A Nice Way Of Depicting The Reservation Controversy

Quota not a bonanza for creamy layer
SC Feared Trouble While Staying Reservation
Dhananjay Mahapatra TNN

Gujjars’ demand for a demotion in their social position—from other backward class (OBC) to Schedule Tribe (ST)—first set Rajasthan on fire and later burnt the social fabric to erupt as a full-blown caste war. Their craving for an ST status did not go down well with the Meenas as it feared that it might have to share the fruits of reservations with another group, shrinking its access to government jobs. On the other hand, Gujjars feel that the OBC stable is full of many a caste stallion making it difficult for them to bag as much benefits as the Meenas have done through their ST tag. The Gujjars’ fight for ST status and the Meenas’ fear of having to share the reservation benefit in future led to clashes between the two. The damning consequence of promising castebased reservations in return for votes was not anticipated by the ruling BJP in Rajasthan and not realised by the UPA government, which recently doled out 27% reservation for OBCs, the creamy layer included. It is argued by quota pundits that reservation is a stick for the socially weak to help him learn walking. But, if the stick remains in his hand even after he has learnt to walk, he will use the stick for whacking. The supreme court foresaw this danger while staying implementation of 27% OBC quota in central educational institutions as the government had not done a survey as to who were backward and the basis of their backwardness. Neither had it intended to take the stick away from the creamy layer.

The indications of a possible caste war can be clearly read from the apex court’s interim order of March 29 when it stayed the 27% OBC quota. Following are the extracts from that interim order:

“It has also to be noted that nowhere else in the world do castes, classes or communities queue up for the sake of gaining backward status.’’

“Nowhere else in the world is there competition to assert backwardness and then to claim we are more backward than you.’’

It is a settled legal position that the state is constitutionally empowered to enact affirmative action measures to uplift backward classes. And no one would protest the needy getting reservation. If that is the mindset, why politicise inclusion and noninclusion of castes and classes in the lists of SCs,STs and OBCs, increasingly viewed as bonanza by the creamy layer among the backward communities. In fact, the apex court had warned, “Differentiation or classification for special preference must not be unduly unfair for the persons left out of the favoured groups.’’ This means, the policy of reservation cannot intend to be permanent or perpetuate backwardness at the cost of general category communities.

This Interview Makes Sense

‘Kranti Sena will contest next election’

S Balakrishnan I TNN

Mumbai: The Nationalist Congress Party (NCP) thought that it will be able to marginalise her once she is expelled from the party. But after her expulsion, Shalinitai Patil, an outspoken MLA and former revenue minister, appears to be gaining more support not only in Maharashtra, but even in places like Lucknow and Vadodara where her crusade for reservations solely on economic criterion has evoked a favourable response. She recently defied a police ban on her rally in Sindhudurg by addressing the gathering over her cellphone. On the eve of the winter session of the legislative assembly, she spoke to TOI on her campaign and her political plans.

Excerpts:
Q: Do you plan to float a political party to take on the Congress and the NCP?
A: The Kranti Sena formed by me is a social welfare organisation. But it will certainly be converted into a political party at an appropriate time. We will contest the next assembly elections. Meanwhile, I will continue my campaign against caste-based reservation in government jobs etc and demand that reservation be based exclusively on economic criterion. There should be only two sections in society; those above the poverty line and those below it. And the poorer section should get the benefits of reservation irrespective of their castes. This is a legitimate demand and that is why I am getting a good response wherever I go.

Q: The NCP did well in the recent municipal council elections despite your tirade against it. Does it mean that your campaign has had no impact?
A: The Kranti Sena did not contest these elections. Hence, the people voted for who ever they thought fit. But it will be wrong to say that the NCP performed well in the polls. In fact, it were the “aghadis’’(fronts comprising several parties and independents) who have done well. For example, in Satara, the NCP contested the poll on its symbol in Phaltan only. In all other places it was a part of some “aghadi’’ or other. How can it take credit for the success of these “aghadis?’’

Q: Why are you targeting Babasaheb Ambedkar even though there is a political consensus in his favour?
A: I am not targeting him. In fact, I do not question his high stature. All that I am saying is that there was a written agreement between Mahatma Gandhi and him in which it was stated that reservations will be there for only 10 years after Independence. In fact, if Babasaheb was alive today he himself would have opposed reservations (based on caste). I am only placing these facts before the people. Still my rallies are being banned by the government under pressure from the RPI, which is taking the law into its hands.

