India's reservation system and violations of democratic equality principles

¶ … India's System of Reservation for Scheduled Castes

Reservation' is another term for 'affirmative action' in India -- the law through which the members of backward ('Scheduled') castes and tribes are given preferential treatment in job and education admission quotas. Such Reservation laws have been in existence almost since the time of the country's independence about sixty years ago and arguments still rage both for and against the laws. However, in my opinion, the reservation system is seriously flawed as it has not only failed to better the lives of the less privileged classes in India, but also runs counter to the very spirit of democracy and equality of citizens, which India purports to follow.

There is no doubt that the Indian society has suffered badly from a centuries-old Hindu Caste system creating rigid religion-sanctioned classes, with those at the bottom of the ladder being classified as 'untouchables' and relegated to the most demeaning tasks. Through the reservation laws, the Indian government has attempted to help the less privileged castes such as the Dalits (previously known as the 'untouchables') and to redress the historic injustice meted out to them over the centuries. The arguments for Reservation laws, therefore, are almost the same as have been forwarded for the 'Affirmative Action' laws in the United States that seek to rectify the effects of slavery and the blatant discrimination meted out to its black population until recently. Unfortunately, while Affirmative Action in the U.S. may arguably have benefited the black community in some ways, the effect of the Indian reservation laws has mostly been negative.

For one, reservation has served to further divide an already polarized Indian society. While the intention of the founding fathers, especially Gandhi, was to reach out to the Dalits and to integrate them into the rest of the society, reserving jobs and seats in educational institutions for them has created further resentment against them. Moreover, poverty in India is so widespread and is not just restricted to the lower castes, resulting in demands by other groups and tribes in India to have their social status lowered in order to benefit from the reservation quotas. For example, there were major protests and rioting by the Gujjar community of farmers and shepherds in the state of Rajasthan recently when they demanded to be officially downgraded into the lowest caste status; twenty-three people were killed in clashes with the police (Gentleman, 2007). The protests also highlighted the tensions created between by the reservation policies of the government when 4 people were killed in a clash between another Rajasthan community -- the Meenas, who are already included in the lowest category of castes -- and the Gujjars, who were demanding the downgrade (Ibid.)

Another drawback of the reservation system in India is that it has only helped the privileged "creamy layers" of the Scheduled Castes, creating a 'super-caste' within a caste, while a vast majority of the underprivileged dalits, adivasis and Other Backward Classes (OBCs) have not benefited to a significant extent. The policy also severely compromises quality and the notion of meritocracy that is so essential for meaningful competition in an increasingly globalized world community.