Author:Jayapriya . A, Chennai Dr. Ambedkar Government Law College, Pudupakkam
ABSTRACT:
India is a country known for its unity and diversity on the field of language, religion, caste, creed, race etc..Recent post of Anuradha Tiwari who is the CEO of Just Burst Out agency went viral and created a controversial situation on the debate of reservation and status of Brahmin in India. The curial question revolve around this concept is by way of reservation Does We Are Repeating The History? Reservation for seat in education and jobs were said to be reformatory key for the upliftment and providing a level play field for all sect of people. Does this reason still remains or the country still need the concept of reservation? There is an caste based reservation system existing in India by which benefit availed at most but there are some lags exist.
INTRODUCTION:
Reservation is a key of reformation to uplift the path of so called low caste community for in the society. It is an idea brought by the government through its policies and safeguarded by the constitution. In 1882 the idea of caste based reservation is conceived by William Hunter and Jyotirao Phule and the currently existing system is brought in 1993. Early only SC and ST were given reservation then by way of Mandal Commission OBC were included in 1991. By this system of caste-based reservation it give some sort of advancement to the suppressed class for education, government jobs and even in elections. It is beloved that this be give an level playing field for the backward community.
RESERVATION IN INDIA:
The concept is brought by the constituent assembly initially for 10 years and if the government find the necessity it can be continued. The reservation percentage stands for , scheduled caste as 15%, other backward class as 27% , economically weaker section as 10%, scheduled tribe as 7.5%, and remaining lies for general category. It is regarded as the concept of equality and ensuring the fairness stated in preamble . the constitution support this system by way of PART XVI. Government shall reserve seats by of Article 15(4) and Article 16(4) , 16(4A) , 16(4B). under Article 233T seats are reserved for SC/ ST in every municipality and under Article 243D Seats are reserved for SC/ST in every panchayat. By Article 330 and 332 seat were reserved for SC/ST in parliament and state legislature.
MANDAL COMMISSION:
During 1978 by exercising the powers in Article 340 , president of India appoints a commission under chairmanship of P. Mandal to determine the socially and educationally backward classes and it concluded the population of OBC account for 52% , therefore 27% of reservation in government jobs were to be given for them. The commission classified backward classes among Hindus and non-Hindus and set 11 indicators of economic, social and educational backwardness. It listed OBC list of 3743 caste and depressed backward classes of 2108 caste by the INDRA SAWHNEY CASE in 1992, supreme court upheld the 27% reservation for OBC. The creamy layer for OBC shall be excluded from the beneficiaries and no reservation in promotion.
CRITICS:
By way of 77th constitutional amendment parliament inserted ARTICLE 16(4) By which reservation in promotion given for SC/ST. In the case of M.Nagaraj vs. UOI 2006, SUPREME COURT uphold the constitutional validity of this article insertion and amendment. In the case of Jarnail Singh vs. Lachhmi Narain Gupta 2018, SUPREME COURT held that creamy layer concept applies to reservation in promotion for SC/ST with certain exceptions. The concept of creamy layer is present in OBC reservation and not for SC/ST. This itself being an critics that only the rich get richer by way of gaining opportunity and not the poor. Here the reservation draw a line among the caste and the so called Brahmin community left behind. The FC community doesn’t able to get their seat in education and jobs though they secured high scores. This also led to caste bias among the people and it repeat the history. The recent post of Anuradha Tiwari, who is an CEO of an bangalore based content creation company “JustBurstOut” has recently posted an sensitive post “Brahmins are new Jews of India”. She commented that she is an proud Brahmin and not an oppressor and she expressed that by being a Brahmin they were discriminated and refused equal opportunity in education and jobs. the reservation favors most at the so called low caste and not to others. The aim of reservation is not fulfilled as only certain group are availing its benefits and the poor in the SC/ST community still remain the same. By applying creamy layer concept in the SC/ST reservation may change the play, but the politicians and pressure groups are not making it possible. This create an biased approach towards the OBC and general category.
CONCLUSION:
In 2019 through 103rd amendment in constitution , it made state to have reservation in education and jobs at 10% only on economic basis for people not included in SC/ST, OBC . This favor the FC community. There are several measures took for the upliftment of all people in sort of education and job. But it doesn’t bare any fruit because of its caste based theme. In this 21st century money plays the boss role by which the reservation should be made. The ancient discrimination remains story for which the present humans can’t be punished. Therefore the system of reservation should be revised from caste based to income based. Every caste has rich and poor , not because of existing in a caste doesn’t mean one as rich and poor. The future shall be bright if only the concept of reservation changes. India may have its genes as CEO of world top companies but it should be ashamed that these genius were refused opportunity in the home land.
FAQ:
1. Under which basis reservation in India works?
Before 2019, it was caste based reservation and after that through 103rd amendment reservation given on the economic basis as EWS {ECONOMICALLY WEAKER SECTION}.
2. What is the reservation percentage in India?
Scheduled Caste – 15%
Scheduled Tribes – 7.5%
OBC [ Other Backward Class ] – 27%
Economically Weaker Section – 10%
