Reservation law Options

[pancaindera]

Im just curious about this law in India. From my understanding, the law permits discrimination or affirmative action in favour of lower caste Indians. Is this law widespread? Is it strictly enforced? I find it quite similar to Malaysian bumiputra laws. But the difference is that in Malaysia the discrimination is based on race regardless of your social status. The reservation law in India seem to make more sense. Overall is it a bad thing for India? Has it affected many Indians' livelihood? Has it really helped lower casted Indians?

[VAMAN]

How come this thread escaped my attention.

Im just curious about this law in India. From my understanding, the law permits discrimination or affirmative action in favour of lower caste Indians.

Yes very right. The reservation law permits positive discrimination to uplift socially deprived sections for the society. Under this law portion of the seats in Parliament of India, state legislative assemblies, all types of government jobs and educational institutions is reserved for -

• SC (Scheduled Castes) - Dalits or Untouchables.
• ST (Scheduled Tribes) - Tribals.
• OBC (Other Backward Classes) - Politicians sometimes want to favour a community or an ethnic group so they put that group into this category.

Is this law widespread?

It is the most widespread law in India. Reservation law applies to all regions of India. The percentage of reservations can vary from region to region depending upon relative population of SCs and STs in that particular region. Percentage of reserved seats vary for government jobs and institutions run by the central government and various state governments. And it is also effected by the type of politics in that state.

In some states some Upper Caste people are also getting reservation benefits because they are big vote banks for politicians.

Is it strictly enforced?

Ofcourse. The law for everyone and everyone have to strictly abide by it. So much so if the reserved seats remain vacant they are not open for general category candidates. The reserved seat are exclusively meant for ST and SC category candidates. However an SC and ST candidate can compete for general seat, if SC or ST candidate's merit is high enough he/she will get the general seat.

I find it quite similar to Malaysian bumiputra laws. But the difference is that in Malaysia the discrimination is based on race regardless of your social status. The reservation law in India seem to make more sense.

During colonial British Raj period, the British used reservation laws to benefit a section of people. This was the way to reward that group of people for their services to the British Empire. What do you think British were able to hold their empire for so long? The reservation laws in both India and Malaysia are devived from those British laws in colonial times. The manner of their implementaion is also very much similar.

The Malaysian law discriminates in a negative way, no doubt about it. But the Indian law though for a good cause is also very discriminatory. For this you need to understand the reality of politics in contemporary India and the ground realities of the Caste system.

Overall is it a bad thing for India?

In my opinion it is a very bad thing for India and should be do away with. It has become a toy in the hands of politicians and it is creating rifts in the society.

Has it affected many Indians' livelihood?

It is a complete failure. The needy is still needy and the powerful are only getting more powerful. It had made some groups very powerful and resourceful. The globalization has made life a bit easier for many. But in many less developed regions, where government jobs are still the major source to earn livelihood, even high caste people are agitating to have reservation benefits for their own community. Some months ago Gujjars (one of the High Castes) in Rajasthan state demanded reservations for their own community. I have made a thread on it sometime ago.

http://www.asiafinest.com/forum/index.php?s=&showtopic=122486&view=findpost&p=2984789

Has it really helped lower casted Indians?

It helped the lower caste people to some extent. But the rich and more resourceful among the lower castes take almost all the benefits of the reservation policy. The really deprived and poorest people are still deprived.

This post has been edited by VAMAN: Feb 27 2008, 01:47 AM

[jiggyiggy]

There's no point in using terms like "lower" caste because they are derogatory in a way and it helps perpetuate generational classism. You aren't going to tackle the caste system if you use terms like higher and lower caste. I think we should stick to terms like "Scheduled Castes" or even "Scheduled Groups."

This post has been edited by jiggyiggy: Feb 18 2008, 12:07 PM

[VAMAN]

There's no point in using terms like "lower" caste because they are derogatory in a way and it helps perpetuate generational classism. You aren't going to tackle the caste system if you use terms like higher and lower caste. I think we should stick to terms like "Scheduled Castes" or even "Scheduled Groups."

Those Dalit people have no problem with calling them lower-caste. In fact they themselves use it with opulence. They are lower-caste that is why they are getting reservations. Until these reservations remain caste system will exist.

[Jagger]

The backlash against reservations in India seems quite similar to the backlash against affirmative action in Western countries.