NATIONAL KNOWLEDGE COMMISION COMMISIO N AND ITS IMPLICATION IN HIGHER EDUCATION Knowledge Knowledge has been recognized recognized as the key driving force in the 21st century and India’s ability to emerge as a globally competitive player will substantially depend on its its know knowle ledg dge e reso resour urce ces. s. To fost foster er gene genera rati tion onal al chan change ge,, a syst system emic ic tran transf sfor orma mati tion on is requi require red d that that seeks seeks to addr addres ess s the the conc concer erns ns of the the entir entire e knowledge spectrum. Such a knowledge revolution that seeks to build capacity and generate quality will enable our country to empower its human capital – including the 550 million below the age of 25. Our unique demographic dividend offers a tremendous opportunity as well as a daunting challenge which requires creative strategies for a new knowledge oriented paradigm. Keeping this scenario in mind, the National Knowledge Commission (NKC) was constituted in June 2005 by the the Prim Prime e Mini Minist ster er Dr. Manmo Manmoha han n Singh Singh,, under under the Chai Chairm rman ansh ship ip of Mr Mr.. Sam Sam Pitroda, Pitroda, to prepare prepare a blueprint for reform reform of our knowledge related institutions institutions and infrastructure which would enable India to meet the challenges of the future. The Terms of Reference of NKC are: Build excellence in the educational system to meet the knowledge challenges of the 21st century and increase India’s competitive advantage in fields of knowledge. Promote creation of knowledge in Science & Technology laboratories. Improve the management of institutions engaged in Intellectual Property Rights. Promote knowledge applications in Agriculture and Industry. Promote the use of knowledge capabilities in making government an effective, transparent an accountabl accountable e service service provider provider to the citizen citizen and promote promote widespread widespread sharing of knowl knowledg edge e to maxi maximi mize ze publi public c benef benefit it.. NKC NKC carr carrie ied d out out wide wide stak stakeho ehold lder er consultations, in particular engaging non-government organizations and experts in the form of Working Groups, while formulating recommendations.
In three years NKC has submitted submitted recommendatio recommendations ns on 27 focus areas in the form of letters to the Prime Minister. These have been widely disseminated in three compilations: ‘Report to the Nation 2006’, ‘Report to the Nation 2007’ as well as ‘Tow ‘Towar ards ds a Know Knowle ledg dge e Soci Societ ety’ y’ wh whic ich h is a comp compil ilat atio ion n of the the educ educat atio ion n Recommendations. The Terms of Reference of NKC are: Build excellence excellence in the educational educational system to meet the knowledge challenges challenges of the 21st century and increase India’s competitive advantage in fields of knowledge.
Promote creation of knowledge in Science & Technology laboratories. Improve the management of institutions engaged in Intellectual Property Rights. Promote knowledge applications in Agriculture and Industry.
Promote the use of knowledge capabilities in making government an effective, tran transp spar aren entt and and acco account untab able le serv servic ice e prov provid ider er to the the citi citize zen n and and prom promot ote e widespread sharing of knowledge to maximize public benefit.
Methodology of national knowledge commission;
The methodology followed by the National Knowledge Commission involves
Identification of key focus areas Identification of diverse stakeholders and understanding major issues in the area
Constitution of Working Groups and organizing of workshops/seminars, extensive formal and Informal consultations with concerned experts and stakeholders
Consultation with administrative Ministries & the Planning Commission
Discussion in NKC to finalize recommendations in the th e form of letter to the PM from the Chairman
Letter to PM containing key recommendations, first steps, financial implications etc. supported by the relevant explanatory documents by NKC
Dissemination of recommendations to State Governments, civil society and other stakeholders
initiating initiating the implementat implementation ion of the recommendatio recommendations ns under the aegis of the Prime Minister’s Office
coordinating and following up implementation of proposals.
SUMMARY OF RECOMMENDATIONS;
Providi roviding ng access access to knowle knowledge dge is the most most fundame fundamenta ntall way of increa increasin sing g the opportunitie opportunities s of individuals individuals and groups. Therefore, Therefore, it is essential essential to revitalize revitalize and expand expand the reach reach of knowle knowledge dge in societ society. y. In this this contex contextt NKC has submitt submitted ed reco recomm mmend endat atio ions ns on area areas s such such as Right Right to Educ Educat atio ion, n, libr librar arie ies, s, lang langua uage, ge, translation, portals and knowledge networks. Constitutional amendment amendment act made the Right to Right to Education: The 86th Constitutional Education a Fundamental Right. However, to enhance universal access to quality education for Indian children, NKC recommends that there is a need for a central legislation affirming the Right to Education. This must entail a financial provision requiring the central government to provide the bulk of the additional funds needed for realizing the Right to Education. .
the curr current ent scen scenar ario io an under underst stan andin ding g and and comm comman and d over over the the Language : In the English language is a most important determinant of access to higher education, employment possibilities and social opportunities.NKC therefore recommends that the teaching of English as a language should be introduced, along with the fi rst language (either mother tongue or the regional language) of the child, starting from Clas Class. s. NKC NKC has has also also focu focuse sed d on the the need need to refo reform rm the the peda pedago gogy gy of Engli English sh language teaching and the use of all available media to supplement traditional teaching methods. multilingua nguall country country,, transl translati ation on should should play play a critic critical al role role in Translation: In a multili making knowledge avai availa labl ble e to diff differ erent ent lingu linguis isti tic c groups groups.. NKC NKC has has reco recomm mmen ended ded devel develop opin ing g translation as an industry and setting up a National Translation Mission with a focus on promoting translation activities across the country. Libraries: To revamp the Library and Information Services (LIS) sector NKC has
recommended recommended a comprehensiv comprehensive e census of libraries, libraries, modernizing modernizing management management of libraries libraries to ensure greater community community participation, participation, including models for public private partnerships in LIS development and leveraging ICT for various applications. successfu sfull resear research ch today today demand demands s National Knowledge Network : The key to succes live live cons consul ulta tati tion ons, s, data data and and reso resour urce ce shar sharin ing. g. Towa Toward rds s this this end, end, NKC NKC has has recomm recommende ended d the establ establishm ishment ent of a high-en high-end d Nation National al Knowle Knowledge dge Networ Network k connecting all our knowledge institutions in various fields and at various locations through throughout out the countr country, y, through through an electr electroni onic c digital digital broadba broadband nd networ network k with with gigabit capacity. also propos proposed ed the creation creation of nation national al web based based portal portals s on Portals: NKC has also certain certain key sectors such as Water, Water, Energy, Environment, Environment, Teachers, Biodiversity, Biodiversity, Health, Health, Agriculture, Employment, Employment, Citizens Citizens Rights etc. The portals portals would serve as a single window for information on the given sector for all stakeholders and would be manage managed d by a consor consortiu tium m consis consistin ting g of represe representa ntativ tives es from from a wide wide range range of stakeholders to ensure that they have a national character. Info Inform rmat atio ion n Netw Networ ork k : The developments in information and communication technology have created new opportunities for enhancing the efficiency of health care delivery . School Education: Making access to good school education a reality will require major expansion at the elementary and secondary levels and improvement in the quality of schools.NKC has also recommended improving school infrastructure and revamping revamping school inspection inspection with a greater greater role for local local stakeholder stakeholders s and greater transparency in the system. NKC has also emphasised the need for reforms in the curriculum and examination systems by moving away from rote learning to a critical understanding of concepts and finally improvement in faculty. Heal Health th
Vocational education and training (VET): To improve vocational education and
training (VET), NKC’s recommendations focus on increasing the fl exibility of VET within the mainstream education system. NKC has also emphasised the need to
expand expand capacity capacity through through innova innovativ tive e delive delivery ry models models,, private partnerships.
includ including ing robust robust public public
Higher Education: In higher education NKC recommendations have focused on
the three key aspects of expansion, excellence and inclusion. To bring about this expansion, NKC has suggested the creation of 1500 universities by 2015, partly by restructurin restructuring g the existing ones. NKC has recommended recommended setting setting up an Independent Independent Regula Regulator tory y Author Authority ity for Higher Higher Educati Education on (IRAHE) (IRAHE) which would would be at an arm’s arm’s length length from all stake holders. holders. To ensure ensure quality, quality, NKC has called called for reform reform of existing universities to ensure frequent curricula revisions, introduction of course credit system, enhancing reliance on internal assessment, encouraging research, and reforming governance governance of institutions. institutions. NKC has also suggested creating creating models models for community colleges that provide credit and noncredit courses leading to two year associate degrees. These would include general education programs as well as employ employment ment orient oriented ed progra programs, ms, creati creating ng the flexib flexibili ility ty for students students to pursue pursue higher education later in life. NKC believes that all deserving students should have access to higher education, irrespective of their socio-economic background. While the government heavily subsidises university education by keeping fees low, there is better value created for this subsidisation by ensuring well funded scholarships and and affi affirm rmat ativ ive e acti action on that that take takes s into into acco accoun untt the the mult multii dime dimens nsio iona nali lity ty of deprivation. rejuvenate science science More ore Tale Talent nted ed Stude tudent nts s in Maths aths and and Scie Scienc nce e :To rejuvenate education education and research research in the country country NKC considers considers it crucial crucial to attract attract more stude student nts s in maths maths and and scie scienc nce. e. To enco encoura urage ge this this,, NKC NKC has has reco recomm mmend ended ed launching a massive science outreach program, upgrading available infrastructure, revitalising the teaching profession and revamping teacher training at all levels. Professional Professional Education: The professional education streams are plagued by the
problems similar to the higher education system. NKC has recommended that the present present regime regime of regulat regulation ion in all all profes professio sional nal educati education on stream streams s includi including ng medical, legal, management and engineering education, be replaced by subgroups on different streams under the proposed independent regulator Other measures for improving professional education include allowing greater autonomy to institutions, reforming the current examination system, developing contemporary curricula and encouraging research. More Quality Ph.Ds: To invigorate research and development in the country, NKC
has recommended steps to improve the quality of Ph.Ds. It has suggested massive investment in education and research at all levels, together with renovation and reform of the university system, and the fostering of a global outlook in research. NKC has also recommended the setting up of a National Research Mission which will create the required research ecosystem in the country. Open and an d Distance Dist ance Education E ducation and Open: Educational Resources: Development
of open and distance education and open educational resources is imperative to achieve the objectives of expansion, excellence and inclusion in higher education. More than one-fifth of the students enrolled in higher education are in the Open and Distance Education stream. NKC recommendations on distance education focus on creating a national ICT infrastructure, improving regulatory structures, developing web based
common open resources, establishing a credit bank and providing a national testing service Creation: This makes it important to consider all activities that lead to the creation
of knowledge directly directly or help in protecting protecting the knowledge knowledge that is created. created. NKC has therefore examined issues such as innovation systems in the country, science and technology activities and the regime of Intellectual Property Rights. Innovation: Innovation is a key driver of growth based on knowledge inputs. NKC
conducted an extens extensive ive survey survey on the status status of innova innovatio tion n in the countr country. y. NKC’s NKC’s Innovat Innovation ion Survey reveals that innovation is emerging as one of the key factors in India’s econom economic ic growth, growth, where both both large large firms firms and SMEs have increa increased sed innova innovatio tion n related revenues. . NKC has has focu focuse sed d on know knowle ledge dge appl applic icat atio ions ns for for Enhanc Enhancing ing Qualit Quality y of Life Life: NKC enhancing the well being of common people, especially in rural areas. Towards this end, NKC has recommended the setting up of Panchayat Gyan Kendras (PGKs) throughout the country which would ensure efficient implementation of NREGA and would would eventua eventually lly develo develop p into into resour resource ce center centers s to demons demonstra trate te best practi practices ces,, evolve local solutions and provide a platform for converging different social sector programs. programs. NKC has also recommended recommended conceptuali conceptualizing zing fresh perspectives perspectives in tool design to improve dignity of labour and ensure skillful engagement and enhanced productivity. E-governance: To enhance the efficacy of delivery of services by the government,
NKC has reiter reiterate ated d that that e-gover e-governanc nance e should should be an opportu opportunit nity y not merely merely for computerization of age old processes, but a step towards re-thinking our systems and and proc proces esse ses s to ensu ensure re grea greate terr effi effici cien ency cy and and citi citize zen n orie orient ntat atio ion. n. NKC NKC recommendati recommendations ons focus on re-engineering re-engineering government government processes processes to change the basic pattern of governance for simplicity, transparency, productivity and efficiency. Follow Follow Up on NKC Recommenda Recommendation tion : By focusing on the five aspects of the
knowledge paradigm, NKC has created an extensive roadmap for the future. The Gove Govern rnme ment nts s at the the Cent Centre re and and Stat State e are are taki taking ng step steps s for for the the succ succes essf sful ul implementat implementation ion of these policy suggestions. suggestions. The Government’s Government’s commitment commitment to NKC’s vision is reflected in the Eleventh Five Year Plan where NKC’s inputs have been incorporated in formulating the broad contours of the Plan .The Eleventh Five Year Plan (2007-2012) places high priority on education as a central instrument for achie achievi ving ng rapi rapid d and and incl inclus usiv ive e growt growth h with with speci specifi fic c empha emphasi sis s on expa expansi nsion on,, excellence and equity. Initiatives to improve school education in the Plan include reorienting Sarva Shiksha Abhiyan with a strong rights focus to make Right to Education a reality. To strengthen vocational education a new Skill Development Mission under the supervision of the Prime Minister, with an outlay of Rs. 31,200 crore, will aim at opening 1600 new industrial training institutes (ITIs) and polytechnics, 10,000 new vocational schools and 50,000 new Skill Development Centres. A Skill Development Corporation will also be created by the Government with the active participation of the private sector sector to give special training to young men and women, workers and technicians. technicians.
In Higher and Technical Education the focus of the Eleventh Plan is on expansion, inclusion and rapid improvement in quality by enhancing public spending, encouraging private initiatives and initiating the long overdue major institutional and policy reforms. The Plan also makes a commitment commitment to improve improve public libraries libraries and create create a Natio National nal Transla Translatio tion n Missio Mission n for promot promoting ing Transla Translator tor educati education on including specialized courses in translation technology Emphasis has also been laid on strengthening traditional health systems such as AYUSH in the National health programs and improving IPR, with the ultimate aim of enhancing the outreach of AYUSH health care in an accessible, acceptable, affordable and qualitative manner. Understanding the importance of innovation, the Plan emphasizes the need for a Nation National al Innovat Innovation ion Policy Policy which which encour encourage ages s compet competiti ition on among among enterpr enterprise ises, s, greater diffusion of knowledge and increased support to early stage technology development initiatives and grassroots level innovators. NKC recommendations on e-Governance were broadly endorsed by the government and incorporated into the National e-Governance Plan (NeGP). Higher Highe r educatio educa tion n: Has made a significant contribution to economic development,
social progress and political democracy in independent India. But there is serious cause for concern at this juncture. NKC believes that an emphasis on expansion and reform of our school system is necessary to ensure that every child has an equal opportunity to enter the world of higher education. It is engaged in consultations on schoo schooll educat education ion and will will submit submit recomm recommenda endatio tions ns in this this crucia cruciall area area in due course. In this recommendation, it focuses on higher education. NKC has engaged in formal and informal consultations on the issue with a wide range of people in the world world of higher higher educati education on The objectiv objectives es of reform reform and change change in our higher education system must be expansion, excellence and inclusion. NKC recognises that meaningful reform of the system, with a long-term perspective, is both complex and difficult. Yet, it is imperative.
