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  • Category: Indian Law

    Regarding benefits of reservation


    Want to know the benefits of reservation, affirmative acton and protective discrimination? Searching for detailed information about these terms? Find suggestions from here for your queries.

    Our indian constitution provide that there should be right to equality for every individual. However it gives reservation to various class. Is it in the accordance of law and if it is then I want to know how. Because it is the case where government is discriminating among individuals. Also I want to know in what cases and on what basis government can discriminate among individuals. As I have somewhere read about reasonable classification or also the concept of protection against arbitrariness what are these concept. Is it the way by which governments can discriminate among individuals. What is affirmative action? Does the affirmative action and protective discrimination same?
  • Answers

    7 Answers found.
  • Creating reservations is a type of affirmative action only. In this system, a specified percentage of seats in almost all fields including Parliament of India, state legislative assemblies, central and state civil services, public sector units, central and state government departments and all public and private educational institutions are set aside to the previously disadvantaged people. This has been given in the Indian constitution itself. But the Constitution specified a term for providing these reservations. They did it with a very good intention to bring up the people who are discriminated earlier. But the politicians started using it as a tool for obtaining votes. So they go on extending the period of implementation. But the question is by this system the real downtrodden people are getting benefitted? The benefit of these reservations is being utilised by the people again and again. In the same family, 3 or 4 generations are taking advantage of the system and some families are not able to utilise the same even once also. Nobody bothers to correct this system.
    The successive governments are trying to get benefitted bu this system. But the real people who are suffering never got benefitted by this system. Previously there was a discrimination between castes. But now this indiscrimination within the caste itself based on their social status has started. Because of this system only some people who are no way responsible for the earlier discrimination are suffering. This system needs to be corrected. But the question is who will bell the cat?
    Protective discrimination is also a system to protect people who are discriminated. Creating a reservation to a section of people is an action in the direction of protective discrimination only. There are many castes in India and it is believed that some castes are discriminated earlier and hence they are to be protected. So in this protective discrimination, those castes are given some reservations. Similarly, women in the society are also discriminated earlier and hence they are also given some reservation these days.
    To have the protective discrimination we have to take some actions are to be taken and those actions will be called affirmative action. Discrimination among the people is to be avoided. For this, there should a system called Protective discrimination. Reservations are affirmative actions.

    drrao
    always confident

  • Reservation is a very sensitive issue, because this topic has been debated for years, so this topic is also related to the feelings of the people.
    The reservation of the constitution which was conceived as an unavoidable means of achieving 'social justice' in just 10 years, has been provided for equality in Article 15 of the Constitution, even though the state is against a citizen of religion, caste, birthplace or It will not make any distinction on the basis of any of these, in clause-4 of the same article, there is a provision that any policy of this article or section-2 of article 29 gives the state the advancement of any section of socially and economically backward citizens. Shall not prevent any special provision for or for scheduled castes, tribes. It has also clarified that the state should make reservations in the public institutions for members of the backward classes or for the scheduled castes, tribes or give them concession in fees.
    The purpose of reservation was to uplift the weaker castes; But the benefit of reservation was given only to a few affluent families of one caste who were more prosperous in terms of education and economic. Many people of the same family got the benefit of reservation from generation to generation, But other needy people of the same caste remained deprived.
    Instead of providing reservation for deserving people, it becomes extremely important to understand and explain the difference between making them able to stand shoulder to shoulder with other people.
    Reservation is for those whose lives have been lost in the absence of them, but what should the children of a high official have been missing? If you enjoy a job by pretending to be deprived, backward, after using every comfort from childhood, then it is really a right to backward.
    It is not wrong to give reservation on the basis of the constitution, but according to the demands of time and the leaders who have done their own arbitrary, reservation has been made a means of their vote. Neither will it be called affirmative action nor protective discrimination because currently reservation It was not intended to be made while implementing it in the Constitution.

