduled castes and tribes in government institutions in the 1950s, to give a fair reperesentation to the weaker sections of society. Though originally only supposed to last for ten years[citation needed], the Indian quota system has continued to this day, with 22.5% of the seats in higher education institutes currently set-aside for Scheduled Castes (SCs) and Scheduled Tribes (STs).

In 1989, then Prime Minister Vishwanath Pratap Singh accepted and implemented the proposals of the Mandal Commission, which recommended reservations for Other Backward Classes (OBCs). Many Indian states implemented the OBC reservations in their higher educational institutions, which led to massive protests by those belonging to "unreserved" categories and opposed to the quota system. It must be noted, however, that a select few higher educational institutions - the IITs, IIMs, AIIMS, etc. - were kept out of the purview of the OBC reservations until now. In some states (for example Uttar Pradesh, Tamil Nadu) where the quotas for SC/ST/OBC have been implemented, the quota amounts to 50% (or sometimes even more) of the available seats in any medical, engineering or other institute falling under the state government. This includes even the unaided private colleges.

CHAPTER TWO Events The students against reservation formed a group 'Youth for Equality' and demanded that the government roll back on its decision through peaceful protests. The events were widely covered by media In an incident on May 13, medical students protesting in Mumbai were lathi-charged (baton-charged) by the police. The police later justified the incident claiming that the protestors had tried to break into the Governor’s residenceThe nationwide strike launched by medical students protesting against the lathi-charge, was later joined by resident doctors from all over India, thus crippling the health infrastructure of a number of cities] The government took measures to counter the protesting doctors by serving them with suspension letters and asking them to vacate the hostels to make way for newly recruited doctors. Some states invoked the 'Essential Services Maintenance Act' (ESMA) and gave notices to the doctors to return to work, failing which legal action would be taken against them. The government also put on alert 6,000 men from Rapid Action Force to take care of any untoward incident. However, in most places the protesters remained defiant despite ESMA. Meanwhile, a body of eminent persons, the National Knowledge Commission, dominated by the anti reservation groups, requested the government to maintain 'status-quo' on the issue until alternative policies to reservation were exploredAfter the Human Resources Development Minister Arjun Singh criticized the Knowledge Commission for its stand, two members of the Commission (Pratap Bhanu Mehta and Andre Beteille) resigned on 22 May 2006.

In Delhi, a human chain rally was organized on May 20, by students of IIT Delhi with the support of PAN IIT. Nearly 150 students went on a 'relay' hunger strike in AIIMS (Delhi) which, lasted for about a month. Faculty of PGIMER, Chandigarh and other medical institutions joins students in antireservation rally IIT Kanpur students with medical college students organized a cycle rally against reservation. About 100 students of PGIMER and 50 students of Punjab University and Punjab Engineering College organised a motor rally on May 23 to the Mansa Devi temple and Nadasaheb gurudwara. On May 20, Indore saw a big human chain formation through the M.G. Road. Protest marches were organised on April 28, May 14, and May 20 in Chandigarh. A resolution, signed by 2,500 IIT Roorkee students and expressing their opposition, was sent to the President, the Prime Minister, the Chief Justice of India and the Election Commission. A peaceful protest march was organised on May 23 The following were the demands made by the 'Youth for Equality', the anti reservation student body leading the protests: * Roll back of the proposed hike in reservations * Setting up of an academic, non-political panel of experts to review the existing reservation policy and explore alternate forms of affirmative action * Vacant positions in reserved government jobs to be thrown open for other eligible candidates * No penal action be taken against the protestors * A white paper issued on the reservation policy and a concrete statement on the issue by the Prime Minister, Dr. Manmohan Singh Several students at the IIT Guwahati decided to boycott classes to protest against the government proposal In Jaipur, hundreds of striking anti-quota resident doctors went on a door-to-door campaign in Jaipur to garner support for a rally. The doctors affiliated to 'Youth for Equality' began their Jan Samarthan padyatra in the High Court and Banipark

