Transcript
ARGUMENT FOR AND AGAINST THE RESERVATION IN INDIA
RESEARCH PAPER ON POLITICAL SCIENCE
SUBMITTED BY-
FATARAM
ID. NO1808 I YEAR, B.A., LL.B. (HONS.) DATE OF SUBMISSION: 28TH NOVEMBER, 2010.
National Law School of India University
NAGARBHAVI , B ANGALORE ² 560 242
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Table of contents
Contents Page no. Introduction«««««««««««««««««««««««««««3 Research methodology«««««««««««««««««««««««5 Chapter-1. Affirmative action««««««««««««««««««««.7 Chapter-2. Affirmative action in Indian perspective««««««««««««9 Chapter-3. Caste system in India«««««««««««««««««««.14 Chapter-4. Argument for and against the reservation in India««««««««16 Conclusion«««««««««««««««««««««««..................23 Bibliography«««««««««««««««««««««««««««24
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Introduction
"You do not wipe away the scars of centuries by saying: 'now, you are free to go where you want, do as you desire, and choose the leaders you please.' You do not take a man who for years has been hobbled by chains, liberate him, bring him to the starting line of a race, saying, 'you are free to compete with all the others,' and still justly believe you have been completely fair . . . This is the next and more profound stage of the battle for civil rights. We seek not just freedom but opportunity²not just legal equity but human ability²not just equality as a right and a theory, but equality as a fact and as a result." 1 President- Johnson United State of America started the affirmative action for the welfare and protects the rights of blacks, woman and certain other minorities. After many debate and conflicts President Johnson passed the resolution in American Congress to implement the provision regarding to affirmative policy. Like to affirmative action reservation in India is not the new concept, reservation in government jobs on the basis of community and caste more than a century old one. Before independence the objective of the government of the ruler or king is to divide, rule and they adopted the methodology to redress communal in equalities in representation in public services. But the British government never adopted the policy of the reservation because their aim was not to uplift the societies but to divide and rule and get maximum benefit whichever was possible. After independence government of India realise the problem of the weaker section keeping the eye on the interest of these societies government provided some specific privileges and the concessions under the provisions of th e Constitution of India to the depressed classes.
But later on it became the major source of the social unrest and the political conflicts. Because it became the tool in the eye of the higher caste see the reserved class by pollute site. It causes the mere source of discrimination with respect to the other societies. Government of India also provided the reservation in representation to Member of Parliament as well as legislative assembly. But in the real sense there is no specific effects on the depressed class because the political leader of the higher society always
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Available at, Equity and development, World Development Report 2006 (last visited on November, 27, 2010.
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contest the election to whom they can keep under their control and the not the eligible representative of the society.
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Research methodology
Aim and objective:
The main focus of the researcher will be on this paper to find out the basic problem with reservation in India and to suggest the probable solution for the pointed out problems. And to argue on the existing system of the reservation on whether it is going in the right way for which it is made. Also argue on basis of present scenario whether reservation should be continuous or should not be in India.
Scope and limitations:
The scope of this paper is to study the reservation policy in compare with the affirmative action in America and other similar policies and to compare within its prescribed territorial limit. It also provides scope to study the reservation in rural and urban areas in context of its implementation as well its effect on the different people. Limitation of this paper is the concise study because the reservation policy is very broad task.
Research questions
1.-Does reservation really improves the social and economical condition of the depressed classes? 2. - Are real backward people enjoying the privilege of reservation policy? 3.-Whether reservation should be stopped or continuous? 4. - What can be the possible solution of the problem of the existing policy?
Chapterization:
Chapter 1. Affirmative action and its privilege. This chapter describe the history of affirmative action in America and its effect on the blacks, woman and other minorities. Chapter 2. Affirmative action: Indian perspective Rational behind the affirmative action in India-
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Forward looking approach and backward looking approach of the reservation policy i n India. This paper contains the details of the reservation system in India. Constitutional provisions related to reservation in India. Chapter 3 Caste systems in India- This paper explain the caste system in context with the Dalit and other depressed class. Chapter 4. A-Argument in favour of the reservation in India This paper describe the positive aspects of reservation in India and also tell about the future need of reservation. B- Arguments against the reservation system in India. C- Suggestion Source of data- This paper is almost based on the secondary sources of data as well as online available material.
