How to make Reservation Policy a success?

Reservation Policy is a very sensitive issue. From its very nature, the policy is discriminatory and exclusive. To some, this discrimination is positive and to others, negative.

The main aim of the reservation policy is to uplift the submerged sections of society. How to make reservation policy fruitful?

How to make Policy successful?

For assessing the relevance, rationale and value of a policy and making it a success, the following two aspects need attention of authorities: -

Ø Proper Policy analysis, and

Ø Management of the Policy.

The first part takes care of the theoretical and ideological side of it and the second, the practical side of it.

Negative aspects of the policy

There is a section of people, which regards that there is something fundamentally wrong with the Reservation Policy, which basically rests on the philosophy of discrimination. In the name of social justice, the fundamental rights of many deserving people are curtailed or negated.

It benefits only a small fragment and increases the number of those, who are desirous to find an easier way-out. This policy is contrary to principles of equality, fraternity and social justice. It empowers the state authorities to give preference to one or more groups in the society to the exclusion of others and to encroach on the domain of the right to equality.

Success of the policy

Rejinald Wilson, a senior Scholar of American Council on Education, says, “Affirmative Action is a very conservative artificial policy that has attempted to change gradually our artificial policies, legal and illegal, of discrimination and racism. It has aroused such emotion due to what it symbolizes rather than what it really has done.”

The success of the policy depends on policy articulation, building national support in its favor, development of a strategy of implementation, creating a proper structure for its implementation, monitoring, review and modification. For effective management of Reservation Policy, the following requirements are needed:

• Skilled executives,
• Effective information system,
• Building effective public support by popularizing it,
• Highly responsible and accountable organization-structure,
• Culture of innovation rather than rigidity or arbitrariness,
• Effective management of organization spearheading the policy, and,
• Effective networking to reach policy objectives.

Reservation policy to be handled carefully

Reservation policy, being a very sensitive issue, should be implemented very carefully and cautiously as a corrective or remedial measure to remove the ill effects of the iniquitous social system. A hasty and unrealistic approach in this matter may prove a disaster.

The practice of preferential treatment, for uplifting the downtrodden is hardly conceivable to hard-working qualified people. Therefore, benefit of reservation should be given to anyone after careful study of the factual position. All possible attempts should be made to protect it from whims or illusions of politicians having vested interest.

The policy-makers should keep the following aspects in view while formulating the reservation policy: -

• Reservation is not quota

Reservation, as a policy, has never been about quota. Under the law, quotas should be declared illegal. Many politicians in their self-interest perpetuate the myth that affirmative action and quota are the same, or the two sides of the same coin. According to American Association of University women, Affirmative action has always been about providing the deprived sections with full educational and job opportunities.

• Valid grounds for Reservations

The purpose of reservation is to provide the employer with a large pool of qualified persons having different background, from which to choose and not to devalue merit or efficiency. Unqualified persons have no place under the policy, as no compromise with job – requirements or academic qualifications are permitted. The provisions of Reservations must be flexible, realistic, renewable and fair. The US Supreme Court considers two valid grounds for affirmative action -

1. 1. To remedy a clear and convincing history of past discrimination by the employer;
   2. To cure a manifest imbalance in the employer’s workforce.

• Fixing ‘Qoutas’ not an affirmative step

It has been seen that discrimination is not the sole reason for the absence of certain groups in the power structure. In times of economic insecurity or availability of fewer employment in organized sector or fewer educational opportunities, people feel the need to blame or scapegoat others or systems. In such an atmosphere, quota politics gets a chance to blossom.

In developing and underdeveloped nations, the socio-political and economic upheavals cause deprivation to many groups. People and groups in distress become receptive to such illusions that their respective interests are being jeopardized by other groups. Therefore, certain sections of society seek legal protection through fixing a quota for them in the power-echelons.

In such an atmosphere, some sections become intensively vocal about their separate identity based on racial, gender, religious, Caste, linguistic or even regional grounds. The aim of their becoming an integral part of the society can never be fulfilled in such a situation.

• Merit included in Reservation

Many people say that persons in positions of power should be selected on the basis of ‘merit’. One must be clear, what actually merit is? Ability to score high in an examination is not enough to be referred as merit. It is much more than this.

Along with knowledge and intelligence, merit includes understanding the issues. It requires capacity to meet challenges in solving the most pressing needs of the time and work sincerely. It needs cultural sensitivity toward persons from different backgrounds. Interpersonal skills, ability to communicate effectively, ability to lead the changes in right direction and decision-making capabilities are the qualifications that matter, while performing a job in administration.

‘Merit’ is very much recognized and incorporated in Reservation Policy. It does not subvert merit. The courts in USA have repeatedly observed that the purpose of Reservation is to create “An environment, where merit can prevail” and that “If a party is not qualified for a position in the first instance, affirmative action considerations do not come into play.”

Unqualified persons from beneficiary groups are disqualified to avail the benefits of reservations. Only qualified persons amongst the deprived groups are supposed to get benefited under the policy. Quite often, it has been seen that some qualified or meritorious persons amongst the weaker sections have refused to accept any kind of favor, preference or dole from the Government.

Nepotism and favoritism in appointments disillusion the bright and upright persons. It decreases, to a large extent, the efficiency and effectiveness of a system.

• Temporary in nature

In principle, reservation policy is supposed to be temporary in nature. Since Reservation is a means to achieve some specific objective, it can not be made a permanent feature. It should be followed for limited duration, be conditional in application and specific in object. In short, objectives of the policy could be: -

1. To make the submerged people aware of their rights,
2. To remove persisting or present and continuing ill effects of past discrimination,
3. To remove the limitations on access to equal opportunity in admission and employment,
4. To grant opportunity to all for participation in the governance of the nation,
5. To make the forward classes aware and sympathetic to the needs and agonies of the exploited and disadvantaged people or groups,
6. To overcome substantial under-representation of some social groups, and
7. To serve as a means to make the downtrodden to join the mainstream of the society.

Once these objectives are realized, bit by bit, steps should be taken to end the policy. Thorough periodical reviews of the situation must be taken. Presence of substantial number of persons from deprived groups, in the power structure, itself becomes an incentive for others in those groups to work hard and achieve something concrete in life. Therefore, in such a case, the need for protective program finishes.

Precautions to be taken

Some precautions must be taken by the authorities to make its Reservation policy a success: -

• Reservation policy should be applicable only to qualified persons for a job.
• It should remedy a clear and convincing history of past and present discrimination.

Human rights law dictates that law should be the same for all citizens. Reservation policy was initially envisaged to protect the historically discriminated groups from oppression and bring them into the main stream of the country. Much has changed in India since Independence. Time has come when law should apply to all the groups equally. Now if any person belonging to any group fall victim of unlawful discrimination, he must get protection on equal terms under law.

• Recruiting people strictly by numbers, regardless of qualifications is a violation of law.
• Remedies to address socially or economically disadvantaged person are no substitute for remedies addressing to discrimination in the workplace.
• Support of other efforts to expand educational and employment opportunity is equally needed.
• Discriminatory practices should be banned by law.

The efficacy of Reservation Policy cannot be judged on the basis of its alleged merits and demerits pointed by reservationists or anti-reservationists. It is necessary to evaluate its actual performance in achieving its goals. In order to promote the interests of backward, the authorities must not compromise with the national interests. Especially, when the modern world is passing through one of those exclusive times in history and is witnessing a revolutionary change – the fall of the industrial era and entry into information technology period.

An individual should not treat prejudice as a road block every time he/she encounters a difficulty. Prejudice is not a daily intrusion in one’s life. One should be well trained to face up the challenges of real life.