Sunday, June 8, 2008

Reservation in india.....!!








Definition:-
Reservation in Indian law is a form of affirmative action whereby a percentage of seats are reserved in the public sector units, union and state civil services, union and state government departments and in all public and private educational institutions, except in the religious/ linguistic minority educational institutions, for the socially and educationally backward classes of citizens or the Scheduled Castes and Tribes who were inadequately represented in these services and institutions. The reservation policy is extended for the SC and STs in representing the Parliament of India & state legislative assemblies.



Born of OBC reservation:-
In 2006, Indian education minister Arjun Singh announced extension of reservation benefits to the "Other Backward Castes" (OBCs) in central government educational institutions.There are ongoing disputes about statistical data used by Government of India and Indian states for offering reservation benefits to the socially and economically backward communities as identified by caste.



Types of Reservation:-
Caste based
Seats are reserved for Schedules Castes, Scheduled Tribes, and Other Backward Castes (based chiefly on caste at birth) in varying ratio by the central government and state government. This caste is decided based on birth, and can never be changed. While a person can change his religion, and his economic status can fluctuate, the caste is permanent.
statistics:-
  • In central government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (Dalit) and Scheduled Tribe (Adivasi) students (15% for SCs, 7.5% for STs). This reservation percentage has been raised to 49.5%, by including an additional 27% reservation for OBCs [2].




  • In AIIMS 14% of seats are reserved for SCs, 8% for STs. In addition, SC/ST students with only 50% scores are eligible. This ratio is followed even in Parliament and all elections where few constituencies are earmarked for those from certain communities. In a few states like Tamil Nadu, the percentage of reservation is 18% for SCs and 1% for STs, being based on local demographics.




  • In Andhra Pradesh, 25% of educational institutes and government jobs for BCs, 15% for SCs, 6% for STs and 4% for Muslims.



Religion based:-
The
Tamil Nadu government has allotted 3.5% of seats each to Muslims and Christians, thereby altering the OBC reservation to 23% from 30% since it excludes persons belonging to Other Backward Castes who are either Muslims or Christians.[3] The government's argument is that this sub-quota is based on the backwardness of the religious communities and not on the religions themselves.[3]
Andhra Pradesh's administration has introduced a law enabling 4% reservations for Muslims. This has been contested in court. Kerala Public Service Commission has a quota of 12% for Muslims. Religious minority status educational institutes also have 50% reservation for their particular religions.






State of domiciles
With few exceptions, all jobs under state government are reserved to those who are domiciles under that government. In PEC Chandigarh, earlier 80% of seats were reserved for Chandigarh domiciles and now it is 50%
.

Undergraduate colleges
Institutes like JIPMER have a policy of reserving postgraduate seats for those who completed their MBBS in JIPMER. AIIMS used to reserve 33% of its 120 postgraduate seats for the 40 undergraduate students (meaning everyone who had completed MBBS in AIIMS was assured a postgraduate seat, which was judged illegal by a Court.




The creamy layer:-
2006
Supreme Court asked Tamil Nadu Government to exclude Creamy Layer from Reservation benefits
.

In Recent years, non reserved communities are able to secure less % of seats compared to their population %. Article 2.2 of International convention of racial discrimination states that any form of Affirmative action should be removed immediately after its objective is met
The backward community has improved due to reservation as they have secured about 75% of seats in unreserved category (while their population fraction is around 50%) and they do not need reservation any further.



It can be seen that the Backward Castes have gained more seats than their population at the expense of Forward Castes, Most Backward Castes, Scheduled Castes and Scheduled Tribes.



On calculating the % of forward castes among all students admitted it works out 2.68% in 2005 (38 out of 1415) and 1.9% in 2004 (28 out of 1415).
Even without reservation the percentage of students from forward castes who are admitted out of the total students admitted in general category is less than the percentage of their population.



It may be noted that 'Forward Castes' have secured only 9% seats in General Category (or less than 3% of seats overall) as against their population of 13%.
In total seats, all castes except Forward Castes were able to secure more than their population.



The 'backward castes' who form about 46% of the population have secured over 52% of the total available seats.



The SC and ST communities, are able to secure 19.36% and 1.08% respectively of the total number of seats and 3% and 0% seats in General Category.

Forward Castes
Many political and social leaders who supports reservations for the Other Backward classes like M Karunanidhi of the DMK, Dr.Udit Raj (President, Indian Justice Party) etc normally estimate "forward castes" population as anywhere between 5-15%.
[15] This figure has hotly been disputed by such famous sociologists and commentators as Prof. Andre Beteille (Delhi School of Economics), Prof. Dipankar Gupta (Jawaharlal Nehru University), Prof. Satish Desphande (Delhi School of Economics), Dr Yogendra Yadav (CSDS) and Prof. Purushottam Agrawal (Jawaharlal Nehru University). National sample survey estimates "upper caste" population almost same as Backward classes at around 36%. Family health survey combined Forward castes population along with all communities of other religions. If one excludes Backward castes of other religions then it comes roughly around 38.6% which is more than Backward castes population.






Population data:-



SC/ST


Only SC/ST population details are collected in Indian census. The SC/ST population is 24.4%.



Other Backward Classes



After 1931,caste data is not collected for non SC/ST caste-groups in census. Mandal commission estimated OBC population based on 1931 census as 52%.There is an ongoing controversy about the estimation logic used by Mandal commission for calculating OBC population. Famous psephologist and researcher, Dr. Yogendra Yadav of the CSDS [who is a known votary of Affirmative Action] agrees that there is no empirical basis to the Mandal figure. According to him "It is a mythical construct based on reducing the number of SC/ST,






Muslims and others and then arriving at a number."



National Sample Survey's 1999-2000 (NSS 99-00) round estimated around 36 per cent of the country's population is defined as belonging to the Other Backward Classes (OBC). The proportion falls to 32 per cent on excluding Muslim OBCs. A survey conducted in 1998 by National Family Health Statistics (NFHS) puts the proportion of non-Muslim OBCs as 29.8 per cent.These surveys are considered as large by Oversight committee in its final report and by Dr. Yogendra Yadav. Oversight committee has used these surveys extensively in its final report.






Suggestions from others






  • Reservation decisions has to be taken based on objective basis
    Emphasis should be given to proper primary (and secondary) education so that groups under-represented in higher education institutes and workplaces become natural competitors.



  • The number of seats should be increased in the prestigious higher education institutes (such as IITs).



  • Government should announce long term plan to phase out reservations.
    Government should promote inter-caste marriages
    in big way for abolition of caste system as initiated by Tamil Nadu.



  • This is because the basic defining characteristic of the Caste system is endogamy. It has been suggested that providing reservations to children born of inter-caste marriages will be a surer way of weakening the caste system in society.



  • Reservations should be based on economic status instead of caste-based-reservations (But the middle class who get salaries will suffer and all the landlords and business tycoons can enjoy the benefit)
    People who are tax payers or children of tax payers should not be eligible for reservation. This is will ensure that benefits reach poorest of the poor and India will achieve social justice. The people opposed to this idea say that this will encourage people not to pay taxes and will be an injustice to those who pay taxes honestly.



  • Using IT the government must gather latest data on caste wise population, education attainment, occupational achievements, wealth etc. and present this information to the nation. Finally conduct a plebiscite on this issue to see what the people want. If there are significant differences what people want (as we can see in this wiki) then the government can have different castes take care of its own community by running their own educational institutions and providing employment opportunities without any government interference