    Swati Sharma

    Keep your Face to the SunShine

  • Benifits of the reservation can be seen with the steady progress of the weaker sections in terms of their advancements in the economical and social fields. After the reservation policy, every economic indicators have escalated to a new height showing the growth of the oppressed class as a result of the benifits enjoyed by them due to the reservation. Prior to reservation, total administration was within the hands of upper castes for the thousands of years and being their status of governing bodies, we could hardly see any benifit passed on to the weaker class.
    We have to examine to what extent benifits were percolated to the backward classes. In the past, we could see the following observations-
    1) Multiple foreign invasions and for that no resistance was made by the public other than the oppressed classes who even sacrificed their lives to get their basic benifits.
    2) Then there was no division of the country on the cast line.
    3) Socio economic indicators were worst ever.
    4) Once the reservation policy was introduced, there was the huge opportunities of the oppressed class to show their potentials in the newly formed societies where they could show their caliber due to the improved education and other related facilities otherwise it was a dream for them.
    Reservation is a scheme to allow the unprivileged community to go ahead where as it was impossible for them to have attained to this status. Earlier, the Brahmins constituting 5 percent of the population could snatch 78 percent judiciary posts and SC, ST and Muslims comprising more than 40 percent population did not have the post of judges in the Supreme Court.
    This reminds us of the asymmetric society where the growth rate was not in uniform stage and as result of introduction of reservation policy, that disparity has been removed to a great extent.

  • If we see the history of India then we would find that in earlier times we had a caste system which made differentiation between people as per their caste. These castes were also created by our ancients though the main credit or discredit for same is given to the person named as Manu in our ancient history. At that time to run the social system and to divide the work volume between different people this scheme was devised and it had worked very well for a long time as people belonging to different classes took it as their destiny and God's will and none argued on the existence of that arbitrary system. As per that system the lower classes were supposed to do menial and low rated jobs while upper classes were engaged in scholarly and academic work or were given big positions in the court of the king. So, this system favoured the upper classes much as their children by virtue of taking birth in their houses by default also became upper class. It is ridiculous to think so but it happened and because of this many people remained poor and were restricted to have a low level life throughout heir lifetime. Kings, leaders, and upper class always supported this classification well as it always suited them.

    After getting Independence in 1947, our leaders attended to this problem of caste in the society and then to give advantage to this class, inserted clauses in the constitution for reservation to these categories strictly on caste basis so that they also come up and stand equal to the upper class. It was also agreed and mentioned that once the differentiation is eliminated the reservation could be withdrawn. So, reservation was applied in a good taste and it actually helped a great deal in up lifting of the backward classes in society. So far so good but it created another problem that the people who have already got the benefit started taking this for their children also as their caste remained same even though they became well off.

    Many voices then started against the reservation system but as it was an act in Govt working and so it remained like that and is still continuing. It can be removed but requires clearance from the Parliament. Actually speaking, there are only two castes in this world - one is poor class and other is rich class and if reservation was based on that criterion then probably no ambiguity would had emerged. Anything of the nature of benefit and reservation on caste or religion basis is going to create problem in long run.

    So, Govt decisions were never arbitrary and were in fact much deliberated before making them rules of the country. But the category to which they were applied was not based on financial consideration but on caste basis which itself was an ambiguous nomenclature. So what they could had done was to abolish caste system and to give reservation to the poor like they are doing in issuing special ration cards. Govt wanted to protect the interests of lower castes and did everything in that consideration only. It was affirmative as well as an act of protectionism. But it failed in wrong run.

    There are many other similar things that are required to be seen in this context. Protecting the interest of minority groups is something which Govt wants to do but to define who is minority or not is always an ambiguous proposition. Once the minority groups are being treated at par with other citizens then the question comes as what additional protection they want. This is a vague question but many minority leaders survive on those premises.

    So, benefits of reservation would go to the category for which the law is enacted and in all cases it is not necessary that the benefit would go to the real beneficiary because if our categorisation is faulty the benefit would not be available to the really deserving people. If we are politically motivated in our ideas and actions in spite of helping the poor and downtrodden whichever religion and caste they belong, then our reservation policy would definitely become a thing of ridicule in the longer run.

