Affirmative Action. (UPSC CSE Mains 2016 - Political Science and International Relations, Paper 1)
- In an unequal society, the marginalized people need the help of the state to fulfil their basic needs. The action of the state to provide such help is known as affirmative action. In India, the marginalized sections of society have faced discrimination of the basis of caste, gender, poverty, etc. The Indian state has introduced affirmative action in the form of reservation to the marginalized groups in the public institutions and through development policies.
Affirmative action policies in India are operative in three main spheres, namely
-
- appointment and promotion in government services,
- admission to public education institutions, and
- seats in the legislature.
There are special protections like Reservations together with other welfare initiatives comprise the heart of affirmative action for these previously disadvantaged groups.
- Reservation is a discriminatory in the positive sense, not in negative sense. That mean purpose of such discrimination to bring at par with unreserved category of people those who need the state’s help. In this sense, reservation is also known as positive discrimination. As reservation is initiated by the state, is also known as affirmative action. The Indian state provides reservation to different categories on different grounds. For the Scheduled Castes (SCs), the principal ground for reservation has been the experience of untouchability undergone by the castes identified as SCs. The Scheduled Tribes get it because of their disabilities faced on account of their geographical locations and other characteristics. The OBCs get it because of their social and educational backwardness. Women get it because of their discrimination due to patriarchal values in society. And Economically Weaker Section get it because of their poor economic statues. They latter generally belong to those communities which cannot get reservation in other categories but need state devices for betterment. They belong to poor persons from the high castes.
- Reservation is granted as per the Articles 15 (4) and 16 (4) of the Constitution. These provisions were outcome of the debated within the Constituent Assembly. The OBCs are entitled for reservation in the central government institutions for jobs and admission to academic institutions after the implementation of Mandal Commission Report in 1993.The OBCs got reservation in different states at different points of time. South Indian states introduced OBC reservations much before the states in north India., For the first time the OBCs, reservation in UP and Bihar was introduced during the non-Congress/Janata Dal governments in the 1970s. Reservation for women in the local self-government institutions was introduced according to the 72nd and 73rd Constitutional Amendments in the 1990s. In 2019, reservation was granted to the Economically Weaker Sections (EWS), the class which belong to the general categories. Reservation to different social groups has contributed to their empowerment to a considerable extent.
- Amartya Sen refers to Indian ancient jurisprudence of Nyaya and Niti while invoking affirmative action as necessary for addressing underdevelopment and deprivation. Niti implies rules, principles and institutions that are meant for ensuring organizational propriety. Nyaya denotes a more comprehensive, realistic and inclusive vision of justice. This is about what is possible to achieve.
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