INTRODUCTION:

Affirmative action policies are not only a phenomenon of the West, even various South Asian countries can be seen in this context, but since it would be practically impossible to cover all the countries, therefore in this paper I would be emphasizing on affirmative action policies as they had been seen in the Indian context. The Indian society is a classic example of caste and identity based socio - political structure not to forget the religious and communal influence on politics. The Indian subcontinent has exhibited a strange paradox, where the constitution which imbibes the ideals of social justice had done more to perpetuate injustice than justice, as the special measures or protective discriminatory measures which had been mentioned in the constitution for the emancipation of the downtrodden lot, have given rise to serious opposition to it on grounds of justice.

According to Partha S Ghosh “Any democratic society faces the challenge of harmonizing two essentially contradictory political concepts-one, equality before the law irrespective of religion, caste, creed, race gender, and the other, social justice at the cost of the same commitment for equality before the law. Even a developed democracy like the United States is no exception to the rule and has taken recourse to affirmative action to ensure justice for the less privileged sections of the society at the cost of individual merit and equality of all citizens before the law¹. These principles become all the more important for minorities who are quite vulnerable to biases and prejudice in society..

India is a land where pluralism and heterogeneity are the salient features and an undeniable reality within which the non ideal and the actual world functions. Before moving further it’s important to focus on pluralism, which will make the understanding easier. As far as defining pluralism is concerned, pluralism refers to the coexistence of diverse cultures thriving in a particular place. A plural society is characterized by diverse and often conflicting and antagonistic beliefs, every group has its own conception of reality and different ideologies shape their practices and views. Pluralism comes with its own set of inherent problems. What is of utmost significance is the need to cater to diverse groups so as to create harmony. This demands a mutual recognition of the needs of these groups, according to Andrew Vincent, it(pluralism) is a multidimensional concept, and several of its dimensions give us an idea about how pluralism manifests itself, to substantiate it, for instance, the metaphysical dimension of pluralism refers to long standing philosophical traditions concerned with multiple worlds, realities and truths. This implies that our ‘being’ in the world and our ‘knowledge ‘of it are irremediably fragmented ².

Bruce Haddock states that any cooperative venture involves authoritative procedures for the allocation of benefits and burdens. Given that procedures are conventions, they can be challenged and this is what is creating problems. At times the task of making a certain decision takes encouragement from hypothetical and presupposed outcomes and results, which are quite positive but which in the end might turn out to be contrary to the expectations³. He further elaborates that although in deep rooted pluralism we are faced with stark choices but the very fact that all individuals have to share the public space and resources automatically brings them together to acknowledge the importance of mutual interdependence(Haddock:2003:10). This process has not taken place smoothly and till date the effects of it are seen in the form constant strife over these matters. On the one end we have those who possess sufficient stores of food for their present and posterity and on the other hand we have those who have to struggle hard to afford two square meals, to make matters worse, is the persistent discrimination which had been embedded in our social structure, that its impact is taking a toll on the victims, who are reeling under what can be emphatically referred to as social exclusion. Social exclusion can be defined as a dynamic process of progressive, multidimensional rupturing of the ‘social bond’ at the individual and collective levels. Social bonds refer to social relations, institutions, and imagined identities of belonging, constituting social cohesion, integration or solidarity. Social exclusion precludes full participation in the normatively prescribed activities of a given society and denies access to information, resources, sociability, recognition and identity, eroding self respect and reducing capabilities to achieve personal goals ⁴.Exclusion as far as India is concerned had been driven by caste practice ,which had been a characteristic feature and has never allowed solidarity to prevail in our nation, in the following paragraphs the phenomena of caste has been elaborated.

THE CASTE DIVIDE:

Discrimination as a negative practice had been ubiquitous .Different countries have had different basis of discriminating against individuals, here in India discrimination is patterned along the caste lines. Indian society as what Marc Galanter (1984:7) writes has been described as a “compartmental society” within it a vast number of groups maintain distinct and diverse styles of life. The system by which these groups are related and mutually accommodated is so complex as to defy general description. He goes on to add, that one of the distinctive and pervasive features of the Indian society is the division into castes .