    Knowledge is power.

  • Reservation is given for people who are in a backward community and are given a reservation for jobs in government and also in government colleges. This helps them to get a seat in government with fewer marks or not having merit when compared to the general class. The Scheduled Caste in India gets 15 per cent seats. For Schedule Tribes, 7.5 per cent seats are reserved. For other backward Classes, 27 per cent of seats are reserved. Overall the total reservation is 49.5 per cent and the rest 50.5 per cent seats are open for all other categories. The main problem is that when a general category person comes to getting a job, the seats given are very less when compared to reserved categories. Most of them lose their jobs because of low seats. The main advantages of the reservation are as follows.
    Advantages
    For reserved categories, I have no doubt that they have got good status and jobs in government institutes and thereby raising themselves from their families. The percentages of reserved category people in government categories are good. A good number of students are enrolled in Graduate and Post Graduate Programs and thus ensures that education is the only way to fight for their problems. In the LokSabha, the SC&ST candidates get a good decision in presenting their views on different aspects happening in society.
    Disadvantages
    The main problem in giving reservations is it divides the people based on their caste, colour and gender which makes problems in our society. The reservation alone cannot give equality among all the people and many people feel that they may have inferiority and superiority in different sections of the people. Most of the people who are in general category work hard and they are not getting a good seat which is not a good thing happening in our country. The law and order situation leads to loss of life and property. We can see that Patidar reservation problem happened in Gujarat 2015 and also the Jat reservation problem happened in Haryana, 2016.

    "Earning knowledge is by sharing it with ISC and we will rectify our mistakes."

  • Reservation is the system started by our forefathers to uplift the status of socially and educationally backward communities in India. A large part of Indian society had been deprived of the right of equality,right of justice,right of education. They were compelled to live in ghettos. Reservation aimed at upliftment of downtrodden and weaker sections of the society.
    The current scenario of reservation in India is-
    15% seats are reserved for Schedule castes (SC). 7.5% seats are reserved for Schedule tribes (ST). 27% seats are reserved for Other backward classes (OBC). Total constitutional reservation percentage is 49.5%. And the rest 50.5% seats are open to all i.e. general, SC, ST And OBC.
    Advantages:-
    It gives the backward and weaker sections of the society to get the education with higher and upper class of the society. It has helped some people from these sections to get higher posts or services in the government sector as well as in some private sector. It has enabled them to fight for the justice whenever there is violation of their fundamental rights. Meritocracy is meaningless until all sections of the society are considered as equal. All the people should be brought to the same level whether it elevates a section or decelerates another regardless of merit. It has also slowed down the process of forward and upper class becoming richer and backward or downtrodden becoming poorer.
    Disadvantages:-
    Caste based reservation has deprived many people of getting the suitable jobs because people of reservation can apply for general category as well. It's propagating concept of caste based society instead of eliminating it. Poor people from forward castes don't have any social or economic advantage over rich people from backward caste. If this continues , it may result into the formation of another backward caste of people belonging to upper caste. Beneficiaries of reservation are largely from dominant class in backward castes. It helps them to get a seat in government institutes despite having less marks or merit than the general class.

  • In backward or developing countries, reservation is a mechanism to give benefit and advantage to the lower class and downtrodden. Whatever policy the Govt makes it has some open and clear cut privileges for these poor people like giving them Govt jobs, giving them loan for business, giving them monthly financial help, giving them unemployment allowance, and that sort of things. The most important thing in these privileges is the criterion of selecting the beneficiary. If it is based on poverty and unemployment then it makes some sense but if it is entirely for a particular religious group or caste in the society than it becomes a matter of great discussion and argument as that makes it complicated as that particular class starts assuming it as their right. They should understand that it is not a right. Its purpose is only to uplift and then divert that facility to the others who are still poorer.

    Thoughts exchanged is knowledge gained.


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