Reservation Policy for Backward Classes in India -Kruti Dholakia India -"Hindustan" literally means the land of Hindus.

It is a secular nation since 1950. Officially, there is no place for religious, cultural or caste segregation in the society. However, the framers of the Indian Constitution decided to give special benefits to the backward classes and women by forming a reservation policy that was included in the Constitution itself. This paper tries to look at this policy and how it has progressed in the last 52 years, and analyze its effectiveness and implications. HISTORY India was a country with highly rigid caste-based hierarchal structure, with ascending order of privileges and descending order of disabilities, which operated for about 3000 years. There was an overwhelming majority in the nation that was still backward socially, economically, educationally, and politically. These victims of entrenched backwardness comprise the present scheduled castes (SC), scheduled tribes (ST) and other backward classes (OBC). Even though, these classes are generically the "Backward Classes, the nature and magnitude of their backwardness are not the same. After achieving independence from the British in the late 1940s, it became a democratic and egalitarian nation. It was imperative at that point to establish a code for the political, economic, and social structure. The Constitution, established in 1950, strove to do the same. The STs were the tribes that had not confirmed to Hinduism in the historical perspective and lived animistic lifestyles. SCs were the lower castes in the caste-hierarchy of the Hindu culture. The Constitution directs in its Article 46 that the state shall promote with special care the educational and economic interests of the weaker sections of the people, in particular, of the SCs and STs, and shall protect them from social injustice and all forms of exploitation. Central to this directive, and other related provisions is reservation, which is a package of constitutional provisions and their intended follow-up programs for the social advancement of the weaker sections. In the Indian context, reservations were introduced during the last decades of the 19th century at a time when the subcontinent could be broadly divided according to two main forms of governance British India and the 600 princely states. Some of these states were progressive and eager to modernize through the promotion of education and industry and by maintaining unity among their own people. Mysore in south India and Baroda and Kolhapur in western India took considerable interest in awakening and advancement of the minorities and deprived sections of the society. It should not surprise us then that the very first records of implementing reservations policies are from these princely states.

When English was introduced as the official language, the upper and monetarily well off classes decided to go into law or civil service. The untouchables, or the repressed classes had joined the presidency armies and fought battles under the command of British officers. They had contributed a great deal towards the creation of the British Empire. The untouchables were asking for concessions and facilities for their upliftment and had not organized themselves as a political force. It was with the arrival of Ambedkar that they acquired a leader of stature and education who could make a political difference. CONSTITUTIONAL PROVISIONS The framer of the constitution of India was Ambedkar and hence made certain arrangements for the backward classes to allow them to enjoy a humane lifestyle and for their upliftment. The reservations for the backward classes are of three broad categories: political, educational and employment. For the first, the Constitution provides for reservation of seats in proportion to their numbers for the SCs and the STs in the Lok Sabha (The Lower House) in its Article 330, and in the Vidhan Sabha (The Upper House) in Article 332. These provisions do not exist for the OBCs, which indicate that the principal categories for the affirmative action are the SCs and STs according to the Constitution. For the second, an implication exists in the constitutional provision - Article 15(4), which allows the state to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the SCs and STs. For the third, the constitutional provisions as modified and simplified from time to time are the Article 16(4), Article 16(4A), Article 16(4B), Article 335, and Article 320(4). These articles provide explicitly for reservation in educational institutions for the backward classes and the authority of the state to make any required changes with time, as required. CURRENT SITUATION As of now, the total reservation quota stands at 45% in many states of India and this includes the SCs, STs, and the OBCs. The trend seems to have shifted to reverse discrimination rather than mere affirmative action. Some backward class elites have gained political and/or economic power based on this reservation. However, a majority of the backward classes is not living any differently than before. Their subsistence is meager and rural lifestyles do not provide them with any of the benefits. Thus, a distinct economic class system exists within the backward classes. Since economic status is not a test used, undeserving people gain the advantages and the deserving ones are still without a significant change in their situations. This sorry state of affairs is a result of political factors and the social policies existing in a society in which, the old caste prejudices and discriminations. Those who are loud in their criticism of reservations invariably belong to the dominant groups, who have been enjoying the benefits of, if not a monopoly over, education, wealth, land, and public

