This document provides an assessment of India's reservation system after 61 years. It discusses the historical background and context for reservations, how they are addressed in the Constitution, key Supreme Court rulings, and questions that have arisen over their implementation and effects. The conclusion is that while reservations aimed to promote equality, they have instead strengthened caste divisions and become a permanent crutch rather than a temporary measure. True equality will require increasing merit for all citizens rather than relying on quotas.
Caste or Reservation: Who is damaging the society? An Analytical study of Cas...Pallavi Devi
It is no longer wise to rationalise the worst form of injustice based on caste system as a part of tradition by taking recourse to historical argument. What matters most for our present concerns for eliminating the worst form of caste-based injustice is that the particular tradition as a whole should be subjected to reasonable assessment. Reservation is a temporary and make-shift arrangement so that resources are distributed in such a way that all castes get something. Present Indian scenario specifically after independence, provides a relevant context of ever-increasing recognition and progressive understanding of democratic values and the ideal of equal dignity of all human beings. This paper attempts to discuss the following points.
1. Reservations should not be mixed up with the welfare activities of the state.
2. Reservations are not meant for conferring benefits to the poor.
3. Caste is what primarily damaging the society not the reservation
Caste or Reservation: Who is damaging the society? An Analytical study of Cas...Pallavi Devi
It is no longer wise to rationalise the worst form of injustice based on caste system as a part of tradition by taking recourse to historical argument. What matters most for our present concerns for eliminating the worst form of caste-based injustice is that the particular tradition as a whole should be subjected to reasonable assessment. Reservation is a temporary and make-shift arrangement so that resources are distributed in such a way that all castes get something. Present Indian scenario specifically after independence, provides a relevant context of ever-increasing recognition and progressive understanding of democratic values and the ideal of equal dignity of all human beings. This paper attempts to discuss the following points.
1. Reservations should not be mixed up with the welfare activities of the state.
2. Reservations are not meant for conferring benefits to the poor.
3. Caste is what primarily damaging the society not the reservation
Caste based reservation earlier granted to SC/ST and later extended to OBC and new demand for inclusion of other communities like JATs in Haryana has literally spit the country and needs to be readdressed. I have just picked up few articles from the net for benefit of all aspirants for competition in India.These are not my views.
A presentation on policy of reservation (a legacy of British that has done mo...Mayank Shekhar
Presentation on Indian Policy of Reservation covering the detailed analysis about how and why it was introduced in India and how Britishers are related to it. Reservation Policy in India is the most criticized policy currently in India. It should be discontinued because of several reasons mentioned in some of the slides of the presentation.
Minority groups and other marginalized groupsSekar Subramani
this speaks about the minority groups and other marginalized groups which is a topic under social problems lesson in sociology.
this tells you the article given for the minority groups
Supreme Court order on disabled persons term.pdfMussabIqbal
The argument of the petitioner that in case the said seats are not filled by PWDs and the Non-Muslim minority in a particular year, the said seats should be opened and made available to general quota. This is not permissible as it would offend constitutional values, fundamental rights and the Principles of Policy as discussed above.
It has been about seventy years since India has attained independence and about the same time that, we have been a republic nation. Our constitution gives us the right to freedom and most importantly to exercise this freedom in an equitable manner. At the same time it is mandatory on the part of the state to ensure that equality prevails in all sections of the society. However, the argument was, that India was not yet free from the bonds of social evils like caste and religion discrimination, untouchability etc. To counter this the government drafted laws regarding the controversial reservation system in the constitution. These laws were to act like an equalizer in the field of play. Now the question that lies in front of us is whether implementing this reservation system has really helped the downtrodden or has it given the oppressed, or rather the ones who claim to be oppressed an undue advantage?
Caste based reservation earlier granted to SC/ST and later extended to OBC and new demand for inclusion of other communities like JATs in Haryana has literally spit the country and needs to be readdressed. I have just picked up few articles from the net for benefit of all aspirants for competition in India.These are not my views.
A presentation on policy of reservation (a legacy of British that has done mo...Mayank Shekhar
Presentation on Indian Policy of Reservation covering the detailed analysis about how and why it was introduced in India and how Britishers are related to it. Reservation Policy in India is the most criticized policy currently in India. It should be discontinued because of several reasons mentioned in some of the slides of the presentation.
Minority groups and other marginalized groupsSekar Subramani
this speaks about the minority groups and other marginalized groups which is a topic under social problems lesson in sociology.
this tells you the article given for the minority groups
Supreme Court order on disabled persons term.pdfMussabIqbal
The argument of the petitioner that in case the said seats are not filled by PWDs and the Non-Muslim minority in a particular year, the said seats should be opened and made available to general quota. This is not permissible as it would offend constitutional values, fundamental rights and the Principles of Policy as discussed above.
