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Decoding Reservation in India: Is it a Constitutional Flaw or Unnecessary Favor?

The idea of 'reservation' has generated contradictory views from teachers and students all around the world

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November 12, 2016: The word ‘reservation’ came up with the idea of representative government, where for the first time numbers mattered. The inequality of Indian society has solidified the need for numeric representation. The caste based representation, no doubt created a more confident lower class mass with their greater involvement in the public sphere. Reservation in education has evolved as a major challenge for lakhs of students. Far from providing an equal opportunity it has an electoral agenda. Education has been politicized based on reservation.

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However, the backward class proportion is still underrepresented. Article 15 (1) of the Constitution says, “State shall not discriminate any citizen on grounds of religion, race, caste, sex, place of birth or any of them”, it also provides for compensatory or protective discrimination in favor of certain sections of the disadvantaged people. Article 15(4) of the constitution stipulates that notwithstanding the provision stated above, the state can make “special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes”. Thus constitution itself provides contradictory clause.

The idea of ‘reservation’ has generated contradictory views from teachers and students all around the world. ‘Caste should no longer be the eligibility criteria for reservation, rather income should be’ said HemangoAkshayHiwale, an M.phill aspirant in Jamia Millia Islamia University. Prakash, another student of same university claims reservation as a ‘good thing but in present scenario in India need to be reformed.’

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In August 1999, the Supreme Court ruled that for admissions at super-specialty level in medicine and engineering faculties, no special provisions like SCs, STs, BCs were permissible. Even among the quotas there are also sub-quotas. For example, in Andhra Pradesh, 15% of the seats in each course of study reserved for Scheduled Castes are in turn allotted, in proportion to their population, to four categories of SCs classified as A, B , C and D.

This affirmative step has so far brought with it social justice. US Carnegie Mellon University, published a study in American Economic Review, which shows that reservations do place those who do not qualify for affirmative action at a disadvantage, 53,374 scheduled caste, scheduled tribe, other backward classes and general category students are at a loss.

Reservation in the past decades has increased the numbers of scheduled castes and scheduled tribe families with highly educated members, who can encourage and provide support for younger family members to continue their education. Thus, reservation in education as of now is more of a luxury scheme for these classes as the benefit is only confined to a limited population, whether they need it or not. The real needy ones are at a loss to whom the information or the financial access is debarred.

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Instead of favoring reservation, the government should increase the number of universities and government jobs for the benefit of its people. Nationalization of education can also be a solution to this issue. When the discrepancies within the universities are omitted; i.e. equal access to education without compromising the quality of education the disadvantaged students in remote areas will get justice. The proliferation of universities in villages with good teachers can also be an alternative.

Reservation should not be treated as a vote bank or an emotional quotient but a practical measure to help the lower section of the society. It should be kept in mind that the extended favor to the marginalized section might create an insufficiency for the other classes. With the critical Indian class structure, it should be kept in mind that any reform of upliftment will be judiciously measured before its implementation.

by Saptaparni Goon of NewsGram. Twitter: @saptaparni_goon

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Copyright 2016 NewsGram

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Workplace Harassment – Do I Have a Case?

Professional harassment attorneys can help guide you with confidence through the legal system while ensuring that your rights are being protected

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There are many federal and state laws that protect every worker from different types of harassment inside the workplace. In today’s world it is not just sexually based offenses that are the only discriminatory violations in many places. There are many forms of harassment that can be addressed by employees through an experienced attorney at Shaw Kreizer Trial and Injury Attorneys.

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Discrimination is strictly prohibited in Workplace. Pixabay

If you are experiencing types of discrimination that is making your workplace a hostile environment for you, it is vital that you consult with a professional to review your rights. Discrimination has many forms:

Age                              Sex                              Gender                        Disability

Religion                       Nationality                   Pregnancy                   Right to Work

If you are being denied a job placement, a deserved raise in pay, refused access to services or promotions based on any of these facts, you are experiencing illegal and immoral discrimination. Your value as an employee should not be reflective of any factors other than your work performance evaluations and your value to the company.

The most common and feared issue with filing a complaint about workplace harassment is the fear of retaliation from supervisors or coworkers. No one should fear standing up for their legal rights because of the potential to be cast out as a likely troublemaker. Times are rapidly changing (hopefully for the better) in the modern workplace and we are seeing employee-friendly environments, but it’s not happening fast enough.

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It is important for an employee to be aware of his or her rights. Pixabay

On the darker side of harassment there can be some devastating personal effects from refusing unwanted sexual advancements or suggested perks on the job. These types of incidents are not only highly illegal and rigidly immoral, but they can cause serious damage to their targets. Imagine not wanting to go to work for fear of being groped, humiliated or even fired for not participating in sexual favors for a superior.

Also Read: 10 Facts About The Most Famous Defense Lawyer of India

Each employee has the right to not only file a complaint in-house, but to also consult a professional harassment attorney to make them aware of their legal rights. In these types of cases, you can file for damages covering the suffering that these acts have caused you. Damages can cover things such as:

  • Lost wages from wrongful dismissal
  • Missed time due to fear of a toxic workplace environment
  • Loss of benefits
  • Loss of holiday pay/time
  • Punitive damages

There is no one, male or female, of any race or religion that should fear going into their workplace because of the immoral way that they are being treated. Not only can it have long lasting effects, but it can negatively affect the entire workplace environment.

If you are uncomfortable going in to work, if you have been denied basic rights in your workplace because of a filed complaint or if you have been inappropriately interacted with especially by a superior, you may have a case for a harassment suit.

All workers are entitled to basic rights under the law. Pixabay

Professional harassment attorneys can help guide you with confidence through the legal system while ensuring that your rights are being protected. Dealing with harassment issues in the workplace can be a lonely and intimidating road to walk alone, so get yourself some guidance from professionals that have your best legal and personal interests in mind.