Written By: Nidhi Chandra
Is there a need to ponder upon reservation policies for Schedule Caste, Schedule Tribe and other backward classes in India?
Whenever the question of reservation appears we Indians are at the extreme. Those who advocate the concept of reservation basically talks about the existence of inequality in our society and how reservation can curb that. It has always been argued that if unequals are treated at par with equals then it will result in a violation of Article 14 of Indian Constitution latter part. On the other hand, those who are perturbed with the concept of reservation support their views on many points such as the killing of merit, injustice to upper caste etc. This is the time that both groups should realize that it’s not a correct time to be immoderate. I can flagrantly argue that none of the political party has the courage to eliminate the provisions with regard to reservation in our Constitution. Youngblood of the country has to realize that concept of reservation is not wicked rather its implementation is. Seeing an individual as a topper of Union Public Service Commission other competitive exam is not disheartening but their taking benefit of reservation is. If one belongs to the poor scheduled caste family then qualify the exam people would never be bothered and in fact, they will applauded.
Now Government and others working in this field have to look whether we need any change in the form of reservation or not. The author believes that reservation should be there in Indian society as across the world we are the only one who is having Varna system. We have four Varna namely the Brahmins: priests, scholars, and teachers, the Kshatriyas: rulers, warriors and administrators, the Vaishyas: merchants, the Shudras: laborers and service providers. The last Varna, we have not considered them even as human beings and denied rudimentary human rights. Such a pathetic situation even exists after 70 years of Independence in many parts of the country. Supreme Court of India has vehemently supported all the constitutional amendment with regard to the reservation. It has categorically mentioned that reservation policy will be there in India till this distinction is there in our minds. Instead of dwindling, unfortunately, this discrimination in our mind is increasing and the credit goes to the reservation system. Sorry I will correct myself it’s not the concept of reservation rather the implementation of reservation policy which is enhancing the discrimination. If the needy will get the benefit of reservation in Schedule Caste, Schedule Tribe and Other Backward Classes then people will not have much problem as they have today.
Two students one from General Category and other from reserved studying in the same convent school and from similar economic status, reserved category getting admission in IIT’s and other despite scoring more marks than him getting none, this is really disheartening and it will surely bring aversion. So this is to be checked. Supreme Court has done a very progressive interpretation by bringing the concept of creamy layer in Other Backward Class. Such thing should also be brought in Schedule Caste and Schedule tribe reservation at least children whose parents are class –I officer or whose both parents are class –II officer they should not get the benefit. Another thing which I am continuously referring to is the implementation of reservation policy. One thing which needs to be done specifically in OBC’s reservation is to check whether certificates made by the officer are genuine or not, whether they have properly inquired about the economic status of a person or not. If without checking they are making certificates then they should be punished as when there will be deterrent effect they will be more sincere. Other suggestion is to the people, especially RTI activists, whenever results are out then inquired from the Commissions about the economic status of the selected candidate in the reserved category (non-creamy layer). Commissions should also be more transparent whenever they are declaring results, they should specify the status of the family, what position their parents hold etc.
Lastly, I would also like to suggest that they should have some mechanism through which they can receive a complaint against the persons who are by fraud taking benefit of reservation. Though I cannot guarantee that by these means all extremists will be changed but at least few will. When it’s not possible to remove something at least we can improve it. And another judgment like Indra Sawhney and others v. Union of India and others (1993) is need of an hour.