areas.. In Chennai, more than a hundred students from IIT Madras and city medical colleges protested in front of the government guesthouse in Chepauk After the government reaffirmed its commitment to implementing reservations, the protesters called for a "Civil disobedience movement". Their protests were also supported by the traders in Delhi, who threatened to shut shops if the government doesn't roll back on its decision. The AIIMS Faculty Association went on a mass casual leave from 25 May, 2006 to support the anti-quota stir, but made it clear that basic health-care services would not be disrupted. On 27 May 2006, a massive rally was organised in Delhi. The rally was attended by participants from all over India, numbering almost 1 lakh. It was declared that the strike by students and junior doctors would continue. On May 28, 2006, the government set up an 'Oversight Committee' to "prepare a road map with a time-bound programme to implement 27 per cent reservation for OBCs without compromising merit and addressing apprehensions aired by studentspropose an effective way to implement reservations keeping the interests of all sections of society in mind". This committee, headed by former Karnataka Chief Minister M Veerappa Moily, will submit its report by August 31, 2006. On 31 May, 2006, in deference to the Supreme Court directive, resident doctors resumed hospital works from 1 June, 2006, as the health service was affected seriously due to the strike. However, protest from the part of students (both medical and other streams) has continued and a national coordination committee comprising representatives of medical colleges, IITs and several other educational institutions has been proposed to be formed to lead the agitation. The Supreme Court has also sought the government to clarify the basis on which the reservation policy was being implemented.[citation needed]

CHAPTER THREE Political reactions and opinions The 93rd Constitutional Amendment was passed unanimously in the Lok Sabha except for two abstaining members.[2] The Left parties, while supporting reservations, called for excluding the 'creamy layer' from availing of its benefits;[18] the 'creamy layer' is used in reference to members of economically stable population belonging to any caste. The Bharatiya Janata Party, in its two-day national executive meeting, backed quotas but also called for upholding merit and excellence in educational institutes. They asked for the benefits of reservations to be extended to "economically weaker sections of the forward castes", and also for exclusion of the 'creamy layer'.

Media bias Wide coverage was given to the protests against reservation, leading critics to argue that there was an internal media bias against the move to implement reservations, leading to the media "helping" the protesters by exaggerating the intensity and scale of the protests, and asking selective questions to the protestors in order to present a biased point of view. Some columnists have also questioned the real motives of the anti-reservationists. There are also allegations that the media ignored the pro-reservation protests, while also not giving adequate coverage to the plight of the patients affected - there were also reported deaths due to non-treatment - by the doctors' strike.

Population Statistics According to the 2001 census, Hindu SCs represent 16.2%, the STs account for 8.2% of the total population of India . Exact figures of OBCs are not collected in the census; the

1980 Mandal Commission, using census data from the 1930s, pegs it at 54% of the population. Various recent estimates by government agencies put it anywhere between 29% to 36% of the population. According to the 1999-2000 National Sample Survey, around 36 per cent of the country's population is defined as belonging to the Other Backward Classes (OBC). The proportion falls to 32 per cent on excluding Muslim OBCs. A survey conducted in 1998 by National Family Health Statistics (NFHS) puts the proportion of non-Muslim OBCs as 29.8 per cent. The original Mandal report classified 1257 communities as backward. Since the implementation of Mandal report recommendations in 1991 for government jobs, the number of backward communities has grown. As of 2006, 2297 communities are listed as backward, a 90% increase from 1991, while no community has been removed from the list based on progress made.

CHAPTER FOUR (This particular point of view was expressed by a student in a leading daily and went on to become a very popular form of poking fun at the governments hurried actions at implementing the reservation quota .

“I think we should have job reservations in all the fields. I completely support the PM and all the politicians for promoting this. Let's start the reservation with our cricket team. We should have 10 percent reservation for muslims. 30 percent for OBC, SC/ST like that. Cricket rules should be modified accordingly. The boundary circle should be reduced for an SC/ST player. The four hit by an OBC player should be considered as a six and a six hit by a OBC player should be counted as 8 runs . An OBC player scoring 60 runs should be declared as a century . We should influence ICC and make rules so that the pace bowlers like Shoaib Akhtar should not bowl fast balls to our OBC player. Bowlers should bowl maximum speed of 80 kilometer per hour to an OBC player . Any delivery above this speed should be made illegal. Also we should have reservation in Olympics. In the 100 meters race, an OBC player should be given a gold medal if he runs 80 meters.”)

