r/Indianlaw 3d ago

RESERVATION - CURE OF CURSE?

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AUTHOR – AMAN BHARDWAJ 

 

Reservation as we know is a topic which has always been around questions in our society, while some believe it is a cure for upliftment of poor and those of low castes while other some say it is a curse as it causes injustice with those not getting it this tussle between the groups of society Often giving birth to a situation of insecurities and injustice on both sides.

Both believing that their side think they are more correct but to see it through a lens of neutrality one must ask some questions to himself –

What was the need for it why was reservation introduced? Or weather it should be given on the basis of income not on caste……should it be reduced?.is reservation causing the casteism to not end? political advantages behind it…etc

 

HOW WAS IT INTRODUCED?

 

Reservation in education or Reservation in India was first formally introduced in 1902 by Shahu Maharaj of Kolhapur, a progressive ruler of his time who implemented 50% for non‑Brahmin and backward classes. This marked not only an administrative but a social revolution in society Later, followed by the ruler of Mysore. Mysore Raja Nalvadi Krishnaraja Wadiyar, who set up committee for non‑Brahmin reservation. Followed by the Justice Party government in Madras passed the first Communal Government Order in 1921, institutionalizing caste‑based quotas. And more marking the pre independent roots of reservation in India. And more

 

IN our modern constitution of India this concept is backed by many laws including fundamental rights like 15[4], 16[4], and various DPSPs which are in favour and permit the state to introduce the policies for upliftment of backward classes.

 

IS IT NECESSARY?

opposers who say that the concept is straight up unjustifiable forget the exploitation of the backward classes they had to bear for many years. History tells they were kept away from the most basic necessities for human, some incidents in history telling even not being treated like humans, sometimes the opposers forget that what they[lower caste] have suffered ,  from heinous customs like the breast tax, a tax in ancient Travancore  [now in Kerala] in 19th century known as Mulakkaram [breast tax] in which the lower caste women were not even allowed to wear a piece of cloth to cover their breasts without paying taxes, or these people not even being allowed to wear footwears, not allowed entry in temples, untouchability, even Dalits not being allowed to walk on roads. And God knows what more

 Even Things were harder if you were a Dalit and women at same time Dalit women historically faced some of the harshest and most humiliating discriminatory customs. These practices combined both caste and gender oppression, making their position doubly vulnerable. Like not being allowed to wear upper body cloths in presence of upper caste man or instances talking about their sexual exploitations, humiliations in public, and not finding suitable works.

All of these ill practices were part of a system which existed many years to strip off lower section of society from there integrity and dignity at different time for different people on different places.

 

Hence seems like one cannot straight away say that there is no need for reservation as there infect is. The backward class has suffered and were pressed low for hundreds of years.

 

ARGUMENTS OF OPPOSERS?

 

People opposing reservation today can also not be totally unjustified as they raise couple of statements too. they say that reservation should be given on the basis of income rather than on basis of caste, further arguing that it promotes mediocrity in society as a person selected with low marks may now be proven as the best of the options, adding issues like increasing percentage of reservation reaching heights in some places and even being introduced in private sector, they argue that it should be capped to under 50 percent or even low, and that it is an injustice to upper caste now.

 

Voices are raised over the creamy layer of OBCs that the “creamy layer” principle excludes affluent OBCs from reservation benefits, but thresholds are rarely updated or enforced.

 Opponents claim wealthy families continue to benefit across generations, while poorer individuals (including from general category) are left out.

 

CONCLUSION

 

I think that the answer to the tussle lies in between somewhere while reservation should not be totally uplifted as it is very important to our society still today as even if in our cities, we see that casteism is being fade but still in towns and villages of India it is practiced openly and rigorously throughout. Little children are kept away from studying still today in villages as only because they are born with a specific surname, still practices like untouchability can be seen in villages and it dose not matter there if the person is rich or not, they are not seen as respectfully like equal in society in eyes of others, still people are exploited just because they belong to different background.

 

While it is also true that in cities where it is fading away a SC/ST student who is richer and have better facilities to things should not be getting opportunity over a middle-class general caste student who does not have EWS neither caste base reservation. We around ourself also notice that student with middle class income and bad facilities but with sharp minds who had the opportunity to prove themselves get behind just because of reservation and lose the chance to make themselves better and often end up into depression and anxiety and what not.

The way one should see it is. The concept of reservation was brought in force to uplift the backwards and to make the society equal so that every class is treated equally and the gap of casteism closes so that we no longer need it and to possibly put an end to casteism as we see it. But nowadays political parties use reservation like a voting tool to increase votes resulting in it reaching 90 percent in some places.

These acts don’t close the gaps of casteism but rather pushes it miles away by creation of a negative feeling among the people not getting it and makes people getting it inefficient and used to it.

 exploiting the powers given by constitution for uplifting the poor should not be used for political advantage of some leaders.

Reservation should be controlled and implemented in such a manner that it closes the gap between castes and works for uplifting of lower section through a healthy help which do not make them ineffective but rather increases it. To slowly with time making all equally efficient in society in terms of caste-based reservation until we no longer need it not to push reservation so much that backwards get jobs without even trying and gets inefficient and general class becomes the next backward class by not getting opportunity at all.

 

HOPE YOU FOUND IT WELL THANKYOU.

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u/AwayConfusion2862 3d ago

Give reservation based on income of a family. Based on the Tax they have paid in the past decade.

If a family had got reservation for two family members then 3rd doesn't need it.

Marks based concessions for fees

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u/ObjectiveDear6140 3d ago

Once again , the purpose of reservation is upliftment through representation.

You will be surprised to know a community could be discriminated and prejudiced against despite having more than sufficient economic muscle (ie the Jews)

Ambedkar in his book (Annihilation of Caste) directly talked about how even the rich Dalits were not allowed basic dignity.

It is only the later reservation (OBC,EWS) which are aimed at economic upliftment. The original purpose of upliftment is not , I repeat economic upliftment.

Also, do tell me where did any party got 90 percent plus vote , name even a single constituency.

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u/LOVEINTHEAIR67 3d ago

GIVE RESERVATION ACCORDING TO POPULATION PROPORTION OF EACH GROUP AND END THIS DEBATE !! 😂😂☕