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The country is being pushed, once again, into a frenzy similar to the one that accompanied the V.P. Singh government?s decision to implement the Mandal Commission recommendations for reservation in jobs for OBCs in 1990.

Published on: May 18, 2006 02:39 AM IST
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The country is being pushed, once again, into a frenzy similar to the one that accompanied the V.P. Singh government’s decision to implement the Mandal Commission recommendations for reservation in jobs for OBCs in 1990. The whipping up of caste passions creates deep rifts in society. With doctors on strike, work at public hospitals has come to a standstill. The judiciary, which moved with alacrity, on occasion, to declare various actions of the working class illegal when it rose to defend its rights, has mercifully chosen to remain silent this time round.

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Passions are being stoked on the issue of reservations for OBCs in educational institutions. It is necessary to briefly recount the sequence of events that has led to this situation. Following certain judgments of the Supreme Court that stated that the policy of reservations can only be limited to government educational institutions, the Parliament discussed the matter in great detail. There was rare unanimity among political parties that the Constitution should be amended to ensure provision of reservation in private educational institutions. The 93rd constitutional amendment inserted a new clause — Article 15 (5) — in January this year. This amendment was passed with near unanimity in both Houses. This, thus, became the law of the land.

Having made the law, it is the duty of the executive, the government, to proceed with the required consequential actions. The amendment states that all educational institutions — private and government — will implement the reservation policy as enacted by Parliament except those considered minority institutions as defined by Article 30 of the Constitution. Following this, there’s a need for a set of rules that will decide on the quantum of reservations, and will also determine the status of institutions being classed as minority.

Strangely, when reservations in jobs was announced in 1990, the outcry of opposition to that also came in the form of suggesting that reservations should first be made in education, so that these sections are made capable enough to fill the quota of reservations in jobs. The argument ran as follows: give a man a fish and he is hungry again tomorrow; give him a rod and teach him how to fish and he is set up for life.

That the same sections today oppose reservations in education speaks volumes of their inherent upper-caste bias. This is further attested by the fact that currently, in an overwhelmingly large number of private educational institutions, there exists the system of admission by paying capitation fee. What else is this but reservation for the rich.

The only ‘merit’ required in this scheme is to have enough money to, literally, buy admission. In some cases (quite large in number), private institutions offer seats to NRIs through what is virtually an auction process. The highest bidder wins. The complete absence of any consideration of merit in these cases is never questioned. Merit, however, becomes an issue when it comes to providing access to those who have been denied education for centuries.

The monetary benefit for private institutions could be massive if this decision is delayed even for a year. During 2005-06, the total intake in private unaided professional institutions (excluding medical colleges) was 514,356. If the reservations for SCs, STs and OBCs is implemented, 50 per cent of these would go into this category.

Legislation also envisages a differential fee structure for these sections. This may mean a reduction by up to 50 per cent of what the general category is charged. At a very low average fee for the general category, say, at Rs 60,000 per annum, income from one half of the 2005-06 intake would then amount to Rs 1,542 crore. The income from the other half of the reserved category would be half of this at Rs 771 crore. With implementation of reservations, the loss for these colleges would be to the tune of Rs 771 crore.

Add to this the annual intake in private medical institutions, which is estimated at a little over 20,000 students. Even if Rs 3 lakh is considered the average annual fee, the implementation of reservations would lead to a loss of Rs 150 crore. The stakes are, thus, very high for private institutes. If reservations in private institutions have to be prevented, then reservations in government institutions of higher education must be opposed to begin with.

Reservations continue to remain a contentious issue rousing passions when various sections vie for their claim of a shrinking cake. If education for all can be provided, then the issue of reservations ceases to be a bone of contention. Until this can be achieved, it is necessary to understand that Indian education has always been afflicted with the perennial quest to seek balance in the eternal triangle — quantity, quality, equity.

While reservations definitely address the issue of equity, the issues of quality and quantity do need to be addressed. There is an urgency to expand State-run educational facilities in order to address the problems of quantity. Simultaneously, expenditures must be increased to provide high-class educational infrastructure to tackle the issue of quality. A holistic approach is an absolute imperative.

However, the issue of equity cannot be kept in abeyance until this balance is brought about. Quantity, quality and equity complement each other and are not in conflict as vested interests seek to deliberately project. The universal support that the 93rd constitutional amendment received in Parliament must be translated into public policy and also into public approval by all the parties.

Affirmative action is often counterpoised as the alternative to reservations to provide benefits for deprived sections. This is a not so subtle subterfuge. Reservations are a part of affirmative action. This is attested by international experience.

The legal protection against discrimination in the US comes in the form of ‘equal employment opportunity laws’. This prohibits private and public employers from discrimination based on any group identity. It also enunciates the principles and methods for judging ‘fair or just participation’ in employment, educational admission or government contract and other spheres. Among various norms, the population share of minority groups forms the basis of fair participation.

Finally, it must be underlined that the need to achieve a balance between quantity, quality and equity in Indian education assumes greater importance considering that 54 per cent of India’s population is below the age of 25. This is India’s future. If this youth can be healthy and educated, it’d be India’s greatest asset in transforming our country into a true knowledge society. India has to rise above merely training personnel to man BPOs and call centres.

The writer is Rajya Sabha MP and CPI(M) Politburo member

 
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