Mode of writing- The writing mode is analytical and critical. Most of the paper
contains the argumentative mode of writing on the reservation policy of India.
Mode of citation - Paper follows the NLS mode of citation throughout the paper.
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AFFIRMATIVE ACTION
History of affirmative action:
Blacks have a 375-year history on this continent: 245 involving slavery, 100 involving discrimination, and only 30 involving anything else. 2 ² Historian Roger Wilkins The concept of affirmative in America was first introduced by American President John F. Kennedy in his Executive Order no. 10925, which created the µCommittee on Equal Employment Opportunity¶ and mandates that projects financed with federal funds of the budget and to take affirmative action to ensure that hiring and employment practices are free of racial bias. This term came into picture in 1961 while India has already granted the policy of reservation to the depressed class in jobs as well in educational institutions and political representation. Affirmative action is much similar to the Indian concept of reservation; it is a method of redressing discrimination that had persisted in spite of civil rights laws and constitutional guarantees. The further development and effective implementation is done by President Johnson. He asserted it as this is the next and more profound stage of the battle for civil rights in America for the preserve and protect the right of every citizen at the equal stage. President Johnson stated on the policy of the affirmative action ³We seek« not just equality as a right and a theory, but equality as a fact and as a result."3
Purpose of the Affirmative action:
The main focus behind introduce the term affirmative action was to preserve the rights of black and the other minorities in particular areas in which there participation was very low and also necessary to develop them in the form of economically, socially and culturally by provide specific privilege in education and jobs. Some other requirement of this policy was that, it should be measures the activeness means do the work of watchdog to ensure that
Available at, http://plato.stanford.edu/entries/affirmative-action/ (Last visited on November, 27. 2010.) Available at,siteresources.worldbank.org/.../Affirmative_Action_India_Ashwini.pdf( Last visited on November, 25, 2010). Leo Georarke,Journal of Business Ethics, Vol. 9, No. 3 (Mar., 1990), pp. 207 -213
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blacks and other minorities must enjoy the same opportunities for promotions, salary increases, career advancement, school admissions, scholarships, and financial aid that had been the nearly exclusive province of whites. From the outset, affirmative action was envisioned as a temporary remedy that would end once there was a "level playing field" for all Americans.4 Discriminated groups can be the people who face the discrimination now or may be the victims of the past whom the economy of the growth did not make any improvement. In North America woman, native and other group or minority like the blacks are suffered by the white male. So the restitution is the only way to compensate them. Society has the debt of the blacks, woman and other minorities which is reasonable to repay it to them now. Every member of the different society is equally responsible to compensate the people who are facing the sorrow in the form of the discrimination. Some scholar also says that the compensation should go to the major victims and the major beneficiaries should have to pay it.
Leo Georarke,Journal, Business Ethics, available at, www.usatoday.com/news/.../2010-06-17diversity17_ST_N.htm, Vol. 9, No. 3 (Mar., 1990), pp. 207-213, (Last visited on November, 26,2010).
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Affirmative action: Indian context
Affirmative action in Indian context is to be viewed as a on the basis of the long tradition of caste system in India. It is not called as reservation policy of India. Unlike the discrimination between white and blacks in America, in India there is discrimination based on higher caste or forward caste and the depressed or lower caste according to the Varna system of India. Affirmative action In India gives some specific privileges to the depressed caste because of their backwardness in social, political and economical aspects. These privileges are achieving provide the people to posts in job, political representation and the some reserved seats in higher educations. Because their status in society is very low and they are incapable to achieve on their own credibility. There are many castes in India, which have specific status according to belongingness to particular cast. Initially Reservation was provided to SCs and STs and certain other privileges to minority class. But later in 1991, Mandal Commission recommended the reservation to socially and educationally backward classes which is popularly known as OBC (Other Backward Castes). SCs and STs are mentioned in schedule of the Constitution of India on the basis of certain grounds of discrimination and their backwardness.
