The reservation system in India witnessed intense debates and discussions over the last 78 years of independence. Reservation in the form of quotas existed even during pre-independence to leverage abolishing untouchability. Several reservation laws were introduced after independence to serve the underprivileged people and to assist in their growth, safeguarding them from class and caste discrimination. Nonetheless, now centuries later, does ‘reservation’ still hold the same value or has it become like any other pre-colonial law which no one bothers to change?
The reservation system in India was introduced as a means to uplift the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), who faced centuries of discrimination and socio-economic disadvantages. The Indian Constitution, through Articles 15(4), 16(4), and 46, provides for the reservation of seats in educational institutions, government jobs, and legislative bodies to these communities.
Like every particular matter has its own pros and cons, ‘reservation’ too have shown its potential. While the reserved categories are gaining from endless opportunities, the unreserved category suffers in extreme competition.
Reservations are important, for those who are actually in need. Introducing the Economically Weaker Section (EWS) quota in 2019 can be considered one of the primary verdicts, securing major sections of people who require the status and privileges for their welfare needs. They need to be addressed more than the caste, class and religion-based reserved categories.
Caste plays a major role in politics, because people's access to power has historically been greatly influenced by the caste system. Practise of vote bank politics has a lot to deal with reservations. Politicians target sections of reserved communities to garner votes and they have been exercising power over a long period of time, hence ‘reservation’ has become a sensitive topic in contemporary times. Politicians are often afraid to address these sensitive issues for fear of losing votes.
Presently, increasing quotas for reservation in major states is not only affecting the education and employment scenario but has also led to immense conflicts and social issues over the country.
Manipur experienced ethnic conflict for over a year now, riots leading to consistent civilian unrest. All of which goes back to a move to accord ST status to the majority Meiteis. Students in various institutions constantly face issues during admission, especially the unreserved students. A lot of students are depressed and claim that because of reservation they are losing seats, contending ‘marks have no value’ while the tight battle of competition still goes on. This results in migration abroad for a career and settling for employment later.
Critics argue that reservations should be based solely on ‘economic factors’ rather than ‘caste’, as it would target those truly in need. Because, as years pass by, there have been innumerable covert cases of people from both reserved and unreserved categories exploiting the resources for their advantage in the field of education, employment and other such aspects. Some of these cases happen because:
Individuals from higher castes or from affluent backgrounds falsely claim to belong to Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Classes (OBCs) to avail reservation benefits meant for historically disadvantaged groups. There have been instances of forging or manipulating caste certificates to falsely claim eligibility for reservation seats.
Families underreport their income to qualify for 'creamy layer' exemptions, allowing their children to access reservations even when they exceed the financial eligibility criteria.
In the recent judgement of the E.V. Chinnaiah vs State of Andhra Pradesh case, the Supreme Court held that the SC/ST is a homogenous group in itself and that there can be no further sub-classification within it. The Bench, led by Chief Justice of India D Y Chandrachud, ruled 6:1 to allow states to establish sub-categories under the SC and ST categories in order to provide the most underprivileged people within these categories with further safeguards through a set of sub-quotas. This nullifies the ruling made by the Supreme Court in E V Chinnaiah v State of Andhra Pradesh (2004), wherein the court determined that the SC/ST list is a "homogenous group" that cannot be further subdivided. According to CJI D.Y. Chandrachud, such sub-classification does not violate Article 341(2)'s reverence or the equality principle inherent in Article 14 of the Constitution. The ruling makes it abundantly evident that "quantifiable" and "demonstrable data" that distinctly show the under-representation of the affected group must serve as the foundation for sub-classification.
The historic ruling by the Supreme Court permitting states to divide Scheduled Castes (SCs) into smaller groups for the purpose of reserving would have a profound impact on India's social and political climate. However, conflict among Dalits has resulted from the quota policy's uneven benefits to different sub-castes. Concerns about unfairness have long been voiced by communities including the Madigas in Andhra Pradesh, Telangana, and Karnataka; the Arunthathiyars and Chakkiliyans in Tamil Nadu; and the Valmikis and Majabis in Punjab.
The court also emphasised the need for states to identify and exclude the "creamy layer" within SCs and STs from reservation benefits. This decision has gained tremendous support from the masses and hopefully more such fair judgements will escalate its positive impact in future.
Malpractices like concealment of actual income details and making fake certificates to secure benefits under reserved categories has been prevalent since a long time, but are often overlooked. Is the government to blame or are the citizens ever going to correct themselves in order to prevent injustices and stand against the true discrimination?
Reservation for a particular religion or culture goes against the very fundamentals of secularism and equality. It should be solely based on economic backwardness and shall be verified throughout.
Established for addressing historical injustices and enabling equal opportunity for the marginalised communities, ‘reservations’ have been an integral part in shaping this country’s socio-economic landscape. However, with changing times and evolving socio-economic conditions, the question arises, whether there is an urgent need for reforming reservation laws in India today? And if yes, then why don’t the criteria of reservation change from caste-based quotas to standard income-based quotas so as to ultimately implement the reservation laws rightfully in order to achieve proper equality in the country.
(All thoughts and views expressed are the author's own.)
