Protective Discrimination- Reservation Policy in India

Introduction

Reason behind the reservation is the discrimination suffered by the oppressed and the disadvantaged section of society including the scheduled caste, the scheduled tribes, the women, the aged, the handicapped, socially economically backward classes, the religious minorities over a great period of time has led to the concept of protective discrimination. these provisions were formulated to bring them to the mainstream society by protecting their interests.

Efforts made by parliament to protect the interest of SC, ST :

1. Untouchability offence act 1955     (renamed protection of civil rights act 1976)

2. Scheduled caste, scheduled tribes   (prevention of atrocities act) 1989.

Many state have provided reservation in the legislature services and has given facilities to the SC ST in the matter relating to education, employment and assistance in economic fields.

OBC reservation background

Following the Kaka kalelkar commission report 1995 identifying 2399 caste group and socially and educationally e backward classes the Mandal Commission adopted in 1978 formulated 

11 indicators :

- 4 social backwardness

- 3 educational backwardness

- 4 economic backwardness

 and identified 3743 backward classes and recommended 27% of the jobs for OBC (other backward classes) in Central services and public undertaking.

Protection of women interest

Numerous laws such as 

- Dowry prohibition act 1961,1984 

- Equal Remuneration act 1976

- The criminal law (second amendment) act 1985

have been passed by parliament for protecting the interest of women through 73rd and 74th amendment acts there has been one-third reservation in the rural and the urban local bodies. 

Interest protection of disabled people

There is the persons with the Disability act 1995 which provides 3% reservation for the disabled in the government jobs.

Newly introduced EWS

Economically Weaker Section in India is a sub category of people belonging to the general category having an annual family income less than 8 lakh rupees and who do not belong to any categories such as SC ST OBC across India are provided with the 10% reservation in the governmental jobs education etc after passing the 124th amendment act bill 2019.

Present scenario of reservation in India

27% other backward classes

15% scheduled caste

10% economically weaker section

7.5% scheduled tribes

The advocates of reservation policy argue

1. It has helped many people to grow and occupy top positions in public offices.

2. It has helped the historically discriminated minorities blessed with social justice.

3. It has helped the deprived section of society to avail education which has been denied to them for centuries.

4. There has been an attempt to bring an equal to the level of equals.

5. Reservation gives a life stability to survive in this era where people die for stealing food, thrown out of houses, not let to drink water because they are Dalits. Things have not changed much just the difference is some are educated but still face discrimination. Reservation must be there till the discrimination is vanished from our society.

Arguments against reservation

1. Reservation is the biggest enemy of meritocracy by offering relaxed entry criteria to reserved we are opposing to the promotion of merit based education system which is the foundation of many progressive countries.

2. 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.

3. Policy of government has already caused increase in brain drain and may aggravate further undergraduate and graduate will start moving to foreign universities for higher education.

4. Our politician use reservation for their vote bank politics so the real purpose of reservation is not to benefit the SC's, ST's but to benefit the politicians. As this provision was introduced for just 10 years but still continue after 73 years of independence.

5. Reservation can only benefit less than 1% SC's while creating an illusion that all are benefited AC in India about 20 to crores but reserved jobs for them or only few lakh so very few people of them will get the reservations benefit and even there will be mostly from creamy layer.

Your turn : 

Provide a brief conclusion in the comment section.