Legal identification of Scheduled Castes and Scheduled Tribes Selection criteria for scheduled castes 5 The person who1. Cannot be served by clean Brahmans. 2. Cannot be served by the barbers, water-carriers, tailors, etc. who serve the caste Hindus. 3. Pollutes a high-caste Hindu by contact or by proximity. 4. Is one from whose hands a caste Hindu cannot take water. 5. Is debarred from using public amenities such as roads, ferries, wells, or schools. 6. Will not be treated as an equal by high-caste men of the same educational qualification in ordinary social intercourse. 7. Is depressed on account of the occupation followed and, but for that, occupation would be subject to no social disability.
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Prof. Rohini pande, available at, India together,Yale university(Last visited on November, 26, 2010).
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Selection criteria for scheduled tribes 6 1. Tribal origin 2. Primitive ways of life and habitation in remote and less accessible areas 3. General backwardness in all respects
Rational behind affirmative action in India:
There are two kinds of approaches to looking the nature of affirmative action in India.
Forward looking-7
This programme is founded on the principle of motivated forgetfulness of wrong doings with the assumption that victims would soon forget past sufferings to compensate them later or providing some benefit in the future. 1). It is utility based method which measures the good expected result from the implementation of this programme. The main motto of the affirmative action in India is not to compensate anyone for harm caused by past wrongdoing, but rather simply to promote certain highly desirable forms of social change to break endlessly continuing cycle of poverty and sub-services. 2).It will eliminate inequities in income distribution, remove caste and racial prejudice, reduce caste and racial tension, and enhance self-esteem of the marginalised
Researcher¶s argument on forward looking:
Although it is considered as good strategy but within an exclusive forward-looking framework of reservation one fails to take into account sufficiently possible negative
consequences ± like temporary increase of racial, ethnic and communal tensions, caste or racial segregation, accusations against lowering of the academic and service standards, damage of the respect of really deserving and meritorious members of the reserved category and slowly theses aspects will going to increase and create social and political conflicts.
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Supra note 5.
Amarnath Mohanty, Affirmative Action in India, An Alternative Perspective, available at www.mcrg.ac.in/Dialogues_on_Justice.pdf(Last visited on, November, 25, 2010), 10
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Backward looking -8
In this approach the focus is on the past loss incurred by the depressed and discriminated class in the form of discrimination and to pay the reparation now to compensate their past loss. It is imposing some duties and responsibilities towards the discriminated classes. In this reparation also provide to the next generation if the victim of the discrimination is not alive or not in the condition to receive the compensation because of age group or any other reasons. This is because when once the person faces the unsocial nature of discrimination, not only his or her life is affected but the consequences affect the future generation like in matter of proper care of the child and good education because of the social and economical weakness. Keeping all these factors in mind, this reparation can be provided to next generation of the victim to resolve or improve the social, cultural and political condition in the future.
Argument on the problems of backward looking:
It is hard to measure the degree of past advantages and disadvantages or injustice in a simple and straightforward way. Backward-looking argument concentrates too narrowly on the allocation of blame, and not adequately on contemporary disadvantages.