I.Expansion The higher higher educat education ion system system needs a 1. Create Create many many more more univer universit sities ies The massive expansion of opportunities, to around 1500 universities nationwide, that would enable India to attain a gross enrolment ratio of at least 15 per cent by 2015. The focus would have to be on new universities, but some clusters of affiliated colle colleges ges could could also also become become univer universit sities ies.. Such expans expansion ion would would require require major major changes in the structure of regulation.
2. Change the system of regulation regulati on for higher education The present regulatory system in higher education is flawed in some important respects. The barriers to entry are too high.There is a multiplicity of regulatory agencies where mandates are both confusing and overlapping. The system, as a whole whole,, is overover-re regul gulat ated ed but under under-go -gove verne rned. d. NKC NKC perc percei eive ves s a clea clearr need need to establish an Independent Regulatory Authority for Higher Education (IRAHE). The IRAHE must be at an arm’s length from the Government and independent of all stakeholders including the concerned Ministries of the Government. The IRAHE would have to be established by an Act of Parliament, and would be responsible for setting the criteria and deciding on entry.
It would be the only agency that would be authorized to accord degree-granting power to higher education institutions. It would be responsible for monitoring standards and settling disputes. It would apply exactly the same norms to public and private institutions, just as it would apply the same norms to domestic and international institutions. It would be the authority for licensing accreditation agencies. The role of the University Grants Commission (UGC) would be re-defined to focus on the disbursement disbursement of grants to, and maintenance maintenance of, public institutions institutions in higher education. The entry regulatory functions of the All India Council for Technical Education (AICTE), the Medical Council of India (MCI) and the BCI would be performed by the IRAHE, so that their role would be limited to that of professional associations.
3. Increase public spending and diversify diversi fy sources of financing The expansion expansion of our system of higher education is not possible without enhanced levels levels of financ financing. ing. This must necessari necessarily ly come come from from both both public public and privat private e sources. Since government financing will remain the cornerstone, government support for higher education should increase to at least 1.5 per cent of GDP, out of a total of at least 6 per cent of GDP for education overall. Most public universities universities are sitting sitting on a large reservoir reservoir of untapped resources in the form of land. It should be possible to draw up norms and parameters for universities to use their available land as a source of finance. It is for universities to decide the level of fees but, as a norm, fees should meet at least 20 per cent cent of the the tota totall expe expendi nditu ture re in univ univer ersi siti ties es.. This This shoul should d be subje subject ct to two two conditions: first, needy students should be provided with a fee waiver plus scholarships to meet their costs; second, universities should not be penalised by the UGC for the resources raised from higher fees through matching deductions from their grants-in-aid. Universities should also seek to tap other sources such as alumni contributions and licensing fees. There is need to create supportive institutional mechanisms that allow universities to engage professional firms for this purpose. It is essenti essential al to stimul stimulate ate private private invest investment ment in educati education on as a means means of exte extend ndin ing g educ educat atio iona nall oppo opport rtuni uniti ties es.. It may may be poss possibl ible e to leve levera rage ge publi public c resour resources ces,, especi especiall ally y in the form form of land land grants grants,, to attrac attractt more more (not-fo (not-for-pr r-profi ofit) t) private investment
4. Establish 50 National Universities NKC NKC reco recomm mmen ends ds the the crea creati tion on of 50 Nati Nation onal al Unive Univers rsit itie ies s that that can can prov provid ide e education of the highest standard. As exemplars for the rest of the nation, these universities would train students in a variety of disciplines, including humanities, social sciences, basic sciences, commerce and professional subjects, at both the undergraduate and post-graduate levels. The number 50 is a long-term objective. In the short run, it is important to begin with at least 10 such universities in the next thre three e year years. s. Nati Nation onal al Un Univ iver ersi siti ties es can can be esta establ blis ishe hed d in two two ways ways,, by the the Government, or by a private sponsoring body that sets up a society, charitable trust or Section Section 25 compa company. ny. The Nation National al Universi Universitie ties, s, NKC propos proposes, es, will admit admit stude student nts s on an allall-In India dia basi basis. s. They They will will adop adoptt the princ princip iple le of needs-blind
This will will requi require re an exte extensi nsive ve syst system em of scho schola lars rshi hips ps for for needy needy admissions. This student students. s. Undergra Undergraduat duate e degrees degrees in the Nation National al Universi Universiti ties, es, in a threethree-yea yearr progra program, m, should should be grante granted d on the basis of complet completing ing a requisi requisite te number number of credit credits, s, obtain obtained ed from from differ different ent course courses. s. The academi academic c year year will will theref therefore ore be semester based and students will be internally evaluated at the end of each course. Transfer Transfer of credits credits from one National National University University to another would also be possible. possible. An appropriate system of appointments appointments and incentives incentives is required required to maximise the produc productiv tivity ity of facult faculty y in these these Natio National nal Univers Universiti ities. es. Strong Strong linkag linkages es would would be forged between teaching and research, universities and industry, and universities and research laboratories. The National Universities shall be department-based and shall not have any affiliated colleges.
II. Excellence 5. Reform existing universities The endeavour to transform transform higher education education must reform reform existing existing institution institutions. s. Some essential steps are: Universities should be required to revise or restructure curricula at least once in three years. Annual examinations, which test memory rather than understanding, should be supplemented with continuous internal assessment which could begin with a weight of 25 per cent in the total to be raised to 50 per cent over a stipulated period. Universities must become the hub of research once again to capture synergies between teaching and research that enrich each other. This requires not only policy measures but also changes in resource allocation, reward systems and mindsets. There must be a conscious effort to attract and retain talented faculty members through better working conditions combined with incentives for performance. The elements of infrastructure that support the teaching-learning process, such as libraries, laboratories and connectivity, need to be monitored and upgraded on a regular basis.. Much needs to be done, but two important points deserve mention. The appointments of Vice-Chancellors must be freed from direct or indirect interventions on the part of governments, for these should be based on search processes and peer judgment alone. The size and compositio composition n of University Courts, Academic Councils and Executive Councils, which slow down decision-making processes and sometimes constitute an impediment to change, need to be reconsidered on a priority basis. The need is for smaller universities which are responsive to change and easier to manage, and these should be created.
6. Restructure undergraduate colleges The system of affiliated colleges for undergraduate education, which may have been appropriate appropriate 50 years ago, is no longer adequate adequate or appropriate appropriate and needs to be reformed. There is an urgent need to restructure the system of undergraduate colleges affiliated to universities. Some Some of these these affili affiliate ated d colleg colleges es could could be remode remodeled led as communi community ty colle colleges ges,, which could provide both vocational education and formal education.
A Central Board of Undergraduate Education should be established, along with State Boards of Undergraduate Education, which would set curricula and conduct examinations for undergraduate colleges that choose to be affiliated with them. New undergraduate colleges could be established as community colleges and be affiliated with the Central Board of Undergraduate Education or State Boards of Undergraduate Education, or with someof the new universities that are established.
7. Promote enhanced quality The higher education system must provide for accountability to society and create accountability within. An expansion of higher education which provides students with choices and crea create tes s compe competi titi tion on betwe between en inst instit ituti ution ons s is going going to be vita vitall in enha enhanc ncing ing accountability. There There should should be stringe stringent nt inform informati ation on disclo disclosure sure norms norms for all educati educationa onall institutions such as their financial situation, physical assets, admissions criteria, faculty positions, academic curricula, as also their th eir source and level of accreditation. Evaluation of courses and teachers by students as well as peer evaluation of teachers by teachers should be encouraged. There must be a focus on upgrading infrastructure, improving the training of teachers and continuous assessment of syllabi and examination systems. It is particular particularly ly important important to enhance enhance the ICT infrastruc infrastructure. ture. Websites and webbased services would improve transparency transparency and accountability accountability.. A portal portal on higher education and research would increase interaction and accessibility. A knowledge network would connect all universities and colleges for online open resources. It is nece necess ssar ary y to form formula ulate te appro appropri priat ate e poli polici cies es for for the the entry entry of fore foreig ign n instit instituti utions ons into into India India and the promot promotion ion of Indian Indian institu institutio tions ns abroa abroad, d, while while ensuri ensuring ng a level level playin playing g field field for foreig foreign n and domest domestic ic instit instituti utions ons within within the country.
III. Inclusion 8. Ensure access for all deserving students Education is the fundamental mechanism for social inclusion through the creation of more opportunities. It is therefore essential to ensure that no student is denied the opportunity opportunity to participat participate e in higher education education due to financial constraints. constraints. NKC proposes the following measures. Institutions of higher education should be encouraged to adopt a needs-blind admissions policy. This would make it unlawful for educational institutions to take into account any financial factor while deciding whether or not to admit a student. Ther There e must must be a well well-f -fund unded ed and and exte extens nsiv ive e Nati Nation onal al Scho Schola lars rship hip Sche Scheme me targeting economically underprivileged students and students from groups that are historically, socially disadvantaged.
9. Affirmative action A major aim of the higher education system must be to ensure that access to education education for economica economically lly and historical historically ly socially socially underprivileg underprivileged ed students students is enhanced in a substantially more effective manner.
Reservations are essential, but they are only a part, and one form, of affirmative action. Disparities in educational attainments are related to caste and social groups, but are also strongly related to other indicators such as income, gender, region and place of residence. There is need to develop a meaningful and comprehensive framework that that would would address address the multid multidime imensi nsiona onalit lity y of differ differenc ences es that that still still persis persist. t. It is important to recognise that there is a quiet crisis in higher education in India which runs deep. The time has come to address this crisis in a systematic and forthright manner. manner. NKC’s recommendatio recommendations ns constitute constitute an important important beginning; beginning; the changes changes suggested would make a real difference.There is more to be done, and NKC will continue continue to think about next steps, but it emphasises emphasises the urgency of the situation, situation, bec
ause India’s future depends on it. It is important to act here and now.
The Caste System in India
India's caste system : India has a hierarchical caste system in the society. Within Indian culture, whether in the north or the south, Hindu or Muslim, urban or village, virtually all things, people, and groups of people are ranked according to various essential qualities. If one is attuned to the theme of hierarchy in India, one can discern it everywhere. Although India is a political democracy, in daily life there is little advocacy of or adherence to notions of equality. Castes systems in India and caste like groups--those quintessential groups with which almost all Indians a re associated--are ranked. Within most villages or towns, everyone knows the relative rankings of each locally represented caste, and people's behavior toward one another is constantly shaped by this knowledge. Between the extremes of the very high and very low castes, however, there is sometimes disagreement on the exact relative ranking of castes clustered in the middle. Castes system in India are primarily associated with Hinduism but also exist among other Indian religious groups. Muslims sometimes expressly deny that they have castes--they state that all Muslims are brothers under God--but observation of Muslim life in various parts of India reveals the existence of castelike groups and clear concern with social hierarchy. Among Indian Christians, too, differences in caste are a cknowledged and maintained. Throughout India, individuals are also ranked according to their wealth and power. For example, there are "big men" (bare (bare admi , ( chhote admi ) admi , in Hindi) and "little men" (chhote admi ) everywhere. "Big men" sit confidently on chairs, while "little men" come before them to make requests, either standing or crouching down on their haunches, certainly not presuming to sit beside a man of high status as an equal. Even men of nearly equal status who might share a string cot to sit on take their places carefully--the higher-ranking man at the head of the cot, the lower-ranking man at the foot. Within families and kinship groupings, there are many distinctions of hierarchy. Men outrank women of the same or similar age, and senior relatives outrank junior relatives. Several other kinship relations involve formal respect. For example, in northern India, a daughterin-law of a household shows deference to a daughter of a household. Even among young siblings in a household, there is constant acknowledgment of age differences: younger siblings never address an older sibling by name, but rather by respectful terms for elder brother or elder sister. However, an older sibling may address the younger by name (see Linguistic Relations, ch. 4). Even in a business or academic a cademic setting, where colleagues may not openly espouse traditional observance of caste or class ranking behavior, they may set up fictive kinship relations, addressing one another by kinship terms reflecting family or village-style
hierarchy. For example, a younger colleague might respectfully address an older colleague as chachaji (respected chachaji (respected father's younger brother), gracefully acknowledging the superior position of the older colleague. Purity and Pollution
Many status differences in Indian society are expressed in terms of ritual purity and pollution. Notions of purity and pollution are extremely complex and vary greatly among different castes, religious groups, and regions. However, broadly speaking, high status is associated with purity and low status with pollution. Some kinds of purity are inherent, or inborn; for example, gold is purer than copper by its very nature, and, similarly, a member of a high-ranking Brahman (see Glossary), or priestly, caste is born with more inherent purity than a member of a low-ranking Sweeper (Mehtar, in Hindi) caste. Unless the Brahman defiles himself in some extraordinary way, throughout his life he will always a lways be purer than a Sweeper. Other kinds of purity are more transitory--a Brahman who has just taken a bath is more ritually pure than a Brahman who has not bathed for a day. This situation could easily reverse itself temporarily, depending on bath schedules, participation in polluting activities, or contact with temporarily polluting substances. Purity is associated with ritual cleanliness--daily bathing in flowing water, dressing in properly laundered clothes of approved materials, eating only the foods appropriate for one's caste, refraining from physical contact with people of lower rank, and avoiding involvement with ritually impure substances. The latter include body wastes and excretions, most especially those of another adult person. Contact with the products of death or violence are typically polluting and threatening to ritual purity. During her menstrual period, a woman is considered polluted and refrains from cooking, worshiping, or touching anyone older than an infant infant.. In much of the south, a woman spends this time "sitting outside," resting in an isolated room or shed. During her period, a Muslim woman does not touch the Quran. At the end of the period, purity is restored with a complete bath. Pollution also attaches to birth, both for the mother and the infant's close kin, and to death, for close relatives of the deceased (see The Ceremonies of Hinduism; Islam, ch. 3). Members of the highest priestly castes, the Brahmans, are generally vegetarians (although some Bengali and Maharashtrian Brahmans eat fish) and avoid eating meat, the product of violence and death. High-ranking Warrior castes (Kshatriyas), however, typically consume nonvegetarian diets diets,, considered appropriate for their traditions of valor and physical strength. A Brahman born of proper Brahman parents retains his inherent purity if he bathes and dresses himself properly, adheres to a vegetarian diet, eats meals prepared only by persons of appropriate rank, and keeps his person away from the bodily e xuviae of others (except for necessary contact with the secretions of family infants and small children). If a Brahman happens to come into bodily contact with a polluting substance, he can remove this pollution by bathing and changing his clothing. However, if he were to eat meat or commit other transgressions of the rigid dietary codes of his particular caste, he would be considered more deeply polluted and would have to undergo various purifying rites and payment of fines imposed by his caste council in order to restore his inherent purity. In sharp contrast to the purity of a Brahman, a Sweeper born of Sweeper parents is considered to be born inherently polluted. The touch of his body is polluting to those higher on the caste hierarchy than he, and they will shrink from his touch, whether or not he has bathed recently. Sweepers are associated with the traditional occupation of cleaning human feces from latrines and sweeping public lanes of all kinds of dirt. Traditionally, Sweepers remove these polluting materials in baskets carried atop the head and dumped out in a garbage pile at the edge of the village or neighborhood. The involvement of Sweepers with
