Mahadeep Singh Jamwal
A recently delivered judgment by The Honorable High Court of Jammu and Kashmir has triggered a cold controversy on ‘Reservation in Promotions’, in the serving fraternity, out of service category and common man of the society. This is not the judgment delivered by any Court for the first time on the issue. Un-called views are discussed and debated in the open and in the closed doors. The matter is very sensitive in its nature, as it is creating a wedge between two sections of the same society, both in the ‘in-service employees’ as well as ‘out of the service’. It is dividing Indian society on the name of caste, religion and gender. Before elaborating on the issue, let us go to the basic concept and origin of reservation.
A common form of caste discrimination in India was the practice of untoouchabelity, which is outlawed by the Constitution of India and it has provided measures for positive discrimination in both educational institutions and public services for Dalits and other social groups. If we track down the history of seeking equal rights for the people of lower castes, Jyotirao Govindrao Phule , born on 11th April 1827, in a ‘Mali Caste’ (Mali derived their name from the profession of growing flowers as gardeners) is most known as an Indian social reform activist for his efforts to educate women and the lower castes as well as the masses. In September 1873 he along with his followers formed the ‘Satyashodhak Samaj’ (Society of Seekers of Truth), to attain equal rights for peasants and people from lower castes. In 1901 Chatarpati Sahuji Maharaja of Kolhapur in Maharashtra introduced reservation in favour of Non-Brahmins and backward classes as early as 1902. This is the first official instance (Government Order) providing for reservation of depressed classes in India. In 1908, reservations were introduced in favor of a number of castes and communities, that had little share in the administration by the British. There were other reforms in favour of and against reservation before the Indian Independence itself. The Prime Minister of Britain, Ramsay Macdonald introduced ‘Communal Award’, according to which separate representation was to be provided for different peoples of caste, such as forward class, lower class, Anglo Indians, Indian Christians, Muslims, Buddhists, Sikhs and untouchables etc. The text uses the term ‘depressed classes’ to denote untouchables, were later called as Scheduled Classes and Scheduled Tribes, under India Act 1835, and the later Indian Constitution 1950. ‘Communal Award’ was opposed by M.K Gandhi, on the ground that it will disintegrate Hindu society and he went on hunger strike, while in Yervada Jail. It was supported by many among the minority communities, most notably the untouchable’s leader Dr. B. R Ambedkar. Lengthy negotiations culminated to reach on an agreement known Poona Pact signed by Pt. Madan Mohan Malvia and some Dalit leaders on 24th September 1932. According to Poona Pact, it was agreed that there shall be seats reserved for the depressed classes out of general electorate seats in the pProvincial legislatures, in the central legislature 18 per cent of the seats allotted to the general electorate for the British India in the said legislature shall be reserved for the depressed classes and every province out of the educational grant, an adequate sum shall be ear-marked for providing educational facilities to the members of depressed classes. We must accept that depressed class was really lacking facilities for their uplift, whatever may be the reasons, the reservation provided was the real requirement at the time India gained independence and as such the Constitution makers envisaged reservation policy as a temporary measure to unable the weaker sections to come to a certain benchmark of advancement
Reservation is a privilege and not the right. Reservation means process of facilitating the person in education, scholarship, jobs and in promotion. The primarily stated object of the Indian Reservation System is to increase the opportunities for enhanced social and educational status of the under privileged communities and thus uplift their life style to have their place in the main stream of Indian society. In 1982, Constitution specified 15 per cent and 7.5 per cent of vacancies in public sector and government aided educational institutions as a quota reserved for the Scheduled Castes and Scheduled Tribes candidates, respectively for a period of five years. The reservations routinely extended by the succeeding governments in spite of observations of Apex Court comprising of nine Judges in case Indra Sawhney and others Vs Union of India. In the matter of reservation in promotion it was held that “Reservation of appointments or post under Article 16(4) of the Constitution is confined to initial appointment only and cannot extend to providing reservation in the matter of promotion”. Caste is arguably single biggest factor having influence in Indian politics since independence.
The ‘Reservation Resentment’ is not newly born baby but dates back since independence. In 1961 in a letter to all Chief Ministers, Pt. Nehru has said, ‘The perception that reservation for a few is denying opportunities to bigger cohorts is fuelling resentment against the beneficiaries of the system and widens the gaps between communities. Let us help the backward groups by all means, but never at the cost of efficiency”. This concept of Pt. Nehru was basically an indicator not to prefer inefficient over the efficient by way of reservation in promotion but to adopt measures to uplift this class, making them self sufficient and able to compete with other members of the same society. The reservation in promotion diminish the instinct in a person to do in a better way , to prove his efficiency to its full potential to secure the promotion, if otherwise it becomes available like an easy cake without any toil. While showing his willingness to contest Lok Sabha elections from un-reserved seat, once Ram Vilas Paswan, a Dalit leader said that the “Caste reservation has brought us down on crutches. It does not; let us realise our full potential”.
Time and again demands, agitations, rulings and constitutional amendments have been handed down, but all these fail to reconcile the widening gap, which has emerged due to this highly debated topic of reservation both at the entry level and in the promotions in the government services. Broadly speaking the reservation has positive and negative effects, on both the sections of the society, at present across the lines on this issue. The effect of reservation on three basic categories of economic sections, on both classes can be summarised as; 1. Rich people of upper caste do not bother about reservation. 2. Middle income upper caste, reservation is bane for this class. 3. Lower income upper class, is biggest sufferer of reservation system. 4. Rich people of reserved class use reservation system for their own selfish reasons. 5. Medium income with lower caste, reservation system is boon for this class. 6. Lower income in reserved category, these people require actual benefits of welfare measures.
We fully agree that this section of society remained highly depressed and owing to negligible facilities, failed to cope up with other sections of society prior to the adaptation of Constitution and deserve to be given extra benefits over other caste people in all walks of the society. Now let us have first hand information of measures undertaken by the Central Government after shifting to the reservation policy;
(To be continued)