Position of reservation in India:
Present scenario of the reservation of services in India is (1). 15% reservation to SCs, (2). 7.5% reservation to STs and 27% to the socially and educationally backward class. (Other Backward Castes).9 But the ratio of the posts occupied is forward castes estimated at 25.5 per cent of the population made up 78.34 per cent of employees of Central Ministries and Departments and the Scheduled Castes and Scheduled Tribes together were 16.83 per cent and the Backward Castes were 4.83 per cent. In first degree Class the ratio goes very low and presently these figures are 90.23 per cent for the forward castes, 7.18 per cent for the Scheduled communities and 2.59 per cent for other backwards.10
Amarnath Mohanty, Affirmative Action in India, An Alternative Perspective , available at www.mcrg.ac.in/Dialogues_on_Justice.pdf,(Last visited on November,25,2010)
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Reservation of these post given under the Article 16(4) of Indian Constitution. Availabe at,www. ambedkar.org/News/reservationinindia,(Last visited on, November,26,2010)
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Constitutional provisions:11
Article 16(4)-This article provides the equality of opportunity in the matter of public appointment. It also gives power to making any provision to appointment of posts in favour of reserved class. Article 16(4A)-It provides power to state to making any provision related to promotion of the services for the reserved class. Article 335- This article provides the claiming power to SCs and STs to services and the posts according to the prescribed in constitution of India or any provision of the related state. Later the commission for schedule caste and schedule tribes also came into picture for protect the right and providing the welfare to the concerned caste of the commission. Article 338- It says that there shall be a commission for the Schedule caste and Schedule Tribes. On the basis of this the National Commission for Schedule Caste and National Commission for Schedule Tribes formed. Article 341 and 342 provides the exclusive power to the President of India to include or exclude any caste to the given schedule of the Constitution.
Reservation for backward classes:
To keeping in view the interest of the socially and educationally backward class other than the SCs and STs, Government of India established the backward class commission called as µMandal Commission¶ which submitted its report on December, 1980. After analysing the report Government of India issued an order of 27% reservation of the posts to backward class in civil posts and services. The announcement of the 27% reservation of the post for the socially and educationally other backward casts by the Prime Minister V.P. Singh on August 7, 1990 in the parliament resulted into a wide spread agitations taking so many lives of the youth and students with the large damage to the public properties. 12
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Muthuswamy and Brinda, Reservation and concessions,Swamy publications Chennai,39,40, 2002. Sukhdev Khanna, Reservations and its implications, Jain law agency, Chandigarh, 21,1994.
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Government of India also declared the creamy layer to the backward class according to the income of the people. Certain class among the backward caste shall not be provided the benefit of the reservation. Later on the politics started on the announcement of backward class reservation. Mr. Devi Lal (Deputy Prime Minister) attacked on the Government of V.P.Singh and the Government tried to save its vote bank to status quo for the continuous to run. Because there was full majority and the Government was based on coalition of the two parties. Later debate goes on and on many days in the Parliament. Infect today, discrimination is taking place mainly in the rural areas because in the rural areas people yet not aware about the rights and obligations. One event I have seen in my village which I am going to mention here. Tow person, one from depressed caste (Dalit) and another were from the higher caste (Rajput caste). The higher caste person after drinking forced Dalit to plunder one of his relatives house in the mid-night which was located distanced to the other. Both they entered in the house and murdered the old couple very barbarically and brutally. Both of them imprisoned afterwards but the people of the higher society blaming, insulting and even beating today to the other members of the Dalit person and other hand no one raising the any sound against the family of higher caste person. In many villages of Rajasthan Dalit castes people cannot use the same pot for eating, they cannot use the water from the same sources. They cannot enter the temple. Means of saying all these is that discrimination is alive today also. No doubt improvement is going on and thinking of the people is also improving slowly but it will take several years in context to rural areas.
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Caste system in India:
The history of caste system in India is very old; it is about 2500 year old. The caste system came into existence on the basis of the Varna system later on contemporary caste system. Initially there are four varnas but afterward one more discriminated class also considered as 5th varna. These are the Brahmins, Kshatriyas, Vaisyas, Sudras and Ati- Sudras. Last one also called as the untenable. The last two castes doing menial jobs with the latter being considered ³untouchables´, Even their presence was considered polluting and thus was to be avoided. The three higher varnas are often referred them to as ³caste Hindus´ (upper caste Hindus) or as ³twice born´, since (the men of) these castes enter an initiation ceremony (the second birth) and are allowed to wear the sacred thread. Together, the upper castes constitute 17-18 percent of the population. The Ati-Sudras are roughly 16 percent of the population. Numerically, the largest varna is Sudra, constituting nearly half of the population.
