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Reservation policy and Reverse discrimination

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DR. ABHISHEK SINGH
DR. ABHISHEK SINGH
Founder Director Lokbandhu Rajnarayan Law College Varanasi 221302 web: www.lbrlawcollege.org Since 2004

Reservation and comprehensive growth have been among the most intensely debated issues surrounding public policy in India. From many tools adopted to promote positive equality alike programmes for the upliftment of the backward classes which include exemption from school fees, the provision of scholarships, the provision of facilities like book grants, and the maintenance of hostels, or assistance to hostels for SC students, the reservation policy or the policies of affirmative action or preferential treatment and compensatory justice is one of them. The theory of positive equality was developed to deal with the self-destructive social conflict between the dominant and the depressed classes and the realization that such destruction could only be avoided by working towards a more egalitarian society based on equality and non-discrimination.

The concept can better be elaborated and understood presupposing three aspects: positive discrimination, reverse discrimination and compensatory discrimination. Positive discrimination denotes providing special treatment to those who are susceptible to exploitation. Compensatory discrimination involves adoption of measures to safeguard the interests of historically disadvantaged sections of people. Affirmative action and reservation policy are measures of distributive justice that endeavor to remedy such inequalities within a liberal legal framework. It is a social policy of the Indian state to ensure the participation and empowerment of the historically excluded section of the Indian society – through the mechanism of positive discrimination by way of fixing of quota in the electoral, public employment and educational institutions.

But ever since Champakam Dorairajan case of 1951, the there has been a huge change in social engineering  and amalgamation of social growth inclusion. Reverse discrimination is becoming a trend. The term “reverse discrimination” originated to describe the kinds of cases where members of a majority group are claiming they are now been discriminated against on the basis of their age, race, gender, or other protected characteristic. Reverse discrimination is a sort of unrelenting measure, which means discrimination against those who had discriminated. To increase the plight, the progressive judges said, even appointment means appointment to all the incidentals of joining the service like pension, gratuity, transfer moreover promotions also. The earlier cases struck down promotions. Eventually, the legislature then passed that reservations shall be applicable in promotions also. And then it went on, promotions, plus seniority, plus lowering of standards. When a race begins, everybody must be equal. Equality among equals is justice but forcing equality among unequals would lead to relentlessness.

One may have all the potential for acquiring that acumen (for the post) eventually. But that job has to be done today. We can give positive assistance, give deprived children free meals, reading rooms, free stay, extra tuition, every help that society can set apart. But in reservation lies not only folly, but a disaster. 50% cut off limit was only for educational institutions. That was transposed to services also. At that time, it was for entry, for appointment, which is all that 16(4) says. An enabling provision on reservation Article 16(4) has been amended many times. It just says, you may, not shall. Whenever the courts would try to create a barrier, the political class blows it up. The Constitution, very deliberately made a distinction and never used the word ‘caste’ always used ‘classes’. Reservations in public services were hardly thought of and what was put in were special measures for Scheduled Castes and Scheduled Tribes which had been deprived, how to help them with special measures. The courts are struggling with various types of discrimination cases, including those considered to be “reverse discrimination.”

The original intent of the Constitution needs to be examined. Reservations in public services were hardly thought of and what was put in, were, special measures for Scheduled Castes and Scheduled Tribes which had been deprived, how to help them with special measures. In case, the state feels they are inadequately represented, the state will put some reservation.

There will be no caste-based reservation. The general rule of equality is a part of the fundamental structure. Then (Article) 15(4) was introduced. Article 15(4) talks about class and class is not synonymous with caste. So factor such as poverty and illiteracy should be considered. It  was then provided that the state may make such provisions because the only exception that had been allowed was for women and children. Here it was that it may be for Scheduled Castes and Tribes that got extended to socially and educationally backward classes.

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DR. ABHISHEK SINGH
DR. ABHISHEK SINGH
Founder Director Lokbandhu Rajnarayan Law College Varanasi 221302 web: www.lbrlawcollege.org Since 2004
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