Tuesday, September 16, 2014

The Historic Prospective of Reservation

The Historic Prospective of Reservation
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 them selves 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 with out resentment( 1-91 ) The myth we are carrying for centuries is a big lie as mouth, arms thighs and arms cannot act as orifices for birth . This practice continued denying Shudras all facilities of leading decent life, sealing all human rights for them. Education the root of progress was banned for the untouchables   ( hereafter referred as Dalits ). It seamed that the  Caste  Hindus banned the jurisdiction of their goddesses Sarasvati ( Wisdom), Laxmi ( Money power) and Shakti ( Physical power) over the Dalit else they get polluted. This proved a  potent means for  social control and the reason to  ban traditional  Indian  education to  Dalits. From time to time conserted  efforts were made by  some good hearted persons. The efforts of social reformers like Lord Budha, Lord Mahaveera, Soami Dayanamda Saraswati, Raja Ram Mohan Rai , Swami Vivekananda,  Mahatama Jyotiba  Phuley, Gurus , Peers Bhagats of Bhakti  Movement, had very limited or no effect on the orthodox Hindus and Shudras continued leading life worst than animals. Such humanist acts were suppressed by all means and many reformists were even done to death.  Faithful execution of their duties brought more miseries to shudras. There by  they continued  to suffer for centuries under religious  prejudices.
 The Dalit emancipation from the Caste Hindu religious chains were not possible with out education to them. India remained mute and dumb to the  changes taking place else where in the world. In a survey in Madras Presidency between 1835-25 there were 12,498 schools  with 188,000 pupils but none from Dalits.The Sanskrit and Telgu were the medium of instructions  with teachers from Brahmins imparting  education mostly from their  religious books. Dalits were even left out of censes counts as no body was ready to go to their hutments  for fears of pollutions.
 With coming of Christen missionaries and establishment of  Church branches in different parts of India education for all started taking roots. Act of 1813 granted permissions to missionaries to start imparting education in the East India Co territories. In 1837 English was made official language of administration and opened subordinate services for Indian natives. On May 5, 1854 government lifted ban on admission to Government run schools on the basis of caste. When Caste Hindu resisted admission of Dalit in schools where their wards were studying, government open separate schools to education Dalits. Since then all teachers were Brahmins, they started leaving these separate schools. Despite such hurdles some Dalits got educated in schools particularly in missionary schools. Such Dalits who got education rose to the occasion  to help their Dalit brethren. Mahatam Jyotiba Phuley (1827-1890),who got education in Missionary school Pune, opened first ever  girls  school in 1948 in Pune followed by more such schools, where admission was open to all categories of pupils. His wife Mata Savitribai Phuley (1831-1897) home taught  , served as teacher. She was “ Mother Of Women Education in India, besides being  First Woman Teacher in India.”
Dalit emancipation movements( 1990-1947)
 Except some individual efforts not much was done  to educate Dalits till 1917 One among these noble heated King from OBC( Teli caste) Chhatrapati  Sahu Ji Maharaj( 1874-1922) earned the distinction of Dalit Reservation Hero, when he ordered by a Royal order to grant 50% Reservation for OBC in all government services. This was resisted by Bahrmins and other higher castes but Maharaja did not relent and this order was implemented to the extent possible Another OBC Raja of Pangal(1866-1928),who was Chief Minister and Premier of Madras Presidency from July 1921 to Dec 1926 ordered reservation in services for OBC. He was leader of  Justice Party government, which later renamed as DMK and  breakaway group named AIADMK, presently having its government in Tamilnadu.
However no effort was made to recognize the rights of minorities in British India till 1917.  Sensing troubles  in First World war ( 1914-18) 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 then came 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 7 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.
           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 decided to boycott Simon Commission and so greeted it with black flags & abuses on it s 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. As then even  the entry of the Depressed classes people were banned in Armed forces, police and paramilitary forces Dr. Ambedkar demanded  that the depressed Classes needed  greater political protection than any other  minority in British India as they are more educationally, economically & socially  backward  & suffer  from many politically disabilities .           
            The Simon Commission 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 besides voting separately to elect their representatives on Reserved seats. 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 ). 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. But Mahatma Gandhi , Congress Party & Caste Hindus were totally opposed to give such a right to Depressed Classes.  However 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.” It is not in the interests of the masters to free their subjects”.
     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 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 none for the cause of Dalits) The British Prime Minister had categorically  refused to consider 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, hammered out to save Gandhi’s life. Dr.Ambedkar was under great mental stress as upper caste Hindu organisations had started  burning hutments of scattered unarmed Depressed Castes rural masses. Many Dalits were attacked by lethal weapons as well. 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 think their future lies in the hands of party bosses who are from upper castes.
               Constitution Provisions:- These privileges and safe guards 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, 340 (Appointment of a commission to investigate the conditions of the backward classes to take steps to improve their conditions . This provision called for appointment of Mandal and  Kaka Kalerkar Commissions.  whose recommendations formed basis of 27% Reservation for OBC’s ). 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 phasing to attain the desired goal was through Reservation 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.
        Benefits for Minorities Scuttled:- The merit of upper castes has been deliberately used for disadvantage to the Dalits. If lapses in running the affairs of Govt of India in the last 65 years is any indication the falsified merit of upper castes particularly Brahmins gets vindicated. Despite existing all laws & rules for   recruitment in Govt services of Dalits, their share in services has remained nominal. Hence  Dalit  contribution in spoiling the soup is only an exploitation by the vested interests.
Government Department Services.
There are 10 --14 % Sc employees against required 15 % in Govt services of AP, MP, UP, TN, Karnataka, Gujarat etc, But the share of ST is only 2% against 7.5 % In 1999, there were 481 judges in the high court’s of India with 15( 3 %) from Dalits, but no f Dalits in 21 judges of Supreme court of India. In 1995 Dalit participation in All India Government services was just  10-11%. In 2004 in IAS & Allied services the participation of Dalits was 10 to 12 % ST __ %. There is no reservation in Media, Defence & Higher Scientific Services, Judiciary, Export Imports, Business & many other services.
 Position of Sc and ST in the Central Govt. Services as  on March 2011:-
(According to a reply given by the MoS in the Prime Minister's Office V Narayanasamy  also his  reply in the Lok Sabha by Narayanasamy in 2011 . )
          At the very top level of the government bureaucracy, out of a total of 149 secretary-level officers, there were no SC officers while there were only 4 ST officers, as of March 2011, At the next rung of additional secretary, out of 108 officers , there are just two each from SC and ST. Further down, out of 477 joint secretaries , 31 belong to SC, that is, 6.5% and 15 belong to ST that is 3.1%. And out of 590 directors, 17 belong to SC (2.9%) while seven belong to ST (1.2%). There is no reservation for these posts but one would expect that out of the pool of officers from SC and ST entering the civil services through quota — 15% for SC, 7.5% for ST and 27% for OBC — a better proportion would have made it to these top rungs by now.
Actually, even in the most sought after civil services, IAS, IPS and IFS, the proportion of SC, ST and OBC officers was below the mandated quotas. Out of 3,251 directly recruited IAS officers, SC officers made up 13.9%, ST officers 7.3% and OBCs just 12.9%. Clearly, the underprivileged sections are not yet getting the full advantage of affirmative action envisaged by the Constitution makers. This is further confirmed by the huge number of vacancies in government positions reserved for SCs and STs. This is causing unrest in the Dalit masses.
According to a statement given in the LS in November last year by Narayanasamy, there were 25,037 'backlog' posts for SC lying vacant in 73 government departments and bodies. These are positions reserved for SC members that have not been filled over the years and thus have accumulated. They include both direct recruitment and promotion-based positions. Out of these, 4,518 positions were vacant because no candidate was available for promotion. Similarly for ST, 28,173 'backlog' posts were vacant, of which 7,416 were meant for filling up by promotion.
If you look at all central government employees, 17%( Secy. level 0%) of them were SC while 2.796% to 1.2% were ST .This appears to be fulfilling the mandated norms of 15% SC and 7.5% ST. But there is a catch. There is a deep skew of SC/ST members in the hierarchy of central government jobs — as you move up the ladder, there are less and less employees /officers from SC/ST. Among Group A officers, only 11.1% were SC and 4.6% ST. In Group B, the shares were 14.3% and 5.5%, respectively. In group C, there were 16% SC and 7.8% ST, slightly more than the quota . And in Group D, there were 19.3% SC and 7% ST.
This high proportion of SC in Group D is because nearly 40% of "safai karamcharies" are SC. This pushes up the proportions all round. Actually it only denotes the harsh reality that despite all the talk of ending discrimination and socio-economic upliftment, Dalits are still forced to do most menial jobs. Manual carrying of human excreta is still prevalent in many areas.
The following table makes the things very clear( Excl.Safai karamcharies).

As per information received from various Ministries/ Departments, the representation of SCs, STs and OBCs in posts and services of the Central Government as on 1.1.2011 is as under:-
(erstwhile) D
(e): A Special Recruitment Drive to fill up the backlog reserved vacancies of SCs, STs and OBCs in services of the Central Government was launched on 19th November, 2008 to fill up all backlogvacancies existing as on 1.11.2008. The drive was extended upto 30.6.2011. The progress of the drive was reviewed on 1st July, 2011 and it was decided to re-launch the drive so as to fill up the remaining identified backlog vacancies by 31.03.2012. As reported by the Ministries/Departments so far, the backlog vis-à-vis filled up vacancies of SCs, STs and OBCs is given in the following table:
Source: Rajya Sabha Questions and Answers
This shows that the Central government is not serious in implementing the Reservation Rules as per the Constitution provision. All acts done by individuals or governments against the Constitutional norms is  un-lawful ,not good for the health of  India .It is deliberate denial of Human Rights. Dr. Ambedkar warned long back that governments crossing Constitutional limits  can be reasons to create  chaos in the country  which in turn  may not hold the country united for long.
Words:2995                                           By  Er. H. R. Phonsa ( Jammu)

                                    Contact:09419134060 Email:-hrphonsa@ gmail.com

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