Purpose The purpose of reservations in India is the same as that of affirmative action anywhere else. Reservations are intended to increase the social diversity in campuses and work places by lowering the entry criteria for certain identifiable groups who are grossly underrepresented in proportion to their numbers in general population. The underlying theory is that the under-represenation of the identifiable groups is a legacy of the caste system as was practiced in India for a few thousand years. When India became an independent nation in 1947, the Constitution of India listed some erstwhile groups as Scheduled Castes and Scheduled Tribes. The Constitution laid down that 15% and 7.5% of vacancies to government aided educational institutes and for jobs

in the government/ public sector, as reserved quota for the Scheduled Castes and Scheduled Tribes respectively. This was initially applicable for a period of 10 years, but after discussions and suggestons has been extended periodically. Long Term Effects Had the deserved people worked for these 55 years in the country, the country would have been far more better than what it is, and that would had benefited all O/BCs equally, along with the nation. Though most of my points talks about the problem with the reservation policy, I in no way want any modifications in the reservation policies to answer these problems. My call is for No Reservation. Alternate method to help the needy, like to give them free education should be adopted. Help them prepare for the competition but don't kill the competition. While reservations cannot take the place of comprehensive societal changes, they constitute a very important and necessary step in the process of compensating for centuries of (and ongoing) discrimination. They promote integration in the upper strata of society by increasing the access of highly disadvantaged and under-represented communities to elite occupations and decision-making positions. For example, in central government services, reservations for SCs and STs have been operational for a few decades, and this has resulted in a rise in SC representation in all four categories of central services. However, upper castes continue to disproportately occupy the more prestigious Class I services, while SCs/STs/OBCs have been relegated to jobs lower in the hierarchy. Furthermore, the cumulative percentage of SC/ST employees in Central government services continues to be below their percentage in the general population. 

The issue of reservation has been presented as arising out of educational and social backwardness of the OBCs. Except in nomenclature there is no substantial evidence to showthat most or even the majority of the ”jatis‘ that constitute the OBCs are educationally backward. The heterogeneity within what is an administrative grouping (and that tooresidually defined as non-upper caste and non SCST essentially) is far too large. And the systematic regional differences in the educational and economic achievements of the OBCs would not warrant the lazy position of class=caste from which the reservation agenda has-been both presented and discussed. The assumed parallelism with SCST reservation are just not there. Neither the argument for creating a middle class, nor the need to overcome social ostracism and untouchability are relevant in this case. The issue is at best (to the extent that some of the OBC jatis are backward educationally) one of access which is overwhelming an issue of economic ability and performance of the state in the provision of educational services. Moreover the fact that as much as 20-25% of enrollment in higher education being from the OBC’s makes us asks the question: Is the initiative that has the potential to divide the country worth addressing a non-problem or at best a most ill-stated one? The Supreme Court having placed ”social and educational equality‘ above equality under law, if it has to be true to the spirit and letter of this very position would have to address the issue of educational deprivation far more comprehensively than is presented by the reservationists. It cannot accept a report merely because it has the imprimatur of the executive. It needs to understand the nature of the unholy alliance of all political parties on this issue. Much of the deprivation has to do with performance of the state and its educational machinery. State failure in regulation of both public and private education, shameful under funding of the public education system at the primary and secondary levels especially in much in much of north and central India, the wanton destruction of most of the universities leaving much of their fare all but worthless are the real problems. These now create a scarcity for quality education and that makes the issue of reservation politically appropriable in a most perverse and reprehensive manner and which could never solve either the problem of higher education or the problem of access

that much of the OBCs (as much as the Indian population as a whole) face. The Supremecourtmust see through this game. After all it can insist on compulsory primary education and fullyfunded quality primary and secondary education to begin with, RESERVATION OBC and SCST The issue with regard to OBCs cannot be either social discrimination or ostracism, nor economic discrimination. Nor can the argument of the creation of a middle class hold any water. OBCs as a group are well represented in business, higher education, and they do have an ample middle class.There is tremendous differentiation taking place within many of the ‘jatis’ that are included among OBCs. Rates of educational and economic progress among some ‘OBCs’ so large that the

criteria of backwardness would not apply in a real functional sense but only in the ex-ante sense of presumption to be so in being non-upper caste. The “class equal to caste” statement would be quite invalid in the case of OBCs generally. While in the case of particular `jati’ of a region it could be true, there is no basis to say that irrespective of region, OBCs constitute an educationally, socially or economically backward class. NSS data on consumer expenditures would amply show this. In-group variance is of the same order as across-group variance Change has been rapid and this is most notably correlated with the performance of the state in public services, economic development of the region and the prior existence of non-Brahmin movements (as happened over much of the South), effectiveness of land reforms, local agricultural development, activities of missionaries etc. While also correlated with reservation forOBCs in some states in the South these other factors are dominant and determining. Unlike in the case of Brahmins who could all irrespective of region be called educationallyforward, and SC/ST who irrespective of region can be called socially, educationally and economically backward, nothing firm can be said about the “OBCs”.

