Reservations about Reservation

“Reservations about Reservation”

BY

J. L. Gupta

 

Some days back, the media reported "Jat leaders thank Sonia for backing the reservation demand. Hundreds of members of the Jat community on Sunday met Congress president Sonia Gandhi and thanked her for her role in getting the government to ask the Backward Classes Commission to take a quick call on granting them reservation in central government jobs."

Last week, a Daily from Chandigarh carried another report - "Captain writes to PM on Jat quota." The report said, "Former Chief Minister and President of the All India Jat Maha Sabha, Capt. Amarinder Singh has written to Prime Minister Manmohan Singh demanding that the Cabinet decision on providing reservation to the Jats under the other backward classes (OBC) category be extended to the States of Punjab, Jammu and Kashmir, Maharashtra and Andhra Pradesh too. In a statement, he said "the reservation should be based on caste and not religion as Sikh and Muslim Jats have been excluded from the benefit in several states." The report also indicates that ruling SAD is being blamed for its failure to grant reservation to Jats in Punjab.

The reports clearly indicate that an effort is being made to grant the benefit of reservation to Jats. The object of the government may be to please the community and to get votes. Still, the question that arises is -- "can the Government proceed to make reservations solely on the basis of caste or even religion under the Constitution? And more importantly- Have the reservations made thus far really helped in achieving the desired objective of improving the lot of the weaker sections of the society?

Justice and Equality are the promises that the constitution makes to the people of India. In the preamble, there is a resolve to secure to all citizens -- Justice -- Social, Economic and Political. Also Equality of Status and Opportunity. The preamble lays down the goal. It embodies the policy. The state is under a duty to work in a way that all get justice. All are given equal opportunity so as to become equal in status. Article 14 could have been enough to achieve this objective, yet, the founding fathers chose to make specific provisions in the form of Articles 15 and 16.

Article 15 prohibits discrimination only on grounds of religion, race, caste, sex or place of birth. However, Cl.(4) provides that “Nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled Tribes.” Furthermore, Cl.(5) provides that “nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled Tribes in so far as such special provisions relate to admission to educational institutions including private educational institutions whether aided or unaided by the state, other than the minority educational institutions referred to in clause (1) of article 30.

A perusal of the above provision shows that the state is debarred from making discrimination only on the basis of caste or religion etc. However, it has been inter alia provided that the bar shall not apply to the provision for the advancement of or admission of candidates belonging to ' any socially and educationally backward classes of citizens.’

Are the Jats, as a class, socially and educationally backward? Has the government conducted a study and found as a fact that the Jats are socially and educationally backward so as to deserve a preferential treatment? It appears that some time back the request of Jats for grant of reservation was declined by the government. Why and how has the sudden change occurred?

Actually, reservations have been in vogue for a long time. The people have been given the benefit of reservation. Merit has been sacrificed. The desired objective has still not been achieved. It is so despite the fact that the Constitution has been amended several times and additions have been made to the list of categories of persons for whom the benefit of reservation shall be available. The ever-increasing list is indicative of the fact that the desired objective has remained elusive; the lot of the backward class of citizens has not improved and that it is imperative to find some new method. What can it be?

Undeniably, there is poverty. It is also correct that the poor cannot send their children to good schools and provide facilities available to the more fortunate sections of society. In this situation, the experiment of reservation having failed, it appears to be more appropriate to adopt a different form of affirmative action. Measures for equalising the un-equals are permissible. The government having levied ‘education cess’ is under a duty to make Art. 21A a reality. It should provide good facilities in all schools. All children, irrespective of their economic position should be admitted to good schools. The children would have the equality of opportunity in getting education. At the end of the course of studies, the performance and not caste should determine their future. In this way, the lot of the poor children would improve in as much as they would have studied in good schools; enjoyed all those facilities which were available to all the other children studying with them. It would help achieve the constitutional goal of equality and justice. A good environment, congenial atmosphere and the opportunity for all students to rub shoulders together would by itself lead to a more harmonious growth of personality. This should help the members of weaker sections of society.

The Caste system has proved to be a curse in India. Let us move from mediocrity to merit. If we recognise merit, our performance should improve. While reservation induces a complacence, or laid back attitude; competition impels performance and improves quality. Still more, reservations on the basis of caste encourage fissiparous tendencies. It also encourages other sections to raise similar demands. These need to be curbed.

Even otherwise, Jats have been the fighting arm of India. They have ruled over States. Held positions of responsibility. How can they be collectively branded as socially and educationally backward? Before taking any further steps or finalising the decision, a proper enquiry into the matter is essential. A click on the Internet.. shows that the state of Patiala was ruled by Maharaja Bhupinder Singh. The former Chief Minister of Punjab is his grandson. Can the members of the ruling elite be treated as socially and educationally backward? Still more, the Internet shows that very eminent persons who have played a vital role in the country have come from the Jat community. Illustratively, the name of Ch. Charan Singh may be mentioned. He was the Prime Minister of India. Similarly, Mr. Balram Jakhar was the Speaker of the parliament. Mr. P.S. Badal, C.M. Punjab and Mr. B,S.Hooda the C.M. Haryana are Jats. Various other persons have attained positions of responsibility in different fields and services. All these facts need to be examined before taking a decision.       

            The best asset of a nation is its people. A nation can prosper only when it is built on the foundations of good education and a sound moral character. As a nation, we must realise that whatever we dump into human minds would yield more than any number of steel mills. Educated and enlightened men and women are essential for national progress. Education must receive the priority it rightfully deserves.           

 

            Secondly, we must ask ourselves: what keeps the majority of our people poor? We have resources. We have manpower. And yet the majority of us live below the poverty line. Why? In one line, the answer is: For the poor procreation is the only recreation. The result is a population explosion. A crisis of numbers. We continue to multiply rapidly. In one way, every new member in a family is an additional earn­ing hand. But we do not realise that he is also an additional mouth to feed. He is one more illiterate'. It is imperative that we control the numerical growth of people. We must by the process of education, through the media and in every possible way make it clear to the people that you will add to the numbers at your own cost. The nation shall not bear the burden. Henceforth, a person with more than one child should not be eligible for a government job or an elected office. If he gets a second child after joining gov­ernment service, he should not be eligible for any further promotion. No person with more than one child should be eligible for any con­cession or benefit of reservation. Undoubtedly, the measure would be unpopular. But the choice is between patriotism and populism. The government should not hesitate to sacri­fice the support from a sizeable vote bank, if it wants the good of the people.

 

            Thirdly, we must develop a work culture. We must realise that ‘individual idleness can only lead to national decay.’ The national progress can only be the sum total of individual indus­try. Honest and hard work alone paves the way to success. Labour alone can produce wealth and prosperity.

 

            We have the example of Japan. It is the only nation in the world which has faced the cata­strophe of an atomic holocaust. Its people are the only natural resource. And yet within a short period of time, it has become one of the greatest economic powers in the world. Hard and honest labour is the secret of its success. We must emulate this example.

 

            Lastly, we must realise that the Constitution not only guarantees fundamental rights but also imposes fundamental duties. Chapter IV-A was added to the Constitution by the 42nd Amendment in 1976. It makes a provision in the Constitution in line with Article 29(I) of the Declaration of Human Rights. It has been, inter alia, provided that "it shall be the duty of every citizen of India to strive towards excel­lence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement." If we realise this single duty and perform it to the best of our ability,-the nation of more than a billion people can surely look forward to a brighter future. The ideal of social and eco­nomic justice can then become a reality for the present generation. Will this be our New Year Resolution? Yes! Let us begin the year 2014 with this firm resolve.