RESERVATION POLICY IN GLOBAL CONTEXT

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           RESERVATION POLICY IN GLOBAL CONTEXT
                                                                          BY

Prof .M.THANGA DARWIN

(BBL;MA;Mphil(PUB.AD);MA(SOC);Msc(PSY);MA(ECO);

MA(Ling);MBA(HM);RgD;T.RgD;PGDCA.)


CONTENTS

1.                  Introduction
2.                  Indian Reservation Policy
a.      Constitution and Reservation
b.      Types of Reservation
c.      Reservation and Judiciary
3.                  Different Reservation Policy in various countries
4.                  Arguments
5.                  UN and Indian Reservation Policy
6.                  Globalization and Indian Reservation Policy
7.                  Significance of Reservation Policy
8.                  Conclusion
1.  Introduction:-
            Reservation is a part of the fundamental rights guaranteed to the socially,  educationally suppressed, oppressed deprived and historically disadvantages people.  So, the Reservation policy tries to create the most advantageous conditions for the socially and educationally backward classes in order to integrate them into mainstream and to protect their due share and opportunities.  The constitution of India protects the principles of equality. 

            All the nations in the Globe has its own reservation policy to promote equality among the people.

            UN emphasis peace and friendly relationship among nations based on equal right and self determination of people.

            Reservation policy affect and influence the Globalization.

            There are many arguments provided both in support and in opposition to reservation.

2.   Indian Reservation Policy:-

            India is divided in to many endogamous groups or castes and sub-castes, as a result of centuries of practicing a form of social hierarchy called the caste system.  Proponents of reservation policy says that the traditional cast system, as it is practiced  leads to severe oppression and segregation of these and limited their access to various freedoms, including education.

            After Indian Independence the reservation policy have been developing in sustainable way.

a)   Constitution and Reservation:-

            The Indian constitution prohibits any discrimination Indian constitution starts with a comprehensive preamble which reflects the socio-economic and political policies of the country.  It contains sovereignty, socialism, secularism, democracy and the republican principles.  It consists of social, economical and political justice.  It has the liberty of thought expression, belief faith and workshop.  It deals with the equality of status and of opportunity among all.  It has fraternity assuring the dignity of the individual and the unity and integrity of the nation.

            Part III of our constitution guaranteed fundamental rights like right to equality, right to freedom right against exploitation, cultural and educational rights.  The Indian constitution prohibits any discrimination based on religion, race, caste, sex and place of birth.  But while providing equality of opportunity for all citizens.

            The constitution has separate provision for SC/ST it appointed special officer for SC/ST to protect their rights and separate constituencies allocated to SC/ST to ensure their political representation.

            A special officer for linguistics minorities (Ar. 350B) shall be appointed by the president to investigate all matters for linguistics minorities and report to precedent upon these matter which ensure the linguistics minorities rights and privileges.

b)  Types of Reservation:-

            Seats in Educational institutions and jobs are reserved based on variety of criteria. 

(i).       Reservation for Caste

(ii).      Reservation for Religion

(iii).    State of Domicile Reservation  

(vi)      Reservation for College of undergraduate

(v)  Others:

-         Gender ( around 30% of seats are reserved for females in many institutions)

-         Sons/ Daughters/ Grandsons/ Grand daughters of freedom fighters

-         Physically handicapped

-         Sports personalities

-         Non-Resident Indian (NRI s)

-         Candidates sponsored by various organization

-         Those who have served in the armed forces (Ex - serviceman quota)

-         Dependant of armed forces killed in action

-         Repatriates

-         Those born from inter cast  marriages.

-         Widows and deserted women.

c)  Reservation and Judiciary:-

            Indian judicial has pronounced some judgments upholding reservations and judgments for fine tuning its implementations lot of judgments regarding reservation have been modified subsequently by Indian parliament  through constitutional amendments.  Some recent judgments of Indian judiciary and its implementations.

            1994-supreme court advised Tamil Nadu to follow 50% limit.  Tamil Nadu Reservation  put under 9th schedule of the constitution.

            2005-supreme court ruled that reservations can't be enforced on unaided private educational institutions.  93rd constitutional amendment introduced Art 15(5) for implementation.