Q: Are you raking all these issues now because you were not included in the ministry?
A: Ministership is a mamooli (trivial) thing for me. These days there are many ministers whose names are not known to the people. I am only asking the NCP to implement its election manifesto. During the last elections, it had promised to introduce reservation on economic basis. I am accused of indiscipline even though I am only asking the NCP to implement its own manifesto.

Q: Is not the Kranti Sena itself a casteist organisation speaking for the Maratha community?
A: The Marathas form 45 % of the state’s population and they deserve to be given their due. Also there are backward castes who have not benefited in any way by the reservation policy in the past 60 years. I am actually appealing to all the people to cross the barriers of caste and join hands to fight poverty and backwardness.

Q: The Congress and NCP have a social base among the Marathas. Is this caste getting alienated from these parties because of your campaign?
A: The process of alienation has already begun and in the coming years the break up will be complete. The Marathas feel that they are being taken for granted and that the leaders of the Congress and the NCP are only keen on appeasing the Dalits. If the current trend continues, then in 10 years there will hardly be anyone from the upper castes in high posts in the state.

Quotas not to be implemented until court orders: SC

The whole country, including the court is well aware that the politicians have kicked off the reservation issue only for the benefits of their VOTE BANKS and not for the benefits of the NON-EXISTANT Backward classes.
If only those who are unnecessarily benefiting by terming themselves 'BACKWARD', realise the potential disaster this politics would spell for our country; Then only shall we be able to prevent this vertical split of OUR NATION

Below is an article taken from rediff.com, containing the observations of the Supreme Court on this issue.

The Supreme Court said the policy of reservation, sought to be implemented by the government providing 27 per cent reservation to the Other Backward Classes in admission to educational institutions, should not be enforced until a final decision on the petition challenging the policy was taken by it.
Additional Solicitor General Gopal Subramanium, earlier, told the court that the Bill on the policy was introduced in Parliament on August 24, and has been referred to the Standing Committee as per the procedure and its report was awaited.
Responding to a question on why the implementation of the government's order be stayed until the final decision of the court, the ASG said, "The matter, at present, is in the domain of Parliament and is likely to be debated in both the Houses during the forthcoming winter session."

A Divison Bench comprising Justice Arijit Pasayat and Justice Lokeshwar Singh Panta asked the government, "You announce the policy without having the complete data. Your counter-affidavit is also silent on the issue of exclusion of the creamy layer from the policy of reservation. You played a game first and frame rules thereafter."
They also directed the government to place in a 'sealed cover' a copy of the report of the Standing Committee before the court.
The apex court also refused to pass any order on an application filed by SC/ST Students Forum, seeking initiation of contempt of court proceedings against them opposing the reservation policy.

They had gone on strike on several occasions even after the directions of the court on May 31, opposing any form of protest.
The court directed that the application will be considered only with the main matter coming up for hearing on December 4.

It also posted another application filed by Dr M M Mittal, pleading that none of the political party was genuinely interested in the welfare of the downtrodden in the country, for hearing along with the main matter.

The court granted more time to the government to file a counter-petition, challenging the Constitutional validity of Article 93 (5), which enables the government to provide reservation to socially, economically and educationally backward sections in the educational institutions and employment.
Petitioner Shiv Khera would file his rejoinder thereafter.

Another Boost for EQUALITY

From the article below, it is clear that the SC too finds the government playing politics at the cost of the future of our country.

What is left to be seen is what prevails - JUSTICE or POLITICS

SC makes mincemeat of govt on quota policy

Dhananjay Mahapatra TNN

New Delhi: In what can re-ignite the passionate debate on the about-to-be introduced OBC quota in central educational institutions, the supreme court on Monday censured the government for rushing ahead with the exercise without bothering to collect elementary data.

The court also faulted the government for retaining the “creamy layer’’ within the quota ambit in apparent disregard of the spirit of the constitution bench judgment in the Indira Sawhney case. In fact, so unhappy did the court seem with the government that at one point of time during the hearing, it almost strayed on to the turf of the legislature by requesting parliament not to proceed with the Central Educational Institutions (Reservation in Admissions) Bill, 2006. The bill, which is currently with parliament’s standing committee, needs to be enacted for the implementation of the OBC quota. The court relented only when additional solicitor general Gopal Subramanian promised to keep it informed, averting the prospect of conflict with the turf-conscious legislature. An alert ASG said, “We will report back to the court on each and every development and will provide all information that is asked for, but the last sentence of the order need not be put in the order sheet.’’

