Open Access Research Article
RESERVATION FOR MINORITIES: PROBLEM FOR MAJORITIES
Published Paper
Article Details
RESERVATION FOR MINORITIES: PROBLEM
FOR MAJORITIES
AUTHORED BY - ZIA ARZOO
LL.M (CORPORATE LAW)
Abstract
This research paper explores the concept of reservation for minorities in
India and how it impacts the majorities of the country.With simplicity,we talk
about how complex is this policy and how it impacts both minorities and
majorities.
To start with the overview of the reservation system,first we should see
the historical context and reasons of its inception.This paper,by way of
literature review, mainly addresses the concerns of the majorities by putting
some light on the challenges they might face due to the implementation of these
reservation policies.
We have the objective to show the balanced perspective by conversing about
how it has positive aspect for minorities because of historical
injustices.Through this analysis we see that this system aims to contribute to
equitable society.
But this paper also concerns about the challenges faced by the majorities
such as unfairness in having the opportunities, which they can easily access
but because of this system, it becomes difficult for them even after completing
the criteria.
We highlight the importance of having open dialogue and understanding so it
will create a harmonious co-existence between the communities.It also provides
some ways so that the well-being of both the communities can be ensured.
By studying policies and models from other countries ,we suggest that there
must be a more comprehensive and inclusive reservation system in India.Through
real-life examples and incidents ,we illustrate the nature and impact of
reservation in our country.Our research advocates to create a balance between
the inequities in history and ensuring the fair opportunities for all.
In conclusion,this paper suggesting the modification of the reservation
policy in India. By presenting the challenges faced by the majorities,we aspire
for the constructive
conversation between the communities that promote the harmony,equality and
progress of the nation.
Keywords : Reservation,
majority, minority,unfairness,opportunities
Hypothesis : The reservation system in India has created a lot of problems
and differences among the communities in our society and it has affected the
youth a lot in this country.
Literature Review
This system clearly shows
that its implementation was needed in earlier times because those minorities were really
oppressed by the upper caste society in every way possible.So it was a good
step then,but now it has been expanded so much and being misused in many
ways.Many people still insist that this system should be continued even though
there is no need so that the lower caste will be protected because of this
system.
It is creating a problem
for the ones who are working hard to achieve their goals but because of this
system they are unable to do so.There is a fact that ‘Foreign countries get the deserved ones and our country has the
reserved ones’.
Introduction
Background- The word
‘reservation’ means to keep something detained.The reservation
system in India was implemented so that the weaker sections' upliftment can be
done in the society but it has always been a topic of arguments and debate.This
paper talks about how it is being misused in many ways.
It is a system that was
created during the rule of the Britishers.It helped the underprivileged people
in education,employment,govt.schemes etc.It is the state government or the
Union government who has the power to set the reserve quotas or seats
particularly for the “socially and educationally backward citizens”.
Every state has different
percentage of the reservation set for the castes classified differently in each
state.
Historical Context
A historical overview of the development of this system, how it was used
and made progress and evolved with time.This concept was introduced initially
by William Hunter and Jyotiba Phule in 1882.
Before independence
This quota system which
favoured certain caste and communities existed pre-independence in areas of
British India. The depressed classes, which were and still, known as STs and
SCs were given few number of seats to be filled by election from constituencies
and only they had the right to vote there.
Mahatma Gandhi ji fasted
and protested against this and shown his disagreement but few among the
depressed classes had to support it e.g. B.R. Ambedkar.
Later they agreed after
few negotiations and it was also decide that the electorate will be separate
for them and other religions.This was known as Poona Pact.
After independence
After we got
independence,many major initiatives were taken for SCs and STs and after 1980s
initiatives were taken for OBCs[1] (OTHER BACKWARD CLASSES)
and in 2019 action was taken for the poor in the general category.This is one
of the oldest programme in the world.Even today when it has been many years
since we got the independence,some people are still the same.They do not need
it but they do not refuse so that they can enjoy the benefits unnecessarily.
