Dr.Ambedkar against Permanent Reservation

DECCAN INQUIRER

Reservation or Oppression Vengeance ?

A GO issued by the Madras Presidency in 1921 allocated 44% of reservations to non-Brahmins, 16% to Muslims, 16% to Anglo-Indian Christians, and 8% to Scheduled Castes. 100% fully reserved. No jobs , no college seats, no government support for Brahmins. Are not brahmins citizens of india ? Are not brahmins tax payers to the government ? There are many Brahmins who struggled and sacrificed for our freedom struggle like other communities.

Britishers sowed the seeds of division between religions , castes to keep all bharatiyas disunited. To ensure continued hostilities between people and thereby bharath doesn't progress.

You cannot give vision to one by snatching away vision of the other , you cannot uplift one by pushing down the other.

Objective of the democracy is to treat all equally. Nobody is superior nor inferior, all are EQUALS.

More than democracy, Constitution of india HUMANITY is superior. Everyone gets human rights of equality and equal opportunity by birth. Government sponsored reservation policy is inhuman and violates human rights of poor and numerically weak people. Now in practice downtrodden identified by government are GOVERNMENT BRAHMINS and get all benefits from tax payer's money from cradle to coffin. Whereas poor among forward castes identified by government are suffering as DALITS.

Just an example a couple both of them got college seats , government jobs on reservation. Their gross monthly income is more than one lakh rupees. They get priority house, site allotment from government on caste basis. Still they apply for reservation , monetary support from government for their son's college admission. They get it.

Whereas a poor forward caste person who earns Rs.300 daily wages is unable to provide for his son's education and his son also becomes a daily wage labourer.

Is this the objective our government of india ? Government is sowing , watering the plants of division ( sowed by britishers ) in the name of reservation policy.

Nobody should be discriminated on the basis of caste or religion. It has happened in history which is INHUMAN and must be corrected. Brahmins are also one of the culprits but not the only one. There were other major culprits, castes but nobody raises voice against those numerically strong people. Just take the recent case of a village in Tamilnadu where dominant castes refused entry of dalits into temple and excreta was mixed in drinking water tank and all dalit villagers were made to drink that excreta water for weeks. Where are the voices of Mr.stalin and other brahmin haters ?

A crime cannot be corrected by another crime. Hate , Vengeance doesn't bring happiness. Equality cannot be achieved by british seeds of caste division like reservation policy. It can be achieved by change of mindset by mutual respect , love , empathy between people which brings peace , prosperity and happiness. We respect all religions and castes. There are rich as well as poor in all castes and religions. Poor in all castes and communities deserve government support but rich does not deserve it.

Your's

Nagaraja.M.R

Dr. Ambedkar and his thoughts on reservations

In 2018 Maharashtra had been stirred up by the Maratha community for reservations in employment and education. It is the same matter which has been referred to the Constitutional bench of Supreme Court, recently.

The topic of reservation often attracts ire and hope equally, and almost every caste in Bharat is now seeking special status and reservations for their community as if it is the only way to ameliorate hardships. The Constitution of Bharat, which has empowered the state to carve out special provisions for upliftment of backward classes and scheduled castes is leveraged for political objectives rather than for the advancement of the backward classes.

The pioneer of this reservation system for backward classes and schedule castes is Dr. Ambedkar, who is more frequently looked up to by political leaders to earn political brownie points rather than truly acting on his vision and mission. He often called as the ‘Maker of Indian Constitution’, which is a myth and this author has attempted to bust this myth in a previous article.

Dr. Ambedkar is the most unexplored politician in Bharatiya history. He was a scholar, astute politician, economist par excellence, great historian and whatnot; but despite his plethora of qualities he has been reduced to a tool for political and personal mileage. An analysis of his views on reservation busts lies surrounding this issue and most importantly shows how Dr. Ambedakar’s reservation policy is reduced to naught by misconceived interpolations.

Dr. Ambedkar’s thoughts on reservation could be traced in his draft, which he intended to submit to the Constituent Assembly. The same draft later on got published under the title ‘State and Minorities’.

While writing about reservations for minorities and scheduled castes, he used a term ‘right to representation’ instead of reservation and he writes about overall representation in the public services. He was more inclined to notch up a quantum of scheduled castes in the services corresponding to their proportion in the population.

He was also in favor of curtailing a right to representation for scheduled castes and other minorities if the candidates failed to fulfill minimum educational qualification, and therefore it would not be mistaken to state that Dr. Ambedkar wanted reservations or representation in public services without compromising on quality of administration.