Defining caste:

Caste in the narrower sense applies primarily to the Hindus, who make up 85% of India’s population. Many features of caste are also found among the non Hindu groups, and the term caste as used here applies to these groups as well as to Hindus. The term caste itself has a variety of meanings. It takes on different shadings in the context of village, locality region and nation. It is in effect a set of shifting idioms for talking about affiliation and status. To start with, a caste may be taken to mean a jati i.e. an endogamous group bearing a common name and claiming a common origin, membership in which is hereditary, linked to one or more traditional occupations, imposing on its members certain obligations and restrictions in matters of social intercourse and more or less determinate position in a hierarchical scale of ranks . It has been estimated that there are 2000,or 3000 such castes (or sub castes as they are sometimes called) in present day India(Galanter:1984:7). Caste is the prime cause of hierarchical characterization in the Indian society. Caste in India is to affirmative action as what race is to the United States Of America, and often the two tend to be seen as being the same but both caste and race differ from each other. According to Ghanshyam Shah, there is a consensus among scholars regarding the central ideological thrust which underlies the caste social order, the caste system has been governed by the concept of purity and pollution, by interpersonal relationship among individuals being dictated in terms of blood, food and occupation and by rituals related to them being divided into the pure and impure⁶.

The caste system in India divides the people into specific social and economic groups, the Brahmin, Kshatriya , Vaishya and Shudra. The lower castes, which constitute a considerable number of the population, are subject to discrimination and segregation. Same is the situation with the U.S, where the discrimination is practiced along racial lines, similar to the caste problem in India. The blacks were segregated along racial lines.

Most of the times caste is seen to be synonymous with race, but it is not so, caste is a socially constructed phenomena and race depends on the biological aspect of an individual. Dipankar Gupta has categorically states ‘why is caste so often mistaken to be another kind of racism’? There are two reasons for this he states, one is a misreading of Vedic texts inspired by the distinction made by early indologists between fair Aryans and dark Dravidians. The other reason for equating caste with race comes about because there are similarities between the ways blacks were treated in Southern United States or in apartheid Africa and the treatment meted out to the so called untouchables in Hindu society. Strata based on race are arranged along a continuum of colour. Whites occupy one end and blacks the other end of this hierarchical ladder. He further states that unlike the distinctions used to demarcate racial separation, there is no objective indication of which category is to be placed where in the caste hierarchy, as no caste accepts that its less pure than the other castes, though it would easily grant that Brahmins are ritual specialists, there are probably as many hierarchies as there are castes⁷.

According to Dipankar Gupta, race politics gets its charge from the bipolar antagonism between the blacks and whites. As castes operate on the basis of separation into discrete categories which then fashion multiple hierarchies, the single hierarchy principle of race, would be quite alien to it. Consequently caste politics would be imbued with logic quite different from what obtains in racist politics. Gupta further elaborates that, race is an immutable category as race politics accepts that blacks and whites are immutable categories. In this situation there are two options, the first one being inverted racism, and the other being racial representation. In either case one has to work within the framework of race. Black panthers advocated racism and it did not work. A small minority cannot overturn a majority. What remains problematic however is that in inverted racism, it is racism that is still triumphant, albeit of another kind. Race representation accepts that races are here to stay, as it’s not possible to change the colour of one’s skin, hence even when there is a question of fairness, the tendency among liberal democrats is to push for a policy that would ensure some kind of proportionate representation in the job market and in educational institutions (Gupta :Seminar magazine :2001).The phenomena of caste in not as fixed as race, and thus can be changed with the empowerment of the individuals belonging to the these groups. The fixity of caste has seen a lot of shaking since the last few years, when individuals belonging to these groups had been able to climb the social and economic ladder with their sheer determined hard work, and attained positions of high stature; this all the more encourages the state government to put forth its policies, to help these groups.

According to G.S Ghuriye, Hindu society is divided into groups, known as castes, with varying degree of respectability and circles of social intercourse. The outstanding features of the Hindu society when it was ruled by the social philosophy of caste, unaffected by the modern ideas of rights and duties are as follows, a segmental division of society, hierarchical organization of groups, with Brahmins on top, thirdly, a restricted social intercourse, fourthly, the civil and religious disabilities and privileges of the different sections characterized by group segregation, fifthly, lack of unrestricted choice of occupation, and finally restrictions on inter-caste marriages ⁸.