such filth accords with their low-status position at the bottom of the Hindu caste hierarchy, even as their services allow high-status people, such a s Brahmans, to maintain their ritual purity. Members of the Leatherworker (Chamar) caste are ascribed a very low status consonant with their association with the caste occupation of skinning dead animals and tanning the leather. Butchers (Khatiks, in Hindi), who kill and cut up the bodies of animals, also rank low on the caste hierarchy because of their association with violence and death. However, castes associated with ruling and warfare--and the killing and deaths of human beings--are typically accorded high rank on the caste hierarchy. In these instances, political power and wealth outrank association with violence a s the key determinant of caste rank. Maintenance of purity is associated with the intake of food and drink, not only in terms of the nature of the food itself, but also in terms of who has prepared it or touched it. This requirement is especially true for Hindus, but other religious groups hold to these principles to varying degrees. Generally, a person risks pollution--and lowering his own status--if he accepts beverages or cooked foods from the hands of people of lower caste status than his own. His status will remain intact if he accepts food or beverages from people of higher caste rank. Usually, for an observant Hindu of any but the very lowest castes to accept cooked food from a Muslim or Christian is regarded as highly polluting. In a clear example of pollution associated with dining, a Brahman who consumed a drink of water and a meal of wheat bread with boiled vegetables from the hands of a Sweeper would immediately become polluted and could expect social rejection by his caste fellows. From that moment, fellow Brahmans following traditional pollution rules would refuse food touched by him and would abstain from the usual social interaction with him. He would not be welcome inside Brahman homes--most especially in the ritually pure kitchens--nor would he or his close relatives be considered eligible marriage partners for other Brahmans. Generally, the acceptance of water and ordinary foods cooked in water from members of lower-ranking castes incurs the greatest pollution. In North India, such foods are known as kaccha khana , as contrasted with fine foods cooked in butter or oils, which are known as pakka khana . Fine foods can be accepted from members of a few castes slightly lower than one's own. Local hierarchies differ on the specific details of these rules. Completely raw foods, such as uncooked grains, fresh unpeeled bananas, mangoes, and uncooked vegetables can be accepted by a nyone from anyone else, regardless of relative status. Toasted or parched foods, such as roasted peanuts, can also be accepted from anyone without ritual or social repercussions. (Thus, a Brahman may accept gifts of grain from lower-caste patrons for eventual preparation by members of his own caste, or he may purchase and consume roasted peanuts or tangerines from street vendors of unknown caste without worry.) Water served from an earthen pot may be accepted only from the hands of someone of higher or equal caste ranking, but water served from a brass pot may be accepted even from someone slightly lower on the caste scale. Exceptions to this rule are members of the Waterbearer (Bhoi, in Hindi) caste, who are employed to carry water from wells to the homes of the prosperous and from whose hands members of all castes may drink water without becoming polluted, even though Waterbearers are not ranked high on the caste scale. These and a great many other traditional rules pertaining to purity and pollution constantly impinge upon interaction between people of different castes and ranks in India. Although to the non-Indian these rules may seem irrational and bizarre, to most of the people of India they are a ubiquitous and accepted part of life. Thinking about and following purity and pollution rules make it necessary for people to be constantly aware of differences in status. With every drink of water, with every meal, and with every contact with another person,
people must ratify the social hierarchy of which they are a part and within which their every act is carried out. The fact that expressions of social status are intricately bound up with events that happen to everyone every day--eating, drinking, bathing, touching, talking--and that transgressions of these rules, whether deliberate or accidental, a re seen as having immediately polluting effects on the person of the transgressor, means that every ordinary act of human life serves as a constant reminder of the importance of hierarchy in Indian society. There are many Indians, particularly among the educated urban elite, who do not follow traditional purity and pollution practices. Dining in each others' homes and in restaurants is common among well-educated people of diverse backgrounds, particularly when they belong to the same economic class. For these people, guarding the family's earthen water pot from inadvertent touch by a low-ranking servant is not the concern it is for a more traditional villager. However, even among those people whose words and actions denigrate traditional purity rules, there is often a reluctance to completely abolish consciousness of purity and pollution from their thinking. It is surely rare for a Sweeper, however welleducated, to invite a Brahman to dinner in his home and have his invitation unselfconsciously accepted. It is less rare, however, for educated urban colleagues of vastly different caste and religious heritage to enjoy a cup of tea together. Some high-caste liberals pride themselves on being free of "casteism" and seek to accept food from the hands of very low-caste people, or even deliberately set out to marry someone from a significantly lower caste or a different religion. Thus, even as they deny it, these progressives affirm the continuing significance of traditional rules of purity, pollution, and hierarchy in Indian caste system.. 1995 data. India's caste system. Courtesy Library of Congress.
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"Pressenza International Press Agency 14 December 2009
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Women must fight Kaja Cudak Given the rise of religious fundamentalism and blatant attacks o n minorities especially minority women. There is widespread practices of discrimination and social exclusion exclusion of women from Dalit (untouchable) communities, despite constitutional guarantees of equality and decades of targeted interventions by government.
Image by: www. Basera.de photo by Basera PressenzaDelhi, 2009-09-26What 2009-09-26What is a woman's status in India? The Status of Women in India causes concern co ncern with socio-economic indicators showing a disturbing trend – a failing juvenile sex ratio, rising levels of property and unemployment, starvation deaths linked to denial of right to life and livelihood and increased violence in all spheres. This trend has been accelerated in the light light of globalization and rising rising caste and religious intolerance. The persistent failure failure of laws to check the discrimination discrimination against women. Trafficking in women and children for commercial sexual exploitation and other abusive purposes is rampant. The women are not adequately represented in political decision making and political offices. There is an increasing government focus on encouraging private sector involvement in education has led to the state gradually withdrawing from the education sector, and it is negatively impacting the education of women and girls, the poor and socially disadvantaged. Women in the unorganized and agriculture sector are being impoverished impoverished by economic and labor policies and need equitable wages and protection to their jobs and livelihoods. Given the rise of religious fundamentalism and blatant attacks on minorities especially minority women. There is widespread practices of discrimination and social exclusion of women from Dalit (untouchable) communities, despite constitutional guarantees of equality and decades of targeted interventions by government. Dalit women are most exploited exploited on the
basis of class, caste and gender in caste hierarchy of Indian society. Are there two diverse types of woman's status? In this context - how much depends on education and how much on religion? Women do not fall within the homogeneous ho mogeneous category and they are diverse d iverse because of class, caste, religion and educational level. The majority of women in India are from Hindu communities and the minority of women are from Christians, Muslims, Sikhs, Zoroastrians, Buddhists etc. Of course if you are an educated women, the chances of development and growth is possible. Socially Socially and economically they are better off than the the illiterate sisters. sisters. Her ability to climb economic ladders and to certain certain level provides autonomy and freedom. Educated women can get into any type of superior work and achieve professional carriers. What does it means be a country woman in India in an everyday life? When you say country (do you mean rural) rural women in India contribute roughly 55 to 66 percent of total labor in in overall farm production. One fifth all rural household in India is female headed, few women hold titles to land, even in land owning house holds they do most of the work on the farm but are not seen as farmers. The major issues confronting them today is lack of access to credit and decision making. making. Specially the dalit and adivasi women face vulnerability arising from social exclusion and thus become victims of caste violences. Women access to land is a crucial problem. Women in rural areas are are over burdened doing farm work and household work, additionally they lack lack access to basic amenities in in the villages. The rural women also faces the problem of displacement due to development projects which has a direct impact on women. Most of the rural women who are poor face poverty, social social exclusion, homelessness and hunger. How can one fight against this discrimination? Women in rural areas must be organized and mobilized. They also should be given awareness education of the various programms of government and on legislation who can protect the rights. Once women are able to develop confidence with in in themselves and understand the nature of hierarchical social relations they will be able to fight against discrimination. Which role in this fight is for the enlightened, educated women and which for men? The educated women must join hands with the discriminated people and take up task of facilitating and supporting the rural poor sisters. sisters. Men must break away the feudalistic feudalistic and patriarchal mode of understanding of society and women, but much more listen to women and understand their problems and their status. We, so to speak, "inherit" our attitude towards women, towards religion, towards life in our families. How much must an Indian family change? Indian family must stand by principles of equality, non discrimination and start practicing those values from home. As the time changes, they must also become progressive and must transform their traditions and prejudices against women. All over the world women build their own social and professional status arduously. Why do you think it is so? Unless women come forward to raise their voices and their rights will not be fulfilled. Therefore globally women move forward, holding their hands together improving their status social and professional status to to bring about equality, development and peace. This was done in 1995 in the World Women’s Conference in Beijing and they d rawn out a PLATFORM FOR ACTION (PBA) towards change.
Women's gainful employment is a never ending topic. Almost everywhere woman's labor is worse paid than the same labor done by men. Can we do anything about it? Yes, we must ensure that that equal pay for equal work must must be paid. There is enormous discrimination in terms of employment against women. The stratified structure of society on sexual division of labor, control over womens sexu ality and active practices of discrimination have combined to invisibility and devalue womens contribution to the economy. The forces unleashed by technology, liberalization and globalization have adversely effected the rights of workers specially the women workers and their bargaining capacity vis-à-vis employers. Yes we can do by organizing the women workers to demand their rights for equal wages, secondly the women should increase in number in decision making and managerial position to see to that equal wages policy be implemented. implemented. The organized workers in the Trade Trade union movement also should demand that the ILO standards are followed in protecting the rights of women. Women's gainful employment is a never ending topic. Almost everywhere woman's labor is worse paid than the same labor done by men. Can we do anything about it? a) The entire society of men and women in India must be educated on the rights of Women and encourage them to minimize minimize gender discrimination discrimination in day to days affair. b) Gender just laws to be implemented in spirit spirit and in deed in order to to minimize womens discrimination. c) Formal education must address gender stereotyping and p rejudices and provide progressive orientation towards gender equality. d) Men should be encouraged to share the household work with women . What do you think should be changed in India so as to minimalize at least a little the women's discrimination? a) The Indian people must adhere to Preamble of Indian constitution which says there shall shall be no discrimination discrimination on the basis basis of gender, caste, class and religion. religion. b) The Indian education must openly address caste system in India v iolates human rights and therefore the Indian citizens are duty bound to follow the values of equality, non discrimination and social justice. c) The dalit women themselves must struggle struggle and revote against discrimination discrimination meted out to them and they should not be subsumed to dominant caste people. They should also get educated and pressurize the government gov ernment officials, judiciary and legislators in implementing the laws in order to provide justice. Are India ready for an end of the existence of castes? Will India be ready any time in future for this step? Existence of Caste is violation of human rights. Caste system is hierarchical and therefore the human beings are treated treated unequally because they are born in different different caste. Caste is man made in order to acquire superiority, higher status, opportunities and access to all benefits depriving the lower caste persons their dignity. Therefore for centuries the caste system is continuing by not submitting the benefits that they acquire through the superior superior status. The Dalits or Untouchable who are victimized by caste c aste system for centuries are revolting that the caste system must be eliminated, like the the apartheid in South Africa Africa (racism) one day. That is a big challenge exist ! “Caste out cast” is a slogan began in 1998 as a campaign in India, and for centuries dalit people have struggled to put p ut an end to caste system. To sum up, In India and in the world, there are numerous organizations which act in the interest of women. Don't you think they should unite? Wouldn't they have greater influence on the governments and countries? Unity is strength. But it is is difficult to deal with various problems of women by one organization organization and therefore multiplicity multiplicity is necessary and essential. essential. In the world how ever there there are different that they have shown to the world that they unanimously opposed to Patriarchy and male
domination and they aspire for violence free homes, communities, work places and violence free world. It is being one of the the strongest social movements globally globally they are constantly having greater influence on the governments in their their country’s. They demand for equal share in in worlds economy and its resources and in in political spheres too. They want a better world to be left for their children and the future generation. generation. They want peace not war.
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Subscribe Synopsis This article examines the intersections between gender, c aste and violence in a post-colonial context. It analyses how in specific cultural and historical contexts, men, women and children can act as both victims and perpetrators of violence and ‘inhuman atrocities’. This is coupled with the lack of law and order and protection from the state, the state u nderstood in terms of both the pan-Indian state and the provincial state of Bihar. The complexities involved when women do take up violence moves the analyses beyond a circumscribed understanding of women as ‘vulnerable victims’ and ‘recipients of violent acts’. The empirical research draws on recent and ongoing caste conflicts in rural Bihar (but also in Tamil Nadu, Maharashtra, Karnataka, Gujarat), North India. Dalit India. Dalit women women are the chief arms bearers who defend their interests over economic resources (land and water) and have taken the responsibility to protect their own integrity against sexual violence from the upper caste men.