Dalit in India:
Dalit are the depressed class of India, which is exempted from to take any benefit by the higher caste from time immemorial. Dalit are socially, politically and educationally backward because these people always used as the medium of work for the higher class. Before independence Dalit had no rights and they were exploited to hire as begar (They were work for the higher castes at no payment, even they were not able to say about the payment). Even today same is happening in the rural areas where the people follow the same way of exploitation because of the lack of awareness and the dominancy of the higher classes. Often the newspaper contains the news like,
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Dalit boy beaten to death for plucking flowers. Dalit tortured by cops for three days. Dalit 'witch' paraded naked in Bihar. Dalit killed in lock-up at Kurnool. 7 Dalit burnt alive in caste clash. 5 Dalit lynched in Haryana. Dalit woman gang-raped, paraded naked. Police egged on mob to lynch Dalit.
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Available at, www.dalitnetwork.org/go?/dfn/news/C144/( Last visited on, November,27,2010)
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The total population of the Dalit is about 1/5 of the total population of the country. Dalit are continuously suffering the birth- based discrimination and humiliation. Although many committee and convention were held like, International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and of domestic laws designed to abolish the vestiges of various caste systems and to protect the economic, social, cultural, civil, and political rights of all, can the process of attaining economic and physical security, and human dignity, but there is no significant improvement in the real sense. 14 Mainly Scheduled Castes is legal parlance for Dalit. There is hidden apartheid in India like normally Dalit children are frequently made to sit at the back of classrooms in rural areas.
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Available at,http://www.dalitindia.com/(Last visited on, November,26,2010)
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Chapter4.
Arguments Argument in favour of the reservation:
The depressed caste is exploiting from the very beginning and remains poor and away from their rights and hence development likes development in social, political and educational. Reservation is most probable way to compensate to these societies. Castes are divided on the basis of the menial work, today¶s reserved castes are those who always being limited to their work and because of this their mental development not is taken place as efficient as compare to other. That is why they required some concession with respect to their performance. Reservation should be there because the reserved classes are economically poor and the fee of educational institution and the real expenditure of contest the election is very high, if they don¶t have reservation they cannot afford this amount of expenditure at all and result these people never get any opportunity to become a nexus part of all the development activity. Reservation should be provided on the basis of economic condition of the people and for a particular fix time like for 20 year with strict sense of outcome so that all the societies can come almost on the same platform and they can compete with eachothers. Affirmative action policies they argued not only directly benefit lower castes through higher incomes, but have a larger impact on public policies when individuals from lower castes are given a voice in the decision making process. Other commentators on these pages have followed a similar line of reasoning.
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Argument against the reservation in India
Reservation in India is given on the basis of caste system which is not fair because, there are so many person of other caste are really poor and seeking the need of reservation for protect their rights and equality in the society and the other hand many person in the reserve category enjoying the privilege who are not eligible for reservation because there is no creamy layer for the SCs and STs.
Only educated and developed family of reserve categories are enjoying the all most benefit of the reservation because the poor and rural areas are even do not know the concept itself.
Caste Based Reservation only perpetuates the notion of caste in society, rather than weakening it as a factor of social consideration, as envisaged by the constitution. Reservation is a tool to meet narrow political ends.
Allocating quotas is a form of discrimination which is contrary to the right to equality provided in the constitution of India.
Reservations fragmenting Indian society into groups. It also divides the societies into different political groups which ultimately injure badly the democracy of India and also the unity and integrity of India. Because these political group always elected on the basis of the majority of the voter of the particular society. Even after the election these people do welfare only the community whom they belong or the group which elected them. This phenomenon raises the level of corruption and the bribe to other community.
Because of reservation the different anti-reservation communities organised by the nonprivileged society which generate the riots and also destroy the public properties. Recently Gurjjar community of Rajasthan created many riots for the demanding the reservation and destroyed the Railway path, burst many vehicles and stopped the both roads as well as the Railways which kept passenger on wait.
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The policy of reservation has never been subject to a widespread social or political audit till today. Before extending reservation to more groups, the entire policy needs to be properly examined, and its benefits over a span of nearly 60 years have to be gauged.