Thus an OBC jati say (Ezahavas from Kerala) could be educationally and economically moreadvanced than perhaps many upper caste `jatis’ in the North. Operationalisation of OBC reservation (or positive discrimination in other ways) across states for central government facilities suffers from an additional infirmity over operationalisation of the same within a state or a small region. No equivalences across the many jatis valid over the entire country is possible. If advanced OBC jatis who have made much progress are kept out, then there would be discrimination against a region or state precisely because it has made progress (due in significant measure due to better governance and performance of educational system and to social movements) and can and foment regional disputes.

The rural –urban differences in educational achievement, skills and competencies are stupendously large. Factors that kept these large differences alive are the near total lack of good public hostels, near complete mismanagement of these even in ‘elite’ institutions , besides the very poor quality of small town colleges and universities. For a state whose principal rhetoric is redistribution the shamefully few merit and near means scholarship especially for rural and poor people in higher education is telling. While fees are low in public institutions in secondary and primary education they are either worthless, or coping costs of students are very high In regions where all except the well endowed have been able to use higher education to be part of the middle classes. Non-graded primary and higher secondary syllabus makes teaching and learning an unnecessarily painful and expensive process. Completely free good quality primary and secondary education is well within the capacity of the Indian state that by most conservative estimates blows up over 5% of its GDP in subsidy on the middle classes (kerosene and LPG subsidies for instance)! In states with reasonable public capacity and with a history of missionary and community effort cost of schooling is in comparison to the country average low (North East, Kerala, Goa, Tamilnadu) and in other with much demand but poor public and community performance if is very high (Haryana, Chandigarh, Punjab, Uttaranchal). Outlay on education in family expenditure varies much across states. And this variation is much

larger than the variation across social groups after adjusting for income (NSS 59). Educational asset is cumulative and in part intrinsic (given innate and early childhood differences). While states cannot and should not directly do anything about the former, the latter is very much a matter for the state. State failure here has been very large and all other problems including the perverse politics has at its root this problem

CHAPTER FIVE A personal opinion regarding reservations expressed in a leading daily . (Anyone who agrees with the present reservation scheme has either got some vested interest or must be a total loon. I was going over the statistics and it seems that there are about 4200 OBC castes that stand to benefit from this, which constitutes around 52% of the population. If you take into consideration that the population of SCs and STs constitutes another 24% then you have a scenario where you have 76% of the Indian population being deemed as backward. Well that is simply absurd. How in God’s name can you deem 760 million people as backward? That’s simply ridiculous, because the logic behind having a reservation scheme is that these people have not got the same opportunities as others because they have traditionally been discriminated against in society. Due to this social discrimination these people were also not at power with others economically and therefore could not afford for themselves better education facilities etc that would help them come out of their poverty stricken condition. So via a reservation scheme at the higher education institutions the government is making space for these people who due to socio-economic considerations were not able to afford better education facilities at the school level and therefore could not compete with those who could at the University level. There are two basic flaws with this logic. Number one, 760 million people in this country are not all backward, economically or otherwise. It’s a bit daft to say that 76% of the people in India are not getting the same opportunities as the rest 24% which by the way includes Muslims who in turn constitute a major backward section of the country. Secondly, this reservation system will not do anything to improve the conditions of those marginalized OBCs who will simply remain backward. This is because if you take a look at the numbers any person with half a brain will realize that out of 520million OBCs there would be a substantial number who would actually be well off and not require any help via a reservation scheme. All 520 million can’t be totally poverty stricken as things have improved a lot in the past 50 years and poverty levels have reduced drastically since independence. So out of this 500 million even if a 100 million

are well off (which actually is a very conservative estimate) then the reservation scheme will simply be monopolized by this creamy lot. And what more the government has even admitted that will be the case and has made no efforts whatsoever in excluding this privileged lot among the OBCs. This privileged lot has the social and economic resources to monopolise the system and that’s exactly what they will do. Let’s face it the government will never be able to provide seats for all OBCs out there. The medicos definitely have a right to protest. Even if the government says that they will double the number of general category seats in these institutes there is no way that they will ever be able to achieve that. This is especially true in the case of premium medical institutes likes AIIMS and MAMC who anyways have a mere number of seats and to double the facilities would mean a humongous uphill task because of the financial equation involved. So there is no way that the government is ever going to accomplish this even if they stagger the implementation of the scheme.) New Delhi - The Veerappa Moily committee has suggested that reservations for other backward classes (OBCs) in institutions of higher and technical education be implemented in a phased manner from the next academic session. The Oversight Committee, in its interim report presented to Prime Minister Manmohan Singh on Tuesday, is understood to have given indications suggesting that the implementation be carried out in a phased manner in view of certain issues and constraints expressed by educational institutions through the five sub-groups. However, Moily’s recommendation is at variance with the statements of union Human Resources Development Minister Arjun Singh, who has been insistent that the quotas should be implemented in one go. The committee has also suggested that the cut-offs for admission should be somewhere between those for the Scheduled Castes and Scheduled Tribes category and the general category so that reservation does not compromise the quality of education.