Most importantly, he did not bat for reservations in education, rather he merely states that the state should take care of financial assistance in education at every stage for the betterment of Scheduled Castes. This is a striking feature of Dr. Ambedkar’s line of thinking.

Remember that right from the inception of reservations in Bharat, all major agitations and litigations in the courts have been focused on the issue of reservations in educational institutions.

I think this approach of Dr. Ambedkar towards reservations in educational institutions should not die down without debate in the public domain. The principal bone of contention in the policy of reservation is compromising meritorious candidates and quality in public services.

Suppose there is no reservation in educational institutions and perfectly level playing field for all the candidates, nevertheless scheduled caste students would get special financial assistance from the state. All the students entering in the educational institutions will be solely based on merit. Therefore, they will have by and large equal competency while entering into the public services market after successful completion of their course. In this scenario, though there would be reservations in the services, only meritorious students from scheduled caste communities would enter into the services through a quota system thereby retaining a high standard in the administration.

It is apt to note that the Bharatiya Constitution was devoid of any reservations in private educational institutions when it was enacted in 1950. However, lure of political gains compelled selfish politicians to introduce reservations in private educational institutions by early 90s and this was cemented through the ninety third amendment of the Constitution in 2005 .

Longevity of reservations is a subject of ad nauseam debates and the difference of opinion among the scholars has left common the man perplexes. Dr. Ambedkar has provided an answer to this problem as well. His proposal includes a review of reservation policy in Bharat after 25 years of its implementation which is sufficient time for any honest government to act as a troubleshooter. However, it is unfortunate that the state has failed to ameliorate conditions of scheduled castes and other backward classes in Bharat for more than seventy years.

While speaking on the issue of reservations in the In Constituent Assembly, Ambedkar said –

“……..Supposing, for instance, we were to concede in full the demand of those communities who have not been so far employed in the public services to the fullest extent, what would really happen is, we shall be completely destroying the first proposition upon which we are all agreed, namely, that there shall be an equality of opportunity.

Let me give an illustration. Supposing, for instance, reservations were made for a community or a collection of communities, the total of which came to something like 70 per cent of the total posts under the State and only 30 per cent are retained as the unreserved. Could anybody say that the reservation of 30 per cent as open to general competition would be satisfactory from the point of view of giving effect to the first principle, namely, that there shall be equality of opportunity?

It cannot be in my judgment therefore the seats to be reserved, if the reservation is to be consistent with sub-clause (1) of Article 10, must be confined to a minority of seats……..”

Here he is loud and clear against offering majority seats to minorities in public services; any such attempt, according to him, would grossly commit an injustice to the majority and therefore seats reserved in public services should not be to the extent of militating against a principle of equality and equal opportunities for all.

In the light of Dr. Ambedkar’s thoughts, therefore the reservations applicable to minority communities in Tamil Nadu to the tune of 69% of total seats in education and employment is unjustifiable and against the principles of equality espoused in the Constitution of Bharat. The same argument must be applied to the demand of Maratha reservations in Maharashtra, which would catapult majority seats into the reserved category.

In Bharat, several court cases have been fought in the Supreme Court on the issue of reservations, however the trailblazer was ‘Indra Sawhney Etc. vs Union Of India And Others’ wherein Mr. Nani Palkhiwala, a great lawyer, insisted on merits and argued in favour of confining reserved seats to 30% of the total since reservation is an exception and not the norm.

Had Dr. Ambedkar been alive, he would have confirmed the arguments of Nani Palkhiwala. The politicization of reservations has done more harm than benefit to the backward classes.

The purpose of reservations is defeated as there is competition among various castes to show themselves backward in order to pocket more and more reservations for their community. Instead of stepping out of the morass of casteism, these groups are getting strengthened under the umbrella of reservations and feeling contented with their ‘backwardness’.

Several eminent persons from the backward classes are convinced with the hollowness of reservation and quota system, and therefore it is time to revisit it. When the basic purpose of any system is defeated, or even threatened to be defeated, an overhaul becomes a necessity.

Reservation in India: Know everything about Reservation system in detail

- By Gurpreet Kaur Dutta

As soon as India gained independence, reservations were incorporated into the constitution to acknowledge the historical injustice done to members of underprivileged groups and to put policies in place to give them better access to resources and opportunities.

In India, reservations were first implemented:

To make amends for historical wrongs committed against India’s lower classes

To guarantee that individuals from all castes are equally represented in the state- and federally-funded programs

To provide everyone with a level playing field regardless of caste

To uplift and improve the underprivileged groups

“Let us understand the whole concept of Reservation in detail. This article includes the provisions related to Reservations, a brief history, and some landmark cases.”

