There is no superior caste The beings created by Him were only
divided into castes according to their attributes(Guna).
Shanti parwa, Mahabharata.
Introduction: As we know from our childhood, we define caste
of human being in to 4 categories Brahmin, kshatriya , Baishya and Sudra. But
in Hindi language “Caste” means “Jati” which means a person belongs to which
group or community it defines as per Scriptures. But actually the cast we know
it basically means “Varna” which determines from the ability of a person how he
works. But that is the harsh truth of all of us that we decided the Caste of a
person by their Birth.
Guna means Personality, innate nature
and psychological attributes of an Individual. As per Holy book “Mahabharata”
Gunas are basically 3 types Tamas, Rajas and Sattva. “Tamas” means Darkness,
Destructive and Chaotic; “Rajas” means Passion, Active and Confused; and
“Sattva” means Goodness, Constructive and Harmonious.
By default everyone is “Sudra” as “Gunas”
are not developed at this stage and the person is unknown about all things and
it needs to be taught and nurtured. i.e Vedas suggest a person Foundation as Sudra and all caste are known
as “Dwija Barna” means Second Birth. Example: Sage Vyasa born in Sudra caste by
his ability he wrote Epic book “Mahabharata”. Sage Valmiki who was also brought
up at Sudra caste and also a Loot but his ability he wrote epic book
“Ramayana”.
For Example:
Guna
|
Brahmin
|
Kshatriya
|
Vaishya
|
Sudra
|
Rajas
|
20%
|
70%
|
40%
|
20%
|
Tamas
|
10%
|
20%
|
25%
|
70%
|
Sattva
|
70%
|
10%
|
35%
|
10%
|
Quality
|
Intelligent, Decision maker
|
Passionate & Aggressive
|
All Rounder
|
Laziness
|
But today in Modern time Society has mixed up “Varna”
caste concept (deed Guna based distinction) and “Jati” concept (Type of Tribe
& Community). But now it is clear that “Varna is to be determined from Karma
and the three Gunas which cannot be determined by looking at the last name.
“Birth
is not the cause, my friend;
it
is virtues(Gunas) which are the cause of auspiciousness”
Bhagavad
Gita
Let us
discuss from Indian Context, The system of reservation in India comprises a
series of affirmative action measures, taken up by the government of India to
uplift the weaker sections of society by getting them into government jobs and
higher educational institutions. Constitution recognizes SC, ST and Backward
classes (including OBC) as getting the reservation in Indian. This system is
unique in India as it was conceived as a temporary measure to bring all the community
on one stand.
Historical
Background:
1918
Maharaja of Mysore, getting petition from depressed class for to investigate he
appointed Miller committee solve the question of adequate representation of
Non-Brahmin community in the services of state. Its root already put forward After
WW I, 1914 when the Britain Government considered some constitutional reform to
elicit the support of the people in India. In return for support British
accepted the policy of Self-governing institution i.e Provincial assembly and
Central legislative assembly, this policy is known as "Montague-Chelmsford" reforms and it was added in Government of India Act, 1919. Now
the question is that how to identify the depressed class of citizens for this British government appointed SIMON
commission to assess the Indian society and suggest reforms. One of the recommendations was
the need to safeguard the depressed class by socially and politically. Depressed
class demand separate electorate but commission denied but giving reservation of
seats. 1923 GOI decided to grant aid school who admitted the depressed classes.
B.R Ambedkar demand reserved seats for untouchables in Lagislative Assembly,
education and govt. Job. In Nov,
1930 British govt. Convened Round table conference but NIC didn’t participate
as busy in Civil disobedience movement against British Government. P.M Macdonald announced the
communal award where the separate representation of Muslims, Sikh, Indian Christian
,Anglo Indian ,Dalits.But
Gandhi
opposed but later changed his position and conceded for all except depressed
class as it divide and rule policy of Britisher’s. For this Poona Pact was
signed between Ambedkar & Gandhi on
24 September, 1932 at Yerawada jail in Poona. This pact put milestone as Depressed
class got 147 seats in the Provincial Council which promised only 71 seats by
Ramsay Mc Donald’s communal award and also got 18% seats in Central Assembly. This
Pact finally stamped when 'Government of India Act 1935' Where Reservation of Seats for Depressed
Classes was allotted. The 'Government of India Act 1935' replaced the term “Depressed Classes”
With “Scheduled Castes”. Then also Depressed Class denied
from getting public services but minority enjoyed their rights. After some time
Ambedkar
become member of Viceroy Executive Council as Labour Minister. He used his
position and demanded education and employment rights also. His demand was
accepted and become the basis for policy in India when it was framing in the
Constitution. Constituent
Assembly came into existence in Dec, 1946. Framers want an egalitarian society where Equal
Protection is provided to Socially, Educational & Politically backward communities.
In minority committee report on representation in proportion of their population.
But Assembly rejected the Religion based reservation by Constituent Assembly.
Actually these provisions where
temporary for 10 Years after that it should be decided by the Parliament either
to renew or to abolish. But finally we got Independent and with this, Article 14, 15 and 16 “Equality as
a Policy” for to Protection of SC, ST Community. Apart from this Article 17
Implies Respect & Protection of Civil Rights Act also active, Article 18
Abolition of Title also promote equality of people. Article 25 To 28 Confer
Freedom Of Religion. ‘Article 46’ Directs State to take steps to educate weaker
section of society. Reservation
fix for 10(Ten) Years but it was extended by time to time for political motive.
Problems
with SC & ST were solved as it was mentioned in our Constitution but
problem arise with OBC which was not properly explained In Constituent
Assembly. Eg. 15(4) & (5) talks about socially & educationally backward
classes and where Article 16 (4) talks about Other Backward Classes(OBC) for
giving reservation in Jobs and Education. Originated in 1919 by Political
Leaders referred Social & Educational not limited by Caste but it is a
wider term which includes depressed class, Aboriginal tribe & OBC. Constitution already says only
Socially & Educationally Backward classes of citizens in addition to ST
& SC. For this Conflict, 1953 Kelkar Committee was set up which recommended
Caste is the basis of Backward Class but it was not accepted by the very
government that time. 1963,
M.R Balaji Vs State Of Mysore- Court held that Backward should be both Socially
as well as Educationally not just Socially Or Educationally. Supreme Court held
that Caste can be a relevant factor for determining backwardness but it should
not be the only consideration. Also Consider The Factors Like Poverty, Habitation & Occupation. 1979,
Mandal Commission which chairman is B P Mandal recommended 27% reservation in
central & state services, Public Undertaking & Educational
Institutions. Recommendation
implemented in 1993. But as on 2008 still a backlog of 28,670 OBC Vacancies in
Government Job in India. Constitution also gives Special Protection under Fundamental Rights. 77th
Constitutional Amendment Act:- popularly known as Mandal Case “Indra Sawhney Vs Union Of India (1993)”
judgement, Court held that implementation of reservation of OBC in Central
Jobs, exclude Creamy Layer from OBC and also restrict above 50% Reservation
without including backlog.
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