India’s Reservation Debate: Beyond Good vs Bad Equity, Access & Impact




    While many of us and general candidates often whine about how unjust the reservation system is and how it is responsible for the brain drain of Indian intelligentsia, and how meritocracy is suffering as a result of the same, but seldom do we see things beyond what they are. There are all sorts of arguments given in favor and against affirmative action, famously known as the reservation system, given to the Scheduled Castes and Tribals of India, and then the OBCs, which are divided into creamy and non-creamy layers. Let us unpack the reasons and rationale behind such segregation and understand what is still not known to many.

    A small disclaimer: This article does not aim to justify the system developed by the founding fathers or the drafting head of the Constitution of India, Dr. Bhim Rao Ambedkar. It is simply an article to explain and engage in an intellectual exercise to understand affirmative action from a different perspective.

    Numerous articles and videos on the internet explain how the system was established and how the founding fathers rationalized the way individuals would be identified for proper representation. Since then, a lot has transpired, and attempting to re-explain the entire matter from the same point of view would be a futile exercise. However, I will endeavor to present a different point of view that has never been discussed.

    We all know that during India's colonial era, there was a violent uprising against them from various sections of society. One such section was the tribals and the Scheduled Castes, and the story of Bhagwan Birsa Munda is famous in this context. Additionally, there were various revolts such as the Koala tribe revolt (1820-1837), the Santhal tribe revolt (1855-56), the Rampa strike revolt (1879), and the famous Munda tribal revolt of 1895 to 1901. When tribals openly and violently revolted, and in some instances looted the ammunition of the British Raj, a retaliatory reaction from the Raj was inevitable. This reaction came in the form of legislation that declared the tribals, who were a threat to the Raj, as "habitual offenders." These legislations included the Criminal Tribes Act of 1871, 1911, and 1924, as well as the Habitual Offenders Act of 1952.

    The retaliatory reaction of the Raj was significantly damaging, both historically and in terms of its impact. They passed this legislation and declared the most rebellious tribals as habitual offenders, which made the already discriminated tribal groups more vulnerable. This perpetuated discrimination against the tribal groups, even after the government of India denotified them in 1952. The atrocities committed against the tribals and Scheduled Castes left a social stigma and scar, causing people from those communities to feel that the government was not socialist or welfare-oriented, but rather exploitative.

The Reservation Story
When we examine this side of the story, which was never told to us, it presents a very different picture. There is ample evidence that the tribes were exploited for their straightforward nature and innocence. They were deprived of their rights and exploited to the extent that they became genetically incapable of certain tasks. To undo this injustice, the government decided to give them a special status and reservation/quota, which in legal terms can be called affirmative action or positive discrimination. While many may argue that this was the sole reason for the reservation quota, there are always unseen consequences that may or may not be recognized. One such consequence was building confidence among the tribes about the government's role as a good Samaritan.

    When the government provided reservations to the tribes, these so-called "habitual offenders" left their jobs, and when the government provided reservations to the tribes, these so-called "habitual offenders" left their jobs and started preparing for government jobs. They integrated into the system and, upon returning to their families, conveyed that the government of today is not exploitative but rather more accommodating to the needs of the tribals. They emphasized that the government is ready to accept them, at least on paper, and make a social change. This led the people to accept the government's role and its altered nature, which became more altruistic towards the tribals and the denotified tribes. This created a shift in attitudes between the tribal groups and the government, reduced friction, and paved the way for a better relationship.

    As generations of tribal's emerged from poverty and exploitation, trust began to develop between them and the government. The frequency of revolts and violent reactions subsided, and tribal groups became integrated into the broader society. However, it is important to note that there are still certain pockets where Naxalite revolts persist. In light of this context, we can propose some special arrangements that the government is already working on, aimed at empowering and educating the revolting individuals. These measures are intended to make them aware of the efforts the government is undertaking to improve their lives and to help them understand that the government's intentions are rooted in their welfare, rather than exploitation. This can be achieved through human intelligence and trust-building measures, such as providing free rations, improving transportation and healthcare facilities, launching outreach programs through NGOs and independent organizations, and seeking assistance from sociological experts where necessary.

Additionally, it is crucial to ensure that the reservation system is implemented effectively and efficiently. Regular assessments and reviews should be conducted to identify any shortcomings or instances of misuse. This will help maintain the integrity of the system and ensure that it continues to serve its intended purpose of uplifting marginalized communities.

The Following Legislation can also play a significant role in safeguarding the rights and opportunities of marginalized groups. Existing laws, such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, protect against discrimination, violence, and atrocities. These laws should be strictly enforced, and awareness campaigns should be conducted to educate people about their rights and the consequences of violating them.

Moreover, it is important to foster inclusive education and employment opportunities. Special provisions and scholarships should be made available to promote access to quality education for marginalized communities. Similarly, employers should be encouraged to adopt inclusive hiring practices and provide equal opportunities for all candidates, irrespective of their social background.

In conclusion, the reservation system in India goes beyond a simple good-bad debate. It is rooted in a history of exploitation and discrimination against marginalized communities. While acknowledging the need for periodic evaluations and improvements, it is essential to recognize the positive impact that reservation has had on empowering and integrating marginalized groups into society. By continuing to address the challenges, ensuring effective implementation, and promoting inclusive policies, we can strive towards a more equitable and just society for all.




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