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Final Affirmative Action RP-2
Final Affirmative Action RP-2
com
2022, Vol. 6, No. 4, 2601 – 2612
Abstract
This paper attempts to understand and analyze affirmative action policy in India. It
highlights both the support and opposition from different sections of the society for
the implementation and continuation of these policies in India. Affirmative action
primarily helps societies to remove existing disparities based on caste, race and socio-
economic conditions. It also has positive implications for the increase in literacy rate,
improving the standard of living of individuals, and strengthening welfare measures of
economically weaker sections. In recent years, the limits of affirmative action policies
towards collective empowerment have resulted in their critical evaluation. The paper
deals in detail with all these questions.
Keywords: affirmative, discrimination, reverse, meritocracy, castes, socio-economic
firms with vigorous affirmative action plans are effectiveness of affirmative action when an
as profitable as are other firms (Crosby, 2006). individual qualified for a job failed to apply for a
job. In the study, the researcher evaluates the
Apart from the above, the benefit of effectiveness of affirmative action after taking a
diversity can be measured in terms of reduction case of gender quota in such an environment
in racial biasness, developing immense where high-performing women fail to access the
leadership skills for guiding future generations competition they can succeed and shows that
and developing intense ability to understand the guaranteeing women representation increases
perspective of other groups resulting in their entry. It is established that change in
involvement in political affairs. Overall, an probability increases the willingness of women
abundance of support demonstrates that a to compete against the other. The results of the
systematic policy towards the representation of affirmative action in the study are significant to
historically excluded groups in educational prove that encouraging underrepresented groups
sectors and workplaces is benefiting in many to participate where they have no access
ways including bolstering our educational and increases their participation and open new
workplaces experiences. opportunities for them.
2.2.2 Opportunity Oriented: 2.2.3 Promote Social Mobility:
Affirmative action ensures that there is Social mobility is the transition of
no deviation of a general principle of natural individuals and groups of people within or
justice which enable equal opportunity for all as between social strata in a society that is low-
enshrined in our Constitution of India. income group to middle-income group and so
Affirmative Action creates an atmosphere of on. Particularly, it is a change of social status
opportunity where people belong to scheduled relative to one's current social location within a
castes, scheduled tribes, other backward classes given society. For sustainable development of
and weaker sections of society, women any economy, social mobility is required
candidates, minority applicants, senior citizens otherwise low social mobility not only disturb
and persons with special needs will get an the growth of the economy but also puts social
opportunity to get job/admission for which they cohesion and reduce the chances of people
might not be considered. The authors after using democratically participating in the society.
logit model analysis and the India Human
Development Survey (2011-2012) data Affirmative action promotes social
established that implementation of reservation mobility in the society by reserving the seats for
policy in government jobs increase the chances low-income groups in educational as well as
of inclusion of candidates belonging to public employment because of which low-
scheduled castes, scheduled tribes, and other income groups students after so much barrier
backward classes. This increase in chances over gain access to higher education and public
the upper-castes is the result of a higher employment. After access to a high quality of
probability of representation arising out of education as accessed by affluent sections, they
controlling for individual and household complete their education at higher rates and earn
characteristics (Kumar et al., 2020). as much as other sections are earning. As a
result, low-income students increase their
It is always stated that affirmative action chances to break the shackle of poverty and step
is the cause of reverse discrimination and the into the middle class. This movement of people
individuals hired under the policy are not from the low-income group to the middle-
qualified as required for the job. But the fact is income group is the essence of every developing
that reverse discrimination depends on whether country for becoming a developed country.
the right person is appointed or not. In a true Then, in India's context, affirmative actions are
sense, affirmative action can compensate for the not only required to give equal opportunities,
biases of the selection of candidates (Niederle et social justice, extend benefits to
al., 2013). This paper put the question on the
unrepresentative categories, etc., but also the form of regulations as implemented in India, not
need of the economy for overall development. only increase the representation of historically
discriminated groups but change the attitude
In one of the studies, it is concluded by towards the disadvantaged group, eradicating
the author that reservation is an indispensable prejudiced views about the disadvantaged group
subject of society in the Indian context. After from society, improving the skills of a
analyzing the data in the study, it was disadvantaged group, etc., (Miller, 2019) which
emphasized that affirmative actions in the form is corroborated its continuation in the present
of reservation policies, as implemented in India, regime.
