Battling for Social Justice: The Fight for Reservation in a Privatized World

Reservation and Affirmative Action are Protecting the Rights of Marginalized Communities in India

By Vikas Parasram Meshram and Rusen Kumar

The Constitution Bench of the Hon’ble Supreme Court unanimously upheld the decision to provide reservation for economically weaker sections. The only disagreement among the judges was whether certain groups, such as Dalits, Adivasis, and OBCs, would be eligible for this reservation. Overall, the bench agreed that the reservation is in line with the principles of the Constitution.

Affirmative action refers to policies and initiatives that aim to reduce discrimination and promote equal opportunities for disadvantaged and marginalized groups in society. These policies are often implemented in response to a history of discrimination and inequality based on factors such as race, caste, gender, and sexual orientation. The goal of affirmative action is to level the playing field and ensure that all members of society have the same opportunities to succeed, regardless of their background. This can include initiatives such as targeted hiring and recruitment, education and training programs, and policies that support access to healthcare and other essential services. Overall, affirmative action is intended to address the effects of past discrimination and prevent future discrimination, promoting a more inclusive and equitable society.

When the topic of casteism, communal violence, and caste discrimination is raised in our country, the conversation often shifts to the issue of reservation, and the larger issue of historical oppression faced by marginalized communities is quickly forgotten. Reports of communal violence fill the news, but discussions of the underlying issue of the caste system are brushed aside, with claims that the situation has improved because some Dalits have achieved high positions. Poor people from dominant castes are often brought forward as evidence of equality, and the deeply ingrained and cruel system of casteism is conveniently ignored. Instead of addressing the root causes of discrimination, the focus remains on the narrow issue of reservation, obscuring the broader problem of social inequality.

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Therefore, a false narrative is being deliberately spread in society that the basis of reservation should be financial, so that all those in need can benefit from it. This ignores the fact that not all those in need are able to access caste-based reservation, but those who do benefit from it are protected from the effects of caste discrimination. In this way, the real purpose of affirmative action in the form of reservation is being obscured, and the truth of the caste system is being hidden behind constitutional justifications. The entire concept of reservation is being attacked, rather than addressing the underlying issues of inequality and discrimination.

Caste is a unique form of discrimination and exploitation in Indian society. It is not only a tool for discrimination, but also the foundation of Hindu society, supporting the unequal distribution of resources and power. In fact, the Shudra and Atishudra castes are not part of the traditional Hindu caste system known as the Chaturvarnas. The main purpose of reservation is to bring marginalized communities such as Dalits and Tribals into mainstream society, and to empower them through education, government jobs, and other opportunities. Reservation is not only about economic empowerment, but also about increasing representation and promoting social equality. It has a ripple effect, benefiting not only the individuals who receive it, but also their families and communities. When marginalized people have a greater say in policy-making, more inclusive policies are created. The ultimate goal of reservation is to uplift disadvantaged communities and eliminate the effects of caste discrimination.

Proponents of economic reservation should understand that reservation is not a poverty alleviation program. It does not only aim to provide economic benefits to disadvantaged castes, but also to promote social equality. This is a long and ongoing process, as evidenced by the fact that even economically successful Dalits face caste discrimination in education and the workplace. It is important to recognize the realities of caste discrimination and address them directly, rather than focusing solely on economic factors. While poverty eradication is a crucial goal, it must be pursued in a way that upholds the constitutional principles of reservation and promotes social equality.

The implementation of the 103rd constitutional amendment by the government in 2019 and its recent affirmation by the Supreme Court have brought to light the deeply ingrained casteism in our society. Despite widespread discrimination and violence, the media and intellectuals often focus on opposition to reservation rather than addressing the root causes of inequality. Organizations like “Youth for Equality” continue to oppose reservation in principle, but have remained largely silent on the issue of economic reservation. This reveals a troubling lack of commitment to true equality and a willingness to overlook systemic discrimination.