3)  Different Reservation Policies in various countries:-

            Each nation has it own Reservation policies to promote equality among the people.

            Affirmative action programmes implemented by developed and some developing nations like USA, Malaysia, Brazil and South Africa.  Especially in the USA, differ significantly from the cast-based reservation system in place in India.  Affirmative action in the USA recognizes that there are multiple factors of exclusion and discrimination working in society such as race, gender, economic factors etc.  While cast-based reservation focus only on last at the cast of addressing social justice concerns more effectively for the sake of narrow political ends.

            The research study conducted by the Harvard University that Affirmative Action programmes are beneficial to the under-privileged.  The studies said that Blacks who enter elite institutions with lower test scores grande than those of whites achieve notable success after graduation.  They are even slightly more likely than whites from same institutions to obtain professional degrees in law, business and medicine.  They become more active than their white classmates in civic and community activities.

            A study said that, the Brazil constitution and the legal framework provided for the right to racial equality.  The impart of new policies, and identified priority has been tackle and link between racism and education and income opportunities.  Both affirmative action and social protection programmes need to be complemented by measures to target the equality in services.

            A Article said the South Africa constitution provides strong framework to promote substantive equality including economic and social rights.  Affirmative action benefited women in political life.

            A study said that, the India provide different examples of a range of entrenched institutional social and political constraints implementing a 60 years of commitment to equality.

            The post-independence makes provision for quotes to achieve greater social equality.  Looking in particular at the impact on social and religious discriminations affecting the ' untouchables', evidence suggests positive imparts in a number of domains, in particular political  representation and the emergence of a more inclusive middle-class.

            Hence at present Indian reservation policy is very complex one, than the other countries reservation policies, which is try to given equal opportunity to socially, cultural, religiously, language and regionally different people of India.

4.  Arguments:-

            We have been hearing every day, arguments, protest, criticism through media. Some of the arguments are,

Arguments offered by supporters of reservation:-


            1.  Affirmative action has helped many if not everyone from under privileged and under represented communities to grow and occupy top positions in the world leading industries.  Reservation in education not the solution, it is just are of the many solutions.  Reservations is a means to increase representation of under-represented caste groups and there by improve diversity on campus.

           

2.  To provide social justice to the most marginalized and under privileged is our duty and their human right.  Reservation will really help these marginalized people to lead successful lives, thus eliminating caste-based discrimination which is still widely prevalent in India especially in the rural areas

            3.  Reservation in Tamil Nadu over 30 years have worked to such a level that OBC's are able to outshine the forward castes and hence the overall performance of the students have increased validating the argument that reservation brings out the best from the weaker sections of the society.

            4.  Casteism is the root cause of the suffering of more than half of India's population.  To eliminate casteism we need to help underprivileged people to do well in their education and share the same social status as the upper caste people.

Arguments offered by anti-reservationists:-


            1.  Cast Based Reservation only perpetuate the notion of caste in society, rather than weakening it is a factor of social consideration, as envisaged by the constitution.  Reservation is a tool to meet narrow political ends.

            2.   Allocating quotas is a form of discrimination which is contrary to the right to equality.

            3.   Providing quotas in the basis of an accident of birth and not on the basis of competitive merit will be discriminatory to talented students, and weaker the country's competitive edge.

            4.   Poor people from " forward castes" do not have any social or economical advantage over rich people from B.C.

            5.  Combination of factors like, wealth, Income, Occupation will help to identity real needy people.  Most often, economically sound people make use of most of the seats reserved for B.C, thus making the aim a total failure.

            6.  Many cite the Mandal Commission report while supporting the idea of reservation.  According to the Mandal Commission 52% of the Indians belong to OBC category, while according to national sample survey 
1999-2000 this figure is only 36% (32% excluding Muslim OBCs)

5.  UN and Indian Reservation Policy

            The charter of the United Nations chapter IX Article -55 said, with a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote.

a.      Higher standards of living, full employment and conditions of economic and social progress and development

b.      Solutions of international economic, social, health and related problems and international cultural and educational cooperation.

c.      Universal respect for, and observance of human rights and fundamental freedoms for all with out distinction as to race, sex, language or religion.

