Reservation Hassle

Background

The Mandal Commission in India was established in 1979 by the Janata Party government under Prime Minister Morarji Desai with a mandate to "identify the socially or educationally backward." It was headed by Indian parliamentarian B.P. Mandal to consider the question of seat reservations and quotas for people to correct caste discrimination, and used eleven social, economic, and educational indicators to determine "backwardness." In 1980, the commission's report affirmed the affirmative action practice under Indian law whereby members of lower castes (known as Other Backward Classes and Scheduled Castes and Tribes) were given exclusive access to a certain portion of government jobs and slots in public universities, and recommended changes to these quotas, increasing them by 27% to 49.5%. The report, released in 1980, was the source of great controversy, and its implementation in 1990 was the ultimate cause of India's Prime Minister Vishwanath Pratap Singh's resignation.

Under the 1950 Constitution of India, 15% of educational and civil service seats were reserved for "scheduled castes" and 7.5% for "scheduled tribes." The first backward classes commission, headed by Kaka Kalelkar, submitted its report in 1955.

Reports

ð In 1963, the Supreme Court of India ruled that total reservations could not exceed 50%.

The Commission, after a very thorough scientific investigation has with the help of experts from various disciplines worked out 11 indicators to determine social backwardness. These indicators are social, educational and economic, and as the major controversy resolves around the caste criteria allegedly adopted by the commission, it would be relevant to reproduce the actual criteria used by the Commission. The 11 indicators formulated by the commission are:

Social

• Castes/classes considered as socially backward by others.
• Castes/classes, which mainly depend on manual, labour for their livelihood.
• Castes/classes where the percentage of married women below 17 is 25% above the state average in rural areas and 10% in urban areas; and that of married men is 10% and 5% above the state average in rural and urban areas respectively.
• Castes/classes where participation of females in work is at least 25% above the state average.

Educational

• Castes/classes where the number of children in the age group of 5 to 15 years who never attended school is at least 25% above the state average.
• Castes/classes where the rate of student dropout in the age group of 5-15 years is at least 25% above the state average.
• Castes/classes amongst whom the proportion of matriculates is at least 25% below the state average

Economic

• Castes/classes where the average value of family assets is at least 25% below the state average.
• Castes/classes where the number of families living in kachcha houses is at least 25 % above the state average.
• Castes/classes where the source of drinking water is beyond half a kilometer for more than 50% of the households.
• Castes/classes where the number of the households having taken a consumption loan is at least 25% above the state average.

(Courtesy-PUCL Bulletin)

The commission estimated that 52% of the total population (excluding SCs and STs), belonging to 3,743 different castes and communities was ‘backward’.

Debate

Supporters of the Mandal Commission argue that national unity should be on the basis of justice for all castes, and that both traditional varnashram and post-independence Congress Raj had worked only to the benefit of Brahmins and other privileged minorities. They also argue that reservations are essential to the uplift and empowerment of people from less privileged castes.

Here it must be kept in mind that, Reservation as we see it today, was not what the dalits of India wanted. The Simon Commission had agreed to the "Separate Electorate" demand of Dr. Ambedkar. Mahatma Gandhi in protest decided to fast unto death because he was of the view, that this will create further divisions between the untouchables and upper cast Hindus.
Later Dr. Ambedkar in the Poona Pact agreed upon reservation.

Critics of the Mandal Commission argue that it is unfair to accord people special privileges on the basis of caste, even in order to redress traditional caste discrimination. They argue that those that deserve the seat through merit will be at a disadvantage. They reflect on the repercussions of unqualified candidates assuming critical positions in society such as that of Doctors, engineers etc. Other arguments include that securing the separate legal status of OBCs and SC/STs will continue caste differentiation and encourage competition among communities at the expense of national unity. They believe that only a small new group of educated Dalits, Adivasis, and OBCs benefit from reservations, and that such measures do nothing to lift the mass of people out of backwardness and poverty.

Protest

A decade after the commission gave its report, V.P Singh, the Prime Minister at the time, implemented its recommendations in 1989. The criticism was sharp and colleges across the country held massive protests against it. Soon after, Rajiv Goswami, student of Delhi University, self-immolated himself in protest of the government's actions.

His act further sparked a series of self-immolations by other college students and led to a formidable movement against job reservations for Backward Castes in India

(Rajiv Goswami, self-immolated himself in protest, in 1989, died recently in 2004)






Recent News

Human Resources Development Minister Arjun Singh has raised a hornet's nest by proposing an additional 27 per cent seats be reserved for OBC students in higher educational institutions. If implemented, his proposal would take the reservation quota to a total of 49 per cent.

Hundreds of Delhi medical students clashed with police to protest against Centre's proposed 27 per cent reservations for the OBCs in central universities. Emergency services at All India Institute of Medical Sciences (AIIMS) and Guru Teg Bahadur Hospital have been affected after resident doctors went on strike.

This comes after 200 protesting students were detained. Indian Medical association (IMA) announced a 24 hours long bandh, along with resident doctors and faculty members. This strike fired the whole country. Later Resident doctors at the AIIMS were on a one-day hunger strike to express solidarity with protesting medical students. The medical students were on an indefinite fast in New Delhi.

Amid talks of a balance between equity and excellence, there have been suggestions for implementing the proposal in a way that creates no strife in society, socially marginalized sections are benefited and the interests of all protected. The increase in number of seats may be effective over a period of years keeping in mind the need for strengthening infrastructure.

The striking medicos got a boost as students of the prestigious Jawaharlal Nehru University (JNU) and Indian Institute of Technology (IIT), Delhi began a relay hunger strike at their campuses to express solidarity with them.

HRD Minister Arjun Singh told the Lok Sabha that the Government was "not unmindful" of concerns expressed by agitating students against reservations and that it was seriously considering all options that will also satisfy them.

The striking medicos got a boost as students of the prestigious Jawaharlal Nehru University (JNU) and Indian Institute of Technology (IIT), Delhi began a relay hunger strike at their campuses to express solidarity with them.

The Supreme Court directed the protesting medicos to call off their strike forthwith and assured them that the apex court would look into their grievances. Faced with the Supreme Court's strict warning and possible action, anti-reservation medicos and resident doctors in most parts of the country called off their 20-day strike and went back to duty immediately.

Still after the calling off a 20-day-long strike by the medicos the burning debate of reservation is not yet over.

Azmi