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| Reservation: A curse or blessing | | | ADVOCATE ASHOK KUMAR BASOTRA | 10/6/2010 9:00:04 PM |
| Historical Background of reservation: - With the codification of Hindu Laws in The Manusmiriti centuries ago, web of 100% Reservation of dignified jobs for the Upper castes and undignified jobs for the Shudras was created. Manu said, the Illustrious one (Lord Brahama) assigned innate activities for those born out of his Mouth (Priest), Arms (Kshtriya), Thighs (Vaishya) and Feet (Shudra). Duties assigned for priest viz. Brahmin, he ordained teaching, and learning, sacrificing for themselves and sacrificing for others (1-88), for Kshtriya protecting his subjects, giving, having sacrifices performed studying and remaining un- addicted to sensory objects (1-89 ), for (Vaishya) protecting his livestock, giving, having sacrifices performed studying, trading, lending money and forming for commoners or Vaishya (1-90 ), the lord assigned only one activity to a servant “Shudra” serving these (others) classes without resentment (1-91). The myth we are carrying for centuries is a big lie as mouth, arms, thighs and feet can not act as orifices for birth. This practice continued denying Shudras all facilities of leading decent life, sealing all human rights for them, Although every 5th Hindu is/was an untouchable & lives in the same territory, as upper caste Hindus, worships same gods/ goddesses, forced to performed same set of religious rites . But Shudras were debarred from entry into Hindu temples, Schools, to draw water from public wells/ water tanks; to make use of same barbers, washer men, or wearing clean dresses. Ever since the categorization of Hindus into these four Verna’s, all doors, to progress mental, physical or spiritual dignity, honor, education, equality before law, dignified means of living or to earn livelihood were closed for Shudras or untouchables. The Hindus offered rice & sugar to ants, diluted milk to snakes, worshiped snakes, cows, bulls, birds like carcass eater crow, trees like Tulsi, Piple etc. But they avoided the shadow of Shudras to avoid getting polluted. The efforts of social reformers like Lord Buddha, Lord Mahaveera, Soami Dayananda Saraswati, Raja Ram Mohan Rai, Swami Vivekananda, Mahatma Jyotirba Phule, Gurus, Peers, Bhagats of Bhakti Movement, had very limited or no effect on the orthodox Hindus and Shudras in Hindus continued leading life worst than animals. External invaders came and succeed in over-powering Indian land because majority of the population was debarred by Manu’s Laws to use arms even in their self defense. The majority of kings remained busy to eat, drink & make merry. So we lost our freedom hand down for centuries.
British Rule & Reservation: - Until 1917 no effort was made to recognize the rights of minorities in British India. Sensing trouble the British Government declared in the House of Commons on August 20, 1917, “Policy of gradual Development of self governing institutions with a view to progressive realization of responsible Government in India as an integral part of British Empire”. Montague was sent to India to study the different shades of political opinion, all sorts of interests, & demands. All political organizations including representatives of untouchables (Depressed classes) placed their grievances before him in November 1917. Depressed classes demanded among other things right for untouchables to elect their own representatives to the legislatures in proportion to their population. The Act of 1919, based on Montague –Chelmsford Report, clearly recognized the existence of untouchables & their problem for the representation in legislatures and recommended nomination on 07 seats for depressed caste candidates. Dr. Ambedkar also appeared before this committee as, by then, he had grown deep roots in Indian politics by organizing large number of meeting to safe guard interests of depressed Classes & to seek share in political power in free India. Even Sawraj Constitution Of India framed under Pandit Moti Lal Nehru (June to August1928) did not provide for any special provisions for the representation of the Scheduled Castes.
The Government of India recognized “They (Untouchables) are 1/5 of the total population of & have not been represented in the Morley – Minto committee” -The government also recommended enhancing nomination of Depressed Classes from 07 to 14 seats.” It also announced the appointment of the Indian Statutory Commission better known as SIMON COMMISSION, after John Simon its chairman. It visited India twice. But Congress party under the command of Mahatma Gandhi a staunch Snatan Hindu decided to boycott Simon Commission and so greeted it with black flags & abuses on its first arrival at Bombay on Feb.3, 1928 & II visit in winter of 1928-29 Dr. Ambedkar was selected on Bombay Provincial committee by the Bombay Legislative Council, to appear before Simon Commission. Out of 18 depressed classes Associations 16 pleaded for separate electorates for Depressed Classes. Dr. Ambedkar appeared before the commission, on October 23, 1928, on behalf of Bahashkrit Hitkarini Sabha & he pleaded for joint electorates with reservation of seats for Depressed Classes. He opposed the principle of nomination (Act of 1919) & demanded a place in cabinet for the depressed classes besides education of depressed classes as a first charge to Government Revenue, right of recruitment in Army, Navy, Police & all other Govt Departments services. Dr. Ambedkar demanded that the depressed Classes needed greater political protection than any other minority in British India as they are educationally, economically & socially more backward & suffer from many politically disabilities
The Simon Commission Recommendations: - It recommended 60 % of seats (150 out of 250 seats) in central legislature to Hindus including reservation for Depressed Classes out of Hindu quota of seats. But an amicable solution of sharing political power in free India could not be settled by different parties, even after deliberations in two Round Table Conferences, which Dr. Ambedkar also attended as representative of Depressed Classes and demanded equal rights for the depressed classes peoples including respectable means to earn their livelihood. So to settle communal question The British Govt. Announced on 17 August 1932, which was better known as Communal Award declaring “Members of depressed classes qualified to vote, will vote in a general constituency. In view of the fact that for a considerable period, these classes would be unlikely, by this mean alone, to secure any adequate representation in legislature, a number of special seats will be assigned to them (A table was drawn to specify no. of such seats with Predencies). These seats will be filled by election from special constituencies in which only members of the Depressed Classes electro- rally qualified will be entitled to vote. Any person voting in such a special constituency will, as stated above, be entitled to vote in the general constituency also.
