Reservation in promotion of Schedule caste and Schedule tribe.

Author :- Shweta Pathania 

“Reservation is not Poverty Alleviation programme Reservation is Nation building process.”

The bible of the India “The constitution” binds the people of India together in robust ties maintaining the same the government had put into force many provisions observed through amendments. So residing in country like India where emphasis is given on “unity and diversity” we can’t lead a major portion of our country to face the repercussions of historical oppression and hate crimes. So the provision for reservation got here to furnish justice to such people.

Why caste based reservation?

                             And

Why reservation not on Economic basis?

To reply this query we should first apprehend why the want for the reservation has arisen. Reservation is based on the notion of equal representation moreover it is being used as a strategy or as a compensatory exercising to overcome discrimination and exploitation brought about by means of caste device and caste hatred towards the SC, ST and OBC’s. The exploited disadvantaged caste were denied any kind of sovereign, socio-economic, political and spiritual rights. They were denied any customary rights and even educational institutions have been closed for them. They were pressured to live in small segregated and unhygienic condition.

Example: Even nowadays if one has been raped or one is not allowed to enter in temple or mosque or one is now not allowed to function the last rites of his family member due to the fact he belongs to a particular caste or sub-caste. From such atrocities the backwardness of such a populace can be estimated. So in order to compensate and overcome the disabilities for the historical denial castes and have shield in opposition to caste exploitation the solution has to be designed on the basis of caste only.

Harmful consequences of the practise of Untouchability-

Untouchable encompass person who:

1) Decompose dead animals.

2) Work as a manual scavenger.

The corrupt exercise of untouchability has segregated our society and also resulted in division of society into ‘pure’ and ‘impure’ groups. The factors ‘purity’ and ‘pollution’ have been temporary at Varna system, grew to become permanent beneath the caste system and from here itself untouchability emerged. Because of the consistent practice some multipotential people are deprived of possibility at one-of-a-kind stages and this has resulted the wrong people in unsuitable occupation, also the Nation has been deprived of making use of such talents.

National Crime Records Bureau data: Insults and humiliation made up 50% of crimes against Dalits. Country wide 43,203 cases of atrocities against Dalits were reported in 2017, about 6% more than in 2016.Cases preventing a Dalit from using public space and social boycott were reported from Maharashtra, Himachal, Punjab, UP

Champakam Dorairajan case AIR 1951 SC 226:

The Supreme Court held that whenever there will be a conflict between the part III and part IV of the constitution. Part III will always prevail.

• So, now here the question arises whether special provision under article 46 shall be given?

If we look back during the time of independence approx. 22.5% belonged to the SC, ST and in the race for development they have been felt far behind. So, Dr BR Ambedkar said for the reservation for “level Playing field” i.e equality. So, the special provisions under article 46 was giving “level Playing field”.

• Another question arises on which basis the weaker sections defined?

As the weaker sections could include the children, old people, and financially weaker people.

1st constitution amendment act 1951: inserted article 15(4) according to which the state can make special provisions for SC, ST and backward classes of society.

Government Action on Kalelkar commission report

Census:

Comparison of list of OBCs by various state government and those prepared by Kalelkar commission:

 Name of state   Commission list   Government list

1) Haryana                   88                           64

2) Tamil Nadu            156                         124

3) UP                          120                           56

4) Kerala                      48                           76

5) Himachal Pradesh    27                           48

6) Assam                      44                          119

7) Karnataka                 64                          181

8) Andhra Pradesh        124                           95

Reason for disparity in the list is the state government prepared list on the basis of field survey and investigation while on the other hand the commission mostly borrowed the list prepared by the ministry of education. So the commission recommendations were rejected by the government.

Role of caste in politics: As quoted by the scholar Rajni Kothari ‘it’s not politics that gets caste ridden, it is caste that gets politicized’.

In society such as India the caste has become the primary channel through which the parties secure their position and vote within the political system. People belonging to a specific caste play a key role to decide for the candidate in an election representing their respective caste intention in the lower back of is that the chosen candidate will work in the path of the betterment of their community.

Example – 1971 elections was completely on the basis of support from the caste who aligned together and voted for the Congress.