The people in rural their primary needs schools, health care and infrastructure in rural areas are not benefitted by the reservation because they are not able make eligible to take any benefit from the reservation policy. Till the student is not provided with the better level of the education they cannot lift up any benefit of the reservation. Poor people from "forward castes" do not have any social or economical advantage over rich people from backward caste. In fact traditionally Brahmins have been poor.
The real benefit is always taken by the educated people or the urban people while it is provided for the depressed class.
This policy of the government has already caused increase in brain-drain and may aggravate further. Under graduates and graduates will start moving to universities for higher education.
Reservation stopped some very intelligent people to grow further because they believe in the reservation and sit lazy to keep hope only on the reservation. Means of saying of that many people can do something better which they do not do because of reservation
Reservation provided in every department of service except the defence and scientific research which decrease the efficiency level of the system everywhere. For example the reservation of promotion for SCs and STs in the government services which is really bad, like promotion of teacher to the lecturer or from lecturer to the professor, even though he or she does not how to teach the higher class but he get opportunity in free which not only feels him or her uncomfortable but the student lose the higher level of education.
The reservation in India should be similar to like in U.S.A., US affirmative action does not include quotas or reservations of seat. Explicit quotas or reservations are illegal in the USA. In fact, even a points system to favour certain candidates was ruled unconstitutional. Further, affirmative action is essentially banned in the states of California, Washington, Michigan, Nebraska and Connecticut. The use of the phrase "affirmative action" to describe the Indian system hides the stark difference between the two systems.
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Reservation in India provided equal in rural and urban areas is not fair because m ost opportunity in modern Indian cities is in businesses that are owned by people who are not from the highest castes. Being high caste in a city is no advantage.
The policy of the reservation failed to create an atmosphere favourable to the creation of casteless society and on the other hand promoted the formation of many groups. Reservation in educational institution is some time prevent very brilliant student to enter into institution even after getting very good marks because of this caste based reservation.
It is some way became the reason of the brain-drain because if the talent student does not get the admission in the country¶s institution, they prefer to go abroad for study and later on settle there for the good salary. So because of it talented Doctor, Engineer etc. sifted to the foreign countries.
The continuous caste based reservation is bad for the country because unless the complete eradication of the caste system, casteless society cannot come into picture and hence discrimination and other caste based problem cannot be solved.
It is very shameful in context to politics that politician of the country continuously using it as the tool of getting more and more votes without caring the overall interest of the country.
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Suggestion by researcher:
Reservation should be based on transparent survey of the each and every house of the country, no doubt it is hard and long run process but possible to do it, but it can carry the more wattage towards the policy. And Government should provide the reservation certificate rather than caste certificate.
The survey must be taken after a particular interval time for include new and exclude according to the income. E.g. If a person became the engineer after the finishing the study and getting good salary, he or she must be excluded from taking further advantage of the reservations.
This work can be provided to the commission of the concerned caste. Number of seats should be increased in the technical and prestigious institute for providing opportunity to big number of student. Like in IITs, NLUs, Medical Colleges etc. Although caste is an important factor of exclusion at work in Indian society, other factors such as gender, economic conditions, geographical disparities and kind of schooling received cannot be altogether ignored because these are the fundamental requirement of the depressed societies. For example, a child studying in a village or municipal school does not enjoy the same status in society as another who has studied in an elite public school, caste notwithstanding. Some academics have argued that a better system of Affirmative Action would be one which seeks to address all the factors of exclusion at work in society which restrict a person's competitive abilities. 15
Reservation decisions have to be taken based on objective basis. Government of India should focus on proper primary and secondary education so that groups under-represented in higher education institutes and workplaces become natural competitors.
Government should have announced long term plan to phase out reservations after the particular time.
Available at, http://www.sabrang.com/cc/archive/2006/june06/report3.html,(Last visited on November,26,2010)
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Government should promote inter-caste marriages in forward and reserved caste in order to minimise the gap between among the other societies. E.g. Tamil Nadu adopted this way for abolition of the caste system.
This is because the basic defining characteristic of the Caste system is endogamy. It has been suggested that providing reservations to children born of inter-caste marriages will be a surer way of weakening the caste system in society and it also increase the biological characteristic of the child.