The committee has also recommended that the implementation of the quotas in the Indian Institutes of Technology (IITs) and the Indian Institutes of Management (IIMs) should be left to their discretion. IIM Bangalore recently said that the OBC quota increase will require at least three years for implementation as well as central assistance through increased funding. These institutes would also be free to decide their own cut-offs, the committee has suggested, ’so that the level of excellence is not compromised’. The new reservation process will cover all central and elite institutions like IITs and IIMs and are to be accompanied with a 54 percent expansion in seats in order to ensure 27 percent quota for OBCs. Besides recommending a liberal financial package for the expansion plan, the committee is also understood to have suggested liberalising the retirement age of faculty, reemployment of retired faculty, flexibility to decide upon the compensation package of faculty, more shifts to hold classes and more scholars. The committee is expected to define a creamy layer and a time frame for implementation of quotas in its final report, which is to be submitted by Aug 31. The government has already made it clear that the bill would be introduced during the current session of parliament and draft legislation is already under preparation.

CHAPTER V CONCLUSION Have Reservations Worked? Success of reservations policy will be measured by results— how Dalits fare in Indian society. A precursor example was the selection in 1997 of K.R. Naryanan, a Dalit, as India’s President. His distinguished career has included time as a journalist, heading a university, and service as Ambassador to the United States. Dalit political activism is another indicator of change. Well orchestrated protests at the 2001 United Nations Conference on Racism in Durban, lively Internet sites of Dalit advocacy groups, and, most of all, growing involvement in political life show that increasing numbers of Dalits are making their presence felt. The emergence of well-educated, articulate, and middle class Dalits raises the question of what was responsible for such progress. In the case of Dr. Ambedkar, a maharaja stepped in to help at a critical juncture in his education. For those following in his footsteps, the “maharaja” may be the reservations system. Criticized, with justification, for inefficiency (or worse), the network of reservations in its half century of existence has contributed to Dalit opportunity. On a nationwide scale, it has meant more educational and better government job opportunities for Dalits. Statistical evidence (Tables 3 and 8, above) shows decidedly positive trends for Dalits entering into senior civil service ranks, an eight-fold increase from 1959 to 1995, and receiving higher education, a near-doubling over 17 years ending in 1996. Literacy rates through 1991 are less compelling and showed that Dalits were not closing the gap with the general population. However, the 2001 Census reports a ten-year 73 jump of 27 percent in national literacy (to 65 percent).133 Census data on Dalit literacy are not yet available, but an independent 1997-1998 study found that Dalit educational achievement for younger age groups in villages in Rajasthan and Madhya Pradesh had

surged to the point that it was virtually the same as for upper castes.134 What is harder to pinpoint is how much improvement can be credited to reservations and how much might have occurred without them as a result of general government development policies and economic growth. Dalit groups are in no mood to find out. Realistically, the system has become such a mainstay in India, involving a significant portion of the population, that it is doubtful that the dismantling of the system is even feasible. No politician will risk trying to roll back these “temporary” measures. Are Reservations Enough? Reservations will continue to play a useful role but will likely be a diminishing part of the solution of Dalit problems. There are major flaws. Reservations apply to the public sector but not the private sector, the probable growth area of the Indian economy. Then there are tens of millions of Dalits living in rural areas and not part of the “organized” economy. It is often a difficult life. In 1976, Shankarrao Mane, the then Commissioner for Scheduled Castes and Scheduled Tribes, wrote the following appraisal: The hard fact of our social life is that the Scheduled Castes are fighting alone. Houses in Caste Hindus localities are not available to them on rent even in urban areas; drinking water wells are generally not open to them, the services of priests, barbers and washermen are still denied to them in several parts of the country and they are paid nominal wages for hard labour in the fields. And, when they try to assert their rights to use common services or demand proper wages, they are subjected to inhuman atrocities, abuses, assaults, social boycott, loot, arson, murder and what not. They are branded with red hot iron. Even their women are not spared. Still they struggle. 133 “Literacy Rate: India,“ Census of India, http://www.censusindia.net/results/provindia3.html. Accessed March 20, 2002. 134 Anirudh Krishna, “What is Happening to Caste? A View from Some North Indian Villages.” (Manuscript, 2002) Table 1. Based on surveys in 69 villages. 74 Let the Scheduled Castes be assured that in their struggle they are not alone. That the enlightened among the Indians are with them not only with words of sympathy but with concrete action.135 Reporting by Indian and foreign human rights groups and governments indicates that problems of this kind remain in many parts of India despite the Constitution, laws, and the desire of a great many Indians for an end to mistreatment of Dalits. What Can Be Done? The reservations system would benefit markedly from an