services in India. On the other hand, the worst victims of the condemnation, persecution and exploitation of contemporary society have been the untouchables, unseeables, unapproachables, and women. As Das says in his article, There is a difference between a birds point of view and the worms point of view. The Poona Pact of 1936 gave more seats to the backward classes but transferred the right to elect their own representatives. This has caused a political pressure because the people voted out of these constituencies were unwaveringly faithful to the parties and the leaders who adopted them as candidates and funded their elections. This had far reaching effects and obstructed the progress of the backward classes in other fields too. The independent constitution of India gave reservation rights to all the minorities including backward classes in 1950, and rectified this. Reservation quotas, created with a view to giving a share to the members of the society who had been denied opportunities in the past, antagonized those sections of society, which were enjoying the monopoly of power. The Mandal Commission Report of 1991 was in favor of reservations in higher education and government services for the other backward classes of India. Angry students belonging to the Hindu upper castes, and even the Supreme Court bar association challenged and opposed the implementation of the recommendations of this commission. Even though the rights of SCs and STs had nothing to do with the subject of OBCs in the Mandal Report, certain items affecting them were included as issues in a writ petition filed in the Supreme Court. In spite of all oppositions to the Mandal, reservations in favor of OBCs were upheld to the extent of 27 per cent. Thus, the reservations offered to the SCs and STs were extended to OBCs at a national level in 1993. It is interesting to note at this point that Christians, Moslems, other religious minorities and women are still not given a specific reservation quota on a national level, even though a lot of states offer incentives to these people. The current slogan in India seems to be abolish reservation because merit and efficiency are in danger. PROPOSAL In my opinion, this current slogan comes very close to the truth. There are multiple reasons in saying so. For one thing, the current policy fails to achieve its purpose of giving equal opportunity to everyone, because of lack of infrastructure in the rural areas of the country, where the proportion of backward classes is significant. Secondly, it fails to establish a national standard, which causes disequilibrium in the status of the states. Thirdly, in real terms, there is no abolishment of caste system. Instead, the disparity increases because of antagonistic attitudes on both sides. The members of lower classes still feel that they do not have sufficient representation and the members of upper classes feel that in spite of their merits, they do not have the same opportunities. Last, but not the least, the other minorities are demanding reserved representation too, which would ultimately lead to a situation where the seats left for the majority would not be proportional with their population. This therefore, becomes a cyclical issue, rather than an equal opportunity issue.

Another problem that arises from the equal opportunity reservation policy is that the merits of the backward classes are never truly recognized. This compromises with the efficiency of the country. The government of India provides tremendous funding for educational institutions. When people who do not utilize them fully use these resources, it leads to a waste. In addition, people on reservation quotas do not get equal treatment in the society once they get qualified because of the stigma associated with reservation. Reserved seats in the Legislature and some educational institutions for women, also leads to a similar problem of unequal treatment in the end. Thus, the whole purpose of providing equal opportunity gets defeated. The caste system and discrimination have persisted in spite of the reservation quotas. Reverse discrimination is widespread and everyone wants to take total disadvantage of the existing system. This leads to corruption, inefficiency, and equal treatment to unequal. This equity issue is the base of many current problems in the Indian society, polity, and economy today. Aditya Nigam says in his paper that if diversity is granted by the state on a platter, it is a fatal error. It is pertinent to propose, at this point, that abolishment of the reservation quota and a better system of affirmative action would be beneficial to the whole nation. For one thing, further policies or entreaties for any kind of reservation need to be discarded and discounted. Secondly, there is a need for a slow but steady removal of the reservation quotas. Thirdly, development of more and better infrastructure in the rural areas to remove disparities there is necessary. I believe that education and knowledge in a modern capitalistic society would lead to removal of some, if not all discrepancy in treatment of people based on caste, culture, religion or race. Evidently, the reservation policies in the last 52 years have failed to do so. It is time to try a new approach. PROBLEMS FACING THE PROPOSAL India is a multi-party parliamentary democracy that implies that there is proportional representation of all minorities. This means that for any political changes to occur there has to be a 66 per cent majority agreement in the legislature. For any changes in the reservation policy, this is not viable. Political power gains a lot of weight from the backward classes, and movements of the minorities. The elites from the backward classes usually hold a lot of weight in policy-making processes. Reservation policy and its benefits help them maintain their power. There any many social hindrances to our proposal too. The pseudo-caste system that has developed because of the reservation benefits to the lower castes and tribes has resulted in a status quo that suits everybody. It is no longer a question of disadvantaged backward classes but a matter of perspective. As Aditya Nigam points out in his paper on Dalit (backward classes) Politics, land ownership issue and rights to bear arms are the major causes of the separation in classes among the Dalits. The Dalit bourgeoisie are the ones that gain more advantage than necessary and are not socially backward in any way.

