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"I try to look upon the
problem not in the sense of religious minority, but rather in the
sense of helping backward groups in the country. I do not look at
it from a religious point of view or a caste point of view, but
from a caste point of view that a backward class ought to be
helped, and I am glad that this reservation will be limited to ten
years.." Jawaharlal Nehru addressing the Constituent Assembly, May,
1949.
Reservation has always been a
fiercely debated topic as the future of millions of students hangs
in the balance. It is an issue, which will make an even seemingly
unbiased individual question his own prejudices. The question of
merit, caste and class keeps recurring time and again inspite of
the forward-looking vision of the constitution makers who
attempted to visualize an undivided and equal society.
Opposing reservations at the
higher educational level is a justifiable issue. The student
community is not biased on grounds of caste or class; neither does
it question the fundamental rights encircling this issue.
In 1979, the Mandal Commission
was established to assess the situation of the socially and
educationally backward. The commission didn't have exact figures
for a sub-caste, known as the Other Backward Class (OBC), and used
the 1931 census data to estimate the OBC population at 52%, and
further classified 1257 communities as backward. Determining that
52% of
our people are Other Backward classes, of course, is not enough.
To make its recommendations
operational, the Mandal Commission had to specify which castes in
each state were backward. And to do so it had to assess several
things about them: from nebulous things like the extent to which
they were discriminated against socially to easy-to-get things
like the extent to which they were represented in services,
elected bodies, etc.[1]
In 1980, the commission
submitted a report, and recommended changes to the existing
quotas, increasing them from 27% to 49.5% [2]. The report was
implemented in 1990 amid a great deal of controversy, and led to
the resignation of the then acting Prime Minister, V.P Singh
.According to 2001 census, out of India's population of
1,028,737,436 the Scheduled castes comprises 166,635,700 and
Scheduled Tribe 84,326,240, that is 16.2% and 8.2% respectively.
There is no data on OBCs in the
census [3]. However, according to National Sample Survey's
1999-2000 round around 36 per cent of the country's population is
defined as belonging to the Other Backward Classes (OBC). The
proportion falls to 32 per cent on excluding Muslim OBCs. A survey
conducted in 1998 by National Family Health Statistics (NFHS) puts
the proportion of non-Muslim OBCs as 29.8 per cent. [4] In other
words, we do not have a reliable Census headcount for the OBCs,
except that made by State-level Backward Class Commissions, which
are not really Census-like in nature. It may be useful to have a
detailed caste-wise census to look at the actual numbers. This
could be attempted at least in the coming Census.
An economic Census of the
Central Statistical Organisation in 1998
reveals that of 31 million enterprises nearly 12 percent were
owned by
SC/STs and 33 percent by OBCs. Hence, the assumption that weaker
sections are only employees or seekers may not be correct.
Under Article 340 of the Indian Constitution, it is obligatory for
the
government to promote the welfare of the Other Backward Classes (OBC).
Article 340(2) states, "A commission so appointed shall
investigate the
matters referred to them and present to the president a report
setting
out the facts as found by them and making such recommendations as
they
think proper."
Consequent to the notification of the Constitution (Ninety-Third
Amendment) Act, 2005, effecting the 104th Amendment to the
Constitution
in January this year, the Government of India indicated its
intention to
provide reservation for students coming from the socially and
educationally backward classes of citizens, popularly known as
?Other
Backward Classes (OBCs) in higher educational institutions.
Therefore, Article 15 of the Constitution, after clause (4), the
following clause is inserted; (5) Nothing in this article or in
sub-clause (g) of clause (1) of article 19 shall prevent the State
from making any special provision, by law for the advancement of
any socially and educationally backward classes of citizens or for
the Scheduled Castes or the Scheduled Tribes in so far as such
special provisions relate to their admission to educational
institutions including private educational institutions, whether
aided or unaided by the State, other than the minority educational
referred to in clause (1) of article30.
The 93rd Amendment Act, 2005 inserting Article 15(5) is without
doubt
introduced to overcome the law laid down by the Hon'ble Supreme
Court in
an unanimous judgment by 7 judges in P.A. Inamdar & Ors. v. State
of
Maharashtra & Ors [5] declaring that the State can't impose its
reservation policy on minority and non-minority unaided private
colleges, including professional colleges. This judgment was an
attempt
to bring clarity to two previous judgments by the Hon'ble Supreme
Court
in T.M.A. Pai Foundation & Ors. v. State of Karnataka & Ors [6]
and
Islamic Academy of Edn. & Anr. v. State of Karnataka & Ors [7] by
a
constitution bench that interpreted the Pai Foundation judgment.
The
Hon'ble Supreme Court ruled on the following issues in relation to
minority and non-minority unaided higher education institutions.
i. reservation policy,
ii. admission policy,
iii. fee structure,
iv. regulation and control by the state, and
v. the role of committees dealing with admission and fees,
The amendment is aimed at providing greater access to higher
education,
including professional education, to a large number of students
belonging to socially and educationally backward classes of
citizens and
SCs/STs and the OBCs by the government has not been able to so far
been
able to provide quality primary education through state funded
schools.