Creamy layer should be adopted in SC and ST??

 If a person is financially affluent then it does not mean he will not be discriminated on social and caste grounds.

Example -On 18, March 2018 Jagannath temple priest in Odisha raised robust objections closer to the President Ram Nath Kovind entry into the temple as he comes from the depressed class.

Judicial Pronouncement:

Jarnail Singh V lachhmi Narain Gupta on 26th September 2018 : M Nagraj case reviewed in this unique case. The Supreme Court positioned that due to the reality the SC and ST are presumed backward so there is no such requirement through capability of the authorities to acquire quantifiable facts for providing them quota in promotion.

Chebrolu Leela Prasad Rao V State of Andhra Pradesh on 22nd April 2020: The Supreme Court held that a 100% reservation unconstitutional as it was as soon as discriminatory in the path of no longer in reality open category candidates alternatively moreover in opposition to agenda caste and different backward classes. Judgement surpassed through a 5 judge constitutional bench headed by way of Justice Arun Mishra quashed the authorities order issued with the aid of the governor of Andhra Pradesh had allowed a 100%reservation.

Critical Analysis:

The integral cause of reservation is moving in the contrary direction someplace demarcating the society. An eligible candidate need now no longer to exhibit his calibre with the aid of means of a mere certificate of being from lower or backward caste. Through his ability and credibility to compete he can lift change in his life. Grabbing a job via in simple phrases exhibiting underneath privileged certificates may additionally now not get them somewhere and in a roundabout way it will make a contribution to promote reservation.

The Present Status

To restore that it was once thinking to provide reservation for a tremendous duration of time to certain segments of people an greater gain for their upliftment and betterment so that they can live with dignity and ought to stage up with the leisure of society. Unfortunately the vision with which this workout used to be started has now stopped handing over the liked effects. The truth that reservation has flip out to be a provision for political activities for their vote banks additionally cannot be ignored.    

According to the 2011 census about 79.5% of SC/ST people live in rural areas and rest 21.5% in urban areas. Thus the 21.5% of them are benefited from this policy and the rest of them who really need it are left out.

To point out the politics and the political occasions for boosting or advertising the questioning of reservation is no longer totally proper to accuse them. Because the people also need to understand. If we take an example: when a candidate stands in an election then the people have to not vote for him by searching at his caste or background. It may also additionally be doable that the deserving candidate lags behind. In return the candidate belonging to any caste not lift a caste feeling and overriding loyalty to their caste.

Untouchability continues to be practised in one shape or the different specially in the rural areas of the country there have been conditions of discrimination in opposition to the SC’s they are still oppressed and facing the repercussions of history where the privileged class act as a barrier for their mobility in socio-economic ladder. In some places they are compelled to pursue their age historic unclean occupations due to socio-economic reasons. The untouchability offences act which offers for imprisonment and punishment who practise discrimination is usually on newspaper and other social networking sites mainly in rural areas.

Conclusion:

If the reservation policy continues to run like this, it will soon end up a discriminatory process. The policy needs to be review every year and a survey be conducted to find out whether the simply needed ones among the” backward” are getting benefited. It is additionally a responsibility of SC and ST members that if any-one unique vicinity among them is getting the gain of reservation from generation then this gain must be given to barring a doubt indigent ones. Because, it can also be additionally possible that among them the virtually needy are even now not conscious about the benefits.

The want is now not only for financial equality, there is a lot of need for mental change, and for this education is most essential it can be only feasible via education that basic human values are inculcated. Awareness at a huge scale has to be organized through mass media spreading focus on education and about the reservation policy. The so-called upper castes also need to make a contribution by way of helping the backward castes to achieve the essential flow of society through encouraging them to increase their moral. In case of any sort of discrimination with the backward classes the upper castes ought to come beforehand and protest against it. There is additionally a want the people belonging to the SC and ST need to come forward and say that they are self-dependent and competent enough that they no longer need any reservation.

Reservation is a systematic problem functional at a big scale and it can be solved solely at a systematic stage with the aid of addressing the inequality. This means that it is the moral responsibility of the system itself to correct for its incompetence.