Objectives
To eradicate the gap
between the reserved and unreserved
To provide every person a
healthy environment to study or to work
To aware the citizens
about what is right and what action is needed to be taken
Research Questions
Do we still need the
reservation system in India?
Should the government
take some initiatives for the general category?
Research Methodology
This is a simple and
decent research paper talking about the reservation system in India.It includes
the descriptive research,doctrinal research and some case laws in it.
Misuse Patterns
False Documentation
In today's time,it is very easy to get the forged documents and their
misuse is very common.Many people usually make false documents regarding their castes to get the benefits as weaker
sections gets the opportunities more easily as compared to the general
category.
Creamy Layer[2]
The word "creamy layer" is very famous in this concept.It means
we can only see the layer which is on the outside i.e. the caste of weaker
section,but we never see the inside if it is in good state or not.This term describes so much in itself
about the benefit this system is giving and how easily it is creating gap among
the people.
Lack of Reviews
The biggest flaw is that no systematic review has ever been conducted so
that the need of changing the rules regarding the reservation can be known.This
is one of the main reasons for the misuse of this system.
Consequences
Unequal
Distribution
The reservation system was implemented for the upliftment of the weaker
section or the less privileged but as consequences of this system,the intended
outcome has not been achieved because the distribution of opportunities or
benefits has resulted in an inequitable manner.Even if the quota is not meant to be removed or lessen
but there should be some similar provisions for the unreserved category so as
to protect them in every way.But no one can deny the fact that the gap of the
distribution among the categories will always be there as the gap between the
rich and the poor,between the privileged and underprivileged etc.will always be
there.
Social Tensions
This has definitely
created tensions among the communities as many of the people dont feel happy
about the ‘accepted discrimination’.There are many incidents which clearly
states that how this system is not right not only in practical way but also
mentally and psychologically.This creates differences among friends also as if
one is from reserved category and the other is from unreserved category then it
creates rift between them because whether the reserved one is good in study or
not but the perception will always be that he will get the admission in good
college because of his quota.These kinds of situations are not unreal infact it
is the reality of the society that we are facing and nothing is being done to
prevent those tensions which are increasing day by day.
Factors Contributing to Misuse
Administrative Challenges
It is causing challenges
and difficulties for the administration to have a regular check and review on
the documentations and certificates of these castes as people have find many
wrong ways to get it done so that it cant be differentiated if the document is
real or fake.
Political Changes
There are many political
changes regarding this system that now during election the candidates start
doing promises on the basis of reservation.Many new implementations are being
done for the benefit of lower caste or to weaker sections called “economically
weaker sections[3] ”.Because
of some changes ,although they are for good purpose,the lower caste people feel
more free to misuse the strategy.
Legal and Policy Framework
Existing Safeguards
To ensure that the
reservation scheme is going in right hands,few steps or means must be taken by
the govt.The best step will be to eliminate the advanced section of SCs and
STs,they should be barred from having these benefits.It will create a good and
healthy environment for the general public to survive with less of this
struggle.
Need for Reforms
The government is working
towards the betterment of the society so no one will feel discriminated in any
aspects.The State Governments should plan in a way so that the level of
reservation will not get down and also the non needy will be wiped out from this
list.So it will not lower the level and also the less privileged will get
empowered.
Case Studies
Examination of specific cases where the misuse of caste reservations has
been reported, providing concrete examples to illustrate the extent of the
issue.
Harphool Singh vs State of Rajasthan and Ors[4]
This case involves a Jat
student,(which is not at all included in the list of Scheduled Castes and
Scheduled Tribes)who took admission in a medical college by using novelistic
device and trickery.He successfully unsurp the reservation quota with these wrong
means.
