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