By Dr. Afroz Alam
Recently, three important developments took place on the issue of reservation scheme in the country, besides mobilisations of Patels of Gujrat, Kapus of Andhra Pradesh and Jats of Haryana. First, RSS slightly changed its classical stand from complete overhauling of reservation to excluding affluent from reservation dividends in the field of employment and education. Second, while deviating from the RSS stand the ruling BJP made it clear in Rajya Sabha that the present arrangement of caste based reservation policy will be maintained.
This stand is tactically made to avoid adverse electoral outcome for the party in the forthcoming Assembly elections in West Bengal, Assam, Tamil Nadu, Uttar Pradesh and Punjab. Third, quite recently National Commission for Backward Classes (NCBC) recommended 27 per cent reservation for OBCs in private sector entities.
Prudently, the political parties of all orientations (left, right and centre) supported the recommendation in chorus but without substantive conviction to the idea. Interestingly, low-caste based political parties, interest groups, voluntary organisations, intellectuals, academic circles, student bodies and social activists do see an opportunity to campaign for reservation in private sector and politically mobilise the respective marginalised groups for the cause. Despite the fact, this recommendation of reservation in private sector was tactically sidelined without policy commitment from the ruling BJP.
Come what may, the issue of reservation has its own dilemmas, ironies and paradoxes. First, the very idea of reservation as a means of social justice is seriously being doubted by many due to the political exploitation of the term for electoral dividends. It is increasingly being viewed with the lens of vote bank politics. It is clearly manifest in the calculated chorus of the political parties which is illusionary and largely guided by the proposition that the very denial of the idea of reservation may adversely affect their electoral fate in the constituencies dominated by the marginalised groups. At the same time, being vocal about reservation may result into antagonising the sizable section of electorates who do not support the idea of reservation as a means of social justice. In the present competitive politics, it is certainly a good reason for any political party to worry about. But, for many of us, the tactical absence of meaningful discussion on the issue of reservation is certainly disappointing.
Do OBCs or Dalits or any other marginalised group need reservation in the private sector? Or do we need to revisit, review and audit the working of existing reservation in public sector first and then move to private realm with correct proposition? In all probabilities, the answer is ‘yes’ and ‘why not’ for both the questions.
We first need to audit the present system of reservation in public sector in terms of ‘what we aimed to achieve’, ‘what we have achieved’ and ‘what are left to achieve’ by creating a data base using governmental and non-governmental agencies. We need to assess the aggregate outcome in terms of socio-educational progression of the marginaised groups and accordingly devise more strong measures to overcome the gaps to empower them. While doing so, we need to identify those two generations of a family who have consistently benefitted and thus exclude the family from the dividends of reservation. Let the incentive of reservation percolate down to that group/family among Dalits and OBCs who could not get benefit of reservation for any reasons. Similarly, we also need to revisit the religious sanctity of SC, ST and OBC categories and incorporate the similarly placed caste groups present in Christian and Muslim communities in these categories so as to equalise the benefit of aggregate outcomes of reservation.
Let us turn to the question reservation in private sector as recommended by NCBC. The recommendation should be taken in the best spirit of expanding the boundaries of social justice to private realm. It is certainly long overdue. And it is despite the majority of Indian workforce (94 per cent) work in unorganised sector and only a miniscule workforce (6 per cent) is engaged with organised sector (both private and public sector). It is a gain in all the circumstances for the marginalised and a positive step forward. The marginalised section should not be understood only in terms of OBCs as recommended by the Commission but also Dalits, religious and other minorities, women, disabled and so on.
In the emerging scenario of large scale withdrawal of Indian government from not only the public institutions but also the welfare activities since early 1990s, there is a strong need of protective policy initiatives to address the exclusionary barriers in the private sector to promote the interest of marginalised sections of the Indian society. While very important symbolically, the legislative or policy measures, in this regard, will be effective in eliminating institutionalised discriminations, if any, against these groups. These measures will not only provide guaranteed employment but also reduces the possibility of their hostile rejection at the hand of private employers in the name of merit, efficiency, competitiveness and compatibility. The whole campaign for reservation in private sector is the outcome of this realisation.
In this backdrop, we need not hastily accept the proposition of private sector reservation offered by the Commission. First, a meaningful dialogue and discussion with and between the stakeholders like the government, private sector firms (Micro, Small, Medium and Large Enterprises), civil society groups and general populace are needed to create positive ambience to work out on the nitty-gritty of legislative details for operationalizing the idea of reservation in private sector. Second, we need to restrict the reservation policies, at the moment, only to Medium and Large scale industries and corporation due to the reason of their institutional and economic viability. Third, there should be effective monitoring and surveillance system with adequate legislative and judicial remedy so that no private firms should be able to discriminate, stigmatise, terminate or harass on the basis of social marginality of the employee.
Fourth, the reservation in accordance with the proportionality principle should be avoided for the time being. Instead, there should be 25 per cent quota reserved for socially marginalised at all levels in the private sector (medium and large enterprise) who shall necessarily be appointed from among the basket of marginalised groups consisting of Dalits, OBCs, religious and other minorities, women, disabled and so on and that too in accordance with the principle of comparable merit, non-representability of the group and equal opportunity framework. Fifth, we need to constantly monitor the beneficiaries of the reservation and thus exclude the ‘family’ whose second generation has already taken advantage of this system so that the benefits should not be confined to particular family, group, caste or region for all time to come. In fact, a mechanism of rotatory reservation system should be adopted so that no one from the marginalised section should be left out from the realm of this benefit. Sixth, the duration of this system should be fixed for 5 year with regular annual report and which shall be extended not beyond 15 years.
Seventh, the employer should work on enhancing the educational, vocational and communication skill of the employee belonging to marginalised section so that he/she can be fit in the overall culture of private sector. Eight, there must be a guideline on the transparent procedure for advertising, hiring, promotion and dismissal to help marginalised section to secure fair participation in the private sector employment. There must also be an effective monitoring on wage differential, access to training and occupational segregation to achieve greater equality and avoid intentional discrimination.
Finally, the ruling BJP should not turn the issue of reservation in private sector problematic rather come forward with a policy plan with strong conviction of reducing the marginality of socially oppressed groups, be it public or private . Let there be a ‘new politics’ of the party beyond electoral compulsions of polarisation tactics.
Dr.Afroz Alam, is an Associate Professor of Political Science, Maulana Azad National Urdu University, Hyderabad.