All these features are typical of a society whose growth is stunted and non progressive. Such a society is bound to collapse under its own weight, hence playing with the basic rights of the individuals. No one has a right to decide what occupation is fit for anyone, by predeciding every aspect, this society not only killed the individual talent but it also made survival difficult. Immobility had to be tamed. On the eve of drafting of the new constitution special efforts were made to incorporate provisions to curb these divisive tendencies these are as follows.

RIGHTS AND POLICIES AS PER THE INDIAN CONSTITUTION:

The Indian Political system is one primary institution which runs according to the provisions as laid down in the constitution. According to Subhash Kashyap, a prominent constitutional specialist, the Indian constitution in sheer physical terms, it is the lengthiest constitution ever given to any nation. It is a very comprehensive document and includes many matters which could legitimately be the subject matters of ordinary legislation or ordinary or administrative action⁹. One of the most fundamental demands of the leaders of our national struggle for independence was that of the people having some basic human rights of freedom, equality etc. The problems of minorities accentuated the need of having a formal declaration of certain justiciable fundamental rights in the text of the constitution itself. By and large the fundamental rights incorporated in part three of the constitution are the inviolable rights of the individual against the state(Kashyap:2001:52) Kashyap further elaborates, representing the crystallization of the values and concepts held dear in India’s varied and rich cultural heritage and having its roots deep in the motivational forces of the national struggle for independence, the formulation of a bill of rights was among the first tasks to which the constituent assembly addressed itself. A comprehensive charter of rights was evolved through various stages in the Assembly and its committees. Coming closely on the heels of the Universal Declaration of Human Rights, inclusion of a bill of rights in the constitution of India accorded with the contemporary democratic and humanitarian temper and constitutional practice in other nations of the world. It reflected in no small measure the anxiety of the founding fathers to incorporate and implement the basic principles enunciated in the Universal Declaration. Also, incorporation of a charter of Fundamental Rights in our Constitution became necessary in view of the special problem of minorities and the need to assure them of the fullest protection of their rights(Kashyap :2001:94)

Marc Galanter (1984:363) states that the Constitution of independent India drastically restricts the use of arrangements for the distribution of power and benefits according to the membership in communal groups. They are discarded as a general principle of governmental operation and may be used only for the purpose of promoting equality. Communal preferences and quotas for the purpose of political accommodation are outlawed. The protective (or compensatory) discrimination authorized by the constitution is envisaged as an exceptional and temporary measure to be used only for the purpose of mitigating inequalities; it is designed to disappear along with these inequalities. The constitution makers did not intend it as a device to consolidate and protect the separate integrity of communal groups. But while the preferential principle is thus confined in the purposes for which it may be used, it has been expanded in scope to cover a wide array of governmental schemes and programs. He further adds that the effort to secure equality by means of preferential treatment must be seen in its constitutional context. In the constitution, the compensatory theme appears juxtaposed with the theme of formal equality. The provisions for compensatory preference appear as exceptions within a framework of enforceable fundamental rights which attempt to curtail the significance of ascriptive groups and to guarantee equal treatment to the individual¹⁰.