Article Outline Introduction State led post-independence legislation and land reforms Land reforms and the rise of Backward Castes Transitions in political economy of labour Caste-‘wars’ Organising for violence against Dalits Dalit retaliation and counter violence Dalit women as arms bearers Access and participation in violence
State, caste and violence: redress and response Conclusion Acknowledgements Further Reading
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Indian Women Medieval Indian Women Medieval India was not women's age it is supposed to be the 'dark age' for them. Medieval India saw many foreign conquests, which resulted in the decline in women's status. When foreign conquerors like Muslims invaded India they brought with them their own culture. For them women was the sole property of her father, brother or husband and she does not have any will of her own. This type of thinking thinking also crept into the minds of Indian people and they also began to treat their own women like this. One more reason for the decline in women's status and freedom was that original Indians wanted to shield
their women folk from the barbarous Muslim invaders. As polygamy was a norm for these invaders they picked up any women they wanted and kept her in their "harems". "harems". In order to protect protect them Indian women started using 'Purdah', (a veil), which covers body. Due to this reason their freedom also became affected. They were not allowed to move freely and this lead to the further deterioration of their status. These problems related with women resulted in changed mindset of people. Now they began to consider a girl as misery and a burden, which has to be shielded from the eyes of intruders and needs extra care. Whereas a boy child will not need such extra care and instead will be helpful as an earning hand. Thus a vicious circle started in which women was at the receiving end. All this gave rise to some new evils such as Child Marriage, Sati, Jauhar and restriction on girl education •
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Sati: The ritual of dying at the funeral pyre of the husband is known as "Sati" or "Sahagaman". According to some of the Hindu scriptures women dying at the funeral pyre of her husband go straight to heaven so its good to practice this ritual. Initially it was not obligatory for the women but if she practiced such a custom she was highly respected by the society. Sati was considered to be the better option then living as a widow as the plight of widows in Hindu society was even worse. Some of the scriptures like 'Medhatiti' had different views it say that Sati is like committing suicide so one should avoid this. Jauhar: It is also more or less similar to Sati but it is a mass suicide. Jauhar was prevalent in the Rajput societies. societies. In this custom wives immolated immolated themselves themselves while their husband were still alive. When people of Rajput clan became sure that they were going to die at the hands of their enemy then all the women arrange a large pyre and set themselves afire, while their husband used to fight the last decisive battle known as "Shaka", with the enemy. Thus protecting the sanctity of the women and the whole clan. Child Marriage: It was a norm in medieval India. Girls were married off at the age of 8-10. They were not allowed access to education and were treated as the material being. The plight of women can be imagined by one of the shloka of Tulsidas where he writes [r1] "Dhol, gawar, shudra, pashu, nari, ye sab tadan ke adhikari". Meaning that animals, illiterates, lower castes and women should be subjected to beating. Thus women were compared with animals and were married off at an early age. The child marriage along with it brought some more problems such as increased birth rate, poor health of women due to repeated child bearing and high mortality rate of women and children. Restriction on Widow Remarriage : The condition of widows in medieval India was very bad. They were not treated as human beings and were subjected to a lot of restrictions. They were supposed to live pious life after their husband died and were not allowed entry in any celebration. Their presence in any good work was considered to be a bad omen. Sometimes heads of widows were also shaved down. They were not allowed to remarry. Any woman remarrying was looked down by the society. This cruelty on widows was one of the main reasons for the large number of women committing Sati. In medieval India living as a Hindu widow was a sort of a curse. Purdah System: The veil or the 'Purdah' system was widely prevalent in medieval Indian society. It was used to protect protect the women folk from the eyes of foreign rulers who invaded India in medieval period. But this system curtailed the freedom of women. Girl Education: The girls of medieval India and especially Hindu society were not given formal education. They were given education related to household chores. But a famous Indian philosopher 'Vatsyayana' 'Vatsyayana' wrote that women were supposed supposed to be perfect in sixty four arts which included included cooking, spinning, grinding, knowledge of medicine, recitation and many more.
Though these evils were present in medieval Indian society but they were mainly confined to Hindu society. As compared to Hindu society other societies such as Buddhism, Jainism and Christians were a bit lenient. lenient. Women in those those societies societies enjoyed enjoyed far more freedo freedom. m. They They had easy access access to education and were more liberal in their approach. According to these religions gender was not the issue in attaining salvation. Any person whether a man or a woman is entitled to get the grace of god. During the time of king Ashoka women took part in religious preaching. According to Hiuen Tsang, the famous traveler of that time, Rajyashri, the sister of Harshavardhana was a distinguished scholar of her time. Another such example is the daughter of king Ashoka, Sanghmitra. She along with her brother Mahendra went to Sri Lanka to preach Buddhism. The status of women in Southern India was better than the North India. While in Northern India there were not many women administrators, in Southern India we can find some names that made women of that time proud. proud. Priyaketalad Priyaketaladevi, evi, queen of Chalukya Chalukya Vikramaditya Vikramaditya ruled three villages. Another Another women named Jakkiabbe used to rule seventy villages. In South India women had representation in each and every field. Domingo Paes, famous Portuguese traveler testifies to it. He has written in his account that in Vijaynagar kingdom women were present in each and every field. He says that women could wrestle, blow trumpet and handle sword with equal perfection. Nuniz, another famous
traveler to the South also agrees to it and says that women were employed in writing accounts of expenses, recording the affairs of kingdom, which shows that they were educated. There is no evidence evidence of any public school in northern India but according to famous historian historian Ibn Batuta Batuta there there were 13 schools for girls and 24 for boys in Honavar. There was one major evil present in South India of medieval time. It was the custom of Devadasis. •
Devadasis: It was a custom prevalent in Southern India. In this system girls were dedicated to temples in the name of gods and goddesses. The girls were then onwards known as 'Devadasis' meanin meaning g servan servantt of god. god. These These Devadas Devadasis is were were suppos supposed ed to live the life of celibac celibacy. y. All the requirements of Devadasis were fulfilled by the grants given to the temples. In temple they used to spend their time in worship of god and by singing and dancing for the god. Some kings used to invite temple dancers to perform at their court for the pleasure of courtiers and thus some Devadasis converted to Rajadasis (palace dancers) prevalent in some tribes of South India like Yellamma cult.
The plight of women in medieval India and at the starting of modern India can be summed up in the words of great poet Rabindranath Tagore: "O Lord Why have you not given woman the right to conquer her destiny? Why does she have to wait head bowed, By the roadside, Waiting with tired patience, Hoping for a miracle in the morrow?" Modern Indian Women The status of women in modern India is a sort of a paradox. If on one hand she is at the peak of ladder of success, on the other hand she is mutely suffering the violence afflicted on her by her own family members. As compared with past women in modern times have achieved a lot but in reality they have to still travel a long way. Their path is full of roadblocks. The women have left the secured domain of their home and are now in the battlefield of life, fully armored with their talent. They had proven themselves. But in India they are yet to get their dues. The sex ratio of India shows that the Indian society is still prejudiced against female. There are 933 females per thousand males in India according to the census of 2001, which is much below the world average of 990 females. There are many problems which women in India have to go through daily. These problems have become the part and parcel of life of Indian women and some of them have accepted them as their fate.
The main problems of Indian women includes: •
Malnutrition Generally in India, women are the one who eat last and least in the whole family. So they eat whatever is left after men folk are satiated. As a result most of the times their food intake does not contain the nutritional nutritional value required required in maintaining maintaining the healthy healthy body. In villages, villages, sometimes sometimes women do not get to eat the whole meal due to poverty. The UNICEF report of 1996 clearly states that the women of South Asia are not given proper care, which results in higher level of malnutrition among the women of South Asia than anywhere else in the world. This nutritional deficiency has two major consequences for women first they become anemic and second they never achieve their full growth, which leads to an unending cycle of undergrowth as malnourished women cannot give birth to a healthy baby.
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Poor Health The malnutrition results in poor health of women. The women of India are prejudiced from the birth itself. They are not breastfed for long. In the want of a son the women wants to get pregnant as soon as possible which decreases the caring period to the girl child whereas the male members get adequate care and nutrition. Women are not given the right to free movement that means that they cannot go anywhere on their own if they want and they have to take the permission of male member of family or have to take them along. This results in decrease in women's visit to doctor and she could not pay attention to her health as a result.
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Maternal Mortality The mortality rate in India is among highest in the world. As females are not given proper attention, which which result results s in the malnut malnutrit rition ion and then then they they are married married at an early early age which leads to pregnancies at younger age when the body is not ready to bear the burden of a child. All this results in complications, complications, which may lead to gynecological gynecological problems, problems, which may become serious serious with time and may ultimately, lead to death.
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Lack of education In India women education never got its due share of attention. From the medieval India women were debarred from the educational field. According to medieval perception women need just household
education and this perception of medieval India still persists in villages of India even today. Girls are suppos supposed ed to fulfill fulfill domest domestic ic duties duties and educat education ion become becomes s second secondary ary for them them wherea whereas s it is considered to be important for boys. Although scenario in urban areas has changed a lot and women are opting for higher education but majority of Indian population residing in villages still live in medieval times. The people of villages consider girls to be curse and they do not want to waste money and time on them as they think that women should be wedded off as soon as possible. The main reason for not sending girls to school is the poor economic condition. Another reason is far off location of schools. In Indian society virginity and purity is given utmost importance during marriage and people are afraid to send their girl child to far off schools were male teacher teach them along with boys. The lack of education is the root cause for many other problems. An uneducated mother cannot look after her children properly and she is not aware of the deadly diseases and their cure, which leads to the poor health of the children. An uneducated person does not know about hygiene this lack of knowledge of hygiene may lead to poor health of the whole family. •
Mistreatment In India violence against women is a common evil. Not just in remote parts but in cities also women bear the brunt. They are subjected to physical and mental violence. They are the one who work most most but but are not given given their due. The women women is not safe anywhere anywhere neither neither at home home nor at workplace. workplace. Every hour a woman is raped in India and every 93 minutes a woman is burnt to death due to dowry problem. There are many laws such as The Hindu Marriage Act of 1955, The Hindu Succession Act of 1956, The Hindu Widow Remarriage Act of 1856, The Hindu Women Right to Property Act of 1937, The Dowry Prohibition Act of 1961, to protect women and punishment is severe but the conviction rate of crime against women is very low in India.
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Overworked Indian women work more than men of India but their work is hardly recognized as they mainly do unskilled unskilled work. Their household household chores is never never counted as a work, if a woman is working in a field to help her husband it will also be not counted as a work. A study conducted by Mies in 1986 states that in Andhra Pradesh a woman works around 15 hours a day during the agricultural season whereas a male on an average works for around 7-8 hours.
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Lack of power In India a large percentage of women do not have power. They cannot take decisions independently not even related to their own life. They have to take permission of male members for each and every issue. They don't have any say in important household matters and not in matter of their own marriage.
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Marriage The family mainly fixes the marriages in India. The scenario in villages is very bad. The girl is not consulted[r6] but is told to marry a guy whom her family has chosen for him. They are taught to abide abide by the whims and fancie fancies s of their their husban husbands. ds. Going against against the wishes wishes of husban husband d is considered to be a sin. In marriage husband always has the upper hand. The groom and his parents show as if they are obliging the girl by marrying her and in return they demand hefty dowry.
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Dowry It's a serious issue. Courts are flooded with cases related to death due to dowry harassment by husband husband and in laws. In ancient times women were given 'Stridhan' 'Stridhan' when they departed departed from the house of their parents. This amount of money was given to her as a gift which she can use on her and her children but her in-laws did not have any right on that amount. This amount was supposed to help the girl in time of need. Slowly this tradition became obligatory and took the form of dowry. Nowadays parents have to give hefty amount in dowry, the in laws of their girl are not concerned whether they can afford it or not. If a girl brings large amount of dowry she is given respect and is treated well in her new home and if she does not bring dowry according to expectations of her in laws then she has to suffer harassment. Due to this evil practice many newly wed women of India have to lose their lives.
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Female infanticide/foeticide infanticide/foeticide As women were supposed to be and in some areas of India are still considered to be curse by some strata of society their birth was taken as a burden. So in past times they were killed as soon as they were born. In some of the Rajput clans of Rajasthan newly born girl child was dropped in a large bowl of milk and was killed. Today with the help of technology the sex of the unborn baby is determined determined and if it is a girl child then it is aborted aborted down. In all this procedure procedure women do not have any say they have to do according according to the wish of their husbands husbands even if she does not wan to abort she have any choice.
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Divorce The divorce rate in India is not so high compared to western countries but it does not mean that marriages are more successful here. The reason behind low level of divorce rate is that it is looked down by the society. It is regarded as the sign of failure of marriage, especially of women. She is treated as if she has committed some crime by divorcing her husband. In some communities like Muslims women did not have the right to divorce their husband they were divorced at just the pronouncement of " I divorce you" by their husband thrice and they could not do anything except to be the mute spectator. Recently Muslim Law Board has given right of divorce to women. After divorce women is entitled to get her "Mehr" for herself and her children's sustenance. In Hindu society women get maintenance for themselves and their children after divorce.
The statistics testifies to the brutalities afflicted on women folk Social Indicator
Indi a
Worl d
Infan Infantt Mort Mortali ality ty Rate Rate,, per per 1000 1000 live live 73 births
60
Maternal Mortality Rate, per 100,000 live 57 0 births
430
Female Literacy, %
58
77.6
Female School Enrollment
47
62
Earned Income by females, %
26
58
Unde Underw rwei eigh ghtt Chil Childr dren en,, %
53
30
Total Fertility Rate
3.2
2.9
Women in Government, %
6
7
Contraception usage, %
44
56
Low birth weight babies, %
33
17
Though there are problems in the lives of Indian women but they are always ready to fight all the odds and enjoy their life to the full they have their own talent, hobbies, and they socia lize according to Indian customs. Attire In ancient India both men and women used to wear clothes, which did not need stitching. This custom resulted in women wearing the unstitched long clothe to cover the lower part of body this clothe came to be known as 'Sari' and the upper half of the body was covered with "Stanpatta", modern day 'choli' or blouse which was tied at the back. This attire of the past along with certain modifications continues till today. It is the major attire in rural India. In northern India and especially in cities women also wear 'Salwar kameez', which is comfortable in workplace. Nowadays some women in urban India also wear westernized dresses like trousers and shirts but majority of the women wear Indian attire. Recreational Activities Indian women pass her free time with her family or socializing with her friends and husband's family. The major part of housewives time is spent in looking after the family especially children. Women's Struggle And Reforms Though Though women of India are not at par with her counterpart counterpart in Western Western world but she is struggling struggling hard to make her mark in men's world. We can count on certain names from the British India where women put the example of extraordinary bravery which even men might not be able to show. Rani Lakshmi Bai of Jhansi was the one such woman. She was the one who put even British rulers to shame with her extraordinary feats in battle. She fought for her kingdom, which Dalhousie, British Governor General, had unlawfully annexed. She was in a true sense the leader of uprising of 1857. There are certain men who took the cause of women in
India. There have been social reformers like Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, Swami Vivekanand, Swami Dayananda Saraswati who have helped women gain their previous status in society. Raja Ram Mohan Roy Born on 22nd may 1772 he was the torchbearer of social reforms for the women. He was strictly against the evils prevalent in society in his time. He is the one who has done women a great favor by abolishing Sati lawfully. It was due to his efforts that Lord William Bentinck banned the custom of Sati in 1829. Though this law was not a great deterrent but it changed mindset of people to some extent. Ram Mohan Roy also did great work in the field of women education. education. He was against child marriage and favored widow remarriage. He himself married a widow thus setting the example for the whole society. Along with 'Dwarka Nath Tagore' he founded "Brahmo Samaj" for the reform of Indian society and emancipation of women. Ishwar Chandra Vidyasagar Ishwar Chandra Vidyasagar was popularly known as Vidyasager, which means sea of knowledge. Testifying to his name he was truly the sea of knowledge. He was a pillar of social reform movement of Bengal in 19th century. He widely read ancient Hindu scriptures and came to know that the gender divide which was prevalent in Bengal was not encoded in our ancient texts instead it is the politics to keep women subordinate to men. He strongly supported women education in Bengal and went door to door to persuade people to send their girl child to school. He also did a lot in the field of widow remarriage. He opened many schools for girls. Mahatma Jyotirao Phule Born on April 11, 1827, Pune, Jyotirao Govindrao Phule was a real philanthropist. He was the one to open first girl school in India. He is also credited with opening first home for widows of the upper caste and a home for newborn girl children so that they can be saved from female infanticide. Swami Dayananda Saraswati He was the founder of Arya Samaj and gave a cry, "back to Vedas". He translated Vedas from Sanskrit to Hindi so that a common man can read it and understand that the Vedic Hindu scriptures gave utmost importance to women. He emphasized for the equal rights for women in every field. He tried to change the mindset of people with his Vedic teachings. Mahatma Gandhi The social reformers of 19th century laid down the stage for the emancipation of women but it was Mohan Das Karam Chand Gandhi under whose influence these reforms reached masses[r10]. He was the one who liberated Indian women from the clutches of 'Purdah' and other social evils. He brought them from their confinement and asked them to participate in the struggle for independence. According to him women should be liberated from the slavery of kitchen only then their true potential could be realized. He said that responsibility of household is important for women but it should not be the only one. In fact she should come forward to share the responsibilities of nation.