Article 56 said, All members pledge themselves to take joint and separate action  in co-operation with the organization for the achievement of the purposes set forth in Article 55.

      The Indian constitutions has sufficient provisions for achieving the Article 55 of UN charter.

      How to achieve this, only through Reservation policies Indian reservation policy penetrate through all section of the people of India to achieve equality, human rights and stability in well-being.

      From above data, India has effective reservation polices camper with  other nation to achieving peace and stability in the nation.

      The UN security council emphasizes the need for reservation to reduce terrorism.

      Hence India is a right nation to permanent membership of UN security council.  Which is helpful to people of India effectively participate to peace building activities in the world.

      Recently UK, France, Chaina support to India for permanent membership in UN.

6).  Globalization and Indian Reservation Policy:-

            Globalization is international integration. It can be described as a process by which  the people of the world are unified in to a single society.  this process is combination of economic, technological, socio-cultural and political factors.  Globalization is also defined as the internationalization of everything related to different countries.

            A Research study said much of the economy, the cultural, the social movements and the political discourse in South Asia up to the late 1980 could still basically be seen in terms of tradition albeit with change but definitely with a strong total paradigm, embedded in indigenousness.  Recently however the various ingredients that constitute globalization opening of markets and the imposition of neo-liberal policies, Reservation policies, the acceptance of one mainstream international human rights standard, long distance political network etc., have brought south Asia much closer to the world outside and world outside closer to South Asia.

            To achieve pure Globalization, each individual in the world should be integrated. Each nations should be adapted perfect liberalization policies and Reservation policies, which is tray to give equal opportunities each sections of the communities in the world.

            Hence the Reservation polices strongly affect the Globalization.

7).  Significances of Reservation Policy

1.      Reservation Policy promote equality

2.      Reservation policy ensure social justice

3.       Reservation policy Improve rational economical  activities.

4.      Reservation policy prohibit  and reduce discriminations in the world.

5.      Reduce conflict among the communities and social groups.

6.      Reduce social problems like family disorganization, crime, violence against women, poverty and female infanticide etc.

7.      Promote people participation, which means all sections of the community can participate Governmental activities through Reservation policy.

8.      Reservation policy Stimulate developmental Administration.

9.      Reservation policy given opportunities to each section of the peoples which is ensure well-being of every individual in the world.

10. Reservation policy are impertinent tools for peace building activity in the world.

11. Reservation policy can reduce international as well as national terrorist  activities.

12. Reservation policy  promote  democracy in the world.

13. Important significance of Indian Reservation policy is caste -base reservation system, which is up-lift lower cast people in India.

8)  Conclusion


            Weather Affirmative action schemes or caste/race base reservation system, the reservation policy is very important to peace building activity in the world which is ensure that every individual has living in peaceful and better way (well-being).

            We are social scientist have to think about the emerging issues  and how to salve the problems in the implementation of Affirmative action schemes or caste/race base reservation policies which is ensure equality of every sections of the people in the Globe.

           




REFERENCE:

1.                  The Times of India, (http.//www.timesof india.indiatimes.com)

2.                  Constitution of India,

(http://www.oefre.unibe.ch/law/icl/in00000_.html)

3.                  Who are the OBCs, (http://www.theotherindia.org/caste)

4.                  Court, quota and cream,

(http://in.rediff.com/news/2006/may/30spec.htm)

5.                  International convention on the elimination of all racial discrimination to which India is a signatory states,

(http://www.orchr.org/english/law/cerd.htm)

6.                  Reservations: Towards a larger perspective,

(http://www.obcreservation.com)

7.                  Anti-quota protests spread,

(http://in.rediff.com/news/2006/may/14quota.htm)

8.                  Information on U-M Admissions Lawsuits,

(http://www.vpcomm.umich.edu/admission/research)

9.                  National News, Analysis, Commentary, (http://www.ndtv.com)

10.             Reserved Classes forge ahead, (http.www.hindu.com)

11.             Quota, (http://www.in.rediff.com)

12.             Research Activities - Globalization in South Asia,

(http://www.ide.go.jp/English/Research Project/2005/408.html)

13.             Globalization & its impact, ( http://www.easas.org)

14.             Globalization, (http://www.en.wikipedia.org)

15.             UN, (http://www.un.org)

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