should be continued because after getting
representation by these policies, underprivileged
3. Castes, Constitutional Perspectives
people getting benefits in various fields such as
and Implementation of Affirmative
in education, in politics, in public employment
Action in India
which help them to improve their social status
(Baljinder Singh and Neeraj Kumar, 2015). 3.1 Beneficiaries of Affirmative Action:
The society was divided based on
2.2.4 Improve Literacy Rate: hereditary groups (known as castes) by the
Indian castes system (Shah, G., H. Mander, S.
Overall, affirmative action is a system Thorat, S. Deshpande, 2006). These divided
that has permitted historically neglected groups groups are generally known as scheduled castes
to access education and represent them in public and scheduled tribes. The people belonging to
employment and legislative assemblies. These the category of scheduled castes are the victim
neglected are classified as scheduled castes, of discrimination which is faced by them in the
scheduled tribes and other backward classes. past in terms of social exclusion and limited
Recently, a new category emerged, namely, opportunities to access education and
weaker sections of the society, which are also employment. Apart from the above, there is also
entitled to get benefits of affirmative actions. a category known as scheduled tribes and the
These groups have been victims of long-faced people belonging to such castes are very much
discriminatory behaviour including exclusion, different in terms of lifestyle because this is
segregation, poverty and scarcity of resources. always considered as the most backward
Preferable treatment for these categories community (A. Deshpande, 2005). Due to the
especially in admission in the form of living area of STs in remote and far-flung areas,
affirmative action, attempt to provide remedy to it is very difficult for them to access their basic
these inequalities. The educational institutions needs.
are encouraged to adopt the practices to motivate
them to enroll which improves the literacy rate
In addition to the SC/ST, socially and
of the country. There is a relationship between
economically backward classes are existing in
enrolment in schools and affirmative action.
the society which is designated as backward
This relationship granted easy access to higher
classes (BC). This backwardness is determined
educational institutions to the minorities and
on the basis of educational backwardness and
encouraged them to continue their education for
traditional occupations of these castes. Recent
a better future. An increase in enrollment has
development has been taken place in the society
made a positive result in our economy and
for dividing the society into one more group,
expanded the scope of affirmative action for the
who are also eligible to get the benefits of our
benefit of developing countries (Khanna, 2020).
affirmative policies for which our authorities
reserve 10% seats in education and public
Affirmative action combats the effects
employment. This new emerging group is
of discrimination by allowing educational
known as the Economically Weaker Section
institutions, the public sector and legislative
(EWS).
assemblies to represent the underrepresented
groups adequately. Affirmative actions in the
Similar reservations are also given in local rights of SCs/STs/OBCs in the matter of
bodies at the district/village level (Kaur, 2018). recruitment/promotion and others arising out of
For instance, the Congress (I) in Maharashtra for them. These commissions have the same power
its political success has long relied on backward as empowered Civil Courts to make a summon
classes. Since the 1990s, it has been seen in of enquiry. Since 1950, the annual report of
some cases where the success of political parties these commissions has been discussed in the
is primarily relying on the support received from parliament every year.
backward classes, generally in alliance with
Muslims and Dalits. Janata Dal governments in The government has entrusted the
Bihar and Karnataka are suitable examples of responsibility for the all-around development of
this strategy. In 1993 Samajwadi Party under the people belonging to SC/ST communities to the
leadership of Mulayam Singh Yadav won the Ministry of Social Justice and Empowerment
assembly election of the most populous state of and the Ministry of Tribal Affairs through the
India, Uttar Pradesh after getting support from implementation of various schemes related to
backward classes and Muslim in a coalition with their socio-economic development of them.
the Dalit-supported BSP (Verma, 2019). There is also a provision of the Committee of
Parliament on Welfare of SCs and STs
There are some more examples of comprising of SC and ST members of
political parties, which are formed based on parliament, whose main function is to examine
castes, ethnicity, regionality, etc. are the Janata the SCs/STs representation in the legislature and
Party, the Janata Dal, Rashtriya Lok Dal, Biju make recommendations for effective execution
Janata Dal, Janata Dal (Secular), Janata Dal of policies and programmes.
(United), Dravida Munnetra Kazhagam, (DMK),
the All India Anna Dravida Munnetra Kazhagam 4. Socio-Economic Effects of Affirmative
(AIADMK) of Tamil Nadu, the Shiromani Akali Actions
Dal of the Sikhs in Punjab, the National 4.1 Positive Effects:
Conference and People’s Democratic Party of
Jammu and Kashmir, Asom Gana Parishad of i. Improve Social Status:
Assam, Telugu Desam Party (TDP) of Andhra
In our society people are divided into
Pradesh, the tribal Jharkhand Mukti Morcha of
three classes based on their advancement either
Jharkhand, and various small ethnic parties of
socially or economically. These classes are:
the Northeastern rim states, and the Scheduled
high, middle and low. The people who are at the
Castes-based Bahujan Samaj Party (BSP), etc.
top, are considered as high-class people and they
(Rana et al., 2017).
have all the facilities to grow in future socially
3.3 Implementation of Affirmative Action and economically. People in the middle class
in India : are neither low nor high, they under mediocre
and are surviving only good life in society.
The institutions working to ensure the However, the people from the low class are
implementation of reservation policy in a free considered as struggle class who struggle daily
and fair manner are the Department of Personnel to meet the basic necessity of life and people of
and Training (DoPT), the National Commission this class majorly belongs to minorities and
for SCs and STs, Backward Classes disadvantaged group. By giving better chances
Commission, the Ministry of Social Justice and of growth to disadvantaged and minority groups
Empowerment and the Ministry of Tribal by providing reservation through affirmative
Affairs. These bodies are working independently action in higher education and public
in the area assigned to them. The DOPT ensure employment, the policy increases their chances
reservation of SC/ST/OBC/EWS in the format to improve their class from low to middle and
of quota system in public employment and middle to high. It is proved that the origin of
monitor the same. Similarly, the National middle-class Dalit is the result of better
Commission for SCs/STs/OBCs has the power education and employment opportunities granted
to examine the specific complaint about the by reservation policy. Further, the success of
reservation policy can only be measured by the the economy in development by decreasing
number of middle-class Dalits increasing over a death and birth rates. It is proved in one of the
time (Layer et al., n.d.). studies with significant large-sample evidence
that after the affirmative action obligations on
ii. Inculcating the importance of the employer the rate of minority and female
Education among Disadvantaged Students: employees increased in the firm and affirmative
Disadvantaged families fall in low- action considered an effective enforcement tool
income strata due to which they are not in a in creating job opportunities for an oppressed
position to afford the good quality of education group, which played a major role in improving
for their wards. Further, it is seen that the economic position of minorities (Leonard,
disadvantaged groups faced social exclusion to 1984).
access to education and public employment in The development of any economy
the past and still facing the same in society depends on per capita income which can only be
which is somehow degraded their confidence. achieved by reducing the income gap persisting
They know that they will not get a suitable job in the economy. Reserving the seats for socially
after being so qualified for the same due to and economically backward classes in the public
preferential treatment in hiring and reducing the sector employment reduces the income gap that
enrolment of students in school and higher existed between rich and poor and ensures that
studies. However, the affirmative action people from socially and economically
designed for disadvantaged groups to secure backward class earn a respectable salary which
their seats in public employment increases the in turn help them in coming out from the vicious
confidence of disadvantaged groups as well as cycle of poverty. It can be measured with the
encourages them to study to make a better future fact that in the year 1993-94, the percentage of
(Borooah, 2010). backward classes living below the poverty line
iii. Helping Economy to become was reduced from 51.32% to 35.97% in
Developed Economy: comparison to the year 1978-79 (Chopra, 2021).