When Gandhiji Gandhiji came to the stage of Indian struggle struggle for independe independence nce then the average average life span of Indian women was 27 years and only 2%women were educated this shows what a Herculean task it was to bring the women of India who was not getting her basic rights to fight for the cause of the nation. But it w as due to his efforts that so many women like Sarojini Naidu, Vijayalakshmi Pandit, Aruna Asaf Ali, Sucheta Kriplani and Rajkumari Amrit Kaur came forward. He spread the message of equality of the gender to the masses and criticized the desire of Indian people to have male child instead of a female. Gandhiji was strictly against the child marriage and favored widow remarriage. He urged the youth to come forward and accept young widows as their life partner. He said that the girls are also capable of everything boys can do but the need of the time is to give them opportunities so that they can prove themselves. It was mainly due to his efforts that that when when India India got independ independenc ence e 'right 'right to vote' vote' came came natura naturally lly to Indian Indian women women wherea whereas s in other other developed nations like England and America women got this right very late and that too after lot of protest. Current Scenario Some Bright Spots •
India has world's largest number of professionally qualified women.
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India has largest population of working women in the world.
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India has more number of doctors, surgeons, scientists, professors than the United States
Women Achiever With the help of these social reformers women of India slowly started recognizing her true potential. She started questioning the rules laid down for her by the society. As a result, started breaking barriers and earned a respectable position in the world. Today Indian women have excelled in each and every field from
social work to visiting space station. There is no arena, which remained unconquered by Indian women. Whether Whether it is politics, politics, sports, sports, entertainm entertainment, ent, literature, literature, technology technology everywhere everywhere we can hear applauses for her. Politics Women of India are highly active today in this area. Sarojini Naidu, Vijaylakshami Pandit, Sucheta Kriplani were the torchbearer for the women of India. Mrs.Vijay Lkshami Pandit was the first Indian woman to hold a post in the cabinet. cabinet. Thus paving the way for other women. The most important name in the category category of women politicians of recent times is Mrs Indira Gandhi. She was the one who made world stop and notice the talent and potential of Indian women. She was the first women Prime Minister of independent India. Today her daughter-in law Mrs Sonia Gandhi is following her footsteps and leading the Indian National Congress.
Other Other women women who have made made their their name name in politi politics cs of India India are Shiela Shiela Dixit, Dixit, Uma Bharti, Bharti, Jayalali Jayalalitha tha,, Vasundhra Raje and Mamata Banerjee. Sports Indian women have achieved great laurels for the nation in every sport. Whether it is cricket or hockey India have national women team for every game. Indian women cricket team has won Asia Cup of 2004 and 2005 and made country proud. Some women sports icons of India are: •
P.T. Usha (Athletics)
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Kunjarani Devi (Weight lifting)
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Diana Edulji (Cricket)
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Sania Mirza (Tennis)
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Karnam Malleshwari (Weight lifting)
Art and Entertainment This This arena arena is full full of Indian Indian women. women. We have have many many names names to boast boast of like M.S. Subbulaks Subbulakshmi hmi,, Indian Indian Nighti Nightinga ngale le Lata Lata Manges Mangeshka hkar, r, Asha Asha Bhosle Bhosle as famous famous singer singers. s. Madhu Madhu Bala, Bala, Rekha, Rekha, Aishwar Aishwarya ya Rai as Bollywood queens. Today Indian woman is a painter, an actor, a singer, and a beauty queen. Literature In past women of India used to write, but their work did not get the recognition. Today they are getting their dues. Arundhati Roy, Anita Desai, Kiran Desai, Shobhaa De, Jhumpa Lahiri are famous names in Indian literature. Not just in India now these women are recognized all over the world. Arundhati Roy has been awarded with the Booker Prize of 1997 for her work "God of Small Things". Kiran Desai has been given Booker Prize of 2006 and Jhumpa Lahiri got recognition in the form of Pulitzer prize. Corporate Divas Kiran Majumdar Shaw is the undisputed corporate queen of India. She is the richest Indian woman. She is the MD of Biocon India. She is the wealthiest wealthiest entreprene entrepreneur ur of India Kiran wanted to become a doctor but could not get admission in medical colleges but even then she did not lose courage and went on to become India's first woman 'Brew Master' Master' and subsequently subsequently corporate corporate queen. queen. Another Another names in this list include Vidya Mohan Chhabaria, Chairperson of Jumbo Group, Naina Lal Kidwai, Vice Chairperson and Managing Director of HSBC Securities and Capital Market, Sullaijja Firodia Motwani and Mallika Srinivasan. Social saints The Indian saint of today's times Mother Teresa is the name which every Indian whether rich or poor is familiar with. She was the person who used to consider the smile of her countrymen as her wealth. She worked for those whom even their own families have deserted. She did not care whether she is in the company of a person suffering from communicable disease or whether it is day or night. Whenever or wherever one needed her she was present. She opened various homes for these people most famous of which is 'Nirmal Hriday". It is open to everyone irrespective of caste, creed or religion.
Another important names working for the cause of people includes Aruna Roy who worked for the save RTI Campaign and Medha Patekar who is associated with Narmada Bachao Andolan. Universal Queens Indian women have not just made their mark on earth but they have engraved their name in the whole univer universe se by flying flying to space. space. Kalpana Chawla, Chawla, who was the member member of Colombia Colombia Space Shuttle, Shuttle, which exploded on its way back, was the first Indian women astronaut who visited space station. And now following on her footsteps another another women of Indian origin Sunita Sunita Williams has become the second one to be the member of International Space Station crew.
Indian women have mastered anything and everything which a woman can dream of. But she still has to go a long way to achieve equal status in the minds of Indian men. The desire of Indian women can be best summed up in the following lines of 'Song of an African Women': I have only one request. I do not ask for money Although I have need of it, I do not ask for meat . . . I have only one request, And all I ask is That you remove The road block From my path.
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Reservation in India From Wikipedia, the free encyclopedia
Jump to: navigation navigation,, search This article may require cleanup to meet Wikipedia's quality standards. standards. Please improve this article if you can. (August 2008) Reservation in Indian law is a quota system whereby a percentage of seats are reserved in the public sector units, union and state government gov ernment departments and in all public and private educational institutions, except in the religious/ linguistic minority educational institutions, for the socially and educationally backward educationally backward communities and the Scheduled Castes and Tribes who are inadequately represented in these services and institutions. The reservation policy is also extended for the Scheduled Castes and an d Scheduled Tribes for representation in the Parliament of India.. The central government of India reserves 27% of higher education[1], and individual states India may legislate further reservations. Reservation in most states is at 50%, the maximum amount declared constitutional by the supreme court[2], but certain Indian states like Rajasthan have proposed a 68 % reservation which includes a 14% reservation for forward castes.[3]
Contents [hide hide]] •
1 Pu Purp rpos ose e
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2 History of the practice
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3 Reser Reservations vations and Judiciary
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4 Typ Types es of Res Reserv ervatio ation n ○
4.1 Cast Caste e base based d
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4.2 Man Manage agemen mentt quo quota ta
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4.3 Rel Religi igion on bas based ed
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4.4 State of dom domicil iciles es
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4.5 Under Undergradu graduate ate college colleges s
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4.6 Oth Other er crit criteri eria a
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5 Re Relax laxati ation ons s
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6 Reservation policy poli cy in Tamil Nadu ○
6.1 Histori Historical cal persp perspective ective
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6.2 Pre Presen sentt pra practic ctice e
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6.3 6. 3 Tim Timeli eline ne
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7 Pop Popula ulation tion dat data a
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8 Ar Argu gume ment nts s ○
8.1 Arguments offered by suppor supporters ters of reser reservation vation
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8.2 Argu Arguments ments offered by anti-re anti-reservati servationists onists
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8.3 Other notable suggestions suggestion s
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9 Se See e al also so
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10 Re Refe fere rence nces s
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11 Ext Extern ernal al link links s
[edit edit]] Purpose Caste and community profile of people below the poverty line in India, as outlined in the Sachar Report Reservations are intended to increase the social diversity in campuses and workplaces by lowering the entry criteria for certain identifiable groups that are grossly under-represented in proportion to their numbers in the general po pulation. Caste is the most used criteria to identify under-represented groups. However there are other identifiable criteria for under-representation —gender (women are under represented), state o f domicile (North Eastern States, as Bihar and Uttar Pradesh are under-represented), rural people, etc. -- as revealed by the Government of India sponsored National Family Health and National Sample surveys. The underlying theory is that the under-representation of the identifiable groups is a legacy of the Indian caste system. system. After India gained independence, the Constitution of India listed some erstwhile groups as Scheduled Castes (SC) and Scheduled Tribes (ST). The framers of the Constitution believed that, due to the caste system, SCs and the STs were historically oppressed and denied respect and equal opportunity in Indian society and were thus under-represented in
nation-building activities. The Constitution laid down 15% and 7.5% of vacancies to government go vernment aided educational institutes and for jobs in the government/public sector, as reserved quota for the SC and ST candidates respectively for a period of five years, after which the situation was to be reviewed. This period was routinely extended by the following governments and the Indian Parliament, and no revisions were undertaken. Later, reservations were introduced for other sections as well. The Supreme Court ruling that reservations cannot exceed 50% (which it judged would violate equal access guaranteed by the Constitution) has put a cap on reservations. However, there are state laws that exceed this 50% limit and these are under litigation in the Supreme Court. For example, the caste-based reservation fraction stands at 69% and is applicable to about 87% of the population in the state of Tamil Nadu (see section on Tamil Nadu below).
[edit edit]] History of the practice Main articles: Poona Pact , Communal Award , 1946 Cabinet Mission to India, India , Kalelkar Commission,, Mandal Commission, Commission Commission , and 2006 and 2006 Indian anti-reservation protests
Reservations in favour of Backward Classes (BCs) was introduced long before Independence in a large area, comprising the Presidency areas and the Princely States south of the Vindhyas. Chatrapati Sahuji Maharaj, Maharaja of Kolhapur in Maha rashtra introduced reservation in favour of backward classes as early as 1902 19 02 to eradicate poverty from amongst them and to give them their due share in the State administration. ad ministration. The notification of 1902 created 50% reservation in services for backward classes/communities in the State of Kolhapur. This notification is the first Govt. Order providing for reservation for the welfare of depressed classes in India. The concept of untouchability was not n ot practiced uniformly throughout the country, the identification of oppressed classes is not an easy task. What is more, the practice of segregation and untouchability prevailed more in the southern parts of India and was more diffused in Northern India. An additional complexity is that there are certain castes/ communities, which are considered as untouchables in one province but not in other provinces. Some castes, based on traditional occupations, find place in both Hindu and non-Hindu communities. Listing of castes has had a long history, starting from the earliest period of our history with Manu. Medieval chronicles contain description of communities located in various parts of the country. During the British colonial period, listings were undertaken after 1806, on an extensive scale. The process gathered momentum in course of the censuses from 1881 to 1931. The Backward Classes movement also first gathered momentum in South India particularly in Tamil Nadu. The continuous efforts of some of the social reformers of the country viz. Rettamalai srinivasa Paraiyar, Ayothidas Pandithar www.paraiyar.webs.com Pandithar www.paraiyar.webs.com , Jyotiba Phule, Babasaheb Ambedkar, Chhatrapati Sahu ji Maharaj and others, completely demolished the wall created by the upper classes between them and the untouchables. India is divided into many endogamous groups, groups, or castes or castes and sub-castes, as a result of centuries of practicing a form of social hierarchy called the caste system. system. Proponents of reservation policy says that the traditional caste system, as it is practised, leads to severe oppression and segregation of the lower castes and limited their access to various freedoms, including education education.. Caste, according to ancient scriptures such as "Manu Smriti", Smriti", is "Varnasrama "Varnasrama Dharma", Dharma", which translates to "offices given according to class or occupation". "Varna Varna"" in Varnasrama (Varna + Ashrama)is not to be confused with the same word meaning 'colour'. The practice of caste in India followed this rule.
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1882 - Hunter Commission appointed. Mahatma Jyotirao Phule made a demand of free and compulsory education for all along with proportionate reservation/representation in government jobs. 1891-The demand for reservation of government jobs was made as early as 1891 with an agitation in the princely State of Travancore against the recruitment of non-natives into public service overlooking qualified native people. 1901-Reservations were introduced in Maharashtra in the Princely State of Kolhapur by Shahu Maharaj. Maharaj. Reservations in the princely states of Baroda and Mysore were already in force. 1908-Reservations were introduced in favour of a number of castes and communities that had little share in the administration by the British.
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1909- Provisions were made in the Government of India Act 1909
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1919- Montagu-Chelmsford Reforms introduced.
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1919 - Provisions were made in the Government of India Act 1919
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1921-Madras 1921-Madras Presidency introduces Communal G O in which reservation of 44 per cent for non-Brahmins, 16 per cent for Brahmins, 16 per cent for Muslims, 16 per cent for Anglo-Indians/ Christians and eight per cent for Scheduled Castes. 1935-Indian 1935-Indian national congress passes resolution called Poona Pact to allocate separate electoral constituencies for depressed classes. 1935 - Provisions in Government of India Act 1935. 1935 . 1942-B.R.Ambedkar 1942-B.R.Ambedkar established the All India Depressed Classes federation to support the advancement of the scheduled castes. He also demanded reservations for the Scheduled castes in government services and education. 1946- 1946 Cabinet Mission to India proposes proportionate representation with several other recommendations. 1947-India obtained Independence. Dr. Ambedkar was appointed chairman of the drafting committee for Indian Constitution. Constitution. The Indian constitution prohibits discrimination on the grounds only of religion religion,, [4] race,, caste race caste,, sex and place of birth . While providing equality of opportunity for all citizens, the constitution contains special clauses "for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes"[4]. Separate constituencies allocated to Scheduled Castes and Tribes to ensure their political representation for 10 years.(These were subsequently extended for every 10 years through constitutional amendments). amendments ).
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1947-1950- Debates of the Constituent Assembly.
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26/01/1950-The Constitution of India came in force.
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1953-Kalelkar 1953-Kalelkar Commission was established to assess the situation of the socially and educationally backward class. The report was accepted as far as Scheduled Castes and Scheduled Tribes were concerned. The recommendations for OBC's were rejected.
