Reservation: Reform or Reaffirm?

Reservation in India: Outdated or Still Necessary? A Critical Examination of Social, Economic, and Educational Disparities.

By Lara Gaud

       In the last few years, the country has witnessed many protests like protests against rapists, protests by wrestlers, protests by farmers and protests for reservation. Reservation has been one of the major news in the newspaper and media and has to be talked about. The controversy is regarding the implementation of a creamy layer in the SC and ST communities.

       Remembering the Landmark Judgment of Indra Sawhney (1992) SC, Hon’ble Justice P. B. Sawant observed that the concept of creamy layer has no relevance for SCs and STs as their backwardness stems not only from economic factors but also from social and educational disadvantages. The recent judgment seems to contradict this fundamental principle. It has been argued that the community has attained economic and educational upliftment but what about social upliftment? Are they really treated equally in society? The answer is no. 

       We are living in the 21st century in India and casteism feels like history for some of us but discrimination and atrocity are seen against SCs, STs and OBCs even today. People with an orthodox mindset forget that there exists a Constitution wherein provisions like Article 14 and Article 17 are provided which allow the Right to Equality and the Right against Untouchability respectively. Another argument might be that this is a rural issue. In urban areas, people don't discriminate. Most of us are aware that this fact is somewhere not true. 

       Listing down rural as well as urban atrocity and discrimination faced by the people of SC, ST and OBC. 

According to the research of the Ground Reports:

       The gruesome Hathras rape case was nothing but an example of caste-based structural discrimination. The details of the case and caste fault lines should explain the realities of 21st-century India. Ask yourself about the status of the case, and if the realities would change the status of the victim's family living in the village.

       In August 2015, it was claimed that a Jat Khap Panchayat ordered the rape of two Dalit sisters because their brother eloped with a married Jat girl from the same village.

       As of 2021, in UP alone, 24% of prisoners were Dalits, and 45% OBCs, the government told parliament. 

       Discrimination can also exist in access to healthcare and nutrition. A sample survey of Dalits, conducted over several months in Madhya Pradesh and funded by ActionAid in 2014, found that health field workers did not visit 65% of Dalit settlements. 47% of Dalits were not allowed entry into ration shops, and 64% were given fewer grains than non-Dalits. In Haryana state, 49% of Dalit children under five years were underweight and malnourished while 80% of those in the 6–59 months age group were anaemic in 2015.

       Since 2018, more than 13000 SC, ST, and OBC students have dropped out of central universities, IITs, and IIMs. All these institutions have been questioned for their caste-based discrimination. Lately, the incidents have been widely reported.

       As per other data sets, significant students from mentioned communities don't get admission into colleges, due to several societal, and financial factors.

     With these factors, if we add gender, then women from depressed castes become one of the most vulnerable citizens in the country.

     Apart from this, another question is whether seats reserved for these communities are sufficient for them? 

     Let's see with the help of the report of the Mandal Commission.

       According to the Mandal Commission Report, the reserved seat has to be below 50%. Mandal Commission grants 27% reservation to OBCs whose population is 52%. What kind of reservation is this, where a community with a greater population gets insufficient seats in the name of reservation whereas a community under the general category i.e. upper caste whose population is just 15% enjoys the whole 50% seats? According to the census of 2011, the population of the upper caste is 15.52% getting 50% of seats on the other hand, the remaining 85% is made up of the Backward Classes, Extremely Backward Classes, Scheduled Tribes, and Scheduled Castes, which are collectively referred to as the Bahujan, or "the masses" are provided with another 50% of reserved seats. Are 50% seats sufficient for 85% people? No, right?

     One of the effective solutions to be fairer towards all the communities would be the Caste-based Census. Our Constitution too favors conducting a caste census. Article 340 mandates the appointment of a commission to investigate the conditions of socially and educationally backward classes and make recommendations as to the steps that should be taken by governments. Article 15(4) and Article 16(4) also support the above. In a caste-based Census, every caste would have a particular number of population and the government should allocate the number of seats according to the number of population of a respective caste. 

       This article aims to analyze ground reports, spread awareness, and get a reality check on which the government could work more efficiently. We invite you to join the dialogue, share your perspectives, and engage with our content as we work together towards a deeper understanding of these critical issues.