“The State must evolve a policy for identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so as to exclude them from the benefit of affirmative action. In my view, only this and this alone can achieve the real equality as enshrined under the Constitution… Can a child of IAS/IPS or civil service officers be equated with a child of a disadvantaged member belonging to Scheduled Castes, studying in a gram panchayat/zilla parishad school in a village,” following were the views of Justice B R Gavai while pronouncing the historic judgement on reservation quota.
Time and again political scholars have debated about the efficacy of reservation in achieving its objective of benefitting the lowest of the lowest on caste strata. To keep a check on the matter, constitutional framers allowed the President (in Article 341), through a public notification, to list as SC “castes, races or tribes” which suffered from the historical injustice of untouchability. SC groups are jointly accorded 15 per cent reservation in education and public employment. Over the years, some groups within the SC list have been underrepresented compared to others. States have made attempts to extend more protection to these groups, but the issue has run into judicial scrutiny and with this judgement, SC has upheld the rights of states to further sub-classify the castes, tribes , and races to reach certain sections of society which otherwise get shadowed due to the creamy layer already reaping the benefit of such provisions.
The problem with the current reservation policy is that mostly rich and influential backward-caste candidates are getting opportunities and benefitting from the reservation scheme while poor, backward-class people are still trying to meet their ends. The reservation system is so corrupt and is used in a negative way to meet electoral requirements that it fails to meet its actual propaganda of helping and raising Dalits and Those who were socially and economically backward during the time of independence. Reservation schemes are needed to provide social justice to the most marginalised and underprivileged, which is their human right. The percentage of depressed class living below the poverty line was 51.32 per cent in 1978-79, which was reduced to 35.97 per cent in 1993-94, although it was still above the national poverty average. Reservation has also helped people from marginalised communities in the sense that it has increased their enrolment in undergraduate, Postgraduate, technical, and professional courses. The percentage of enrolment of SC in these categories was 7.08 per cent in 1978-79 which increased to 13.30 per cent in 1995-96. Meritocracy is meaningless without equality. First, all people must be brought to the same level, whether it elevates a section or decelerates another, regardless of merit. Meritocracy should not be polluted by injecting relaxation of entry barriers. Rather, it should be encouraged by offering financial aid to the underprivileged, although deserving candidates only.
The division of society on the basis of caste brought by our colonial masters has only perpetuated the gap within otherwise heterogeneous Indian communities. Thus, To develop together as one single force , as one single nation with fair and just reservations, is a need of the hour to uplift the people with poor conditions of life, those who don’t have meals to eat, clothes to wear, and no home to live in. In reality, we don’t need reservations based on castes or religion but only to actually provide aid to those who have minimal resources, and merit should be given equally and due importance in admission procedures as well as employment opportunities. This way, we would be successful in removing caste discrimination and unite the economically rich together in helping the economically poor, irrespective of their castes.
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