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1956-Schedules amended as per Kaka Kalelkar report.
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1976-Schedules amended.
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1979-Mandal 1979-Mandal Commission was established to assess the situation of the socially and educationally backward. [5] The commission didn't have exact figures for a sub-caste, known as the Other Backward Class(OBC), Class (OBC), and used the 1930 [6] census data, further classifying 1,257 communities as backward, to estimate the OBC population at 52%. [6] 1980-the commission submitted a report, and recommended changes to the existing quotas quotas,, increasing them from 22% to 49.5% [5].As of 2006[update] number of castes in Backward class list went up to 2297 which is the increase of 60% from community list prepared by Mandal commission. 1990-Mandal commission recommendations were implemented in Government Jobs by Vishwanath Pratap Singh. Singh. Student Organisations launched nationwide agitations. Rajiv Goswami Delhi university student attempted self-immolation self-immolation.. Many students followed suit. 1991-Narasimha 1991-Narasimha rao Government introduced 10% separate reservation for Poor Among Forward Castes. 1992-Supreme court upheld reservations to Other backward classes in Indira Sawhney Case. Also see Reservations and Judiciary section 1995-Parliament by 77th Constitutional amendment inserted Art 16(4) (A) permitting reservation in promotions to the Schedule Castes and Schedule Tribes. Later it was further amended to include consequential seniority by 85th amendment. 1998-Central Government conducted large nationwide survey for the first time to estimate economical and educational status of various social groups.. The National Sample Survey puts the figure at 32%[3] 32% [3].. There is substantial debate over the exact number of OBC's in India, with census data compromised by partisan politics. It is generally estimated to be sizable, but lower than the figures quoted by either the Mandal Commission or and national Sample Survey [4] [4].Mandal .Mandal commission has been criticised of fabricating the data. National surveys indicated that status of OBC is comparable to Forward castes in many areas.[5] areas. [5] 2005 August 12 - The Supreme Court delivered a unanimous judgement by 7 judges on August 12, 2005 in the case of P.A. Inamdar & Ors. vs. State of Maharashtra & Ors.declaring that the State can't impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. 2005-93rd Constitutional amendment brought for ensuring reservations to other backward classes and Scheduled castes and
Tribes in Private Educational institutions. This effectively reversed the 2005 August Supreme Court judgement. ○
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2006-The Constitution Bench of the Supreme Court in M.Nagraj & Ors Vs. Union of India & Ors upheld the constitutional validity of Art 16(4) (A), 16(4) (B) and proviso to Art 335. 2006-Reservations introduced for Other backward classes in Central Government Educational Institutions. Total Reservation went up to 49.5%. Also See Recent Development. 2007-Supreme Court give stayed on OBC reservation in Central Government Educational Institutions. 2008—The Supreme Court of India on April 10, 2008, upheld the Government's move for initiating 27% OBC quotas in Government funded institutions. The Court has categorically reiterated its prior stand that "Creamy Layer" should be excluded from the ambit of reservation policy. The Supreme Court avoided answering the question whether reservations can be made in private institutions, stating that the question will be decided only as and when a law is made making reservations in private institutions. The verdict produced mixed reactions from supporting and opposing quarters.
Several criteria to identify creamy layer has been recommended, which are as follows:[7] Those with family income above Rs 250,000 a year should be in creamy layer, and excluded from the reservation quota. Also, children of doctors, en gineers, chartered accountants, actors, consultants, media professionals, writers, bureaucrats, defence officers of colonel and equivalent rank or higher, high court and an d Supreme Court judges, all central and state government Class A and B officials. The court has requested Parliament to exclude MPs’ and MLAs’ children, too.
[edit edit]] Reservations and Judiciary Indian Judiciary has pronounced some Judgments u pholding reservations and some judgments for fine tuning its implementations. Lot of judgments regarding reservations have been modified subsequently by Indian parliament through constitutional amendments. Some judgments of Indian judiciary has been flouted by state and central Governments. Given below are the major [8][9] [9] judgments given by Indian courts and its implementation status[8] : Yea r
195 1
Judgement
Court has pronounced that caste based reservations as per Communal Award violates Article 15(1).
Implementation Details
1st constitutional amendment (Art. 15 (4)) introduced to make judgement invalid.
(State of Madras Vs. Smt. Champakam Dorairanjan AIR 1951 SC 226)
196
Court Court has put 50% cap on
Almost Almost all states states except except Tamil Tamil Nadu Nadu
3
reservations in M R Balaji v Mysore AIR 1963 SC 649
199 2
Supreme court in Indira Sawhney & Ors v. Union of India. AIR 1993 SC 477 : 1992 Supp (3)SCC 217 upheld Implementation of separate reservation for other backward classes in central government jobs.
(69%, Under 9th schedule) and Rajasthan (68% quota including 14% for forward castes, post gujjar violence 2008) has not exceeded 50% limit. Tamil Nadu exceeded limit in 1980. Andhra Pradesh tried to exceed limit in 2005 which was again stalled by high court.
Judgement implemented
Ordered to exclude Creamy layer of other backward classes from enjoying reservation facilities.
All states except Tamil Nadu implemented. Recent Reservation bill for providing reservations to other backward classes in educational institutions also has not excluded Creamy layer in some states. (Still under the consideration of Standing committee).
Ordered to restrict reservations within 50% limit.
All states except Tamil Nadu followed.
Declared separate reservations for economically poor among forward castes as invalid. In General Manager, S. Rly. v. Rangachari AIR 1962 SC 36, State of Punjab v. Hiralal 1970(3) SCC 567, Akhil Bharatiya Soshit Karamchari Sangh (Railway) v. Union of India (1981) 1 SCC 246 it was held that Reservation of appointments or posts under Article 16(4)
Judgement implemented
Ashok Kumar Gupta: Vidyasagar Gupta Vs State of Uttar Pradesh. 1997 (5) SCC 201 77th Constitution amendment (Art 16(4 A) & (16 4B) introduced to make judgement as invalid. M. Nagraj & Ors v. Union of India and Ors. AIR 2007 SC 71 held the amendments constitutional. 1. Art. 16(4)(A) and 16(4)(B) flow from Art. 16(4). Those
included promotions. This was overruled in Indira Sawhney & Ors v. Union of India. AIR 1993 SC 477 : 1992 Supp (3) SCC 217 and held that Reservations cannot be applied in promotions. Union of India Vs Varpal Singh AIR 1996 SC 448, Ajitsingh Januja & Ors Vs State of Punjab AIR 1996 SC 1189, Ajitsingh Januja & Ors Vs State of Punjab & Ors AIR 1999 SC 3471, M.G.Badappanavar Vs State of Karnataka 2001 (2) SCC 666. 6 66.
In Union of India Vs Varpal Singh AIR 1996 SC 448 and Ajitsingh Januja & Ors Vs State of Punjab AIR 1996 SC 1189 it was held that a roster point promotees getting the benefit of accelerated promotion would not get consequential seniority and the
constitutional amendments do not alter structure of Art. 16(4). 2. Backwardness and inadequacy of representation are the controlling/compelling reasons for the state to provide reservations keeping in mind the overall efficiencies of state administration. 3. Government has to apply cadre strength as a unit in the operation of the roaster in order to ascertain whether a given class/group is adequately represented in the service. Roaster has to be post specific with inbuilt concept of replacement and not vacancy based. 4. If any authority thinks that for ensuring adequate representation of backward class or category, it is necessary to provide for direct recruitment therein, it shall be open to do so. 5. Backlog vacancies to be treated as a distinct group and are excluded from the ceiling limit of 50%. 6. If a member from reserved category gets selected in general category, his selection will not be counted against the quota limit provided to his class and reserved category candidates are entitled to compete for the general category post. 7. The reserved candidates are entitled to compete with the general candidates for promotion to the general post in their own right. On their selection, they are to be adjusted in the general post as per the roster and the reserved candidates should be adjusted in the points earmarked in the roster to the reserved candidates. 8. Each post gets marked for the particular category of candidate to be appointed against it and any subsequent vacancy has to be filled by that category alone (replacement theory). R K Sabharwal Vs St of Punjab AIR 1995 SC 1371 : (1995) 2 SCC 745.
By 85th Constitution amended Consequential Seniority was inserted in Art 16 (4)(A) to make the judgement invalid. M. Nagraj & Ors v. Union of India and Ors. AIR 2007 SC 71 held the amendments constitutional. Jagdish Lal and others v. State
seniority between the reserved category candidates and general candidates in promoted category shall be governed by their panel position. This was overruled in Jagdish Lal and others v. State of Haryana and Others (1997) 6 SCC 538 it held that the date of continuous officiation has to be taken into account and if so, the roster point promotees were entitled to the of Haryana and Others (1997) 6 SCC 538 it benefit of continuous officiation. held that the date of continuous officiation Ajitsingh Januja & Ors Vs State of has to be taken into account and if so, the Punjab & Ors AIR 1999 SC 3471 roster- point promotees were entitled to the overruled Jagdish Lal M G Badappanvar benefit of continuous officiation. Vs St of Karnataka 2001(2) SCC 666 : AIR 2001 SC 260 held that roster promotions were meant only for the limited purpose of due representation of backward classes at various levels of service and therefore, such roster promotions did not confer consequential seniority to the roster point promotee.
S. Vinodkumar Vs. Union of India 1996 6 SCC 580 held that th at relaxation of qualifying marks and standard of evaluation in matters of reservation in promotion was not permissible
199 4
Supreme court advised Tamilnadu to follow 50% limit
By the Constitution (82nd) Amendment Act a proviso was inserted at the end of Art 335. M. Nagraj & Ors v. Union of India and Ors. AIR 2007 SC 71 held the amendments constitutional.
Tamilnadu Reservations put under 9th Schedule of the constitution. I.R. Coelho (Dead) by LRS. Vs. State of T.N. 2007 (2) SCC 1 : 2007 2 007 AIR(SC) 861 Held, Ninth Schedule law has already been upheld by the court, it would not be open to challenge such law again on the principles declared by this judgment. However, if a law held to be violative of any rights in Part III is subsequently incorporated in the Ninth Schedule after 24 April, 1973, such a violation/infraction shall be open to challenge on the ground that it destroys or damages the basic structure as indicated in Article 21 read with Article 14, Article 19 and the principles underlying thereunder.
Action taken and the transctions finalized as a result of the impugned Acts shall not be open to challenge.
200 5
In Unni Krishnan, J.P. & Ors. Vs. State of Andhra
93rd constitutional amendment introduced Art 15(5).
Pradesh & Ors. (1993 (1) SCC 645), it was held that right to establish educational institutions can neither be a trade or business nor can it be a profession within the meaning of Article 19(1)(g). This was overruled in T.M.A.Pai Foundation v. State of Karnataka (2002) 8 SCC 481, P.A.Inamdar v. State of Maharashtra 2005 AIR(SC) 3226 Supreme court ruled that reservations cannot be enforced on Private Unaided educational institutions.
Ashoka Kumar Thakur vs. Union of India[10] 1.The Constitution (Ninety-Third Amendment) Act, 2005 does not violate the "basic structure" of the Constitution so far as it relates to the state maintained institutions and aided educational institutions. Question whether the Constitution (Ninety-Third Amendment) Act, 2005 would be constitutionally valid or not so far as "private unaided" educational institutions are concerned, is left open to be decided in an appropriate case. 2."Creamy 2."Creamy layer " principle is one of the parameters to identify backward classes. Therefore, principally, the "Creamy layer" principle cannot be applied to STs and SCs, as SCs and STs are separate classes by themselves. 3. Preferably there should be a review after ten years to take note of the change of circumstances. 4. A mere graduation (not technical graduation) or professional deemed to be educationally forward. 5. Principle of exclusion of Creamy of Creamy layer applicable layer applicable to OBC's. 6. The Central Government shall examine as to the desirability of fixing a cut off marks in respect of the candidates belonging to the Other Backward Classes (OBCs)to balance reservation with other societal interests and to maintain standards of excellence. This would ensure quality and merit would not suffer. If any seats remain vacant after adopting such norms they shall be filled up by candidates from general categories. 7. So far as determination of backward classes is concerned, a Notification should be issued by the Union of India. This can be done only after exclusion of the creamy layer for which necessary data must be obtained by the Central Government from the State Governments and Union Territories. Such
Notification is open to challenge on the ground of wrongful exclusion or inclusion. Norms must be fixed keeping in view the peculiar features in different States and Union Territories. There has to be proper identification of Other Backward Classes (OBCs.). For identifying backward classes, the Commission set up pursuant to the directions of this Court in Indra Sawhney 1 has to work more effectively and not merely decide applications for inclusion or exclusion of castes. 8.The Parliament should fix a deadline by which time free and compulsory education will have reached every child. This must be done within six months, as the right to free and compulsory education is perhaps the most important of all the fundamental rights (Art.21 A). For without education, it becomes extremely difficult to exercise other fundamental rights. 9.If material is shown to the Central Government that the Institution deserves to be included in the Schedule (institutes which are excluded from reservations) of The Central Educational Institutions (Reservation in Admission) Act, 2006 (No. 5 of 2007), 200 7), the Central Government must take an appropriate decision on the basis of materials placed and on examining the concerned issues as to whether Institution deserves to be included in the Schedule of the said act as provided in Sec 4 of the said act. 10. Held that the determination of SEBCs is done not solely based on caste and hence, the identification of SEBCs is not violative of Article 15(1) of the Constitution. Relevant Cases
1. See Arts 12, 12, 14, 15, 15, 16, 19, 19, 335 of the Constitut Constitution ion of India. India. 2. State of of Madras Madras Vs. Smt. Champak Champakam am Dorairanja Dorairanjan n AIR 1951 SC 226 3. General General Manager, Manager, S. Rly v. Rangac Rangachari hari AIR AIR 1962 SC 36 4. M R Balaji Balaji v. State State of Mysore AIR 1963 1963 SC 649 5. T. Devad Devadasa asan n v Union Union AIR 1964 1964 SC SC 179. 179. 6. C. A. Rajendra Rajendran n v. Union Union of India India AIR 1965 1965 SC 507. 7. Chamar Chamaraja aja v Myso Mysore re AIR AIR 1967 1967 Mys 21 21
8. Barium Barium Chemicals Chemicals Ltd. Ltd. Vs Company Company Law Board Board AIR 1967 1967 SC 295 9. P. Rajendra Rajendran n Vs. State State of of Madras Madras AIR 1968 SC 1012 1012 10.Triloki Nath Vs. State of Jammu and Kashmir AIR 1969 SC 1 11.State of Punjab vs. Hira Lal 1970(3) SCC 567 12.State of A.P. Vs U.S.V. Balram AIR 1972 SC 1375 13.Kesavanand Bharti v St of Kerala AIR 1973 SC 1461 14.State of Kerala Vs N. M. Thomas AIR 1976 SC 490 : (1976) 2 SCC 310 15.Jayasree Vs. State of Kerala AIR 1976 SC 2381 16.Minerva Mills Ltd Vs Union (1980) 3 SCC 625 : AIR 1980 SC 1789 17.Ajay Hasia v Khalid Mujib AIR 1981 SC 487 18.Akhil Bharatiya Soshit Karamchari Sangh Vs Union (1981) 1 SCC 246 19.K. C. Vasant Kumar v. Karnataka AIR 1985 SC 1495 20.Comptroller & Auditor-General of India, Gian Prakash Vs K. S. Jaggannathan (1986) 2 SCC 679 21.Hindustan Zinc Ltd. Vs A. P. State Electricity Board (1991) 3SCC 299 22.Indira Sawhney & Ors v. Union of India AIR 1993 SC 477 : 1992 Supp (3) SCC 217 23.Unni Krishnan v. State of A.P. and Ors. (1993 (1) SCC 645) 24.R K Sabharwal Vs St of Punjab AIR 1995 SC 1371 : (1995) 2 SCC 745 25.Union of India Vs Varpal Singh AIR 1996 SC 448 26.Ajitsingh Januja & Ors Vs State of Punjab AIR 1996 SC 1189 27.Ashok Kumar Gupta: Vidyasagar Gupta Vs State of Uttar Pradesh. 1997 (5) SCC 201 28.Jagdish Lal and others v. State of Haryana and Others (1997) 6 SCC 538 29.Chander Pal & Ors Vs State of Haryana (1997) 10 SCC 474 30.Post Graduate Institute of Medical Education and Research, Chandigarh Vs. Faculty Association 1998 AIR(SC) 1767 : 1998 (4) SCC 1 31.Ajitsingh Januja & Ors Vs State of Punjab & Ors AIR 1999 SC 3471 32.Indira Sawhney Vs. Union of India. AIR 2000 SC 498 33.M G Badappanvar Vs St of Karnataka 2001(2) SCC 666 : AIR 2001 SC 260 34.T.M.A.Pai Foundation v. State of Karnataka (2002) 8 SCC 481 35.NTR University of Health Science Vijaywada v. G Babu Rajendra Prasad (2003) 5 SCC 350 36.Islamic Academy of Education & Anr. v. State of Karnataka & Ors. (2003) 6 SCC 697 37.Saurabh Chaudri & Ors. v. Union of India & Ors. (2003) 11 SCC 146 38.P.A.Inamdar v. State of Maharashtra 2005 AIR(SC) 3226
39.I.R. Coelho (Dead) by LRS. Vs. State of T.N. 2007 (2) SCC 1 : 2007 AIR(SC) 861 40.M. Nagraj & Ors v. Union of India and Ors. AIR 2007 SC 71 41.Ashok Kumara Thakur Vs Union of India. 2008
[edit edit]] Types of Reservation Seats in educational institutions and jobs are reserved based on a variety of criteria. The quota system sets aside a proportion of all possible positions for members of a specific group. Those not belonging to the designated communities can compete only for the remaining p ositions, while members of the designated communities can compete for all positions (reserved and open). For example, when 2 out of 10 clerical positions in railways are reserved for ex-servicemen, those who have served in the Army can compete both in the General Category as well as in the specific quota.
