Issues of Social Justice in the Existing Indian Reservation System
ISSUES
OF SOCIAL JUSTICE IN THE EXISTING INDIAN RESERVATION SYSTEM - D.ILAVENIL
“An
Unaccomplished Governmental Programme”
Introduction:
We are living in a world where society
instructs us to judge the evolution of the country by the economic wealth and
the victory of a handful of individuals. Such an administration while promising
a brighter future for everyone, helps only a few to stay in power unlawfully
establishing their status and by ignoring the needs of those who are left
behind. For thousands of years, equal opportunities were denied to the majority
of the population of our country based on one’s birth. All the powerful kings
who conquered Indian sub-continent were bound by Manu Shastra, the rule book of
Hindu religion that prohibited education for the Shudras. Non-Brahmins were
enslaved in various ways. Not only in education but also positions of power and
flourishing job opportunities were denied to them.Therefore, it is significant
to note that every individual or a group are treated equally notwithstanding
their differences. To prohibit exploitation and to acquire a fair society,
social institutions have been striving hard to establish social justice through
education. Although, the modern idea of social justice is a composite equation
with the foundation of a society has certain indicators which need to be
accomplished. These include equal distribution/redistribution of the fund,
rights with equality, multiplicity, amendments for the past wrongdoings and
independent decision-making process.
Social Justice:
Social justice has a peculiar, substantial and powerful content with a fundamental authority to bring equality in a society of unequals. Social justice did not arise in the modern era, its seeds were sowed during early times. Social justice in its structure and configuration is just not a social institution, rather it is the perspective of an individual. It has comprehensively identified that equality sits in the centre of human dignity. The requirement for equality and equity emerges in a society where the system is based on a social scale and supremacy of one group. However, social justice ensures that every individual in the society is provided with equal opportunities in all aspects such as social, economic and political. But, by providing equality will not help to treat the situation. Thus, the weak should be provided with some allowances and benefits for equality to be meaningful for them. One of the affirmative actions taken by the government comes in the form of “Reservation”. Social justice is now recognized uniquely with reservation in India which incidentally has become a political essential as well.
Issues of Social Justice:
India was a country with a very
strong caste-based hierarchical system where the upper caste enjoyed most of
the benefits while the lower caste was looked down upon. The majority of the
population was backward classes, who were socially, educationally, economically
and politically deprived of better opportunities. The backward classes are
Scheduled castes, Scheduled Tribes and Other Backward Castes. The Constitution
of India has introduced Art.46 to promote the educational and economic interest
of Scheduled castes, Scheduled Tribes and Other backward classes to protect
them from social injustice and all forms of ill-treatment. However, there are
various obstacles faced by the backward classes in day-to-day life due to
inequality in society. They are:
Problems faced by the OBCs in reservation:
In the exercise of the powers of
Art.340, President may by order appoint a commission to investigate the
condition of OBCs. Thus, the Mandal Commission was established in 1979 by the
government of India to recognize the socially or educationally backward
classes. The Mandal Commission recommended 27% reservation for the OBCs.
Art.15(4) of the Indian Constitution ensures to make special provisions for the
welfare of socially and educationally backward classes including their
admissions in aided or unaided private educational institutions. But
today are these reservation policies being benefited by the OBCs or not? The
answer is “NO” because the advantages are taken away by the concept of “Creamy
Layer”. Creamy layer is a title used in Indian politics to mention the
relatively forward and better- educated members of the OBCs, who are not
entitled to the government-sponsored educational and professional benefit
programmes. Initially, the creamy layer concept was only meant for OBCs but
later it was also applied to SC and ST not on the grounds of untouchability or
backwardness but in promotions. This concept of the creamy layer was first
introduced in landmark case Indira Sawney V. UOI (AIR 1993 SC 447):
1992 SUPP (3) SCC 217. The court upheld the execution of separate
reservation for the OBCs in the Central government jobs and also ordered to
remove the creamy layer of the OBCs from enjoying reservation programmes.
Conditions of
Creamy layer:
1.) If the parents are working as
government officials as a class 2 employee or above, then they belong to OBC
creamy layer.
2.) If the parents earn more than 8
lakhs per annum, then they come under OBC creamy.
The husband/wife’s salary would not
be considered for layering.
Recently, the National Commission for
Backward Classes opposed including ‘salary’ in determining ‘creamy layer’ for
OBC. The income bar that figures out if an OBC candidate belongs to creamy
layer or not, is to be changed from ‘Gross Income’ to ‘Net Taxable Income’.
This decision was opposed by NCBC as it increases the income threshold to
determine the OBC creamy layer.