Gandhi Ji’s Fast- unto death and Poona Pact:- As Mahatma Gandhi ji , Congress Party & Caste Hindus were totally opposed to give such a right to Depressed Classes. Whereas Gandhi Ji and party did not oppose rights for Muslim , Sikh Europeans & Christians ,as Gandhi Ji had already acceded 14 demands of Muslims in “Gandhi – Muslim Accord of 6th October 1931 .” Gandhi was not prepared to give any right to untouchable which could establish their separate identity. Gandhi Ji supported caste system but said “Let the Hindus have an opportunity to expiate their sins and purify Hinduism.” Dr Ambedkar said that it was not in the interests of the masters to free their subjects. As Dalits were slaves to the Upper Caste Hindu slaves of British crown. Against all persuasions, explanations, clarifications, requests &deputations Gandhi Ji decided to go on Fast unto Death on 20th September 1932, in Yaravada Central Prison Poona, where he was lodged, to get nullified what the untouchables had got through Communal Award. Gandhi Ji said “Withdraw these safe guards or else, he will end his life.’’(Gandhi Ji is reported to have undertaken 21 fasts during his life time but non for the cause of Dalits) The British Prime Minister had refused to reconsider unilaterally, any alternation in Communal Award or withdraw it of its own, but was ready to substitute for it a formula that may be agreed upon by the caste Hindus & untouchables. Gandhi’s life was in the hands of Dr. Ambedkar, who responded to the call of humanity against his consciousness by agreeing to sign Poona Pact, on 24 th September 1932 hammered out to save Gandhi’s life. Certain safe guards and privileges were agreed for the Depressed Classes. Signing of Poona Pact cut the tongue of the Dalit leaders and their majority does not bother to speak forcefully for their kith & kins, as they (Dalit leaders) think their future lies in the hands of party bosses who are from upper castes.
Indian Constitution Provisions:- As per the promises agreed in the Poona Pact, privileges and safe guards for the S/C’S & S/T’S were enshrined in the Constitution Of Free India in the form of Articles 17 (Abolition Of Untouchability),16.16(4, 4A); (Reservation In appointments& promotions), 332 (Reservation of seats for SC’s& St’s in State Legislative Assemblies), 335 (Claims of SC’S & ST’S to services & posts, Further more in ART. 340 (Appointment of a commission to investigate the conditions of the Other Backward Classes to take steps to improve their conditions. This provision was called for appointment of Kaka Saheb Kalelkar & Mandal Commission whose recommendations formed basis of 27% Reservation for OBC’s, who are over 52% in India. The upper limit of all types of reservations was fixed by the Supreme Court of India. Despite all these provisions establishing of a free society in India is yet a distance dream even after over six decades of independence. The constitution Of India grantees to all its citizens equality before law, equal opportunities for education, social & economic upliftment In respect of Dalits. These are basic rights & not alms and this fact is yet to be under stood & given practical shape. The provisions of Reservation was to attain the desired goal as granted by the Constitution but instead of quick implementation of the provisions to attain equality in the society these provisions has been deliberately failed by upper castes , which are controlling entire show of the Government Of India including the private sector.
The confusion for time bound reservation was also created by the vested interests as they fail to swallow the reality pill of the provisions of Reservations in services & promotion as a permanent feature and the political Reservation as time bound, getting extension on the expiry of every 10 years.
Judicial Services & Reservation: - Giving an account of 2002 the Constitution Committee Review Report says that out of 610 judges, not more than 20 belong to SC and ST but no Dalits Judge in 21 judges of Supreme Court of India in1991. The committee headed by Sudarshan Nachiappan accused the higher judiciary system of denying post to competent person of the disadvantage group through a shrewd process of manipulation. He substantiated his argument by quoting 1993 judgment of Supreme Court, “Even today there are complaints that generations of men from the same family or caste, community or religion, are being sponsored and initiated and appointed as judges, thereby creating a new theory of judicial relationship.” He justified by saying, “The nexus and manipulative judicial appointment have to be broken. Reservation in judiciary is the only answer.” The parliamentary Standing committee said that judiciary too should reflect the people’s aspirations, the committee said, “Only when candidates drawn from different sections of society are appointed as judges, they would understand the social flavor of the legislation passed by Parliament and State legislature”. Another Parliamentary committee wants reservation for SC, ST and OBC in higher judiciary.
Mantra to enhance Fraternity: - Let all of us work to strengthen India instead strengthening Brahmins, Rajputs, Muslims, Mahajans, Sikhs, Kashmiris, Gujraties, Bangalies, Assames, Low or high, etc. so that Right Not Might Prevails in India. Let us faithfully adopt the democratic ways. Let us provide support to those who have been left behind by the adversaries of time & circumstances, to make them to catch up with others for the good of India. It is not in the interests of National unity to ignore the just rights of the Minorities any more. In fact Reservation in services is the legitimate share of the Dalits and other backwards which needs to be mentally reconciled by the upper caste Hindus, managers of the Govt. & Private sectors including PSU’S.
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