[edit edit]] 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. In central government funded higher educTypes of Reservation Seats in educational institutions and jobs are reserved based on a variety of criteria. The quota system sets aside a proportion of all possible positions for members of a specific group. Those not belonging to the designated communities can compete only for the remaining positions, while members of the designated communities can compete for all positions (reserved and open). For example, when 2 out of 10 clerical positions in railways are reserved for ex-servicemen, those who have served in the Army can compete both in the General Category as well as in the specific quota. 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 [10]. 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, be ing 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.
[edit edit]] Management quota Most controversial quota is the Management quota according to the advocaters of Pro-caste reservation people. This is so because it violates all the arguments given by the anti reservation people and still they don't seem to ever protest against it. It reserves about 15- 50 % seats in private colleges for the students who are decided by the college management's own criteria. The criteria involves the colleges own entrance exam or minimum %age of 10+2 legally.
[edit edit]] 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.[11] The government's argument is that
this sub-quota is based on the backwardness ba ckwardness of the religious communities and not on the [11] religions themselves. Andhra Pradesh's Pradesh's administration has introduced a law enabling 4% reservations for Muslims. This has been contested in court. cou rt. Kerala Public Service Commission has a quota of 12% for Muslims. Religious minority status educational institutes also have 50% reservation for their particular religions.
[edit edit]] State of domiciles With few exceptions, all jobs under state government are reserved to those who are domiciles under that government. In PEC Chandigarh, Chan digarh, earlier 80% of seats were reserved for Chandigarh Chand igarh domiciles and now it is 50%. 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.
[edit edit]] Undergraduate colleges Institutes like JIPMER JIPMER have 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 ha d completed MBBS in AIIMS was assured a postgraduate seat, which was judged illegal by a Court.
[edit edit]] Other criteria Some reservations are also made for: •
Sons/Daughters/Grandsons/Grand daughters of Freedom of Freedom Fighters. Fighters.
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Physically handicapped. handicapped.
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Sports personalities.
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•
•
Non-Resident Indians (NRIs) have a small fracton of reserved seats in educational institutions. They have to pay more fees and pay in foreign currency (Note : NRI reservations were removed from IIT in 2003). Candidates sponsored by various organizations. Those who have served in the armed forces (ex-serviceman quota).
•
Dependants of armed of armed forces personnel killed in action.
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Repatriates.
•
•
•
•
Those born from inter-caste marriages. Reservation in special schools of Govt. Undertakings /PSUs meant for the children of their employees (eg. Army schools, PSU schools, etc.). Paid pathway reservations in places of worship (eg. Tirupathi Balaji Temple, Tiruthani Murugan (Balaji) temple). Seat reservation for Senior citizens/ PH in Public Bus transport.
[edit edit]] Relaxations In view of the fact that several of the top undergraduate and graduate institutions in India, such as the IITs IITs,, the IIMs are among the most selective in the world, it is not surprising that most reservation criteria are applied at the stage of en trance examinations for these institutions. Some
of the criteria are relaxed for reserved categories, while w hile others are completely eliminated. Examples include:
1. The minimum minimum high school school marks criteria criteria are are relaxed relaxed for reserved reserved seats. seats. 2. Age 3. Fees, Fees, Hostel Hostel Room Room Rent Rent etc etc It is important to note, however, that the criteria required to graduate from an institution are never relaxed, although some institutions provide reduced load programs (such as the ones at IITs) to meet the special needs of these students.
[edit edit]] Reservation policy in Tamil Nadu [edit edit]] Historical perspective The reservation system in Tamil Nadu is much in contrast to the rest of India, not by the nature of reservation but by its history.When the first reservation protest hit New Delhi in May 2006, a contrasting quiet serenity was noticed in Chennai. Later, as the anti-reservation lobby gained in visibility in Delhi, Chennai saw quiet street protests demanding reservation. Doctors in Chennai, including doctors association for social equality(DASE) were in the forefront expressing their support for reservation in institutions of higher education run by the Central government.
[edit edit]] Present practice At present, in day to day practice, reservation works out to somewhat less than 69%, dep ending on how many non-reserved category students are admitted in the super-numerary seats. If 100 seats are available, first, two merit lists are drawn up without considering co mmunity (reserved or unreserved), one for 31 seats and a second for 50 seats, corresponding to 69% reservation and 50% reservation respectively. Any non-reserved category students placing in the 50 seat list and not in the 31 seat list are admitted ad mitted under super-numerary quota (i.e.) seats are added to the 100 for these students. The 31 seat list is used as the non-reserved open admission list and 69 seats are filled up using the 69% reservation formula (30 seats obc, 20 seats mbc, 18 seats sc and 1 seat st). The effective reservation percentage depends depend s on how many non-reserved category students figure in the 50 list and not in the 31 list. At one extreme, all 19 (added from 31 to make the 50 list) may be non-reserved category students, in wh ich case the total reservation works out to about 58%(69/119); this might also be argued to be (69+19)/119 or 74% with w ith the 19% considered as a 'reservation' for non-reserved category students! At the other extreme, none of the 19 added to the 31 list may be from the non-reserved category, in which case no supernumerary seats are created and reservation works out to be 69% as mandated by the state law.
[edit edit]] Timeline
Tamilnadu Reservations Sourced from a Rediff.com new article[12].
1951 16% Reservation for SC/ST and 25% Reservation for OBCs introduced. Total Reservation Stood at 41% 1971 Sattanathan Commission recommended Introduction of "Creamy Layer" and altering Reservation percentage for Backward Classes to 16% and separate reservation of 17% to Most Backward Classes (MBCs). DMK Government increased OBC reservation to 31% and Reservation for DMK Government SC/ST has been increased to 18%. Total Reservation stood at 49% 1980 ADMK government excludes "Creamy Layer" from OBC reservation benefits. ADMK government Income Limit for availing Reservation benefit has been fixed at Rs 9000 Per Annum. DMK and other Opposition parties protested the decision. Creamy Layer scheme withdrawn and Reservation % for OBC has been increased to 50%. Total Reservation Stood at 68% 1989 Statewide Road Blockade Agitations were launched by Vanniar Sangam (Parent Body of Pattali of Pattali Makkal Katchi) Katchi ) demanding 20% reservations in State Government and 2% Reservations in Central Government exclusively for Vanniyar Caste. DMK Government Split OBC reservations as 2 Parts with 30% for OBC and 20% for MBC. Separate Reservation of 1% introduced for Scheduled Tribes. Total Reservation percentage stood at 69%. 1992 Supreme Court, in Mandal Judgement, reiterated that Reservation percentage cannot exceed 50% and "Creamy Layer" to be excluded from Reservation benefits. 1994 Court instructed Tamil Nadu Government to follow 50% reservations in the case filed by famous lawyer K. M. Vijayan on behalf of VOICE of VOICE Consumer forum.. Anandakrishnan forum Anandakrishnan,, one of the members of Oversight of Oversight committee, committee , and
then Anna University chairman announced that 50% reservation will be followed. His house was attacked. 69% Reservation was included in 9th Schedule. K. M. Vijayan was brutally attacked and maimed while leaving to New Delhi to file case in Supreme Court against inclusion of 69% reservation in 9th Schedule[13] 2006 Supreme Court asked Tamil Nadu Government to exclude Creamy Layer from Reservation benefits. Main articles: 2006 Indian anti-reservat anti-reservation ion protests and Reservation and Reservation policy in Indian Institutes of Technology
May 2006 -August 2006 Anti Reservation Protests intensified in many parts of India. [14][15][16]). Pro reservationists claim protests were intensified by media bias." [17] Tamil Nadu stayed calm. This is attributed to low percentage of Forward castes in Tamil Nadu (13%) as against 36% in India. Alternative systems of Affirmative Action proposed by academics Prof. Purushottam Agrawal of the Jawaharlal the Jawaharlal Nehru University in the form of the Multiple Index Related Affirmative Action (MIRAA ( MIRAA)) http://www.sabrang.com/cc/archive/2006/june06/report3.html and by Prof. Satish Deshpande and Dr. Yogendra Yadav of the Centre for the Study of Developing Societies http://www.hindu.com/2006/05/22/stories/2006052202261100.htm Dr. Sam Pitroda, Pitroda, Chairperson of the National Knowledge Commission [an advisory body instituted by Prime Minister Manmohan Singh] came out in opposition to the proposed scheme to extend caste-based reservations to OBCs in institutes of Higher Education ( http://www.indiadaily.org/entry/sampitroda-review-quota-policy/)) pitroda-review-quota-policy/ Dr. Pratab Bhanu Mehta, member-convener of the National Knowledge Commission resigns from his post in protest against the policy of reservations [Dr. Mehta's open letter of resignation http://www.indianexpress.com/story/4916.html]. http://www.indianexpress.com/story/4916.html ]. Indian Prime Minister appoints Oversight committee headed by former chief minister of Karnataka M. Veerappa Moily to suggest ways for implementation of reservations for Other Backward Classes and to suggest measures for increasing seats in educational institutions.
Oversight committee submits interim report and suggests phased implementation of reservations in central educational institutions for other backward classes.[6] classes.[6] OBC reservation bill introduced in the Lok Sabha and referred to standing committee. It has not excluded creamy layer (rich and affluent amongst the other backward classes) from enjoying reservation benefits per supreme court judgement.[7] judgement.[7] Supreme court referred inclusion of 69% reservation in Tamil Nadu in 9th schedule to 9 member bench September 2006-2007 Supreme court advised Tamil Nadu to exclude creamy layer among Backward classes from enjoying reservation facilities.[8] facilities.[8] Supreme court observed that central Government is trying to introduce quota without adequate data. Oversight committee submits final report. Supreme court upheld constitutional amendment for providing reservations in promotions for Scheduled castes and Tribes. It reiterated 50% limit and exclusion of Creamy layer from enjoying reservation benefits. [9] Parliamentary standing committee recommended preference for non creamy layer (Poor among backwards) among backward classes from enjoying reservation benefits and comprehensive population survey to identify real backward people.[10] people.[10] Sachar committee submitted its report regarding backwardness of Indian Muslims. It made many recommendations for uplifting Indian Muslims. It indicated that current enrollment in educational institutions of non Muslim OBC's is almost equal to/close to their population. It also recommended alternative methodfor identifying real needy people.[11] people. [11] Union cabinet meeting rejected Parliamentary standing committee recommendations and decided to bring reservations bill by including creamy layer (Super rich) among other backward classes. Parliament passed OBC Reservations bill through voice vote.[12] vote. [12] AIIMS doctors started indefinite hunger strike protesting against reservations law. [13]
April 2008
On 10 April 2008, the Supreme Court of India upheld the law that provides for 27% reservation for Other Backward Castes (OBCs) in educational institutions supported by the Central government, while ruling that the creamy layer among the OBCs should be excluded from the quota. [18][19] Feb 2009 Mylapore constituency MLA S V Sekar demands 7% reservation for Brahmins. As of today, Brahmins are a forward community in TN.
[edit edit]] Population data Main articles: Scheduled Castes and Tribes, Tribes , Other Backward Classes, Classes , and Forward and Forward Castes
**NFHS Survey estimated only Hindu OBC population.Total OBC population derived by assuming Muslim OBC population in same proportion as Hindu OBC population ) SC/ST Only SC/ST population details are collected in Indian census. The SC/ST population is 24.4%. [20] 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.[21].These surveys are considered as large by Oversight co mmittee in its final report and by Dr. Yogendra Yadav. Oversight committee has used these surveys extensively in its final report. [14] State population of backward classes in NSS 99-00 can be found in other section of this article.
NSS 99-00
[edit edit]] Arguments There are several arguments provided both in support and in opposition to reservation. Some of the arguments on either side are often disputed by the other, while others are ag reed upon by both sides, with a possible third solution proposed to a ccommodate both parties.