Since the implementation of economic reservation, there have been instances of OBC students with lower marks being admitted to educational institutions, but there has been little concern about the impact on academic quality. This reveals the hypocrisy of those who prioritize merit over equality, and are only concerned about quality when it benefits dominant castes. Despite the Supreme Court’s ruling, the reservation limit remains at 50%, and any attempt to increase it is met with fierce opposition. The real question is why some continue to prioritize merit over equality, and whether the current system truly promotes fairness and inclusion.

Earlier, strict criteria were applied to implement reservation, and the courts upheld this approach. For example, a caste seeking Scheduled Caste reservation had to provide evidence of extreme backwardness and historically disadvantaged status. However, neither the government nor the Supreme Court has imposed similar conditions for economic reservation. The income limit of 8 lakh per annum (or 70 thousand per month) for EWS reservation is arbitrary and does not reflect the reality of poverty in India. The average income of Indian citizens is 1.5 lakh per annum, and income tax is only payable on an annual income of 2.5 lakh. The eligibility conditions for EWS reservation are flawed and do not target those in need. Social critics have long criticized SC/ST reservations for not reaching the poorest Dalit and Tribal communities, but with the implementation of EWS, reservation has been effectively extended to the economically wealthy. This has further entrenched the privileges of the upper classes, allowing them to maintain their dominance in education and employment.

The exclusion of poor Dalits, Tribals, and OBCs from the EWS quota is a major concern. These communities, which have been historically disadvantaged and denied access to education and resources, are likely to be the most affected by this exclusion. The use of Aadhaar as the sole criterion for economic status ignores the reality of caste-based discrimination and reinforces existing inequalities. The majority ruling of the Supreme Court argued for a classification of “golden castes,” but this is not supported by the evidence. Only 5.4% of the poor come from general castes, yet they are being allocated 10% of the EWS quota. This goes against the fundamental principles of reservation, which aim to address social and economic backwardness and inequality arising from historical discrimination.

In India, this discrimination has occurred along caste lines, so the identity of an individual is closely tied to their caste. This is why caste is recognized as a valid category for reservation, to end inequality and exploitation. In contrast, EWS reservation is based solely on economic status, without regard for social group identity. There are also concerns that this decision will pave the way for a shift from group-based reservation to individual-based reservation, undermining the constitutional principles of reservation. This trend, which began with EWS reservation, is part of a broader effort to rehabilitate casteism and undermine the system of reservation. It is crucial to resist these efforts and uphold the principles of social justice and equality enshrined in the constitution.

The current debate about reservation is important, but it also distracts from the broader issue of privatization and its impact on access to education and employment. As public institutions are increasingly privatized, the opportunities for reservation and affirmative action are dwindling. Even in public higher education institutions, fees have risen to the point where many students are unable to complete their studies, regardless of reservation. The private sector, which dominates the economy, does not recognize reservation or affirmative action, and discriminates against marginalized communities based on caste. In order to preserve the rights of disadvantaged communities and promote social justice, it is necessary to fight against privatization and the erosion of public institutions. This struggle must be waged on multiple fronts, and requires unity among marginalized communities and the working class. Only through collective action can the goal of social justice be achieved, and thelegacy of caste-based discrimination be overcome. A caste-wise census is necessary to accurately assess the representation and needs of different communities in society.

Conclusion

In conclusion, the recent debates about reservation and economic reservation in India highlight the ongoing struggle for social justice in a rapidly privatizing economy. While the constitutional principles of reservation are important, they are being threatened by the privatization of public institutions and the exclusion of poor Dalits, Tribals, and OBCs from the EWS quota. This undermines the ability of marginalized communities to access education, employment, and other opportunities. In order to preserve the rights of these communities and promote social justice, it is necessary to resist privatization and fight for the implementation of reservation and affirmative action in both the public and private sectors. A caste-wise census is also crucial to accurately assess the representation and needs of different communities in society. The struggle for social justice must continue in order to overcome the legacy of caste-based discrimination and create a more inclusive and equal socie

(Vikas Parasram Meshram is a development sector professional. Rusen Kumar is a CSR renowned journalist in India.)

Views are personal.