Reservation system in India

In India, reservations are a form of affirmative action that works to give a predetermined number of seats in social and educational institutions to various underrepresented communities. It is made in response to the discrimination by members of upper castes in India. As a result, when India won independence, the constitution included a clause requiring a certain community to have a certain level of representation in various sectors.

Caste reservation in India

Reservations under the Constitution for socially and economically disadvantaged groups are intended to give those members of the scheduled castes and scheduled tribes access to jobs and education.

Why is there reservation in India?

The main aim of the Indian Constitution is to provide a certain level of security to the citizens of India regarding equality of status and opportunity and to promote all fraternity assuring the dignity of the individual and the unity and integrity of the nation (as stated in the preamble).

When did SC ST reservation start in India?

Reservation was a known concept in India for a very long period. Let’s know the history of reservations in India.

Reservation was there at the time when the Britishers ruled India.

It is generally thought of as who decides reservation in India. Originally, William Hunter and Jyotirao Phule in 1882 conceived the idea of a caste-based reservation system. When the Hunter Commission was established in 1882, Mahatma Jyotirao Phule urged that all citizens have free, mandatory education and government employment.

In 1902, a notification established 50% of service reservations for economically disadvantaged people in the state of Kolhapur. This was India's first notification establishing a reservation for the benefit of the country's underprivileged.

Reservation was instituted in 1908 in support of the castes and communities that participated in the administration under British rule.

The Morley Minto Reforms, also known as the Government of India Act of 1909, contained provisions made in 1909.

The Government of India Act of 1919 introduced provisions for reservation in 1919.

A GO issued by the Madras Presidency in 1921 allocated 44% of reservations to non-Brahmins, 16% to Muslims, 16% to Anglo-Indian Christians, and 8% to Scheduled Castes.

The Government of India Act 1935 included provisions for the reservation in 1935.

Our Indian Constitution took effect on January 26, 1950.

Following independence, the Constituent Assembly, presided over by Dr BR Ambedkar, established the system of reservations. It was first made available for ten years. After ten years, Indian legislators recognized the necessity to retain the system of reservations in place to address decades of racial and cultural prejudice against particular groups in society.

Reservation under Indian Constitution

With the enactment of the Indian Constitution, special provisions were enacted as Article 15 and Article 16 for the advancement of backward classes.

"Equality may be a fiction, but nonetheless one must accept it as a governing principle"- Dr Bhimrao Ramji Ambedkar

Article 14 highlights the concept of equality before the law and equal protection of laws. While the first is considered negative in nature because it denies special privileges in favour of an individual, whereas the concept of equal protection of laws states that individuals at equal levels should be treated equally.

Article 15(4) provides the special provision for advancing any socially and educationally backward class of citizens or for the Scheduled castes and Scheduled Tribes. In order to ensure proper representation of marginalized groups like SCs, STs, and OBCs in educational institutions, public jobs, and the legislature, the state can use this to create special policies.

Reservation Percentage in India

The reality of reservation in India - Reservation to the SCs, STs and OBCs in case of direct recruitment on an India basis by open competition is given at the rate of 15%, 7.5% and 27%, respectively. EWS category holds 10% reservation.

The State of Madras v. Champakam Dorairajan (1951) judgment led to the addition of this subsection (4) by the First Constitutional Amendment Act, 1951. Specifically, the Madras Government has reserved places in State engineering and medical institutes for various communities based on classes, religion, and race. This was challenged before the court as it violates Article 15 (1) of the Constitution. The state defended the law because it was created to advance social fairness for all community members, as required by the DPSP's Article 46. The SC held that the statute invalidates seat reservations based on race, religion, and caste (caste reservation in India) since it categorized students based on their castes, religions, and other factors rather than their academic ability. Clause (4) was inserted into Article 15 to mitigate the impact of the aforementioned SC judgment. This Article gives the STATE the authority to make specific provisions for the scheduled castes and scheduled tribes and for socially and educationally marginalized classes of citizens. Article 15(4) is merely an enabling clause; the state is not required to take any special action by it. If necessary, the state may make a reservation.

For making a reservation under clause (4) of Article 15, two elements are to be determined

1) Who are socially and educationally backward classes?

2) What is the limit of reservation?

The First Backward Classes Commission was established in 1953 by the President of India per Article 340 of the constitution and was presided over by Kaka Kalelkar. The panel may recommend actions that the federal and state governments should take to ease the struggles of the socially and educationally underprivileged.