Amarendra Pratap Singh and Ors. Vs Lalit Narain Mithila
University[5]
In this case,after
carefully studying the documents,it was held that the boy who was a student of
Doongar College,Bikaner filled the form with different stories about his
background.Due to which the impression was created that he did all this to
secure his admission in the medical college by any means and by misusing
reservation quota.
Ranjana Tukaram Sayre vs State of Maharashtra and Ors.[6]
In this case ,Court said
that the purpose of reservation is to give rebates to those who do no have a
privileged life from their birth in a backward class or by any other important
reasons.But here Supreme Court drew its attention on those who lived the
advantageous life by having entry into backward class list.People do this fraud
by way of marriage or adoption etc.
Miss D. Sridevi vs The A.P. Agricultural University[7]
In this case,Mr.
Suryanarayana,who appeared for the petitioner,raised two significant arguments
that Reservation cannot be for total of 100% of the seats in any
field.Otherwise it will more likely to be misused and it will cause injustice
to the candidates.It will destroy the purpose of the provision.
Solutions and Recommendations
Strong Verification
Procedures
The verification
procedures now a days need changes and new technicalities should be
followed.The time we are living in today is very different from what was before
when these rules [8]and
regulations were implemented for the lower castes.It is very important to
introduce new procedures with the help of technology so that the purpose of the
provision can be fulfilled without any difficulties.
Periodic Review
We really need reviews to
be done at regular intervals in order to have a good check and maintaining the
provision without creating problem for unreserved citizens.
This is one of the
reasons that government does not get to know the exact need and scenario of the
society because of no periodic reviews.Many people take advantage of this
because it creates easy paths for them to do and achieve what they want with
little trickery,fraud,malice and also forgery.
Public Awareness Campaigns
There is a strict need
for the awareness campaigns in our country regarding the reservation.Public
needs to be aware about the scenario going on in our country.Everyone needs to
understand why this provision is not wholly positive in its nature and not
creating a healthy environment for anyone struggling day and night for the
education or employment.
Conclusion
A synthesis of key findings, emphasizing the need for a balanced approach
that preserves the intended benefits of caste reservations while addressing the
challenges of misuse.
The reservation system in
India was adopted to uplift the certain castes so they dont have to face the
atrocities,backwardness and any other discrimination which make their life
difficult to live.But it was all good initially when the rules were just
implemented,everybody were taking advantages and unreserved were not feeling
any problem regarding them availing benefits.
But everything is changed
now,we can see that many of the ‘lower caste’ are availing the benefits of
reservation irrespective of their needs.We have seen many incidents regarding
the misuse that how a person who is of general category and is hardworking and
capable enough but he cannot take admission in a good college because of the
‘reservation backup’ set for reserved people.They easily take admission in big
and renowned colleges because of that less percentage criteria for reserved
people.
This needs to be
addressed and change is necessary as it is creating a lot of social tension
among the youths and communities.This is not only impacting the society but
also our country is deeply affected.In most of the cases,when a reserved person
achieve high position because of the quota,he is barely able to maintain that
position as he was only reserved one not a deserved one.It snatches the golden
opportunities from the deserving persons to achieve their goals and contribute
in society.
So as a suggestion,we say
there should be either no or very less reservation for lower caste ,or similar
provisions should be implemented for the unreserved category so they do not
feel discriminated.
References
www.google.com
www.quora.com
[1]
OBC(Other Backward Classes) the term included in the reservation list in 1992
[2]
The term “creamy layer” was introduced in Indira Sawhney vs Union of India
[3]
Economically weaker section-recently added in 2019
[4]
AIR 1981 Raj 8, on 25th 1980
[5]
AIR 1987 Pat 259,1987(35)BLJR 590,on 1st April 1987
[6]
2003(2)BomCR 277,2003(1)MhLj 14,on 30th September 2002
[7]
AIR 1993 AP 123,on 14 September 1992
Article Information
RESERVATION FOR MINORITIES: PROBLEM FOR MAJORITIES
Authors: ZIA ARZOO
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/27
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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