It has been about seventy years since India has attained independence and about the same time that, we have been a republic nation. Our constitution gives us the right to freedom and most importantly to exercise this freedom in an equitable manner. At the same time it is mandatory on the part of the state to ensure that equality prevails in all sections of the society. However, the argument was, that India was not yet free from the bonds of social evils like caste and religion discrimination, untouchability etc. To counter this the government drafted laws regarding the controversial reservation system in the constitution. These laws were to act like an equalizer in the field of play. Now the question that lies in front of us is whether implementing this reservation system has really helped the downtrodden or has it given the oppressed, or rather the ones who claim to be oppressed an undue advantage?
Reservation - a boon or bane for us ? The society battles with number of rising demands for the same . Is it time we think something for the greater good ? Can we push ourselves to some large boundaries ?
Inclusive education-issues in inclusive education-how to create inclusive education-role of family in inclusive education- role of teachers in inclusive education-role of authority in inclusive education-inclusive education and curriculum-barriers before inclusive education
Collapsing Narratives: Exploring Non-Linearity • a micro report by Rosie WellsRosie Wells
Insight: In a landscape where traditional narrative structures are giving way to fragmented and non-linear forms of storytelling, there lies immense potential for creativity and exploration.
'Collapsing Narratives: Exploring Non-Linearity' is a micro report from Rosie Wells.
Rosie Wells is an Arts & Cultural Strategist uniquely positioned at the intersection of grassroots and mainstream storytelling.
Their work is focused on developing meaningful and lasting connections that can drive social change.
Please download this presentation to enjoy the hyperlinks!
This presentation, created by Syed Faiz ul Hassan, explores the profound influence of media on public perception and behavior. It delves into the evolution of media from oral traditions to modern digital and social media platforms. Key topics include the role of media in information propagation, socialization, crisis awareness, globalization, and education. The presentation also examines media influence through agenda setting, propaganda, and manipulative techniques used by advertisers and marketers. Furthermore, it highlights the impact of surveillance enabled by media technologies on personal behavior and preferences. Through this comprehensive overview, the presentation aims to shed light on how media shapes collective consciousness and public opinion.
1. SIXTY- ONE YEARS OF RESERVATION
- AN ASSESSMENT -
PRESENTED BY
ROOPESH, PROMAD,
AMIT, DAKSH TYAGI
STUDENT OF FRANKFINN
SOUTH X DELHI
2. ACKNOWLEDGEMENT
I WOULD LIKE TO EXPRESS MY SPECIAL THANKS OF
GRATITUDE TO MY TEACHER DEEPSHIKA MAM, WHO
GAVE ME THE GOLDEN OPPORTUNITYTO DO THIS
WOUNDERFUL PROJECT ON IN DOING A LOT OF
RESEARCH AND I CAME TO KNOW ABOUT SO MANY
THINGS I AM REALLY THANKFUL TO THEM.
3.
4.
5.
6.
7.
8. Reservation…. from a temporary support to
permanent crutches
SIXTY- ONE YEARS OF AFFIRMATIVE
ACTION
- AN ASSESSMENT -
Reservation…. From exception to Fundamental
Right
9. What is the true mandate provided by the Constitution?
How long is it justified to provide benefit for oppression that took place
centuries ago?
To what extent can merit be ignored in the process?
How long can the violation of right to equality of the members of forward
communities due to reverse discrimination be ignored in this process?
Whether Reservation has helped in uplifting the Backward classes?
QUESTIONS WHICH ARISE
10. HISTORICAL BACKGROUND
Reservation for backward classes was prevalent since 1902 when the first GO for the
welfare of depressed classes in India was passed.
India was a country with a very rigid caste based hierarchical structure where the higher
castes enjoyed most of the benefits while the lower castes were looked down upon by
the higher castes.
Indisputable mutuality between social hierarchy and economic position.
Fusion of social status and economic power.
In 1947, majority of the population was backward which were thereafter classified as
SC, ST and OBC.
If poverty be the cause of backwardness… caste was the index of backwardness.
11. WHEN THE CONTITUTION WAS FARMED……
Framers took forward the interest of the Backward Classes by inserting several
provisions to promote equality.
Article 46 : to promote educational and economic interests of Scheduled Castes
(SC), Scheduled Tribes (ST) and other weaker sections of society.
Article 14 : to provide equality before law and equal protection of laws.
Article 15(3) : enabling provision to provide for special provisions in case of
women and children.
Article 16(4) : to provide for reservations of appointments or posts in favor of
backward class of citizens if they are not adequately represented in services under
the State.
12. In the Indian scenario, it resembles the story of “The Wolf and the Lamb” in
Aesops Fables.“If you were not born at that time”, said the Wolf, “it must have
been your father”, and proceeded to gobble up the Lamb.