On March 30, 1955, the Kaka Kalelkar commission turned in its final report. It had compiled a list of some of the commission's recommendations, which were as follows:

Keeping a caste-based population count in the census of 1961.

Treating all women as a class and reserving 70% of places in all professional institutions for members of underprivileged groups.

Reserving OBC candidates for open positions in all local government positions and agencies

The commission's recommendation was not accepted by the chairman, Mr. Kaka Kalelkar, because the report contained ambiguities. He opposed the commission's proposal in a letter to the president. However, the Central Government did not accept the Commission's report since it did not meet the requirements.

In M.R Balaji v. the State of Mysore (1962), an order was issued by the Mysore government under Article 15(4) reserving the seats in the medical and engineering colleges of the state as follows-

Backward and More backward classes 50%

Scheduled castes 15%, and

Scheduled tribes 3%.

“Thus, a total of 68% of seats were reserved. The validity of this order was challenged by the candidates who didn’t get admission. Court held that sub-classification made by order between backward and more backward was not justified under Article 15 (4). It was also held that the ‘caste’ should not be the only basis for determining backwardness. ‘Backwardness’ must be social and educational, not social or educational.”

In 1979, the Janata Party Government declared a second backward classes commission, popularly known as the Mandal Commission, with its’s chairman Mr B.P. Mandal. The Commission adopted the following criteria for identifying the socially and educationally backward classes:

1. Social criteria,

2. Educational criteria, and

3. Economic criteria.

The commission submitted its report in December 1980. It stated that the OBC population was around 52% of the total population of India, including Hindus and non-Hindus. The commission recommended a 27% reservation for the OBC. Long after the Mandal report was submitted, nothing was done in response to it. The commission primarily associated castes with underprivileged classes and largely disregarded the economic test.

Following the release of the backward class commission's report, the SC was once more presented with the Vasant Kumar case (1985) when it came to classifying the backward classes. The SC judges unanimously decided that "caste" should not be the only factor in determining backwardness.

The Supreme Court made a key ruling in the Indira Sawhney v. UOI (1992), also known as the Mandal Commission case, regarding the issue of post-reservation for members of the underprivileged classes. The V.P. Singh government accepted the Mandal commission's recommendation at the centre in 1990 and announced 27% reservation for socially and educationally disadvantaged sections for open positions in civil service and other government of India jobs. The memorandum was challenged before the SC, and the nine judges took it into consideration. The main positive facet of the SC can be highlighted here-

1. Overall reservation is limited to a maximum of 50% in a year.

2. Creamy layer should be excluded from the backward class.

Article 16 (4) provides for the reservation of appointments and posts in favour of any backward class of citizens who, in the opinion of the state, are not adequately represented in the services under the state.

Article 16(4) is applied only when the following conditions are fulfilled:

The class of citizens is backward

The said class is not adequately represented in the services of the state.

In Devadasan v. UOI (1964), the SC considered the application of Article 16(4). In this case, the constitutional validity of the government's "carry forward rule" meant to control the hiring of members of underprivileged groups to public employment, was at stake. According to this rule, the open positions would be filled by fresh candidates who were available if there weren't enough candidates who belonged to the SC/ST group to fill the reserved quota. However, a corresponding number of posts would be reserved for SC/ST in the following year in addition to their reserved quota for that year.

The "carry forward rule" was declared illegal by the court. However, the SC reversed the Devadasan case in the Mandal Commission case and stated that the "carry forward rule" is lawful as long as it does not exceed 50% of vacancies in a given year. The SC rendered the following ruling in this matter.

a) Creamy layer needs to be removed from the lower classes,

b) Classification of backward groups into backward and more backward is permitted, unlike in the Balaji case.

c) Reservations cannot be made more than 50%

d) No reservation in Promotion

The government passed the Constitution 77th Amendment Act, 1995 to negate the "no reservation in promotion" point, and as a result, a new clause (4A) was added to Article 16.

Important Articles of the constitution concerning Reserved Category

Article 15 (5) By the 93rd amendment,2006, the provision of Reservation for Backward, SC, and ST classes in private educational institutions have been added.

Article 16 (4B) The constitutional 81st Amendment Act of 2000 included Article 16 (4 B), which allows the state to fill the unfilled SC/ST-reserved vacancies of a year in the following year, erasing the requirement of a minimum of 50% reservation on the total number of vacancies of that year.

Article 39 A – Under Directive Principles of State Policy – States have to ensure justice and free legal aid to Economically Backward Classes.

Article 341 gives the power to the President to notify which castes in the nation and specific states are to be considered Scheduled Castes.

