http://www.nagalandpost.com/Opiniondesc.asp?sectionid=49817

Reservation Policy or Discrimination Policy-

The concept of reservation has once again brought to the limelight of
state politics, after so many years of its implementation the
reservation policy has reached a stage where both its supporters' and
its critics are unhappy about it. The founding fathers of our
constitution wished to secure socio, economic, and political equality
for all citizens of the country. However keeping in mind the caste
ridden society and its diver's ethnic, social, cultural indifferences,
it was realized that this objective could not be achieved unless
special protections were provided specially to disadvantages groups,
therefore many provision were incorporated in our constitution to
uplift disadvantages groups. In the post independent, instead of
undertaking a series of welfare measures required to solve the
problems of unemployment, illiteracy and poverty, special assistance
were given in the name of reservation as a result in many cases,
politicians implemented the policy as a vote banks. These are some
reasons directly or indirectly lead to the emergence of coalition
govt. and govt. instability in the country. If we look into some
important constitutional safeguards for the advancement of backward
and weaker sections like Art 15(4), 16(4) (5), 46, 335 and 340. Art.46
(D.P). It is the state's responsibility to promote education, economic
interest of S.C., S.T. and "WEAKER SECTION' Art. 340 appointment of
backward commission to investigate the condition of backward classes
in regards to socially and educationally backward group. Here the term
"Backward" is used to describe all the weaker sections of the society
that includes S.C., S.T., and OBC. The tenl1 'other' was added only to
distinguish this category from 'Dalits'

Reservation policy and its implementation in our state: According to
the present form of reservation policy there are only two groups of
people. One labeled as upper class or ruling class and the other as
backward tribe. The former consist of few tribes - Sumi, Lotha etc.,
etc. and the later consist of the remaining tribes - Chakesang, Phom
etc. etc. As a result those tribe that comes under backward category
enjoys the benefits of reservation in competitive exams, govt.
employment, service promotion etc. If we look into the reservation
policies in other states, as well as in centre, it is not surprising
to see some sections of Muslims are included in the backward category
to get the benefit of reservation, inspite of the fact that they
(Muslims) have ruled India for many centuries, The High Court in its
earlier judgment has asked the backward class commission to pick the
backward section among the Muslims and not the whole community. So
also MandaI commission had already included a few sections of Muslims
community among backward category, Coming back to our state
reservation policy, the so called upper class that consist of few
tribes are excluded from the benefit of reservation. Here the question
is, Do all the section of this tribe are ruling class? It is a matter
of common knowledge that some sections of the people of this ruling
tribe lived under pathetic condition and are deprived of amenities
like aid, economic package and reservation benefit by virtue of being
ruling tribe. Therefore, the present reservation policy can not be
treated as equal or justified. Infact thorough examination, especially
in remote areas in regards to literacy rate, ratio of government
employment, their representation and its social condition will help in
uplifting the poor and disadvantage group in our society.

"CREAMY LAYER": According to Supreme Court judgment 1992 within
backward class or caste, those economic advancement is so high that is
necessarily economic advancement and those who have occupied certain
post of high social status should be excluded from getting the
reservation benefits meant for O.B.C. This has been described as rule
of exclusion based on "creamy layer" concept. On October 19' 2006
Supreme Court have ordered that more affluent and privileged termed as
creamy layers among that S.C., S.T. quota beneficiaries should be kept
out of the reservation in govt. jobs and education. If we look into
the present scenario in our state and as far as my knowledge and
personal interaction is concern some affluent and privilege people so
called the creamy layer among the backward tribes feel that they need
no reservation, but by virtue of being that particular tribe they
enjoys the benefits of reservation. On the other hand as mention
earlier, many section of our people among the general category are
residing in remote areas without basic amenities and bringing them
into the equal footing to that of many creamy layer among the backward
tribe cannot be justified on any ground. Is not this reservation and
discrimination becomes two sides of the same coin? The reservation
policy has failed to percolate deep down on those in dire need of such
reservation. The benefits have been availed and re-availed by only
small cross-sections of the backward communities. Reservations have
infact become the basis of discrimination. To quote, Swami
Vivekananda, "the solution is not by bringing down or depriving the
higher, but by raising the lower up, to the level of the higher. The
lower can only be lifted if they are given education". The reservation
policy should be available to only those people who need reservation.
Therefore, thorough study of reservation policies and its
implementation need to be done and if needed, amendment and
rectification of the existing reservation policy should be done. Only
then, we can march together as a strong and undivided Nagaland.


Vihepu Sumi,

Purana Bazar, Dimapur

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