RESERVATION : IS IT A FUNDAMENTAL RIGHT !

June 20, 2020

RESERVATION : IS IT A FUNDAMENTAL RIGHT !

Recently all the parties of Tamil Nadu went to court against Central government decision of giving a horizontal reservation of 7.5 percent .It was led by AIADMK party which is in majority in TAMIL NADU . Obviously this will disturb the parties gist of politics . In NEET examination (for medical colleges) 7.5 percent slab was designed by the central government to provide relief to ex servicemen, person with disabilities ,sportsmen etc but all the parties of Tamil Nadu said NEET is an unfair exam here only those persons win who went to private schools and thus government schools should provide more reservation to few caste people (85 percent of Tamil Nadu population) . They gave reference of Article 16 to court that provides reservation to OBC's and in it's order court said "RESERVATION IS NOT A FUNDAMENTAL RIGHT!"

SUPREME COURT OF INDIA

RESERVATION IN INDIA ANALYSIS:-

In India reservation given to some special caste people by the Central Government is approximately 59.5 percentage(60 percent)☺

➤ Article 15 and 16 allows Indian government to set quotas :- to ensure "socially and educaitonally backward class of citizens" is properly represented in public life.

"RESERVATION IS REPRESENTATION OF SPECIFIC PEOPLE GROUPS WHO ARE FACING DISADVANTAGES IN SOME RELIGIOUS OR ECONOMICAL MANNER."

Reservation is given to Schedule Castes, Schedule Tribes and Other Backward Classes.

➤Who are Schedule Castes ?

According to caste system of India and South Asia , people which comes under SUDRA VARNA are know as Schedule Castes.

They were treated impure by birth - works in Sewage Cleaning, tannery, washing clothes etc.

They were treated as UNTOUCHABLES(can't be touched, can't use same water source, can't enter the temple and place of worship, can't use same roads to walk ).

Few of them are landless agricultural laborers too.

They are 220 million , 17 % in population.

➤Who are Schedule Tribes?

They are geographically isolated , their culture is disparate . Most of them are ADIVASIS(people who live in jungles and away from civilization) .

Few of them were called as criminal tribes by Britishers ( as they protested against the British empire, British exploited them by capturing their lands.)

ST are 100 million or 8 percent of population.

➤Who are Other Backward Classes?

They were not present in original Reservation Scheme .

They were added in 1987 on Recommendation of MANDAL COMMISSION. during Moraji Desai government.

They were recognized on the basis of 1931 census data - 52 percent of India's population came under this category which is more than the General Category.

OBC IS SOMEONE WHO BACKWARD TO GENERAL CATEGORY POPULATION ECONOMICALLY OR RELIGIOUSLY.

According to Article 15(4) and Article 16(4) - Reservation to Backward classes can be given disparately by central government and state government(can have different criteria).

center recognized 5000 castes as backward and state has no definition of backwardness(here corruption starts).

OBC includes Muslims and christian community too But in SC and ST only Hindu minority are included.

HISTORY OF RESERVATION AND CONTROVERSIES:-

➤1902- Shahu (maharajah of kolhapur) gave reservation to non Brahmans(50 % were reserved)

obviously he was benefited by it as he gained trust of all the non brahmin community that time.

➤1909- government of India act 1909 by Britishers provided the Real Seed of reservation - they introduced elements of reservation (DIVIDE AND RULE POLICY)

➤1932- Communal awards introduced gby PM Ramsay MacDonald to Muslim, Sikhs, Indian Christians, Anglo- Indians and Europeans. (in this few seats allocated to the ST and SC only in few constituencies on which only they could vote and can vote on the other seats too). Ambedkar and Gandhi protested against it and demanded single electorate for everyone.

➤1947-Whilst constitution was designed major initiatives were taken for SC AND ST community people.

➤1980-initiatives in favor of OBC's were taken.(as per mandal commission)

➤2019-for poor general Category (EWS CATEGORY)

➤1992-Supreme Court of India said- " Reservation could not exceed 50 percent" which was obviously violated as today it is over 50 %. Tamil Nadu government is providing reservation of about 69 % to 87 percent population of the State .

➤In 2011 , Former Union government decided to provide SUB-quota of 4.5% to OBC Muslims (as they can't compete with Hindu OBC community). Decision was taken two days before the Election Commission of India announced Assembly Elections.

SACHAR COMMITTEE was formed to analyse this case of reservation - they criticized this decision and proclaim it as this decision was taken to be fool the people.

➤In 2008 and 2010 - Gurjar Community demanded reservation - demanded to add them in ST from OBC for more benefits. Violent protests happened , 37 died.

Movement was opposed by the Meena's (main ST community in Rajasthan).

➤JATS are demanding OBC STATUS since 1990s. Violent protest happened (34000 cr - $4.8 Dollar Property destroyed)Due to pressure Haryana govt. make them Backward Class.

➤Patidar/Patel Community demanded Reservation in Gujarat (2015). Hardik Patel led them. Eventually violence happened.

➤Maratha's (dominated castes in Maharashtra) demanding OBC status since 1990s. 35 % of state population )

➤ST , SC are provided reservation in everything regardless of their economical status but in case of OBC category (Children of high officials , Civil Servants, Armed forces , trade and industrial professionals , property owners and with annual income more than 8,00,00 rupees are not considered for reservation).

RESERVATION IN EMPLOYMENT AND PROMOTIONS:-

➤1993- SC ruling in the INDRA SAWHNEY case - said reservation in Job promotion as "UNCONSTITUTIONAL". SC ordered it to remove after 5 years .

But Supreme Court guidelines were not followed instead politicians found a way to thwart the decision by amendments.

➤1995- 77th amendment - to amend Article 16 by giving 5year extension for Reservation to SC and ST in promotions. After that all governments are giving rersevation a five year extension .

➤82nd amendment - States are allowed to give SC/ST professionals a promotion . This order was challenged in the case M.NAGARAJ VS UNION OF INDIA . It was upheld by Court . Stated were asked to show BACKWARDNESS of a person then only will be allowed to give a promotion.

EVERY STATE HAS ITS OWN RESERVATION SYSTEM .

➤Women are also provided 33 % reservation in gujrat and andra pradesh government.

ITS EASY TO TALK OF GIVING RESERVATION. TO MAKE A CORRECTION IN THE ADMINISTRATION , GOVERNANCE AND REMOVING CASTE INEQUALITIES IS A HERCULEAN TASKS TO PERFORM . THUS GOVERNMENTS ALWAYS CHOOSE RESEVATION AS AN ASSET TO LURE PEOPLE SO THAT THEY WON'T LOOSE WHAT THEY LOVE MOST , POWER !!!!!!!!!!!!!