Article 342 gives the power to the President to notify which castes in the nation and specific states are to be considered as Scheduled Tribes

Article 342 A gives the power to the President to notify which castes in the nation and specific states are to be considered Backward Classes

Article 338, 338 A, and 338 B mandate the creation of a National Commission for Scheduled Castes, Scheduled Tribes, and Backward classes

Article 330 and 332 provide for specific reservation of SCs and STs in the Parliament and in the State Legislative Assembly

Article 243D provides for reservation of seats in panchayat for SCs and STs

Article 233T provides for the reservation of seats in every municipality for SCs and STs

Article 335 states that to maintain the administration's effectiveness, the demands of SCs and STs must be taken into account.

The Constitution's Fifth Schedule specifies the rules for managing Scheduled areas. In states with Scheduled Tribes but without Scheduled Areas, it guarantees the creation of Tribes Advisory Councils with three-fourths representation from the local tribes.

The legislature introduced the new reservation in the 103rd Constitutional Amendment Act of 2019. This amendment created a 10% reservation for the EWS or economically weaker sections of the society. It gives EWS preference for employment in the public sector and admittance to both public and private educational institutions.

Recent Landmark cases

Maratha Quota Case (2021)

According to a five-judge Supreme Court constitution bench, reservations beyond the 50% ceiling limit are unconstitutional. The Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018, which extended reservation to the Maratha community in public education and employment in excess of the ceiling limit of 50% fixed by the Supreme Court earlier, was overturned by the bench of Justices Ashok Bhushan, L. Nageswara Rao, S. Abdul Nazeer, Hemant Gupta, and S. Ravindra Bhat.

Neil Aurelio Nunes and Ors v UOI and Ors (2021)

This landmark judgment on equality law changed the narrow definition of equality from "formal equality," or treating everyone equally, to "substantive equality," or equality in the distributive sense. The court expanded the definition of merit and held that it could not be judged solely based on a person's success in an open examination; rather, it must be considered in the context of "conditions and circumstances that prevent equal access to the enjoyment of basic rights or claims" to the underprivileged and underrepresented communities.

Conclusion

The Constitutional Drafting Committee's Chairman, Dr Bhimrao Ramji Ambedkar, and other committee members created the reservation policy to utilize it as a means of affirmative action to help marginalized groups incorporate into society. Although this policy was only intended to last for ten years, it has been extended and is still in effect today because the original goal of reservation was not met. Will India's reservation system jeopardize its effectiveness and merit?

Caste Reservation or Discrimination Vengeance ?

- An appeal to Honourable Supreme Court of India

The “Caste based Reservation Acts “ by government of india and state governments are reverse discrimination , gross violation of human rights , acts of vengeance. The authors of Constitution of India have committed crimes , human rights violations against numerically small financially socially poor castes like brahmins , vyshyas , others. Nobody , no highest constitutional functionaries, no judges have the right to violate other human being's human rights. In this backdrop authors of Constitution of india are human rights violators , criminals.

Reservation act is passed by majority in indian parliament. In the same way during Hitler's reign Oppressive policies against jews were passed by majority in german parliament. Mere majority , mere numbers cannot make an inhuman act into humane or injustice into justice.

Our freedom fighters struggled, sacrificed to build an ideal country free from any biases. Freedom fighters belonging to all castes, religions including brahmins, dalits , muslims , others have sacrificed a lot in freedom struggle. After independence people belonging to all castes and religions are paying taxes to the government. In spite of all this numerically dominant castes are usurping public resources , opportunities by suppressing , discriminating numerically minor castes like brahmins , vyshyas. Where is equality , equal opportunity?

Every human being including brahmins have human rights of equal rights , equal opportunity and equitable justice even if Constitution cheats them of the same.

The Caste based reservation acts are passed by majority in parliament fine. In the same way inhuman acts of suppression of Jews were passed by majority in Nazi Germany parliament. Brute numerical majority doesn't make an inhuman act as human or injustice as justice.

From time immemorial numerically dominant castes were ruling village panchayaths to big kingdoms. People of dominant castes were village panchayath heads to kings, they ruled enforced discriminatory rules , untouchability in their jurisdictions.

Today's parliament and state legislature s since independence are occupied by dominant caste members. They have made brahmins as scape goats for all the ills , untouchability. Does it mean kings & village panchayath heads of yester years were foolish and acted as per brahmin's advices only ? Then why don't you credit brahmins for good things done in yester years ?

Every caste and religion including brahmins are guilty of practicing untouchability against dalits but not brahmins alone.