The Next Partition of India (article from rediff.com)

The die is cast. Manmohan Singh's government has announced that the legislation to reserve additional 27 per cent seats in higher educational institutions will be introduced in the monsoon session of Parliament. This is the beginning of India's second partition, which follows the one that took place 59 years ago. That one was geographical; this one will go right through every town and city.

In the current dispensation the Indian government sits on top of the management like a colonial overlord. Teachers, students or the community are not consulted about the administration or future plans. The minister says, do this, have so many more students -- no matter what their preparation --- and the serfs, that is the professors, must deliver. It doesn't matter that the IITs are already short by 20 to 30 per cent in their teaching staff.
Indian liberals claim that such curtailment of freedom is necessary for social good. But liberal values contain elements that can endanger liberty and progress. Morality gets sacrificed at the altar of electoral politics.

Fifteen years ago near financial bankruptcy compelled the Indian State to loosen License Raj in the economic field. Strangely, as the world transitions into a knowledge economy in which learning and training will have the highest value, the Indian State has come back with vengeance to expand License Raj in the field of education.

Nothing is forever. The great centres of learning in India before independence -- like the universities in Allahabad, Calcutta, Madras, Delhi and Bombay that produced some of the world's leading scholars of the first half of the 20th century -- are pale shadows of their old selves. One would expect that the IITs, IIMs, and AIIMS would also soon slide into mediocrity.
Perhaps the Indian elite are not particularly worried about all this. They don't need excellent institutions in India as much as they did twenty years ago. The world has become a village, and the rich will adjust by sending their children to colleges overseas in Europe, America, Australia, or Singapore.

The idea of partition is like the word 'divorce' in a marriage. Once it is out of the mouth, it can set forces in motion that make it unstoppable. One would expect that since the UPA government has now made an official statement about the quota legislation, it will come to pass sooner or later. Let Us remember that a year before the first partition, Gandhi announced that the 'partition will have to be over his dead body.' The government assumes that the opponents of the new partition will, like Gandhi, eventually learn to live with it.

It is obvious that since the principle has been conceded, there will be an attempt to expand reservations in private companies and then to expand them further based on religion.
Meanwhile, students who are agitating against the reservations and call themselves Youth for Equality have announced that their strike will continue. But the powers of the government are so vast that it is hard to see how the students who seek equality and autonomy will win.
It seems such an unequal struggle: the cold apparatus of the government on the one hand, and the passion of the students on the other. The students appear to echo the words of the Hindi poet, Ramdhari Singh Dinkar:

Man ki bandhi umange asahaaya jal rahi hainArmaan aarazoo ki laashen nikal rahi haininake liye kahin se nirbheek tej laa depighale hue anala kaa inako amrit pilaa de
(Our mental aspirations are burningdesires and wishes have become deadlet the light of fearlessness be broughtlet us drink the nectar of molten fire)

The students are already in; they are obviously fighting for principles and for morality. The agitating doctors in India are crying out for something much more than just the reservation of seats in colleges. They are fighting against the impending partitioning of India's soul.

No quotas please, says this OBC

B.S. Baviskar (senior fellow, Institute of Social Sciences, New Delhi)

(This article has been taken from the Indian Express and is reproduced here for the benefits of the citizens of India)

I am an OBC. I belong to the caste in Maharashtra called the Malis. The great social reformer, Mahatma Jotiba Phule, was a Mali. He advocated the abolition of the caste system, but never asked for reservations for the so-called backward classes.

I studied in a village primary school and then joined a high school in a small Maharashtra town. Then I went to Fergusson College, Pune, for my degree. Finally, I did my post-graduate studies, including a PhD, at the Delhi School of Economics. I then taught sociology for 32 years at Delhi University. I was never conscious of my identity as an OBC, because none of my classmates, teachers and colleagues ever bothered about my caste. I was never unfairly treated because of my caste.

It was the deliberations of the Mandal Commission during the late ’70s which first made me aware of my OBC identity. As a part of his inquiry its chairman, B.P. Mandal, called a meeting of social scientists to discuss the main task before the Commission: improving the condition of the OBCs. I was present at the meeting. The question boiled down to what should be the criteria to identify the backward sections to provide benefits and concessions through reservation. Should caste be the only criterion, or should the economic criterion also be used? It was clear from Mandal’s initial statement that he favoured caste as the criterion. There were more than 60 social scientists (mainly sociologists and social anthropologists) at the meeting. A majority of them favoured caste as the best option. I was one of the very few who opposed this view.
I said that the proposal to treat caste as the basis of backwardness goes against the spirit of our Constitution, which aims at building a cohesive society beyond caste distinctions. Making caste the criterion of backwardness would only sharpen the rivalries and promote conflict in society. The reservations were justified in the case of SCs/STs because of the long history of their exploitation and oppression, but this was not applicable to the OBCs. Let’s not take steps which will perpetuate caste distinctions that will engender conflict, I said.
There was a total silence for a few moments. Then one participant stood up to oppose what I said. “These upper-caste people don’t like the other castes to come forward; we should ignore what they say,” he said. He presumed I was a Brahmin and my views were based on my caste. A senior colleague clarified that I was not a Brahmin or an upper caste person. That I was, in fact, from an OBC community, who stood to benefit if caste became the criterion of backwardness. After that I did not have to say anything in my defence. As expected, the Mandal Commission decided in favour of caste.

Over the years, I have reflected on this issue and stuck to my original opinion. The proposed 27 per cent quota for the OBC castes is going to be harmful to our society. Worse, it is not going to benefit the genuinely needy and deserving backward castes. The way in which the OBC quotas are being implemented in some states is nothing short of a fraud. In most states the dominant castes have manipulated the system to hijack the benefits for themselves. How can one justify the Jats being included among OBCs ? They are substantial landowners, wealthy, politically powerful, and not backward.
Similarly, the Marathas in Maharashtra have cleverly included themselves in the OBC category by playing with the Kunabi-Maratha dichotomy. In the thirties, the Kunabis of western Maharashtra gave up Kunabi identity and claimed to be Marathas, which denoted a higher social status. Under the Mandal scheme, the Kunabis are listed as OBC but not the Marathas. Now all Marathas are claiming to be Kunabis to derive the benefits of quotas. The Marathas have outwitted the Mandal Commission. They have the best of both the worlds — the benefits of backwardness as well as dominance. There are many such cases in other states. The advocates of OBC quota, however, never mention these blatant anomalies, nor do they take seriously the issue of ‘creamy layer’.

Everyone knows that our politicians are supporting OBC quotas not because they care for the well-being of OBCs but because they expect electoral gains through this gimmick. However, as in the case of V.P. Singh, they are in for disappointment. They are not likely to get the votes they expect. You cannot fool the people all the time.

Why The Health Minister A. Ramadoss Has To Be Kicked Off?

(source: www.ibnlive.com Edited to relevance by: Cliff)

Many say A. Ramadoss, the Health Minister is destroying AIIMS. He neglects key areas like HIV AIDS, preferring to spend his energies on banning of smoking and restructuring AIIMS.

Here is a health check on the Health Minister:•
The polio cases, within limits spiraled out of control in 2006. The deadline for eradication has been pushed back to 2010 forcing the Government to pump in an extra Rs 10,000 crore pumped in.
• 2005 saw a fourfold increase in Japanese Encephalitis. Cases shot up from over 2000 to over 8000 in one year. The ministry's response was inadequate.
• India's been put on the AIDS world map and how the Latest UNAIDS report say India tops the world with 5.7 million AIDS cases.
AIDS NGO director Dr C Thangsing says, “The AIDS treatment services come in little bit too late. Work is bit slow and also it could have been better by involving a lot of non-governmental organizations.”
Criticism of the union health ministry has come in from the Government itself. Parliament's Standing Committee on health says the ministry is clearly to blame for some of its decisions.
For the first time the World Bank withheld funds for six projects after a major fraud was detected forcing the ministry to seek a CBI investigation.
Critics say Ramadoss needless focused on unnecessary issues like banning smoking in films. His predecessors are extremely critical of his tenure.
Former health minister C P Thakur says, “Performance of the present health ministry is not satisfactory in all the fields. Polio cases are on increasing in UP and Bihar.”
Be it the increasing number of AIDS cases, to his stand on the reservation issue, the Health Minister hasn't really endeared himself to the medical fraternity.
Now, his latest plot has been the sacking of Dr Venugopal. Instead of attacking various diseases and eradicating them, this man is after humans, that too people of the calibre of Dr Venugopal.

Hence the title is justified – The Health Minister A. Ramadoss Has To Be Kicked Off.

(Kindly leave behind any suggestions / objections on this topic)