Why reservation is not a fundamental right?
The political parties of Tamil Nadu
requested the Central government to execute 50% of reservation for backward
classes in the State and All India quota seats for the medical and dental
course. The petitioner claimed that they weren’t demanding for any further reservation
but only to execute the existing one. To obtain justice for OBCs, a writ
petition was filed under Art.32 of the Indian Constitution for violating the
right to education and reservation. But Justice Rao replied that “reservation
is not a fundamental right”. This was one of the most unconstitutional
actions taken by the Central government. The problem is, there is only 27%
reservation for OBCs although 41% of India’s population are OBCs, within which
there is a division of creamy layer and non-creamy layer.
Is 10% reservation
for EWS necessary?
The 103rd amendment of the Indian
Constitution ensures 10% reservation for economically weaker sections of an
upper caste who come under the general category (which is not reserved for any
caste but applicable to SC, ST And OBC) will now be able to enjoy the benefits
of reservation in the government jobs. This benefit wasn’t available for them
previously. This decision proves that the government is not allowing the
communities to move out of backwardness. “When the Central government
could make provisions for the welfare of a forward caste then why couldn’t it
make for the backward castes?”. However, social justice could not be
achieved by compromising reservations.
Reservation: An
unfinished agenda
The method of reservation begins with
the name of “Mahatma Jyotibha Rao Phoole”, who demanded 50% reservation for the
backward classes. Reservation is a system to provide education and jobs to the
underprivileged based on their caste. It remains as a key to social justice.
However, it has proved to be one of the most unachievable strategies to provide
social equality and justice. The Reservation was supposed to establish more
impartial provisions to provide education and employment for all. Anyhow,
creating more opportunities for everyone to stay as the weakest relation in
India’s travel towards an equitable society.
Remedy for
Reservation:
Considering the above barriers, the
Indian Constitution has introduced Art.15 and 16 in providing special
provisions for the socially and educationally backward classes to promote equal
opportunity in matters of public employment. Still, it did not create a social
transformation in the society. It is only through an “Equivalent
Reservation System” social justice could be achieved. Equivalent
reservation policy renders opportunities in education, employment, promotion
and political representation for each caste group based on their proportion in
the total population of the nation/state. Both nationally and in State we follow
general reservation and not a proportional reservation.
Conclusion:
Reservation is an anti-thesis of
sustainable development and justice. Due to the Brahminical supremacy and
enslavement, 50% reservation for the backward classes were not fully executed.
The supreme court has violated and restricted our rights. The backward classes,
tribes, minorities and other Dalit organisations should be integrated
throughout the nation to fight for the recovery of our rights. As a result,
reservation is not a poverty upliftment programme but it is meant to equal
representation for all communities.
May Justice
Triumph.
REFERENCE:
1.) The
Constitution of India (One Hundred and third Amendment) Act, 2019 – Bare Act,
published by Professional Book Publishers.
2.) M.P.
Jain, Indian Constitutional Law (8th edition, Published by Lexis
Nexis)
3.) C.N.
Shankar Rao, Sociology of Indian Society (Revised edition, Published by S.
Chand)
4.) Muthuswamy
and Brinda, Reservations and Concessions for SCs, STs, OBCs, etc in Government
service (Published by Swamy Publishers)
5.)
Thamarai Kannan /Why caste based
reservation is a logical social-justice measure/ <https://www.forwardpress.in/2019/08/why-caste-based-reservation-is-a-logical-social-justice-measure/> accessed:
20/07/2020
6.)
Dhileepan Selvarajan /A blow against social
justice/ <https://www.thehindu.com/opinion/lead/a-blow-against-social-justice/article30975762.ece> accessed:
20/07/2020
7.)
/Social justice and
Reservation/ 3rd chapter/ <http://shodhganga.inflibnet.ac.in/bitstream/10603/68459/10/10_chapter%204.pdf>accessed:
21/07/2020
8.)
Rajnikant Pandey and Chandra Mohan Upadhayay
/Contemporary issues in social justice/<https://www.jstor.org/stable/42742766>
accessed: 21/07/2020
9.) Mohsin
Alam Bhat /Why reservation have to be about social and not economic
disadvantage/ <https://thewire.in/politics/despite-its-ressurection-economic-criterion-remains-an-inadequate-determiner-of-reservations>
accessed: 21/07/2020
10.) Parimala /Reservation-A tool for social
justice/ <http://www.ijaresm.com/uploaded_files/document_file/Parmila_1OnME.pdf> accessed: 22/07/2020.