Only dalits need caste based affirmative actions to remove caste based social stigma.

All other castes , religions doesn't need OBC , GROUP A , GROUP B , etc tags and reservation. They must get affirmative actions based on their economic status rather than their caste. Numerically , politically dominant castes have usurped public resources by classifying their own castes as backward.

There are rich as well as poor people in all castes and religions. Poor in all castes and religions need support by government and society. But rich people in so called reserved category doesn't need government support instead it must be given to the poor among the same reserved category. Affirmative actions must be based on latest transparent people census including details of caste , religion , education , property , income , etc not on decades old census. There is a huge change from 1947 to 2023.

Children should not be punished for the crimes committed by their grand father.

Also punishing a criminal ( of minor caste) for his crimes is right but letting his accomplices, crime partners ( belonging to dominant castes ) free is not right.

Now many state governments have unscientifically declared people of dominant castes as backward castes and granted them reservation benefits even crossing 50% reservation cap by SCI. There are many families of reserved category where both parents are government employees and getting more than one lakh rupees monthly salary , still government declares them backward and their son gets fee waiver , scholarships , etc in college. Whereas a brahmin worker earning three hundred rupees in daily wages is declared as forward caste by government and his son studying in college is denied fee waiver scholarships , etc like his backward class classmate. Unable to pay fees he drops out of college.

Is this the India our freedom fighters struggled sacrificed for ?

Hereby we appeal to Honourable Supreme Court of India :

1. To order government of india and state governments to conduct time bound transparent people census.

2. To annul all discriminatory reservation acts by government.

3. To order government to base it's affirmative policies on actual conditions of people irrespective of caste or religion.

4. To limit reservation benefits only once to a family. Father gets job on reservation quota again his should not get job on reservation instead a person of same reserved category who have not got reservation benefits earlier should get it.

5. To provide equal opportunity for every person irrespective of caste or religion in all spheres.

Your's sincerely

Nagaraja M R

SC to examine validation of 10% quota to poor in general category

The bench said that they are examining the matter and hence issuing notice returnable within four weeks. However, they did not stay the operation of the Centre's decision granting quota to the poor in the general category.

The Supreme Court on Friday decided to examine the Centre's decision to grant 10 percent reservation in jobs and education to poor candidates belonging to general category. A bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna issued notice to the central government on various petitions challenging the validity of the Constitution (103 Amendment) Act, 2019, which paved the way for grant of quota to poor belonging to general category. "We are examining the matter and hence issuing notice returnable within four weeks," the bench said.

The bench, however, did not stay the operation of the Centre's decision granting quota to the poor in the general category. In the poll year, the Narendra Modi government had come out with the constitutional amendment bill giving quota benefits to the poor among general category candidates.

The petitions were filed by parties including organisations like Janhit Abhiyan and Youth For Equality challenging the Centre's decision. The petition, filed by Youth For Equality, has sought the quashing of the bill saying that the economic criterion cannot be the sole basis for reservation.

The plea has said the bill violates basic feature of the Constitution as reservation on economic grounds cannot be limited to the general categories and the 50 per cent ceiling limit cannot be breached.

A similar plea has been filed by businessman Tehseen Poonawalla seeking to quash the bill, saying that backwardness for the purpose of reservation cannot be defined by "economic status alone". The quota will be over and above the existing 50 per cent reservation to SCs, STs and Other Backward Classes (OBCs).

Lok Sabha and Rajya Sabha cleared the Bill on January 8 and 9 respectively and it has also been signed by President Ram Nath Kovind.

Editorial : BAN Caste based Reservation to rich dalits

- Rich must not enjoy at the expense of poor

Basic tenet of our democratic governance and of our constitution is EQUALITY & EQUAL OPPORTUNITY to all Indian citizens.

Reservation policy was intended as a short term measure to correct historical injustice to dalits.

Basic principle of criminal justice stipulates you cann't hold a grandson liable for a murder committed by his grandfather a century ago and punish the grandson now.

In the name of correcting historical injustice to dalits , even after extending reservation benefits for 75 years , goverment is practicing apartheid policy. Government is forcefully suppressing a class of citizens so called forward caste people. This is against basic tenet of constitution of india.

These suppressed forward caste people are truly “ NEO-DALITS".

In a running race boys who have practiced hard for years are running in the race sincerely , meanwhile organisers of racers tweak the rules of the game to few participants, gives them motor bikes. Naturally boys on bikes will cross finishing line first than boys on legs. Finally organisers declare boys on bike who crossed finishing line first as the winner. This is exactly what government is doing since 75 years by reservation policy. Is it fair ? Is it not illegal, against constitution? Right way is instead of giving bikes to those boys running training must be given to them. Finally race must be on a level playing ground.

Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 75 years government is suppressing us in the name of forward caste. It is illegal , unconstitutional, violations of constitutional rights , violations of human rights. Now 50% of jobs , seats in educational institutions are divided between SC , ST , OBC, MUSLIMS & minorities totally neglecting poor of all castes & religions. Some of the OBC groups were part of ruling dynasties never faced any social persecution and now with political clout got themselves as backward and enjoying reservation benefits. Whereas Muslims are in majority in Jammu Kashmir , Kerala and Christians are in majority in Kerala / North Eastern States still they are enjoying reservation benefits wrongly as minorities whereas real minorities hindus in those states are getting none of the benefits. We citizens of india as tax payers has right to decide how our tax money is spent by government. We don't want our hard earned money to be wasted on unfit rich people rather we want it to be rightly spent on poor dalits poor hindus poor muslims poor minorities poor OBCs. Within 50% reservation quota 10% must be reserved for poor irrespective of caste, religion. Within a definite time frame caste based reservation must be replaced with poverty based affirmative action. Our Constitution framers Dr.Baba saheb B R AMBEDKAR themselves have fixed 10 years timeline for reservation but our short sighted power hungry politicians have extended it beyond 75 years. Laws should be dependent on present facts not history alone. As the time changes, social scenario changes in sync with time laws must also change must be amended. Then alone country , it's people can prosper.

- Hereby, we request Honourable supreme court of india:

1. To identify all citizens suppressed by government in the name of forward caste as “ NEO-DALITS”.

2. To legally punish the public servants who extended reservation policy for 75 years much against the wishes of constitution framers.

3. As a first step fix economic cut off point to separate creamy layers of dalits , OBCs , minorities from reservation benefits.

4. Second step keeping the same economic cut off point identify poor , needy in other castes also and extend the reservation benefits to them also on an equal footing.

5. Finally down the line scrap all caste based reservations instead income based affirmation policy must be brought in. Instead of declaring a person with low marks as passed, selected against many other talented , struggling persons, that low scoring person should be given free coaching facilities, free hostel, fee waiver, etc. But exam rules , selection rules must be same for all.

6. Still if goverment continues with it's crimes of suppressing neo dalits and if apex court also aids the goverment, both of them become criminals.

7. 10% reservation must be accommodated within 50% reservation pie of jobs, seats in educational institutions.

8. Give minority reservation benefits to hindus in jammu kasmir, kerala, north eastern states where actually hindus are in minority whereas muslims Christians are in majority.

9. Fix a definite time line for removal of caste based reservation and it's replacement with poverty based affirmative action.

10. To stop persecution , human rights violations, fundamental rights violations of sections of society falsely declaring all of them as forward.

11. To clearly specify the parameters for declaring a person as backward or forward or minority or oppressed.

12. To remove the forwards among so called backwards, minorities from reservation benefits.

PIL – Ban Caste based Reservation to Rich Dalits Muslims OBCs

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2021

IN THE MATTER OF

NAGARAJA . M.R

editor , DALIT ONLINE ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka ,

Honourable Pricipal Cabinet Secretary , GOI & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Dalits & backward caste people have suffered innumerably for centuries at the hands of forward caste people. It was nothing but APARTHEID policy.

Muslims and other people whoes numbers were minor also suffered persecution.

Our constitutional framers to provide equal opportunity to all indian citizens gave certain transient measures like reservation in schools , college , jobs , etc to these persecuted people.

Now even after 75 years of independence & reservation , affirmative policies of government still many dalits , minorities are suffering. Creamy layers of dalits , muslims with political connections have over used , reservation benefits to the maximum denying their own dalit , muslim brothers , sisters of reservation benefits. Few well connected dalit families have over used reservation benefits multiple times , while many poor dalit families have not used reservation even once. Few Scheduled Tribe communities & other backward caste communities didn’t face any social boycott at all in the past. Some of those communities were actually rulers / royals. Still due to political connections now those few ST & few OBC communities are enjoying reservation . As a result few dalits , muslims have become well educated , rich while their poor brothers suffer in ghettos , slums.

In few dalit families both father & mother are in government service based on reservation , has taken fast promotion on reservation , both sons got education on reservation and even got government jobs on reservation. Still that family wants residential site under reservation quota , school seat for grandson under reservation , how is it justified ?