The others who genuinely require these benefits are too far removed from the society and the political arena to be able to gain any significant advantages. CONCLUSION After the UN Conference against Racism, held in August-September 2001 known as the Durban Conference, there is a new movement in India for the establishment of a modern society, which gets rid of the shackles tying down the lower castes. There is a demand that reservation should be extended to the private sector along with the public sectors, for both employment and educational purposes. This, a recent development, is creating a furor among politicians and the people of higher classes. The new global order has emerging challenges and creative responses are critical to its success. The question that remains is that will the removal of reservation policy bring back the old caste system, which was grossly unfair and inhuman to the lower classes. In my opinion, this is unlikely. India began as a closed socialistic nation. After 1991, it has turned towards capitalism and has opened its doors to globalization. With the higher levels of education, higher levels of income, higher levels of growth, the economy is likely to stabilize very fast. With higher pecuniary incentives, people are likely to forget the basic caste differences. As it stands, people living in the urban areas have become psychologically blind to these differences, at least on a social level. The cultural factor prevents inter-caste marriages, but with time and modernization, this is likely to pass. India should look towards the USA, where there is an affirmative action program for the minorities and especially for the African-Americans, who were treated as inhumanly in the past, as the lower castes in India. There is no reservation policy per se. There are sociological problems even in the most developed nation in the world. In conclusion, all I would like to say is that reservation policy and its persistence is likely to increase the caste-gap rather than help decrease it. Thus, serious there is a need for serious reconsideration for the reservation policy in India, especially when it comes to educational institutions. REFERENCES 1. Chalam, K.S. Caste Reservation and Equality of Opportunity in Education Economic and Political Weekly, Vol. 25, No. 41, October 13, 1990. 2. Das, Bhagwan Moments in a History of Reservations Economic and Political Weekly, Vol. 35, No.43 and 44, October 28, 2000. 3. Kundu, Amitabh Reservation, Anti-reservation and Democracy Economic and Political Weekly, Vol. 25, No. 45, November 10, 1990. 4. Nigam, Aditya Mandal Commission and the Left Economic and Political Weekly, Vol. 25, No. 48,49, December 1-8, 1990.

5. Nigam, Aditya In Search of a Bourgeoisie Economic and Political Weekly, Vol.37, No.13, March 30, 2002. 6. Omvedt, Gail Hinduism and Politics Economic and Political Weekly, Vol. 25, No. 14, April 7, 1990 7. Pandian M.S.S One Step Outside Modernity Economic and Political Weekly, Vol. 37, No. 18, May 4, 2002. 8. Pinto, Amrose U.N. Conference Against Racism Is Caste Race? Economic and Political Weekly, Vol.36, No. 30, July 28, 2001. 9. Radhakrishnan P. Sensitizing Officials on Dalits and Reservations Economic and Political Weekly, Vol. 37, No. 7, Feb. 16, 2002. 10. Virginius Protective Discrimination : Why Scheduled Tribes Lay Behind Scheduled Castes Economic and Political Weekly, Vol.36, No.29, July 21, 2001.