The main purpose of affirmative action 4.2 Negative Assumptions for Affirmative
is to promote education in society and give equal Action
opportunity to all including oppressed groups to i. Reverse Discrimination:
attend higher education affordably and
equitably. With this purpose, we can say that Affirmative action on one hand
affirmative action is directly contributing to promotes the idea of refraining from the
increasing the literacy rate of any country by activities leading to discrimination based on
allowing all the citizens irrespective of their caste, age, gender, etc, i.e. known as promotion
caste, creed, gender to access education as well of anti-discriminatory activities in the society,
employment opportunities. The role of literacy but on the other hand, leads to discrimination
in attaining the status of a developed country against the group of individual belongs to
cannot be overlooked. If the citizens are more affluent class by giving preferential treatment to
literate, they can understand the importance of the oppressed class. This is the major drawback
education and this understanding also make of affirmative action, which is contrary to the
them eligible to avail themselves of better job concept of equality as enshrined in the
opportunities. It results in the complete Constitution of India. It is resentment from the
development of human capital in the economy majority of people that after enforcing
and increases the standard of living of human affirmative action, it has become very difficult
beings along with per capita income. Further, it for them to get admission or public employment
is required to point out that literate people will due to the fact of a limited number of seats
be more aware of health issues comprising of available for them. Similarly, after getting the
better nutritional and health standards, different benefit of reservation policy formulated in the
methods of family planning, etc., which helps name of affirmative action, less talented people
from minority/disadvantaged groups are getting force us to reach about the unfortunate situation
admission and public employment after lagging of our history.
behind the talented people from the majority
group. Due to this, a situation has come when 5. Does Affirmative Action’s Achieving
the people outside the reservation net are bound Its Objectives?
to think that no matter how good they are at their The objective of affirmative action is to
studies they will not get admission and public give more academic and employment
employment, so why do they study hard? This is opportunities to the group of people who are
the situation when reservations become reverse discriminated in the past based on their socio-
discrimination. economic conditions. Initially, policies under
ii. Lack of Meritocracy: affirmative action were adopted to give justice to
the victim of caste-based discrimination but,
Acquiring status in the society on a thereafter expanded to include backward classes,
merit basis is an important system which is not economic backward groups and
only the group of justifiable progress but also underrepresented gender. It is well-established
motivates capable individuals to place in high fact that the genesis of affirmative action is to
rank in the social ladder so that they can remove the disparity from the society that
contribute more efficiently to the progress of the existed due to caste, creed, race, gender and
society and set an example for others. However, socio-economic conditions and try to place the
with the introduction of affirmative action by underrepresented group at par with the affluent
authorizing the universities and government. group. After the implementation of affirmative
machinery to access the people from minority action in society, the society not completely but
groups in higher educational institutions and to some extent achieved its objective.
public employment keeping aside the fact
whether they are most eligible or not or after Discrimination based on castes persists
overlooking the most suitable people from in society, especially in the labour market and
majority groups, affirmative action may be restricts the lower castes to fully participate in
discouraging meritocracy in higher educational socio-economic activities which is directly
institutions as well as government machinery making an impact on their economic conditions.
(Chopra, 2021). This depletion of meritocracy People from the minority groups are still
may also be seen within the minority group due discriminated against by the majority group
to affirmative action which gives an easy way to based on castes and religions where a set of
acquire education and employment and hierarchy is prepared to make a distinction
discourages them to acquire the same through between lower and upper castes and upper castes
their efforts. are always preferred in allocating the resources.