Reservation benefits are provided by public coffers – ie hard earned tax payer’s money belonging to all castes & religions. That money must be properly used to correct historical wrong. Reservation benefit must be given only once to a family , the family member who uses that benefit to get education & appointment reaches a stage of financial independence. In turn that family member must personally spend towards uplifting his other family members instead of relying on government support.

The castes & tribes which didn’t face any social ostracism but enjoying ST & OBC benefits by political connections must be removed from those categories. The poor among those castes & communities must be given financial support for education , self employment , etc based on economic criteria. In this way reservation fund will be preserved & that saved money can be used for other poor SC / ST / OBC / Minority families. So that all SC / ST / OBC / Minority family will come up fast in society.

Private sector which enjoys loans , subsidies , other benefits from government , public banks are not bound by reservation policy , are not bound by social obligation to provide reservation to dalits & muslims.

Successive governments are indirectly segregating people with new names & using them as vote banks. Affirmative actions of government are creating inequalities in society, while constitution of india mandates to treat all citizens as equals.

Basic tenet of our democratic governance and of our constitution is EQUALITY & EQUAL OPPORTUNITY to all Indian citizens.

Reservation policy 4was intended as a short term measure to correct historical injustice to dalits.

Basic principle of criminal justice stipulates you cann't hold a grandson liable for a murder committed by his grandfather a century ago and punish the grandson now.

In the name of correcting historical injustice to dalits , even after extending reservation benefits for 75 years , government is practicing apartheid policy. Government is forcefully suppressing a class of citizens so called forward caste people. This is against basic tenet of constitution of india.

These suppressed forward caste people are truly “ NEO-DALITS".

We as citizens of india as tax payers has right to decide how our tax money is spent by government.

- Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 75 years government is suppressing us in the name of forward caste. It is illegal , unconstitutional, violations of constitutional rights , violations of human rights. Now 50% of jobs , seats in educational institutions are divided between SC , ST , OBC, MUSLIMS & minorities totally neglecting poor of all castes & religions. Some of the OBC groups were part of ruling dynasties never faced any social persecution and now with political clout got themselves as backward and enjoying reservation benefits. Whereas Muslims are in majority in Jammu Kashmir , Kerala and Christians are in majority in Kerala / North Eastern States still they are enjoying reservation benefits wrongly as minorities whereas real minorities hindus in those states are getting none of the benefits. We citizens of india as tax payers has right to decide how our tax money is spent by government. We don't want our hard earned money to be wasted on unfit rich people rather we want it to be rightly spent on poor dalits poor hindus poor muslims poor minorities poor OBCs. Within 50% reservation quota 10% must be reserved for poor irrespective of caste, religion. Within a definite time frame caste based reservation must be replaced with poverty based affirmative action. Our Constitution framers Dr.Baba saheb B R AMBEDKAR themselves have fixed 10 years timeline for reservation but our short sighted power hungry politicians have extended it beyond 75 years. Laws should be dependent on present facts not history alone. As the time changes, social scenario changes in sync with time laws must also change must be amended. Then alone country , it's people can prosper.

2. Question(s) of Law:

Why not LIMIT reservation only once to a family that too only one family member ? Why NOT limit reservation to only poor among SC / ST / OBC / Minorities ?

3. Grounds:

Request for proper use of reservation funds to needy.

4. Averment:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to limit reservation benefit only to needy among SC / ST / OBC / Minorities.

b. to give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc only once , only one benefit that too to only one family member. This avoids a single dalit with political connections using multiple reservation benefits and same family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring up his other family members. This way reservation benefit will reach other poor dalit families who have not received a single reservation policy benefit.

c. to order government to stop appeasing one minority community by subsidized pilgrimage , marriage support , etc while denying the same to other community.

d. The intent of our constitutional framers was to bring oppressed on par with forward caste people towards a dignified life but never to put them above others crushing , oppressing poor forward caste people. This goes against constitution & creates new way of APARTHEID & new outcasts.

e. to order government to enforce reservation policy in job , school seats , to private sector also.

f. To extend financial aid , educational aid benefits on par with SC / ST / OBC / Minorities to all economically weak weak people irrespective of their castes , religions.

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to legally enforce Uniform Civil Code.

c. to order government to stop appeasing one minority community by subsidized pilgrimage , marriage support , etc while denying the same to other community.

e. to order government to enforce reservation policy in job , school seats , to private sector also.

f. To extend financial aid , educational aid benefits on par with SC / ST / OBC / Minorities to all economically weak people irrespective of their castes , religions.

g. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

Hereby, we request Honourable supreme court of india: