A policy of affirmative action has been followed worldwide to build an inclusive society that ensures representation and participation of people from diverse social groups. The State has to ensure the implementation of such policy in a most dignified way in all spheres of socio-economic and socio-political life to reduce inequality.
Worldwide it is understood that a State needs to have a political commitment to ensure basic minimum opportunities that ensure human rights and a dignified living. For historical reasons certain sections of people remain unrepresented and marginalized in areas of governance, employment , education and business which are vital to human development and economic growth.
Globally it is gender, ethnicity, indigenous and minority status, race and caste, especially in south Asia, has been a basis of discrimination which has been attracting affirmative action as a policy for building an inclusive society. There are exceptions such as Malaysia where the son of the soil the majority Malays have reservation to protect them from other ethnic minorities. Brazil has social quotas in universities and workplaces. Colombia has affirmative action for black and afro Colombian communities to encourage their involvement in national affairs. The South Africa has provision to ensure 69 per cent of the workforces at all level should be black South Africans. It has also made an attempt to democratize higher education. Canada, Finland and Germany have made provision for minorities. The Canadian employment equity act gives preferential treatment to women, people with disability, aboriginals and minorities.
Almost all south Asian countries, including India, Nepal, Bangladesh, Bhutan, Afghanistan, Pakistan, Maldives and Sri lanka have been following affirmative actions in different spheres to build inclusiveness in public places. All the south Asian countries have ratified the convention for elimination of all forms of discrimination against women (CEDAW).
In India, we have both horizontal and vertical inequality among social groups as well as among individuals and households in society. The Parliament of India has very poor representation of women as its members. In the 16th lok Sabha elections, it is only 11 per cent of the total seats which is lowest in East Asia and sub-Saharan Africa. The parliamentary seats have been reserved for women in Bangladesh, Pakistan and Nepal. The women reservation bill has been passed in Rajya Sabha with absolute majority in 2010, but still it is pending in lok Sabha. Odisha was formed in 1936 on the basis of language and later other feudal kings joined the modern independent State under the constitutional governance and rule of law. The people of India have resolved to build this country a socialist, secular, democratic republic that ensures equal opportunity for all with dignity which is mentioned in the Preamble of the Constitution.
In line with constitutional mandate, Odisha has adopted affirmative action in form of policy of reservation for SC, ST, OBC and women in areas of governance, job and education. The reservation for SCs and STs is as per their population percentage .The reservation for SC, which includes 93 castes, and ST which include 62 communities, in the State is 16.25 per cent and 22.50 per cent respectively.
In case of reservation in education, it was 20 per cent only and recently, in May, the State Government has increased the percentage to 38. This has been a demand of the SCs and STs for a long time. The State Government has made a list of 209 communities in the State as SEBC and reserved 11.25 per cent of jobs for them besides eual percentage of reservation in education. But the SEBC communities should avail 27 per cent of reservation as per the Act. The States such as Tamil Nadu have 69 per cent reservation. At all India level, OBCs are getting 27 per cent reservation.
Odisha Reservation of Posts and Services for (socially and educationally backward classes) Act 2008 has provision of 27 per cent reservation in State employment but in June 2014, through a resolution it was reduced to 11.25 per cent to limit the total reservation within 50 per cent as per Supreme Court order.
The Odisha Gramapanchyat Act 1964, Odisha Panchyat Samiti Act and Odisha Zilla Parisad Act amended in 2011 have made provision of 50 per cent reservation for women and within women reservation there has been proportionate representation of SC ,ST and OBC women in Zilla Parisad ,Panchyat Samiti and Gram Panchyats .There is also Panchyati Raj extension to scheduled areas (PESA) Act 1996 which ensures tribal representation in scheduled areas which is almost 45 per cent of the total geographical areas of the State.
Arunachala Pradesh, Meghalaya, Nagaland and Mizoram have 80 per cent reservation for STs in State jobs .The North Eastern Hilly University (NEHU) and Rajiv Gandhi University have 60 per cent reservation for STs. The countries like New Zealand have separate electorate for Maoris and there is Sami parliament in Norway for indigenous Sami people. Norway also made provision that all public company boards with more than five members must have at least 40 per cent of women. The UN has ranked Norway as the best place to be a mother out of 179 countries where India ranks at 140.
Though religious minorities, Christians, Muslims, Buddhists and others constitute about 6 per cent of the total population of the State but they have very insignificant presence in governance, job and education. A number of committees and commissions, such as Sachar Committee and Ranganath Mishara Commission, have recommended reservation for religious minorities. The States such as AP and Maharashtra have made attempt for reservation for the minorities and Maratha but it has been challenged in courts.
It has been argued that affirmative action has not impacted over the structural issues though it has only brought changes in the composition at Government educational institutions, workplaces and legislative bodies. It is further said that the policy is benefiting an insignificant few within the marginalized groups and the relatively forward groups are taking more advantage than the poor in the community.
As the case in Odisha, the SCs and STs have still inadequate representation in class one and class two posts while they have proportionate representation in class thee and higher percentage than other social groups in class four posts. The political reservation in State Assembly has ensured proportionate representation of SCs and STs. With a total 147 members, there are 24 SC and 33 ST seats in the State . The policy of reservation has not been implemented by the departments in line with the rules and there have been huge vacancies in reserve posts due to lack of monitoring.
There is provision in the ORV Act 1975 that there should be a standing committee headed by SC and ST development department Minister along five MlAs chosen by the Speaker besides Chief Secretary and Home Secretary. It should have meeting twice in a year to review the implementation process of the provisions under the Act and suggest remedies to the Government to bring improvement.
The reservation policy is being implemented in Government, semi Government and public sector in a limited way. With rapid privatization process and reducing role of State, it has been suggested that reservation should be extended to private sector. It is argued that the private sector have been largely benefited by the State in terms of land, power, minerals and subsidy in many ways.
Mostly many of the industries and mines are coming up in areas largely inhabited by STs, SCs and OBCs who have been facing the burden of displacement, pollution and losing their traditional livelihood. So private sector should adopt affirmative action in their employment policy. Private sector leaders like Tata have been voluntarily making assessment of their own situation in terms of representation of SCs and STs. Studies have pointed out about the non representation of SCs, STs and women in private sector job market which still have a discriminatory employment policy.
(The writer is a researcher and rights activist, who can be mailed at manasbbsr15@gmail.com)