administrative face-lift. As recommended by the Commission for Scheduled Castes and Scheduled Tribes, a comprehensive act, articulating the policy, is needed. The revision and streamlining of procedures, such as SC certification, might help curb abuse. In addition, social programs such as those directed at improving the education system, especially at the primary level and in rural areas, should be given more emphasis. Reform will depend heavily on the political will of government leaders and dominant political parties as well as the ability of the Dalits to mobilize successfully. A source of optimism is the success of the Bahujan Samaj Party in the February 2000 assembly elections in Uttar Pradesh. The party won 97 out of 403 seats in the state legislature with the support of a wide range of communities.136 Over the longer term, other forces might be in the SC’s favor. In addition to stressing the importance of education, businessman-turnedjournalist Gurcharan Das sees the growth of capitalism as a key to breaking down caste prejudice and raising the SCs. Pointing out 135 Report

of the Commissioner for Scheduled Castes and Scheduled Tribes 1974-75 (New Delhi:

Government Printer, 1976), 17. 136 Sukumar Muralidharan, “BJP in Big Trouble,” Frontline, Vol. 19, Issue 5, March 2-15, 2002. http://www.flonnet.com/fl1905/19050040.htm Accessed March 22, 2002.

75 that “caste does not pervade modern economic life in the way that it structures rural social life,” he predicts that the growth of the private sector and the middle class will erode the old Indian hierarchy.137 Acknowledging democracy’s role in improving the lot of Dalits in the twentieth century, Das believes that in the new century the Indian economy . . . will create new opportunities for everyone. The better jobs, it is true, will go to the better educated. But as the lower castes begin to realize that the better jobs are in the private sector rather than in the government, they will turn, one hopes, to education rather than reservations.138 This

may already be

happening. Previously mentioned field research in Rajasthan and Madhya Pradesh suggests that a new political leadership, defined by education and skill rather than caste, may be emerging in these rural areas. Twenty-six percent of the new leaders are SCs, though the group only makes up 22 percent of the population. Education, commercialization, and land reform have facilitated the representation of SCs among this new political elite.139 Das’ argument may be overstated given the slow pace of economic liberalization in India since major reforms in 1991. As Das concedes, the private sector is still influenced by the affinities of kin and caste connection—the Birla and Tata

companies being examples—but the spirit of capitalist competition has also driven many businesses to recruit for skill and talent, not caste. Finally, the January 2002 Bhopal Conference is a good sign. That the non-Dalit Chief Minister of a large state would organize the meeting and take personal interest in the welfare of Dalits showed both political acumen and willingness to fashion solutions. Singh foresaw a continued role for reservations. In his paper for the conference, he warned, though, that they were only part of the solution: 137 Gurcharan

Das, India Unbound (New York: Alfred A. Knopf, 2001) 154. 138 Ibid., 153.

76 While the Dalit movement must strive to achieve complete fulfillment of the quota, we at the same time must understand the limited role reservation in government jobs has in SC-ST’s progress and emancipation. Unless we have understood it, it would be difficult to mould the direction of the movement toward the desired goal.140 The

Chief Minister outlined a detailed program to benefit and protect all

Dalits, including those in rural areas. A remarkable feature of the final conference document is the influence on it of the long, difficult American experience dealing with the legacy of slavery. If Martin Luther King drew inspiration from Gandhi, now Indians were drawing inspiration from American historical experience. The conference document notes that out of the troubles of the 1960s came policies of equal opportunity and diversity. It talks of what Exxon Mobil, Wal-Mart, and General Motors and other companies have done to ensure employment of minorities. The authors see it as time for Indians to follow the American example and go beyond reservations. So globalization has brought greater exchange of ideas as well as commodities. 139 Krishna 22-25. 140 “Digvijay’s Dalit Gambit,” Indian Express, January 15, 2002.

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