An eminent scholar writing on the history of reservation states, in the Indian context, reservations were introduced during the last decades of the nineteenth century at a time when the subcontinent could be broadly divided according to two main forms of governance-British India and the 600 princely states. The question of reservations was also discussed in the roundtable conferences, and provisions were made in the communal award of 1935, in spite of opposition by Mahatma Gandhi, seats were reserved in the legislature in favor of Mohammedans, Sikhs, Marathas, Europeans, Parsis, Anglo Indians and Christians. As regards the depressed classes the following provision was made: Members of the ‘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 these means alone, to secure any adequate representation in the legislature, a number of special seats will be filled by election from special constituencies in which only members of the ‘depressed classes‘ electorally qualified will be entitled to vote. Any person voting in such a special constituency will as stated above be also entitled to vote in a general constituency. It is intended that these constituencies should be formed in selected areas where the depressed classes are most numerous and that, except in Madras, they should not cover the whole area of the province. Mahatma Gandhi saw a danger to Hinduism in these specific provisions of the communal award in favor of the most deprived and disadvantaged sections of society, and threatened to go on a fast unto death. Under this pressure an agreement was signed between the Hindu leaders and the leaders of the depressed classes to save the life of Mahatma Gandhi. This agreement is known as Poona Pact. Although the number of seats allotted to the depressed classes increased from 78 to 148, but the untouchables as the depressed classes were called, lost the right to elect their own representatives and this right was transferred to the Hindus. The result was that those who were elected remained faithful to the parties and leaders who adopted them as candidates and favoured their elections¹¹.The politics of reservation did not help the depressed castes much. After the transfer of power in 1947,a drafting committee with Ambedkar as the chairman was set up to draft the constitution of India, some members of the constituent assembly were opposed to the provisions of reservation in favour of the scheduled castes. Scheduled castes members mostly belonging to the congress, were worried about losing reservation because Sardar Vallabhai Patel, president of the minority committee, was opposed to reservation. They approached Ambedkar who in turn advised them to speak to Mahatma Gandhi, and remind him about the promise made in the Poona Pact. Provision was made in the constitution of India for reservation in the legislature for ten years ending in 1960.This has recently been extended up to 2010.Provision was also made in the Public service for reservation, this has no time limit. As far as the constitutional provisions are concerned Article 46 contains the provisions regarding the interests of the weaker sections of the society which reads as: the state shall promote with special care the education and economic interests of the weaker sections of the people, and, in particular of the scheduled castes and the scheduled tribes, and shall protect them from social injustice and all forms of exploitation (Das :EPW: 2000, 3831-3834)

Who is a member of the scheduled castes and scheduled tribes has been defined under Article 366 of the constitution. Article 366 (24) Scheduled Castes means such castes, races or tribes as are deemed under article 34,to be scheduled castes for the purposes of this constitution. (25) Scheduled Tribes means such tribes or tribal communities or parts or groups within such tribal communities as are deemed under article 342, to be scheduled tribes for the purposes of the constitution, some of the articles related to the same are, Article 14 guarantees equality: The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 15 concerns discrimination against any citizen on grounds of religion, race, caste, sex, place of birth or any of them. Article 16(1) guarantees equality of opportunity in matters of public employment etc, saved by the provisions of article 16.There was considerable protest in the Southern states as the result of which the constitution was amended for the first time and clause 15(4) was added. Article 15(4) 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 scheduled tribes. Those who are opposed to reservations in public services have challenged all orders issued by the government under article 15(1) or under article 16.Article 226 (on the enforcement of fundamental rights by a High Court) or article 32 (concerning moving fundamental rights before the Supreme Court) are invoked and writ petitions are filed before the High Court. Sometimes the government comes before the Supreme Court and sometimes it is the petitioners, if they feel aggrieved who do so. Judicial process has routinely and effectively been used to obstruct the progress or to delay the implementation of the reservation orders((Das :EPW: 2000 ,3831-3834)

Galanter (1984:368) elaborating on the scope of the constitutional provisions for special treatment states that, the only specific authorizations for preferential treatment in the original constitution were in the fields of government employment and legislative representation. Discrimination in public employment is outlawed by article 16, but article 16(4) permits the state to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state. In addition article 335 provides: the claims of the members of the scheduled castes and the scheduled tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a state. The relation between these provisions remains somewhat obscure. Article 335 is confined to scheduled castes and scheduled tribes, while article 16 (4) extends to all “backward classes” .

Article 335 seems to include any method of preference, while article 16(4) is confined to reservations. Article 335 extends to all appointments “in connection with the affairs” of the state which may be broader than the “services under the state” referred to by article 16(4).Finally, article 320(4) provides that public service commission’s need not be “consulted as respects the manner in which any provision referred to in clause (4) of Article 16 may be made or as respects the manner in which the effect may be given to the provisions of article 335.”Both Articles 15(4) and Article 16(4) permit special provisions for backward classes. Article 15(4) applies to the state in all of its dealings, while 16(4) is confined specifically to the field of government employment. It has been held that more general fundamental rights provisions are displaced in relation to a specific area by provisions specifically pertaining to that area .Thus, the area of employment, offices, and appointments under the state is controlled by Article 16 alone, and preferences in this area must be within the scope of 16(4).This includes judicial office as well as administrative posts but it does not include elective office(Galanter:1984:364-369)

Myron Weiner contemplating on the issue of minority identities state that if answering the question that ‘could the fragile Indian democratic system survive the combined assaults of group violence and state force? Weiner states that an alternative view is that violence among caste, linguistic and religious groups is endemic in India’s variegated social structure, and that there is no reason to believe that the situation is worse now than in the past or that it’s likely to grow significantly worse in the future. Weiner stating his other perspective writes that group conflict is indeed endemic in India and that there are forces, some new that seem likely to worsen minority-majority relations, but what seems most likely to intensify ethnic conflict is the deterioration of political institutions. The capacity of institutions to manage conflict in the eighties and nineties is what is at issue. In a period in which majorities are becoming more self aware, a sense of territorial nationalism is emerging both among majorities and selected minorities and the international ties of some minorities are growing, political conditions are in flux, and the problems of conflict management are likely to mount, what exactly the minorities of India want: firstly they demand for a homeland. The sense of attachment to a ‘place’ in India is as powerful as attachment to a group and the two are closely intertwined. Secondly a major demand of the minorities is that their language be included in the eighth schedule of the constitution .Thirdly an alternative to statehood for dispersed minorities is to have reserved seats in legislative bodies and in the administrative services. Finally the question of security tops the list of what the minorities want. Poor and dispersed minorities most especially members of the scheduled castes, are particularly vulnerable to attacks from the majority ¹².The affirmative action policies are particularly directed towards making it easy for the minorities to somehow have better circumstances to work towards their emancipation and growth, but the proposal of these policies has met with stiff response and there have been proliferation of groups who demand that they should also be made beneficiaries of the reservation policies.

LANDMARK EVENTS IN THE HISTORY OF RESERVATION IN INDIA:

The first backward classes commission was appointed in January 1953 under article 340 to determine the “criteria to be adopted in considering whether any section of the people, in addition to the SC’s and ST’s already notified should be treated as socially and educationally backward classes¹³.This commission formulated four point criteria, viz, low position in the traditional caste hierarchy, lack of general educational advancement, inadequate representation in the government service, and inadequate representation in trade, commerce and industry, on the basis of which they identified 2399 backward classes in the entire country, classifying 837 as the “most backward” ones. Five out of eleven members of this commission were, however, opposed to linking caste with backwardness and recorded dissent. The Kalekar Commission report submitted its report on March 30,1955 and it was presented in the parliament with a memorandum on September 2,1956 (Saksena: EPW:2007).Evan Osborne writes, ‘although a four –point definition of eligibility was created, because of a paucity of data, the, commission adopted caste as the primary criterion. In 1978, after the state of Bihar’s decision to provide reservation for OBC’s led to widespread rioting, the central government appointed the so called Mandal Commission to investigate the relationship between OBC’s and the government at all levels in India. It issued a report in 1980 recommending that 27 percent of central government civil service jobs be reserved for members of OBC’s in addition to the existing 23 percent of reservations for SC’s and ST’s. However the report was ignored until 1990,when the V.P Singh government suddenly announced plans to implement the recommendations. After a rash of protests, civil disorder, and even public self-immolations, the Supreme court Of India ruled in 1992 in Indra Sawhney v Union Of India, that the central government and all state governments must create a “permanent body” for recommending inclusion in the OBC’s lists. It also required that there be an inclusion of the “creamy layer” of members of OBC’s who were not in need of educational and other opportunities and that under no circumstances should reservations for OBC’s exceed 50 percent of the population’ ¹⁴.

Rochana Bajpai writes that the Mandal policy represented a decisive turning point in the state policy of group preference in India, as job quotas instituted by the Indian constitution of 1950 for the SC’s and ST’s were extended for the first time at the national level to a large new group, the OBC’s and the rhetoric of social justice acquired a new prominence in Indian politics and came to be identified with affirmative action for the disadvantaged groups. Commenting on the competing conceptions of social justice, Bajpai states that social justice was the central legitimating concept in political arguments about quotas for backward classes in the 1990 Mandal debate. Announcing the government’s decision to implement the recommendations of the Mandal Commission Report, prime minister V.P Singh termed it as a ‘momentous decision of ‘social Justice’ ,and parties opposing the government’s decision were careful to preface their criticisms with avowals of support for the cause of social justice .While outright opposition was rare, there were differences in the degree of support evinced by different political parties for OBC’s quotas in the parliamentary debates.¹⁵

ASSESSMENT OF THE WHOLE SITUATION:

In the functioning of the political domain, the social is an integral part, and can either impart stability or play havoc with the democratic ideal. The social unrest which keeps building within the minds of the groups, who had been overlooked, comes out in the form of strong violent attacks on the government, and India has been witnessing the same scenario. One of the greatest impediments in the realization of the welfare of the marginalized group (with regard to the SC’s and ST’s) had been the political tactics of the OBC’s. Over the years these groups have become economically and politically quite powerful and are considered important as vote banks. The OBC category itself is marred with the case of internal polarisation. The relatively backward lot in the category continues to reel under poverty as all the cream of opportunities is grabbed by the dominant ones, when Pattali Makkal Katchi (PMK), a constituent of the ruling DPA in Tamil Nadu, pressed for providing reservations to the backward castes without excluding the creamy layer within it, the a five-judge Constitution Bench headed by Chief Justice of India K G Balakrishnan observed. "Will the creamy layer ever allow the disadvantageous class to come up. They are enjoying the cream. In short, creamy layer is like a higher caste who will not allow the really backward to come up. This will lead to a clash in the society. That is not the intent of reservation. This (reservation) is meant to bring up the most disadvantageous”. The Bench, which is examining the validity of the law providing 27 per cent quota to OBC in the Central Educational Institutions, made these remarks ¹⁶. Christophe Jaffrelot with regard to the OBC politics of reservation writes , “Affirmative action has followed a very specific route so far as the OBCs are concerned. Civil service quotas (the Mandal report allowed them as of 1980) were not intended to equalize socioeconomic conditions but to empower its beneficiaries. Indeed, they have transformed the OBC relationship to power: some of their own kind hold office, and psychologically this encourages them to go further. But even more importantly, Mandal enabled the OBCs to win political power. They started to make this achievement in the 1990s because they ran into such resistance from the upper castes that it galvanized them. The old vertical, clientelistic brand of politics inherited from the Congress system simply broke down, even though positive discrimination programmes did not do much to change the socioeconomic condition of the lower castes¹⁷.Yogendra Yadav and Satish Deshpande categorically elaborate that, from its earliest days, the OBC category proved to be a contentious one. This was because it formed the terrain on which the vexed questions of the precise relationship between caste and backwardness and between both these and special treatment from the state had to be decided. The backwardness of the SC’s rested on the idea of untouchability, which despite wide variations in practice (especially across south and north), was too stark and compelling to permit quibbling. So too with the ST’s their usually sharp spatial (if not always social) separation from mainstream Hindu society and for their undisputed poverty ensured definitional stability. Moreover, the entitlements of both the scheduled groups to compensatory discrimination from the state-though grudgingly conceded initially-had never seriously been questioned until the Mandal conflagration of 1990 ¹⁸. Yogendra Yadav states It was otherwise the OBC category-its definition (who should be included and why) as well as its implications (what should be the nature and extent of the entitlements it confers?) have been vigorously contested. The anti reservation “movement” of 2006 is only the most recent instance of this contest. The OBC’s embody a more complex relationship between caste and privilege or disprivilege, and thus present affirmative action policy with challenges as well as with opportunities. Whereas caste is seen as conferring only privilege on the forward castes and only disprivilege on the SC’s/ST’s, it can confer both on the OBCs (Deshpande,Yadav: June 17,2006 pg 2419-2424)

Policy design thus needs to be more sophisticated to capture the nature and extent of the relative disadvantages suffered by the OBCs. Instead of exploiting this opportunity to expand policy horizons, the general response has been to split the OBC category into subgroups to whom the same quota logic is reapplied. An alternative approach would be to move towards a more nuanced policy design that seeks to capture degrees of disadvantage as well as multiple kinds of disadvantage. The OBC category may thus enable the transition to a more integrated policy framework where caste is only one among many parameters of affirmative action (Deshpande,Yadav: June 17,2006 pg 2419-2424)

The evaluation of these compensatory programmes, writes Galanter, involves a two stage inquiry. Firstly, there is what we may call the problem of performance: does the programme actually deliver the goods (for instance, more jobs or housing or better performance in schools). In making such judgments we must be wary of all the pitfalls of measuring programme effects. Having satisfied ourselves that the programme has the projected effects, we then face what we might call the problem of achievement. Has the programme produced the results that it is supposed to achieve? Do more jobs for the scheduled castes produce considerate treatment by officials, or stimulate educational accomplishments, or produce social integration? To what extent does delivering the jobs entail the costs alleged by critics of preferential treatment-stigmatizing the beneficiaries, fomenting group resentments, lowering self esteem and so on ¹⁹.

Galanter pondering on the issue by stating it to be a ‘costly success’ argues that, what has the commitment to compensatory discrimination, done to the shape of Indian society and to the lives lived within it? Undeniably, compensatory discrimination policies have produced substantial, redistributive effects, though redistribution is not spread evenly throughout the beneficiary groups. Although the vast majorities are not directly benefited, but the reserved jobs bring a many-fold increase in the number of families liberated from circumscribing subservient roles, enable them to utilize expanding opportunities and support high educational attainments. Although such families constitute only a tiny fraction of all scheduled castes families-an optimistic guess might be 6 percent, they provide the crucial leaven from which effective leadership might emerge. Reserved seats afford a measure of representation in legislative settings, though the use of joint electorates deliberately muffles the assertiveness and single mindedness of that representation. The presence of Scheduled Castes and Scheduled Tribes in legislative settings locks in place the other programmes for their benefit and assures that their problems are not dismissed or ignored. Even so, there is evidence that Scheduled Castes and tribes are not accepted politically-few are nominated for non reserved seats, only a tiny number are elected and there is massive withdrawal by voters from participation in election for reserved seats in the legislative assemblies. Apparently large numbers of people do not feel represented by these legislators and do not care to participate in choosing them. Job reservations promote their presence in other influential roles, and educational preferences provide the basis for such participation. Galanter writes, preference programmes are integrative in several ways. Reserved legislative seats are generally occupied by members of national political parties. They must aggregate broad multi group support in order to get elected and, once elected must, participate in multi group coalitions in order to be effective. In the office settings, too, there are relations of reciprocity and interdependence. The broad participation afforded by reserved seats and reserved jobs is for many others a source of pride and warrant of security ²⁰. The compensatory schemes nurture the individuals of the neglected sections to be able to compete, by proving the necessary educational qualifications and technical skills. D.L Sheth states that the, two major issues which have figured in the recent agitations and in the debate they have triggered off in the intellectual circles. One pertains to the legitimacy of reservations for the other backward classes, and the other to the criteria used for identifying beneficiary groups. The provisions of reservations made for this category are not at all similar, either in type or extent, to those made for the scheduled castes and tribes. But the rationale is similar. Although, the OBC’s are not direct victims of untouchability or physical and cultural isolation, some communities among them are disadvantaged and oppressed by the hierarchical system of castes and as such in need preferential treatment. But the problem of identifying specific beneficiary groups among the OBC’s is quite complex. This has caused several legal battles, constitutional amendments and movements and agitations as well, and yet, the solution is nowhere in sight ²¹.

