INDIA : Is Fundamental Right to Equality a Myth?
The Right to Equality is a fundamental right enshrined in the Constitution of India, which forms the bedrock of the country’s legal and political framework. This right is articulated in Articles 14 to 18 of the Indian Constitution, and it is a cornerstone of the larger concept of justice and fairness in society.
- Article 14: Equality before the Law
- Article 14 guarantees equality before the law and equal protection of laws to all persons. It implies that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
- Article 15: Prohibition of Discrimination
- Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It empowers the state to make special provisions for women and children and for socially and educationally backward classes.
- Article 16: Equality of Opportunity in Public Employment
- Article 16 ensures equality of opportunity in matters of public employment. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them.
- Article 17: Abolition of Untouchability
- Article 17 declares the practice of untouchability as unconstitutional and abolishes it in all forms. The enforcement of any disability arising out of untouchability is an offense punishable by law.
- Article 18: Abolition of Titles
- Article 18 prohibits the state from conferring titles, and no citizen of India can accept any title from a foreign state without the consent of the President. This provision aims to promote equality by discouraging distinctions of honor based on titles.
These articles collectively reflect the commitment of the framers of the Indian Constitution to create a just and egalitarian society. The Right to Equality not only guarantees equal treatment before the law but also endeavors to eliminate social and economic inequalities. The concept of “positive discrimination” is embedded in Article 15(4) and 16(4), allowing the state to make special provisions for the advancement of socially and educationally backward classes.
Origin of Reservation:
The fundamental right to equality, as granted by the Constitution of India, is a cornerstone guiding all legislations. However, paradoxically, the Indian government and judicial system, in the name of development, endorse reservations for lower castes. It is noteworthy that these castes were originally categorized as such by the British to sow division within Indian society and assert dominance.
Dr. B R Ambedkar initially proposed the reservation system for a period of 10 years with the intention of assisting economically disadvantaged individuals who lacked access to resources for a better life, thereby promoting societal equilibrium. However, over time, the reservation system evolved into a highly sought-after and influential tool exploited by self-serving Indian politicians who perpetuated it to further their personal agendas and stay entrenched in the political system. Over the years, some politicians, under the guise of the reservation scheme, amassed wealth, while the intended beneficiaries continued to grapple with poverty, leading to a stark contrast in socio-economic outcomes.
Many individuals exploit the name of Dr. B R Ambedkar to further their own agendas against Brahmins. It is noteworthy, however, that Dr. B R Ambedkar himself acknowledged the influence of a Brahmin teacher, Mahadev Ambedkar. Those who conspire to exploit the innocent poor often perpetuate hatred against Brahmins, despite the historical and significant contributions that Brahmins have consistently made to society.
Why Bhramins are Targeted First in India?
To subjugate any community, it is crucial for invaders to strategically target the educational institutions and knowledge reservoirs of that community. Brahmins have been pivotal in shaping an advanced and efficient educational system since time immemorial.
It has often been overlooked that Brahminism is not merely a caste designation; rather, it represents a profession intricately linked to the most vital organ of our body—the brain. Unfortunately, many individuals fail to delve into the factual information, such as the absence of a caste system explicitly mentioned in the scriptures or texts of Sanatan Dharma. The ancient writings primarily emphasize the identification of individuals by their professions, without assigning any hierarchical value to these vocations.
It is crucial to recognize that no one profession was considered superior or inferior to another, with each occupation holding its unique significance in both individual lives and societal structures. However, the understanding of these nuances tends to elude people as they seldom conduct thorough research into such historical and cultural intricacies.
Ground Reality of Right to Equality in India:
Regrettably, the principle of the right to equality in India appears to be confined to academic textbooks, as instances of glaring inequality persist at every turn. Even within the realms of the judiciary and government, overt endorsement of inequality is observed, despite professed commitments to the ideal of equal rights.
For instance, in the context of government job examinations, all candidates receive identical exam syllabi, question papers, allotted time, and answer sheets. However, the paradox arises when candidates with SC/ST certificates are deemed to have passed the exam by scoring a mere 35 marks out of 100, while their counterparts in the general category fail with 40 marks out of 100, as the cutoff for general category candidates is set at 50 marks out of 100.
Similarly, disparities are evident in the realm of education. Students securing admission to government colleges with SC/ST certificates pay a nominal fee of 10,000, regardless of the socio-economic status of their parents, even if they hold prestigious positions such as Class 1 officers, IAS or IPS officers, or ministers. Conversely, students from the general category are charged a significantly higher fee of 80,000, irrespective of their parents’ occupation, which may include labor, lower-middle-class professions, or driving occupations. This dichotomy underscores a disconcerting incongruity between the professed commitment to the right to equality and the practical implementation of policies.
What can be done to Tackle Inequality in the Name of Reservations in India?
Firstly, the principle of the reservation system should be realigned to consider the economic conditions of individuals rather than applying a blanket cover to those possessing SC/ST certificates.
If the argument is made that SC/ST individuals are economically disadvantaged and, therefore, merit concessions in examination cut-off marks, this assertion is deceptive and a weak justification intended to mislead. If economic constraints are indeed the underlying issue, the government should concentrate on providing resources to those in need, extending assistance not exclusively to individuals with SC/ST certificates but to every family or individual with significantly low earnings.
Uniform cut-off marks should be established for all job exams and admissions in schools/colleges, eliminating separate cut-offs based on categories. This practice inadvertently fosters the perception that achieving 50 marks is unnecessary; instead, individuals believe that scoring only 35 marks is sufficient, leading to the neglect of those who could perform better.
The emphasis should be on providing resources to all economically disadvantaged individuals rather than relying on lower cut-off marks and increased assurances.
Conclusion
In conclusion, reservations/concessions of such kind are contributing to inequality and demoralizing individuals who excel and perform admirably but find themselves overlooked. Conversely, those scoring lower are availing all the opportunities. This contradicts the concept of equality enshrined in our constitution. Equal opportunities should be based on merit, ensuring that the most talented individuals enter the system, thereby contributing to the development of our country and society. It is imperative for people to initiate a call to repeal the provision of reservations and address such inequalities in India.
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