With this discrimination, there is imbalanced
This is a burning issue on which we distribution of occupation, occupation
need to pay heed because if affirmative action flexibility, less contribution in job and business
through reservation policy will create a by lower castes because of deprivation for
negligible effect on the beneficiaries as well as likeable opportunities and failure in using the
on the majority group who have to face resources efficiently. Affirmative action
competition in the open market to acquire their established self-correct discriminatory behaviour
position, the result can be fatal. In this regard after putting pressure on the society to reserve
two consequences can be taken into account, one seats for underrepresented groups in education
among reserved categories who felt that and employment in the ratio of 15%, 7.5%, 27%
performance and merit are irrelevant and another and 10% the persons belonging to SC, ST, OBC
one among minority groups who felt that they and EWS respectively. The problem of
will get admission and employment through economic discrimination based on castes can be
reservation and this would be a demotivating tackled by economic empowerment and equal
factor in achieving excellence. The absence of opportunity through affirmative action.
meritocracy in education and administration will Affirmative action is the only solution to
eradicate favouritism of upper castes over lower from the public to the private sector where most
castes and involved them in industrial output and of the discrimination persisted (Attewell, 2015).
equal opportunities are to be given to the lower
castes after extending our reservation policy 6. Conclusion
firmly in the society (Thorat & Newman, 2007). It is historically evident that education
and employment are not easily accessible for the
The reason for the introduction of minority groups, therefore, remain vastly
reservation policy as affirmative action in underrepresented in higher educational
society is to compensate for the discrimination institutions and core positions in public
faced by the Dalits in past. Unfortunately, the employment. This discrimination was mainly
reservation policy in its initial phase did not due to the caste-based differences practiced in
fully achieved its purpose as they were not fully the society but as time passes, this
represented in higher education and public discrimination came up with diversified nature
employment hence not reaped the fruits of by differentiating the people also based on their
reservation policy due to the high rate of socio-economic conditions. To combat the
illiteracy, poverty and unawareness. This effects of this discrimination, affirmative action
discrimination was not only felt in their for the upliftment of historically marginalized
positions in society but also in various schemes groups was initially for Scheduled Castes and
sponsored for them. However, as time passes, Scheduled Tribes but later on extended to socio-
affirmative action is imposed legally on the economic backward classes. The affirmative
society and stakeholders also make them aware action enacted by the government is presently in
of their rights in the society, affirmative action the form of reservation policies by granting
achieved its objective. Authorities are now quota to SC, ST, OBC and EWS in higher
more conscious to follow affirmative action and education and public employment. Our
become an indispensable subject in allocating affirmative action is also in conformity with the
the resources as well as education in the society. constitutional provisions under Articles 16 (4),
People especially from reserved classes are fully 15 (4), 330, 332 and 334 wherein citizens have
aware of the reservation granted to them in been granted the right of equality. Affirmative
education and public employment. In the action besides removing disparities existing in
globalized world, one study revealed that the the society based on castes, race and socio-
majority of respondents belonging to the economic conditions, becoming indispensable in
reserved category are getting the benefits of contributing to increasing literacy rate,
reservation and they are in favour to continue as improving the standard of living of an
they are reaping the benefits from this individual, attitudinal change towards minority
reservation policy in various fields such as in groups, welfare measures of economically
education, in politics, in jobs and in gaining the weaker section of society, etc. This is also a fact
social status among the society (Baljinder Singh that people who are not in support of affirmative
and Neeraj Kumar, 2015). action, especially for the quota system, consider
affirmative action as a reverse discrimination
With this view that the people from
towards unreserved categories and compromise
underrepresented groups are placed at par with
with the merit. But as a whole affirmative action
the overrepresented groups in the society
creates a very good impact in the society not in
especially in higher education and public
favour of disadvantaged groups but on the
employment by reserving their seats through
overall development of our society. It's also true
reservation policy in the form of affirmative
that we cannot deny the fact that put simply
action and as well, people from both the groups
affirmative action for ensuring a due share of
are aware of reservation policy and giving due
reserved categories in education and public
share to them, we can say affirmative action is
employment is not sufficient, a time has come
achieving its basic objective. However, it
when we have to review affirmative action as
cannot be denied that much needs to be done
decided at the inception of reservation policy
especially the extension of affirmative action