THE SHORTCOMINGS AND THE POSITIVE ASPECTS OF THE POLICIES IN INDIA:

Whatsoever be the response of the scholars and other individuals to the reservation policy, one fact cannot be denied is that they are a part of the constitution of India, and they thus need to be given due importance and loyalty. The preferential policies in India have their inherent drawbacks, as what Galanter states, at times the positions taken up by the beneficiaries are used to promote narrow interests-although we should not assume automatically that those they displace would bestow the benefits of their influence more broadly. If for example reserved seat legislators are disproportionately attentive to the concerns of their fellows who have something, it’s not clear that this is more the case with them than with legislators in general seats. At times receiving separate and special treatment in itself wounds and alienates the members of beneficiary groups; this is surely amplified by the hostility encountered on being identified as a recipient. As sources of alienation, these experiences must be placed against the background of more devastating manifestations of hostility, such as the much publicized assaults and atrocities perpetuated on the scheduled castes .The programmes even at times curtail the individual autonomy. The design of legislative reservations, the dependence on outside parties for funds and organizations and needs to appeal to constituencies made up overwhelmingly of others tends to produce compliant and accommodating leaders rather than forceful articulators of the interests of these groups. The promise of good positions offers a powerful incentive for individual efforts, but the reservations in government service and educational programmes designed to provide the requisite qualifications deflect the most able to paths of individual mobility that removes them from leadership roles in the community. Constraints intrude into central issues of personal identity by eligibility requirements that penalize those who would have solve the problem of degraded identity by converting to a non Hindu religion. He further goes on to add that, the diversion of resources by compensatory discrimination programmes entails costs in the failure to develop and utilize other talents .The exact extent of this is unclear²².Keeping aside the negative aspects, one gets strongly encouraged by the emancipation of the deprived sections who are now in a better position to participate actively in the socio political activities of the society and move with confidence, chances are better for the posterity of these communities to lead a respectful life. With the help of education not only the level of literacy has increased as far as the groups are concerned ,in fact many of the talented and hardworking of the lot are now holding positions of authority in various domains and be actively involved in the governmental decision making process.

As far as the Indian scenario is concerned, post independence every possible effort has been made by the constitution builders to take every possible step to include the depressed sections into the mainstream. The institutional mechanism of the Indian social and political domain is making every possible effort to have an integrated outlook and reflect homogeneity as far as treating every individual as first a human being rather than categorize on the basis of caste or class affiliations is concerned. As far as what next be done, here I would like to mention as what Yogendra Yadav and Satish Deshpande have clearly emphasized that as far as the need to have a better policy design is concerned one could cultivate the following features firstly, have an evidence based approach, i.e. a policy framework that is explicitly linked to empirical information relating to disadvantage, usually but not necessarily of a macro statistical kind. The advantage of such an approach is that it highlights the fundamental reason why affirmative action is being undertaken-namely various sorts of social and economic disadvantage. This helps to deessentialise identity markers like caste or religion – i.e.; it provides a rational explanation why specific castes or communities are entitled to compensatory discrimination and undermines attitudes that treat such entitlements as a “birthright”. A second important advantage is that evidence based approaches have a built in flexibility –they can adjust to and reflect changes in patterns of relative disadvantage. The downside is that such approaches have become data dependent and are vulnerable to the failings of the data sources and to the reification of the data. However the advantages far outweigh the disadvantages. The second feature to be cultivated is sensitivity to multiple sources of disadvantage, thirdly sensitivity to the interaction effects and to degrees of disadvantage-all of these features are also data dependent in practice, if not in theory. Such approaches are not only more robust in ethical-moral terms but also in terms of practical efficiency, i.e. minimizing costs and maximizing benefits. The disadvantage is that policy design becomes much more complicated and the institutional mechanisms involved can become fragile ²³.Keeping aside the costs involve, the benefits are far more precious, our country is standing on a crucial juncture where on one hand it is trying match up with the pace of the international scenario and on the other hand it has to integrate the country, and for the balancing act a balanced institutional structure backed by proper value system is needed, and prospects for the healthy formulation and implementation of the affirmative action policies, which are a prime instrument of social justice.

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22. Galanter Marc. Pursuing Equality: An Assessment Of India’s Policy Of Compensatory Discrimination For Disadvantaged Groups. Politics In India edited by Sudipta Kaviraj (Oxford University Pess,1997) pg 187-199

23. Deshpande Satish , Yadav Yogendra.Redesigning Affirmative Action. Economic and Political Weekly,(June 17,2006 ) pg 2419-2424

Received on 18.06.2017 Modified on 24.06.2017

Int. J. Ad. Social Sciences. 2017; 5(2):89-98.

DOI: 10.5958/2454-2679.2017.00008.1