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The
reservation policy of the Government is
unconstitutional and is liable to be struck down
by the Supreme Court of India. Instead of
classifying the weaker sections as SC/ST/OBC,
the classification should proceed on the lines
of “survival and basic need requirements”. For
instance, a SC who is capable of maintaining a
grand and luxurious life should not be
considered to belong to weaker section. If we
adopt a different approach, which unfortunately
India is adopting presently, that would be not
only against common sense but will bring unjust
and absurd results. On the contrary, if a person
belonging to “higher caste” is starving to
death, then it is difficult to appreciate why he
should not be brought under the protective
umbrella of State’s generosity. Thus, the
priority of the State should be guided by
“survival requirements” and not be “labeling
theory”. The labeling theory is primarily
advanced to maintain and preserve the “vote
bank” and it is devoid of any humanistic and
social justice requirement. The primary aim is
to woo voters, so that a stake and share in the
supreme governance of the country can be
snatched.
The requirements of the present scenario mandate
abolition of reservation, supplemented by
positive efforts for achievement of “basic needs
and survival mandate” of people of India at
large. The matter ultimately boils down to a
choice between Article 21 of the Constitution on
one hand and the undesirable requirements of
reservation on the other, i.e. between basic
needs and reservation. We can afford to allow
unemployment to exist if we can feed our entire
population. But we cannot afford to allow even a
single person to die of hunger, much less by
committing suicide due to starvation, by giving
priority to job reservations to weaker sections.
The basic needs and survival requirements are
most important and must be dealt on a priority
basis. In between basic human needs and
emancipation of the weaker sections, we must
consider the larger public interest. The
interest of the nation as a whole should be
considered and wherever there is an
irreconcilable conflict between the priorities
of basic human needs of the society at large and
the reservation in favour of the weaker
sections, the latter must give way to the
former. Once this target is achieved the next
step should be to develop the overall
personality of the human resource so that all
the problems associated with them are
automatically resolved. The strategies adopted
so far are not in conformity with the
aspirations of the Constitution of India. It is
difficult to understand how human resource in
India can be developed by extending the benefits
of reservation to the “creamy layers” of certain
“declared weaker sections”. It is further
against common sense to believe that human
resource can be developed in India by those
strategies particularly in the absence of any
effort whatsoever for the overall development of
India. One can simply understand that if the
entire population of India is primarily targeted
for developmental purposes, then the so called
weaker sections would be automatically
emancipated. It is difficult to understand why
only few have been s
Thus, our resources and energy, even if claimed
to be limited, should be primarily directed
towards emancipation of human beings rather than
emancipation of weaker sections as is popularly
understood. Fortunately, the Constitution of
India is capable of this sort of development
drive, but only the time will tell when the
“sleeping giant” known as India will wake up to
its call.
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