Infact, the official data of central university reveals high drop
out
rates amongst SC/ST school children.
Also, reservation at University and super specialty level will not
serve
its so-called purpose unless these students continue education
till
Class X. The Government instead of strengthening the education
system at
the primary and secondary level is concentrating in giving more
and more
reservation at the tertiary level.
The Prime Minister's Office,
on the 27th of May 2006, constituted an Oversight Committee to
monitor the implementation of this decision and directed that
the Committee would, inter alia, look into the
following
aspects and submit its report by 31st August, 2006:§ Implementation of 27% reservation for the OBCs in institutes of
higher
learning and
§ Assessment of additional infrastructure and other requirements
for
increasing the overall availability of seats to a level so that
the
present level of seats available to the general category students
does
not decline.
No doubt the constitution guarantees by way of the above-mentioned
Articles a fundamental right for the realization of one?s own
potential,
and it is the duty of the state to make available all plausible
resources for achieving the same. But then bigger problems looming
large
in our faces are the questions of quality, the basis for
identification
of backward classes and inclusion of the creamy layer in the
proposed
Reservation Bill.
At a time when India enters its 60th year of independence one is
compelled to question the social progress of this country.
However,
India's economic growth rate is estimated at a whopping 6-8% per
year,
with economists still foreseeing the potential to exceed 9-10%.
The country has superseded other developing nations with poverty
depleting at a massive pace from more than half to less than a
quarter since 1991.
On the other hand, it was reported in The Hindustan Times that
students
securing 90% and above failed to get into colleges of their choice
whereas two students who scored 6/100 in the AIEEE have been
selected
for admission in the engineering course of BIT, Mesra. The VC said
that
same 50 reserved seats are vacant and chances are that students
who
scored 1-2% maybe considered for admission. The implementation of
27%
reservation no doubt would instill a level of confidence in the
backward
class candidate; however much is dependent upon his successfully
completing his course.
Another aspect that has been overlooked is the state of literacy
in this
country. The comparisons with other countries are stated as
follows:
Illiteracy in India and some neighboring countries.
Percentage of adult illiterate population 2000
China 15.0
India 44.2
Indonesia 13.0
Myanmar 15.3
Sri Lanka 8.4
Thailand 4.4
Source: Statistical Yearbook, 1999 UNESCO and Census of India 2001-
Provisional Population totals.
The state of literacy is also reflected in the dropout and
enrolment
percentage in the primary and upper primary level of education.
According to Vinod Raina, a member of the Central Advisory Board
on
Education, 80 Million of India's 200 million children between six
and 14
years of age are not in school at all. Of the remaining 120
million,
only 20 million are expected to reach the tenth year of school,
with the
rest dropping out along the way. [8]
DROP OUT RATE (2003-04)
Category
Class (I-VIII)
52.32
Classes (I-X)
62.69
(as high as 90% in Bihar)
Source : Annual Report 2004-05, Ministry of Human Resource
Development.
Thus only about 10% of children in the eligible age group complete
their
high school. The percentage is much lower among girls and rural
children.
The inability of backward classes not being able to compete in
gaining
admission to higher education is a consequence, not a cause of
their
backwardness. The cause of their backwardness lies elsewhere and
so by
forcing them into higher education will not magically remove their
backwardness.
Quotas, are economically inefficient. Assume that the full cost
of, say,
a 4-year IIT education is $50,000 (or about Rs 22 lakhs). Further
assume
that a quota student ends up benefiting less than the full cost,
say,
$10,000, while a non-quota student gets at least $50,000 of
benefits.
The net loss is then at least $40,000. Instead of wasting $40,000
on one
backward class student at the IIT, if the money were spent school
education, 20 students could have been educated (with an average
spend
of $2,000) and out of which perhaps one would have been
sufficiently
bright enough to gain admission in the IIT on merit & subsequently
compete within the system as well. This is the tactical flaw with
the
quota system: they have the sequencing wrong, and instead of
creating
more opportunities at the school level, it tries to equate
outcomes at
the college level. [9]
Reserving a few slots at the top without allowing and enabling the
deprived groups to climb up even the lower rungs of the education
ladder
is political chicanery. If data available are any indication, as
of now
India's demand for higher education is by 35 percent of the
relevant age
group. Contrast this with the present enrolment of 9 to 11 percent
compared to 45 to 85 percent in Developed countries. Contrast this
also
with the fact that India's present outturn of degree holders is
just
about 7.5 percent. [10]
In India, constant pressure is on filling a certain quota
regardless
whether or not the caliber of those hired in jobs or admitted in
educational institutions is consistent with the "maintenance of
efficiency" and well being of the institutions. What is of
paramount
importance in India is that target numbers must be met even if
that
involves going down the merit hierarchy. Affirmative action
advocates no
such generosity for it acknowledges the importance of competition
and
merit. As it benefits those who are almost as good as the ones
from the
general category, a person from a disadvantaged background must
still
score very well in terms of qualification required for the
position.