The fundamental law is forgotten that … “none should be punished for the
supposed or actual sins of the ancestors.”
For how long the sins (i.e. the discrimination practised by them) of the
generations of the forefathers in the higher castes should be expiated by the
future generations.
Sixty one years have passed but still officially there is not even a single
community that has crossed the barriers of backwardness with all the aid
provided by the policies under Affirmative Action.
13. JUDICIAL INTERPRETATION
M.R. Balaji v. State of Mysore, AIR 1963 SC 649.
T. Devdasan v. Union of India, AIR 1964 SC 179.
State of Kerala v. N.M. Thomas, AIR 1976 SC 490.
A.B.S.K. Sangh v. Union of India, AIR 1981 SC 298.
M.Nagaraj v. Union of India, (2006)8 SCC 212.
14. RESERVATION FOR WHOM?
Anjan Kumar v. Union of India (2006)3 SCC 257
In this case the Court advances two parallel grounds of reasoning-
That reservation is given to a person because of the disadvantages he has faced in
life.
That he is given the benefits for the disadvantages suffered by the community to
which he belongs.
The two aforementioned reasons have completely different repercussions. While
Affirmative Action for the first group is justified, in the second case no affirmative
action is required as the person was himself under no disability.
15. WHERE JUDICIARY ERRED…
PRESENT SCENARIO IN INDIA HAS BEEN IGNORED
Whereas it is true that 60 years ago almost all the families of certain communities
were backward but presently backwardness and poverty are not restricted to
communities.
INTENTION OF FRAMERS HAS BEEN NEGLECTED
Article 16(4) provides for reservation for any backward class of citizens. For SC and ST
reservations are provided under Part XVI because framers of the Constitution
envisaged a reservation in representation for these communities.
EXPRESS MANDATE OF THE CONSTITUTION HAS BEEN IGNORED
Mandate provided by express words of Constitution through Article 16,46 and 335 has
been ignored.
16. EQUALITY CANNOT BE ACHIEVED BY COMPROMISING WITH MERIT
Any compromise in merit by providing reservations in employment or for that matter
even in places of higher education can never lead to equality because of the
inherent assumption that the communities are backward and cannot possess merit
equivalent to other communities.
CONSEQUENCE OF SUCH AN INTERPRETATION
Creation of a group which was backward in ancient days, is treated as backward
now, with an assumption that they will always remain backward.
This scenario was never anticipated by the founding fathers of our Constitution and is
completely against the cherished principle of equality.
17. RESERVATION…FROM A TEMPORARY SUPPORT TO PERMANENT CRUTCHES
Reservation policy which was designed to be a temporary support has turned out
to be permanent crutches and is the biggest obstacle in achieving the
cherished goal of equality.
HOW FAR IS REVERSE DISCRIMINATION JUSTIFIED?
There are people from other communities who are deprived of jobs despite of the
merit and qualifications they possess. They might not be economically or
socially well off. In such a scenario, what is the fate of the Constitutional
guarantees provided to them. How long can they be deprived of their rights in
order to promote the interests of other communities.
18. STRENGTHENING OF CASTE SYSTEM
Caste disparities which were forgotten in the struggle for Independence came
back with a bang due to reservation policy, judgments of the Supreme
Court and the reports of the various Commissions This policy has
strengthened the caste system instead of removing the inequalities
prevalent in the society due to the caste system.
STRIVE TO BE DECLARED AS BACKWARD
People strive to be declared as backward just to avail the benefits of the
reservation policies. So, instead of promoting equality it has started a new
battle between various communities to be declared as backward and to
avail the endless benefits which follow.
19. CONCLUSION
Reservation is not a complete or even a real solution of the problems of Scheduled
Castes or the Backward Classes. What is more important is their economic and
educational upliftment which can be achieved only by increasing merit and not
merely by providing for reservations.
Without merit which comes in the form of education they are not in a position to
utilize the opportunity being given to them under the scheme of affirmative
action.
Reservation should be provided when even after equal merit they are unable to
enter into services due to some kind of discrimination or disability.
Reservation as a means of affirmative action has outlived its importance as the
goals framed during the debates in Constituent Assembly have still not been
achieved even after 64 years of independence.
20. Government needs to formulate an effective policy to achieve the desired goal of
“equality of all citizens” in society which can be done not by providing illusionary
equality but equality which will be achieved by increasing merit and enabling all
the citizens to stand on the same field and compete.
To achieve this aim there is no other way but to increase the merit and efficacy of
“any backward class of citizen” in India. Once this equality of merit and
competency is achieved, the cherished goal of equality in all other walks of life be
it educational, economical or political will follow.
Reservation is therefore an antithesis to the principle of equality and can never
promote equality. This is substantiated by assessing the Affirmative Action
programme in India for the last 60 years.