Reservations should be based on economic status of the people instead of caste-basedreservations.
People who are tax payers or children of tax payers should not be given the benefit of reservation. Government should make the policy to ensure that benefits reach poorest of the poor and India will achieve social justice.
Government should encourage the community to run their own educational institutions and provide the better option of employment. Also encourage these families to establish the cottage industries for the livelihood.
Acknowledge that caste-based discrimination is deeply institutionalised in India and must be stopped. Government should make appropriate amendments to existing domestic laws in order to incorporate and implement the spirit of international conventions, particularly the Convention against Racial Discrimination. Provide effective and speedily remedies and adequate compensation for cases of caste discrimination under domestic legal mechanisms. Make strict provision against the discrimination of Dalit and other depressed class. Public authority should easy way to approach international bodies when the domestic law will failure or enforcing authorities¶ failure in upheld their rights. Take immediate steps through committed actions to educate the public and judicial bodies on caste-based discrimination and attendant rights violations.
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There should be reservation in private school and the financial aid to the poor reserve students because, the standard of the government school going down day by day and the fee structure of the private school is very high which these students can¶t afford.
The compensation can be provided in the form of offering the jobs to the victims those who suffered enormous economic loss in the past. And the other person who denied from their job so they can be compensated in the later life.
Providing financial help, it can be in the form of pension reforms to the older member of the discriminated society.
The compensation should also granted to those people who discarded from the universities, hospitals and other institutions because of which their interest could not be secured in both social as well as in political discretion. Like the woman hired for the domestic work, she lose not only the social and political rights of herself but also she could not be able to send her children to the good educational institution.
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Conclusion:
This paper says about the different problems and the also the probable solution of the problem of the reservation in India. Reservation now is going to become a political tool to get the votes for the political parties rather than its basic purpose to protect the rights and carry the depressed class to the developing path of the modern societies. It shows the reason why there should be reservation in India. Reservation is nothing to do with the reserves class but it is the path to lead to the way where each and every person can grow by shaking hand to hand. It is the catalyst which is providing the boost to come across the other societies. But there is still many- many problems in the efficiency of the reservation. The real benefit of the reservation provided to SCs and STs are taking only by the people of higher standard, mean of saying is that actual benefit goes to the educated and the urban aware people only which itself does not fulfil the purpose of reservation. The reason of this is only the lack of awareness because most of the population of India is living in the villages and agriculture is their means of livelihood. Until and unless the benefit of the reservation will not reach to the root of the society its mean or purpose cannot be served. To making this policy more successful there are many methods like aware the people about the benefit of it. 100% transparency cannot be possible but it can be uplifted by adopting some efficient ways. Reservations have both negative as well as positive effect on the societies. Because some people says that it is taking away their jobs, even though these people getting less marks in exams. Constitution of India also gives the privilege in promotion of the services for SCs and STs and resulted into inefficiency and weak kind of administration in many departments.
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Bibliography:
Books
Muthuswamy and Brinda, Reservation and concessions,Swamy publications Chennai Sukhdev Khanna, Reservations and its implications, Jain law agency
Internet sources/ websites
http://plato.stanford.edu/entries/affirmative-action/ siteresources.worldbank.org/.../Affirmative_Action_India_Ashwini.pdf Leo Georarke,Journal, Business Ethics, available at, www.usatoday.com/news Prof. Rohini pande, available at, India together,Yale university Amarnath Mohanty, Affirmative Action in India, An Alternative Perspective www. ambedkar.org/News/reservationinindia http://www.dalitindia.com www.utdallas.edu/~kruti/reservation_policy_for_backward http://www.sabrang.com/cc/archive/2006/june06/report3.html
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PROJECT EXTENSION LETTER To The Exam Department NLSIU,Bnagalore 28.11.2010 Hereby informed that I had extension till 27 November, 2010, is due to the repeat exams that I had given on22/11/2010(Legal method) and 23/11/2010(Economics I). As a result, the project is being submitted today. Fataram ID No.-1808 I B.A.LLb(Hons)
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