[edit edit]] Arguments offered by supporters of reservation •
Reservations are a political necessity in India because vast influential sections of voting population see reservations as beneficial to themselves. All
governments have supported maintaining and/or increasing reservations. Reservations are legal and binding. As shown by Gujjar agitations (Rajasthan, 2007-2008), increasing reservations is also essential for peacekeeping in India. •
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Although Reservation schemes do undermine the quality of education but still affirmative Action schemes are in place in many countries including USA USA,, South Africa, Africa, Malaysia Malaysia,, Brazil etc. It was researched in Harvard University that Affirmative Action programmes are beneficial to the under-privileged. [22] The studies said that Blacks who enter elite institutions with lower test scores and grades than those of whites achieve notable success after graduation. They earn advanced degrees at rates identical to those of their white classmates. They are even slightly more likely than whites from the same institutions to obtain professional degrees in law, business and medicine. They become more active than their white classmates in civic and community activities. [23] Although Reservation schemes do undermine the quality of education but still Affirmative Action has helped many - if not everyone from under-privileged and/or under-represented communities to grow and occupy top positions in the world's leading industries. (See the Section on Tamil Nadu) Reservation in education is not THE solution, it is just one of the many solutions. Reservations is a means to increase representation of hitherto underrepresented caste groups and thereby improve diversity on campus. Although Reservation schemes do undermine the quality of education but still they are needed to provide social justice to the most marginalized and underprivileged is our duty and their human right. Reservation will really help these marginalized people to lead successful lives, thus eliminating castebased discrimination which is still widely prevalent in India especially in the rural areas. (about 60% of Indian population stays in Villages) Anti-reservationists have made a gross mix-up between brain-drain and reservation. Brain-drain is mainly attributed to the "want" to become more rich very fast. Even if we assume that reservation could be a fraction of the cause, one must understand that brain-drain is a concept which is meaningless without nationalism, which is separatism from humankind as a whole. If people leave the country whining about reservation, they don't have enough nationalism and brain-drain does not apply to them. There concerns among anti-reservationists about meritrocracy and aptly so. But meritrocracy is meaningless without equality. First all people must be brought to the same level, whether it elevates a section or delevels another, regardless of merit. After that, we can talk about merit. Forward pople have never known to go backward due to reservations or lack of "meritrocracy". Reservations have only slowed down the process of "Forward becoming more richer and backward becoming more poorer". In China, people are equal by birth. In Japan, everyone is highly qualified, so a qualified man finishes his work fast and comes for labour work for which one gets paid more. So, instead of whining about reservation, the forward people must be at least happy with the fact that they are white-collared throughout their life.
[edit edit]] Arguments offered by anti-reservationists
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Caste Based Reservation only perpetuate the notion of caste in society, rather than weakening it as a factor of social consideration, as envisaged by the constitution. Reservation is a tool to meet narrow political ends. Allocating quotas is a form of discrimination of discrimination which is contrary to the right to equality.. equality The policy of reservation has never been subject to a widespread social or political audit. Before extending reservation to more groups, the entire policy needs to be properly examined, and its benefits over a span of nearly 60 years have to be gauged. Poor people from "forward castes" do not have any social or economical advantage over rich people from backward caste. Many cite the Mandal Commission report while supporting the idea of reservations. According to the Mandal commission, 52% of the Indians belong to OBC category, whle according to National Sample Survey 1999-2000, this figure is only 36% (32% excluding Muslim OBCs)[24]. This policy of the government has already caused increase in brain drain [15] and may aggravate further. Under graduates and graduates will start moving to foreign universities for higher education.
[edit edit]] Other notable suggestions The following policy changes have been b een suggested in order to find a solution to the problem. Some of these suggestions which transcend the pro- and anti-reservations debate have been analysed in Tarunabh Khaitan, ‘Transcending Reservations – A Paradigm Shift in the Debate on Equality’ Economic and Political Weekly (20 September 2008) 8. 8.[25] Suggestions by Sachar Committee •
Sachar Committee which has studied the backwardness of Indian Muslims have recommended following scheme for identifying real backward and needy people.[16] people.[16] Marks based on Merit : 60 Marks based on Household Income (Irrespective (Irrespective of caste) caste) : 13 Marks based on District in which person studied(Rural/Urban & Region : 13 Marks based on Family occupation occupation and caste : 14 Total Marks : 100
The Sachar Committee has also indicated that OBC Hindus presence in educational institutions is almost equal to/close to their population.[17] population.[17].. Indian Human Resources Minister has immediately appointed a committee to study the Sachar Committee recommendations on Indian Muslims but did not offer any comments regarding the other suggestions. The anomaly that has been detected in this formula is that there can arise situations in which even the first ranker can be denied admission /appointment,which is clearly against the principles of natural justice Suggestion by Centre for the Study of Developing Societies
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It has been suggested that although caste is an important factor of exclusion at work in Indian society, other factors such as gender, economic conditions, geographical disparities and kind of schooling received cannot be altogether ignored. For example, a child studying in a village or municipal school does not enjoy the same status in society as another who has studied in an elite public school, caste notwithstanding. Some academics have argued that a better system of Affirmative Action would be one which seeks to address all the factors of exclusion at work in society which restrict a person's competitive abilities. Notable contributions in this regard have been made by Professor Purushottam Agrawal of the Jawaharlal Nehru University in the form of the Multiple Index Related Affirmative Action [MIRAA] system (see here: http://www.sabrang.com/cc/archive/2006/june06/report3.html)) and by Dr. http://www.sabrang.com/cc/archive/2006/june06/report3.html Yogendra Yadav and Dr. Satish Deshpande of the Centre for the Study Developing Societies [CSDS].
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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 IITs). ). Government should announce long term plan to phase out reservations. Government should promote inter-caste marriages [26] in big way abolition of caste system as initiated by Tamil Nadu. [28]
[27]
for
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. •
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Reservations should be based on economic status instead of caste-basedreservations (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.
[edit edit]] See also •
Dhangar Scheduled tribe issue
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Nationalization
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Socialism
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Caste politics in India
[edit edit]] References 1. ^ de Zwart, The Logic of Affirmative Action: Caste, Class and Quotas in India, Acta Sociologica 2000; 43; 235
2. ^ [1] 3. ^ [2] 4. ^ a b Constitution of India 5. ^ a b Bhattacharya, Amit. ""Who " "Who are the OBCs?"". OBCs?" ". http://www.theotherindia.org/caste/who-arehttp://www.theotherindia.org/c aste/who-are-the-obcs.html the-obcs.html.. Retrieved 2006-04-19. Times of India, April 8, 2006.
6. ^ a b Ramaiah, A (6 June, 1992). "Identifying " Identifying Other Backward Classes" Classes " (PDF). Economic and Political Weekly. pp. 1203-1207. http://www.tiss.edu/downloads http://www.tiss .edu/downloads/ppapers/pp1.pdf /ppapers/pp1.pdf . Retrieved 2006-05-27. OBCs ". The Telegraph. April 11, 2008. 7. ^ "New Cutoff for OBCs". http://www.telegraphindia.com/1080411/jsp/frontpag http://www.telegraphindia. com/1080411/jsp/frontpage/story_9123781.jsp e/story_9123781.jsp.. Retrieved 2008-04-11.
8. ^ www.savebrandindia.org IndianExpress.com ss.com :: Court, quota and cream 9. ^ IndianExpre
10. ^ Supreme Court Judgement Ashoka Kumar Thakur vs. Union of India 11. ^ a b Viswanathan, Viswanathan, S. (2007-11-16). "A " A step forward". forward ". Frontline 24 (22). http://www.hinduonnet.com/thehindu http://www.hind uonnet.com/thehindu/fline/fl2422/stories /fline/fl2422/stories/20071116502203400.htm /20071116502203400.htm.. .
12. ^ Evaluating Tamil Nadu's 69% quota 13. ^ http://www.indeconomist.com/15thsep06p1_4.htm 14. ^ Anti-quota protests spread 15. ^ Nationwide anti-quota stir continues 16. ^ "Doc's hunger strike enters 10th day". day ". CNN-IBN CNN-IBN,, Global Broadcast News. 23 May 2006. http://www.ibnl http://www.ibnlive.com/news/doc ive.com/news/docs-hunger-strike s-hunger-strike-enters-10th-da -enters-10th-day/11201y/112013.html.. Retrieved 2006-05-27. 3.html
17. ^ The Hindu : Opinion / Leader Page Articles : Caste matters in the Indian media 18. ^ SC upholds OBC quota, keeps creamy layer out 19. ^ Supreme Court okays quotas in IIMs, IITs 20. ^ "Population Population". ". Registrar General & Census Commissioner, India. http://www.censusindia.gov. http://www.cen susindia.gov.in/census_online in/census_online/population.html /population.html.. Retrieved 2006-05-27.
21. ^ "36% population is OBC, not 52%". 52% ". South Asian Free Media Association. 8 May, 2006. http://www.southa http://www.southasianmedia. sianmedia.net/cnn.cfm?id=292238&ca net/cnn.cfm?id=292238&category=Social tegory=Social %20Sectors&Country=INDIA.. Retrieved 2006-05-27. %20Sectors&Country=INDIA
22. ^ Information on U-M Admissions Lawsuits 23. ^ Study of Affirmative Action at Top Schools Cites Far-Reac Far-Reaching hing Benefits
24. ^ Quota: Just how many OBCs are there? ‘Transcending Reservations – A Paradigm Shift in the Debate on 25. ^ Tarunabh Khaitan, ‘Transcending Equality’ Economic and Political Weekly (20 September 2008) 8
26. ^ Statistica Statisticall Hand Book - Social Welfare 27. ^ The Hindu : Tamil Nadu / Tirunelveli News : Assistance distributed 28. ^ The Hindu : Tamil Nadu / Tuticorin News : Welfare assistance distributed
[edit edit]] External links •
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Why reservation for OBCs is a must. By V. B. Rawat The Myth of Inefficiency. By Sheetal Sharma Radical Notes - Common School System and the Future of India. Anil Sadgopal. (28 Feb 2008)(On 2008) (On Right to Education) Radical Notes - Beyond the Judiciary - Reservation as Reparation. Saswat Pattanayak (19 April 2007) Critics slam India's education quotas - BBC Article on Reverse Discrimination in the Indian Reservation System
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Anti Reservation official website, AntiReservation.Com
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Supreme Court Upholds 27% OBC Quota
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Reservations: Towards a larger perspective
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Anti Reservation Protest
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Computing Backward Index
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Reservation as viewed by Indian industry
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Southern record - Frontline
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Reservation policy forum article
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Examining reservation
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Reservation must for a healthy society
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Multiple Index Related Affirmative Action (An Alternative Proposal)
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Reservation as viewed by a backward class proponent
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Questioning Reservation
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Reservations as viewed by one OBC faculty member
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An Alternative Suggestion
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Reservations have worked in Southern States
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UP introduces voluntary reservation in private sector
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Home page > Human Rights > India: Price of Honour - Caste Panchayats as Instruments of (...)
India: Price of Honour - Caste Panchayats as Instruments of Terror Thursday 15 April 2004, by Brinda Karat
The Times of India, 14 April 2004 Geeta, a young Rajput woman who married a man from a Jat Sikh community in Hoshiarpur district of Punjab, lives in daily terror. Her husband Jasveer was killed by a group of her community two months after the marriage, his arm chopped off and thrown into his home as a gruesome message that caste-defined lakshman rekhas are not to be broken. But at least she survives. There is an increasing number of "missing girls" in villages in north India, their deaths unreported, killed often by male relatives or by members of her caste; their crime, like Geeta’s, being their relationship with a man from a lower caste. Ironically, such violence is described as honour violence or killings. In this view of "honour", the caste honour is vested in the chastity ch astity of a woman. If she transgresses caste-dictated norms in the expression of her sexuality she shames the entire community. To restore honour, the transgressor and her partner have to be punished. Central to such violence is the subordinate position of women. Strikingly, cases of barbaric violence by families or communities take place among sections of the rural elite. Clearly, a higher economic, educational or social status has no automatic linkage with enlightened or democratic de mocratic practices. This also raises a question on current perceptions of "development" and "growth" that leave untouched and, indeed, often give added strength to retrograde practices. There are no official statistics on the number of c ases of violence against young people peop le who choose their own partners in opposition to the wishes of their families/caste or religious community. But information gathered by the All India Democratic Women’s Association (AIDWA) shows a definite increase in states like Haryana, Punjab, Uttar Pradesh. In addition, in the last few years the spread of the politics of religious intolerance has been reflected in violence against own choice marriages when the couples belong to different religious communities. In other states, although opposition may not take extreme forms, the couple faces victimisation at different levels. In Muzaffarnagar district of UP, notorious for such violence, two young persons were, on an average, killed every month for inter-caste relationships in the first six months of 2003 and 35 couples were declared "missing". It is estimated that around 1 0 per cent of all murders in Punjab and Haryana are ‘honour’ crimes. The violence includes public lynching of the couple, stripping and parading of the girl in the village, revenge rape and other forms of violence. Those who support the couple could also face punishment. In many cases, the sentence of punishment is given and executed by caste panchayats. These are all-male groups of self-proclaimed guardians of caste interests and ‘honour’ which have the support of the richer sections and enjoy political po litical patronage. The most powerful of these caste panchayats are those of the upper and middle caste landowning sections. The caste panchayats function as a parallel judicial structure and elected panchayats are either subordinated to or coopted by them. It is through these caste c aste panchayats that the most regressive social views are
sought to be implemented. For example, opposition to co-educational schools, divorce and widow remarriage and support for dress codes for women. Last year, the Rajasthan State Human Rights Commission found the role of caste panchayats in that state negative enough to file a writ petition in the Jodhpur high court co urt for action against them. The commission had also issued orders against the decisions of caste panchayats, which, though not dealing with cases of honour killings as such, strongly criticised their retrograde interventions and punishments in family or land disputes. It strongly advocated a control on all such decisions of caste panchayats as militated against co nstitutional rights. Dominant political parties in North India have never opposed these barbaric decisions of caste panchayats. pan chayats. The increasing use of caste identity as a tool of mobilisation ensures patronage from dominant political parties in the region to caste pancha yats. At the same time, the police and administration often share the concept of (dis)honour and it is extremely difficult to get a case registered. There have been instances when the police have hunted down the adult couple like criminals, handed them over to the girl’s family where they were killed and their deaths passed off as suicides. The Central government, on its part, has refused to even acknowledge that ’honour’ ’hono ur’ crimes exist. In October 2002, the Indian representative at the UN Social, Humanitarian and Cultural Committee protested sharply against secretary-general Kofi Annan’s report which correctly included India as a country where ’honour’ killings take place. Presumably, the Indian representative was more concerned with saving India’s "hon our" since internationally "honour crimes" are associated with countries like Pakistan and Afghanis-tan. The number of such crimes are certainly higher across the border but, in reality, how different are these savage caste fatwas from the worst excesses of Talibanism? Urgent steps in the political, social and legal spheres are required to defend the right of adults to self-choice relationships and put an end to honour killings. But, clearly, in the Indian context, women’s advance, which must surely include the right over her own body and sexuality, is intrinsically linked to an uprooting of caste structures.
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