User talk:Geniusvarun oo7

We indian thinks we possess a long tradition of public debate and reasonable argument.but it is precisely the tradition of public debate that has been hizacked by the current imbroglio about reservation for the other backward class(OBCs).Today our political debate is marked by acrimony,hateful,stereotyping,caste discrimination and pathetic anxiety.it became difficult to engage with the public reason.A person who lacks the basic necessity of life,food,shelter,clothing assured income and is not simply equal to the rich.This is based on observation or experience rather than theory or logic that where childrens are illiterate,they are malnutrished and prone to diseases,homeless and who are for these reasons subjected to every kind of inequality,indignity and discrimination.In order to neutralise this factor,the endeavour of the welfare state must be to provide adequate resources to these childrens,who are discriminated from all walks of life.It says that every child has a right to transform its skills into reality to confront the sociological order because the constitution has guaranted such rights under article 21-Right to life and personal liberty. But there is another kind of inequality in our society,that is caste. Historically the dalits do not have any access to the education and profession because of the sick and inhuman system of purity and pollution,which is prevalent in the society across India. Reservation were meant to provide former"untouchables",a place in the the educational system and in professions.The scheduled tribes were granted reservation,so that they can be a part of the mainstream of the society.Now comes the reading of sociologist who says that to meet the sociological needs and to counter effective mechanism.We need reservation for OBC too.How much it is relevant,it is still to be asked from them.The question is whether the OBCs suffer from the same discrimination as SC's and ST's have been suffering from decades.if,yes then they should be given reservation but if it is given only on the basis of economic deprivation then it totally belongs to egalitarianism. Article 15(4) of the constitution of India says,Nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of socially and educationally backward classes of citizens or for the scheduled caste and scheduled tribes. Another important article is 16(4) which says Nothing in this article shall prevent the state from making any provision for reservation of appointment or posts in favour of any backward class of citizens which in the opinion of the state,is not adequately representated in the services under the state.These both article shows that the constitution has provided adequate provisions for the advancement of Sc, St and backward classes. The story started in 1953 with constitution of first backward commission for the upliftment of backward classes.it's recommendation for reservation and employment are rejected.Then,In 1960,a vote bank politics take roots in 10 states from their own backward commission and even exceeded the 50 percent norm. Then comes the famous mandal commission headed by B.P.Mandal former chief minister of bihar,mandal submits its report calling for 27 percent reservation in educational institution and govt. employment. Finally In 1990 P.M V.P.Singh announces mandal report should be implemented.In 1993 ,The supreme court upholds the resevation for jobs in central govt. and lays down creamy layer criteria(Indira sawhney v. union of india(II)AIR 2000 sc 498) And now comes 2006 ,where the govt.has decided to implement reservation in higher education for OBC from the coming academic year 2007-2008.The purpose of the reservation in the higher education ,therefore is in danger of being defeated by a rigid posture  on cut off marks,born out of an irrational concern for excellence.Statistics on admission shows that the difference in cut-off marks between the general candidate and reserved ones are too close to draw any valid interference.Another important apprehension is exemption of minority education institution.It should be applied to all the institution which comes under the purview of educational system of the country whatever be it's status,whether aided or unaided and whether in minority or majority. But now by enactment of 93rd amendment clause (5) has been added to article 15,which exempt minority,whether based on religion or languages from it's purview as they enjoy a special right under article 30(1) which says minority institution can administer and establish educational institution of their choice.The rational behind this exemption is that it will weaken article 30(1),if reservation has been imposed on these institution.However the government has not taken sufficient care to safeguard the interest of Sc and St student ,who already enjoy reservation in certain minority educational institution.Now comes the apprehension that such minority institutition could use that bill,when enacted as an excuse to withdraw the existing reservation for SCs and STs.These kinds of apprehension are there in mind of depressed and underdeveloped class, who from the centuries remain as "untouchables".such kind of legislation proved to be havoc for them.Another important point which the critics have pointed out is issue of creamy layer on which the govt. is silent.The advanced section of the other backward class is excluded from the reservation in public services following the supreme court directives.In accordance with the directions given by the supreme court ,the union govt. had appointed an expert committee known as justice Ram Nandan committee to identify the creamy layer among the socially and  educationally  backward classes. The expert committee has submitted its report on march 16,1993,which was accepted by the govt. of India.The report identifies the creamy layer among the SEBC for excluding it from the list of mandal beneficiaries.The category evolved by the govt. of India in general covers childrens of high constitutional dignitaries such as President,the vice President,supreme court judges,high court judges,,chairman and member of UPSC and PSCs,Chief election commissioner,comptroller and auditor general of India,governors ,ministers, members of legislatures.The rule of exclusion also covers class I officers of central and state services(direct recruits),public sector undertaking armed forces and paramilitary forces, professional class including trades,business, industry and property owners etc.It is very important to note that if those belonging to the creamy layer with their capacity to train and equip themselves with proper coaching are included in the reservation criteria then the objective of the bill is said to be defeated.An oversight committee appointed by the central govt.has given its report.It becomes final that with the central education institution (Reservation in admission) bill 2006,providing for implementation of reservation over a maximum of three years would have to began reserving seats for OBC from the next academic year.The committee estimates that the new reservation regime would cost the exchequer Rs.17200 crore over the next five year plan. After reading all this, the question to the govt.is How far this reservation is relevant?How govt.will manage such a huge infrastructure in a overburdened economy?and whether it serves the purpose of article 15 and 16 envisaged in the constitution of india.

SINCERELY.

VARUN CHHACHHAR. B.COM,LL.B. STUDENT. P.G.DIPLOMA IN HUMAN RIGHTS LAW. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY. Bangalore.