[11]
Therefore a plausible repercussion of reservation, besides reverse
discrimination would be that of retarded and paralytic development
of
the backward classes. Meaning that if a backward class student
scores,
say 90%, that student would be denied admission in a general
category
seat, even though that student has the requisite criteria suitable
for
that seat, that candidate would only be allowed admission under
the
quota system and therefore branded as a backward class member for
life.
The concept of backward class promotes a sense of inferiority and
ostracism for those who belong to that category even when merit
permits
them to compete at an equal footing.
Another inevitable repercussion would be that the mandatory
percentage
required for admission would never be a pre-requisite for a
backward
class candidate. This would kill the academic inclinations of the
student, with a constant delusion in his mind that the quota even
at the
service sector would cradle him.
Plausible Solutions proposed by the Authors
I) Primary
Education:
Every individual is like a building, if the foundation of the
building
is weak it is inevitable that the entire structure will fall. The
same
is true for an individual. The basic foundation of an individual
for a
successful career is deeply rooted in the primary education he
receives.
It is this education that will help him achieve higher levels of
learning. Therefore to become a sky scraper one has to start from
the
bottom.
The focus should therefore be on maximizing the educational
infrastructure, more fund allocation and that of reforming the
entire
teaching and learning process and revamping the obsolete
administrative
apparatus that hinders more than it serves.
II) A person must be given the basic necessities of
life-nutrition,
clothing, shelter, medical facilities. These must be provided at
nominal
rates through fair price shops catering specifically to the
economically
backward of this country .
III) Benefits if provided should be restricted per family to a
maximum
of two children irrespective of the number of children in a
family. This
will help in regulating the population of OBCs which will
eventually
result in decrease in their representation, giving way to the
principle
of equality. This could also be achieved where reservation can be
extended to one generation only. A family that has availed it once
should not be allowed to avail it in the next generation too. This
would
make it possible to do way with reservations in a phased manner.
IV) Give effect to the Hon'ble Supreme
Court's observation in
Indra
Sawhney v. Union of India [12] on the exclusion of creamy layer
from the
benefits of reservation.
V) Once an OBC is self sufficient then relegate him from that
category
and include him in the general category. Thereon, his coming
generations
will be termed as general category. This will result in reduction
of the
OBCs.
VI) Setup a review committee under a governmental authority which
submits an annual report at the end of the year reviewing the
implementation of allocation of funds at the primary and secondary
education level.
VII) The root of the problem lies not in the demarcation of the
categories but in the ever increasing rural and urban divide. In a
rural
village of India a general category individual is suffering same
as the
OBC. So the solution lies in bridging the gap between rural and
urban
India which can be done in concentrating on the rural setup and
providing them all the basic facilities. This way we can reduce
the
concentration of power in few hands and provide sustenance to the
weaker
section i.e. the rural society.
VIII) Set a deadline for eliminating all kinds of reservations
benefits
provided to SC/ST & OBCs. Government must ascertain a final date
(maybe
within 10 to 15 years) when the whole setup is brought down. This
will
not only encourage reserved category people to stand on their own
but
also go a long way in increasing its acceptability by all sections
of
the society.
IX) However if it is deemed necessary that 27% reservation is to
be
implemented then it should be done on the basis of satisfying the
minimum criteria of marks which every student, irrespective of
caste or
class has to secure. It should only be after careful consideration
of
the caliber of the backward class candidates combined with his
qualifying marks and reasonable intelligence that he should be
given
admission. In other words if qualifying marks for a general
category is,
say 90 %, then the qualifying marks for the OBC candidate should
be
approx. 80 %. This will prevent dilution of academic standards.
Also, in
case the quota seats are not filled then after a lapse of
particular
period of time, the remaining seats should be made open to the
general
category. This will prevent wastage of seats.
References:
1. Arun Shourie, Falling over Backwards, an essay against
reservations
and against judicial populism, ASA Publications, 2006, P.86.
2. Ramaiah, Identifying Other Backward Classes (PDF), Economic and
Political Weekly, (6 June, 1992), pp. 1203-1207.
3. Population. Registrar General & Census Commissioner, India.
Retrieved
on 2006-05-27.
4. Surjit Bhalla and Sunil Jain, 36% population is OBC, not 52%.
South
Asian Free Media Association (8 May, 2006).
5. 2005 (6) SCC 537.
6. 2002 (8) SCC 481.
7. 2003 (6) SCC 697.
8.
http://www.project-syndicate.org/commentary/chaudhuri
9.
http://www.deeshaa.org/2006/05/07/indian-reservations/
10.http://newindpress.com
11. NJ Demerath III and Dipankar Gupta, Maintaining Excellence,
Times of
India, Editorial Opinion, 12th June, 2006.
12. 1992 (3) SCC Supp 217
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Reservation-
Solution To The Problem
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The
author can be reached at:
divyam@legalserviceindia.com /
