Affirmative action is a global phenomenon being practiced in many democratic countries of the world to address discriminations in representation based on religion, ethnicity, gender, minority status, race and caste. Many countries including India have adopted policy of reservation to strengthen inclusive democracy through balanced representation. Reservation is provided to SCs, STs and OBCs at the rate of 15 per cent, 7.5 per cent and 27per cent respectively, in case of direct recruitment on all India basis.
It is understood that affirmative State intervention in form of reservation of seats in educational institutions, Government jobs, local self-governance, and special economic development programmmes is key to development of backward classes but BCs/OBCs/SEBCs in States such as Odisha are historically neglected because of continued political apathy and lack of backward class movements in the State.
Though reservation for backward classes started from the year 1993 by the Centre but before that it has been implemented by States such as AP, Karnataka, Kerala, Tamil Nadu, Bihar, UP, Maharashtra and Jammu and Kashmir.
The history of reservation in pre independent India dates back to 1902 when it was started by Maharaja of Kolhapur, 1921 by Maharaja of Mysore and in Madras presidency, 1931 by Bombay presidency, and 1935 in Travancore. It was primarily targeted to bring balance representation of different caste groups in education and public governance and arrest the hegemonic dominance of a few dominant castes.
Dr BR Ambedkar’s advocacy for SCs made provision of reservation by British in August 1943 and later for both SCs and STs in independent India in post and services, educational institutions and political reservation in lok Sabha and State Assemblies as reparation to Poona Pact of 1932 between MK Gandhi and Dr BR Ambedkar. There was demand for separate settlement, separate electorate and representation as per population. The political reservation was only for ten years, but there was no time limit for reservation in jobs and
education.
The Constitution of Independent India has made provisions of reservation for SCs and STs and BCs but the reservation for BCs got implemented by the Centre in 1990.
The history of reservation for BCs rooted in Article 340, 15 and 16 of the Constitution of India and the process started in 1953 with appointment of first Backward Classes Commission under chairmanship of Kaka Kalelkar, Member, Rajya Sabha from 1952 to 1964, to identify castes or communities in the country and to prepare a list of such backward communities for the whole of India along with examining the difficulties and for recommendation of steps. The report was submitted in 1955. The four criteria to identify the BCs were considered on the basis of low social position in the traditional caste hierarchy of Hindu society, lack of education, and inadequate representation in Government services, trade, commerce and industry. But it was unsuccessful in moving further with controversies of criteria of identification. The identification of caste and communities and their correct population has been controversial in the absence of census.
The Government of India appointed a five- member second Backward Class Commission under the chairmanship of BP Mandal, Member, lok Sabha from Bihar in 1979 when Morarji Desai was Prime Minister and the commission submitted its report in 1980. The criteria adopted by the commission were social, educational and economic. The recommendation of the commission recommended reservation for BCs in Central Government jobs, educational institutions along with a set of affirmative relaxation policy similar to SCs and STs. The recommendation was adopted after ten years by the then VP Singh Government with 27 per cent of reservation but it was challenged as unconstitutional and cleared by a nine- member constitutional bench of the Supreme Court. However, along with the Centre, almost all States have been implementing the OBC reservation. Some States such as Tamila Nadu have been performing well because of political movements.
The State of Tamil Nadu has 50 per cent reservation for BCs, out of total 69 per cent, which includes 26.5 per cent for BCs, 3.5 per cent for backward class Muslims, and 20 per cent for most backward classes.
The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in educational institutions and of appointments or posts in the services under the state) Act 1993, enjoys protection of 9th schedule 257, A, inserted under constitutional 76th Amendment Act 1994 with effect from August 31, 1994.
The States and UTs of Arunachal Pradesh, Tripura, Meghalaya, Mizoram, Nagaland, and lakshadweep have no reservation for BCs because they have no such population.
The Government of Odisha has enacted Odisha State Commission for Backward Classes Act 1993 and has implemented reservation for OBCs in late just after 40 years of independence with very less percentage in comparison to other States though OBC constitute a major portion of the population and continue to remain backward in many respect of social, educational and economic development along with political representation. There are more than 209 communities identified as SEBC in the State which are traditionally resources less and socially treated as lower in caste hierarchy as higher than untouchables.
The Government of Odisha has made legislation for 27 per cent reservation in job and educational institutions but later reduced it to 11.25per cent because of the compulsion of 50per cent criteria imposed by the Supreme Court. But it is good that it has introduced reservation for SEBC local self-governance which has been ensuring participation of backward class men and women in grassroots governance.
The Odisha Backward Class Finance Development Cooperative Corporation ltd setup in the State has no proper scheme or allocation. It has been suggested that the State Government should allocate adequate finance and develop special schemes for the economic development of the backward classes of the State in the areas of skill and entrepreneurship development, encourage trade, business and self-employment of youths and women in rural villages. The landless sharecroppers and small and marginal farmers must be supported with land and credit for sustainable agriculture development to boost production and employment. They must be allowed with equal stake over resources, land, water, forest and financial resources of the State.
The students must be encouraged with scholarship for higher and technical education. The scope of reservation must be extended to private sector, business, trade and commerce for inclusive economic development. There must be a separate backward class development department with a dedicated minister and adequate resource allocation to plan, monitor and promote accountability for the development of SEBCs in the State.
It is important to note that the sub categorization of reservation for BCs have been followed in many States such as Bihar, Tamil Nadu, AP, and Karnataka etc. to help the most backward communities within BCs and ensure equity which must be followed by Odisha to ensure the inclusion of the most backward communities. The issue was raised by lR Naik, a former MP and Dalit member of the Mandal Commission, in support of most backward among OBCs as land owning OBCs are more powerful than others. The most backward classes whose marginalisation has been more visible must have protection from the dominance of powerful BCs to avoid unequal competitions as the true spirit of social justice must prevail in the path of equality.
It has been experienced in the last 60 years that reservation policy serves as an instrument of building inclusion, distributing public opportunities, and sharing responsibility of nation building based on values of democracy, liberty, equality and fraternity. It has been helping to bring different castes to work together for common goal and contributing to strengthen fraternity as fellow citizens of the country. It has contributed to abolish caste based occupations, caste based discrimination in public places through social mobility of different castes and most importantly created equal opportunity in matter of public education, employment and governance. Reservation has not affected the quality rather it has been proved that States having reservation for a long time have made success in education, administration and governance. All southern States are the best examples in this regard.
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