Sunday, January 24, 2016

What is Reservation????

On a hot summer day, after two long hours of nagging lecture we had a short refreshment break. To overcome the exhaustion by the lecture, I clicked on the news section of my country in my laptop to be informed of the situations there. News flashing that day was about the demand for caste-based reservation for Patel community, raised by Hardik Patel. Clips of his provoking speech addressing a huge crowd were displayed. I wondered how a face from the crowd emerged overnight, and was greatly eminent in some few days, who could now confront Prime Minister.
                                                                                                                 Deeply engaged in the thinking process, I didn’t notice a fellow American student, sitting next to me was watching the videos. Suddenly he asked curiously breaking my thought processes - “Is this person a celebrity or politician?”

Surprised, not expecting a question at that moment, I flummoxed. Gathering my wit, I passed him a smile and replied “He is none of these”.

The answer wasn’t sufficing to quench his curiosity, he questioned again - “How is he followed by a colossal crowd?”

Confused how to explain as he would never have encountered any such situation, I tried explaining “The person on the screen is an agitator, demanding reservation for his Patel community”.

The guy was able to figure out the two acquainted words, one was ‘reservation’, and other was ‘Patel’ which he related with few of his Indian-origin friends in US, studying in Universities, employed or businessmen. He asked hesitantly with an insinuation- “Is this for any Reservation in a Hotel or a Flight for Mr. Patel?”

Poor fellow was yet unaware of the mighty ‘reservation’. I tried appeasing his curiosity with some explanation- “Socially oppressed communities in India are provided reservation in Government institutions for their amelioration.”

He exclaimed “What kind of reservation are they provided?”

With mixed views on the reservation, whether actually progressive or deteriorating for my country, I hesitantly said “They have reservation against merits of general category people”.

No efforts of hiding his consternation expressed by his wide open eyes, he grinned- “What is the reason behind such partiality?”

I was really having sympathy with him. Through his spectacles it was a partiality. He was unable to accept the ‘reservation’ our Government has always welcomed warmly. Considering his puzzled condition, I provided him with a reason “Reservation protects the oppressed people from social injustice and exploitation.”

Not agreeing with my statement, fiercely he replied “Let me cite you an honest example of upheaval of oppressed communities in America. Earlier, Africans were imported as slaves. In late 19th century, after a series of protests for their rights, importing them for slavery was banned by the law. But even after this, those who were already in the country remained greatly oppressed. They suffered great humiliation and discrimination. They escalated to their present conditions led by Jr. Martin Luther King, who followed non-violent civil disobedience movement who was a follower of Gandhi, he compared the African-Americans with the untouchables of India. Most of all, he also demanded for the upgradation of the other oppressed communities who were not blacks. He never demanded for any partisan reservation. Now they are not among oppressed any more, have the voting rights and are as equal as others.”

Defending my country’s opinion, I proudly stated “In India, voting right is basic fundamental right of every citizen, none can be devoid of. But the oppressed ones are also human beings and indistinguishable from other Indians, there is no reason they should be humiliated. There are special provisions for them to cope with their oppression, so they may gain social reputation”.

Somewhat carelessly, belittling my words he answered “If they look like you then actually you have no grounds to incorporate an unfair law in your Constitution. African-Americans were clearly distinguishable and actually this was the reason for discrimination. They were even devoid of voting rights and were humiliated. But lawfully they overcame their oppression themselves. They still appear distinct from white Americans, but are nowhere lagging behind and that too ‘without any reservation’. Even we have an African Origin American now as our President.”

I tried defending the reservation vaguely by explaining “We have reserved seats for oppressed even in constituent assembly, but these communities have suffered greatly for hundreds of years”.
Giving an ironical surprise look with his dancing eyes, he crudely stated- “Oh, does it really matters? What actually matter is the present situation and what can be done to get the people out of oppressed state. You are even tagging them as oppressed with such reservation. This would not serve any fair consequences, but will be regressing. Also, you will lose the eligible candidates by your so called ‘reservation’.”

Break was over, our debate ended up fragmentarily. Even after his lengthy stand, how can I neglect the mightiness of reservation which covers 49.5% of quota? Which exceeded 55% in Andhra Pradesh, Rajasthan and some states, but restricted by the High court in 2005. Tamil Nadu still is debatable on its reservation policies, continuing their 69% quota. In 1951, court provided a judgement that caste-based reservations were violating the constitution. To make the judgement inoperative, there was amendment in the constitution. Having the cover of constitution, some states catapulted to 69% of reservation. This unconstrained leap was checked by implementing the cap of 50% on reservation in 1963.

Proposed reservations for economically poor people among the forward castes was held illegitimate by the court in 1992, while there are still discussions on excluding or including the creamy layer. In the same year, court disregarded ‘promotions’ to be considered under reservation. As expected, in response again amendment was made in constitution to make the judgement void, which even mentions that the backlog vacancies are considered as special category and would not be under any cap of 50%.

Again and again court delivered judgement against reservation, repeatedly amendments were made in the constitution as an answer to overrule the court. Legacy of Judicial powers was challenged, politicians were mending it their own ways. This reservation sought for the politicians as a tool of politics is not justified anyhow.

Returning to the scene of classroom. The lecture was over with an end to classes that day. My friend and I were leaving the class together. Looking at me, he sarcastically questioned “By the way, is there any positive outcome of your so called ‘reservation’?”

Joyed, feeling my side weigh, I immediately answered “Yes, these oppressed people are studying and working with us in Government institutions.”

He clarified offhandedly “I meant to ask that are they oppressed yet, or had they overcome the situation in such a long period of reservation?”

The question left me with a deep silence, to delve into the thoughts with a direction. “Oh yes, if they are still oppressed, proves that reservation is no good. And if they gained a social reputation, then what is the need of continuing meaningless reservation”. My eyes sparkled with brilliance even after losing the debate.

My friend smiled and added a humor- “Nobody wants to lose their special provisions. It would be better if India proceeds in reverse direction and gradually covers all the castes categorized as reserved. Ultimately it will extract the roots of reservation- Everyone being under that 50%.”  Saying this he winked at me. Both of us smiled and he departed.


There was a great sense in his humor. Considering the present situation, it is ironically a great solution. Many castes are presenting forward to be categorized under reserved categories proving their oppressed conditions. This would actually help in getting out of this nettle of reservation. One may wonder why. It is actually not possible to step back in the policy of reservation, or every reserved category would be on the verge of revolting heavily. Gradually all the castes should demand reservation and finally complete population will be covered in this 50%. Indirectly, reservation will come to a happy ending with no more amendments in constitution giving chances to the politicians to deep root their seats over the foundation of this policy. This will eventually free us from the evil claws of reservation.



- Dr. Richa Singhania Agrawal

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