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| Apropose to the Article "Restructure Reservation Policy" | | | Prof Kali Dass
Reservation in J&K under Dr.
Justice Adarsh Sen Anand
Committee report of Sept. 1977 is totally illegal and unconstitutional in view of the Supreme Court's Judgment of 1992 on Mandal Report.
Respected author has not gone deep into the reservation matters. Why reservation and to whom the reservation? This is to be understood. In India, since centuries in the past, there prevailed a system called Chauterverna System, which means the whole society was divided into four vernas viz. (i) Brahmans (ii) Kashataryas (iii) Vaishas & (iv) Shudras. The first three Varnas were given the 100% reservation in education; 100% reservation in ruling and land ownering; 100% reservation in business respectively but the Shudras had no right of education and no right of land possession. They were asked to serve the upper three varnas with no protection rights of livelihood. First three vernas had automatically their sources of livelihood through their reservation system except the Shudras. Shudras were further divided into two, the touchables and un-touchables. Un-touchables could get their reservation according to their population as a result of Dr. Ambedkar's sacrifice for communal Awrad and M.Gandhi agreed for the reservation called Poona Packet in Jerdera Jail where M.Gandhi was on fast till death.
The bases for reservation were the social, the educational and the economical backwardness. Those who were called Shudras, having no right of education; no rights of holdings and since they had no source of income, hence economical poor were called backwards. The higher the caste; the richer the man, and lower the caste, the poorer the man.
All types of sources of Shudras were cut off under a great conspiracy for which Dr. Bhim Rao Ambedkar struggled a great for the rights of the Have nots.
Schedule Castes & Schedule tribes could get reservation but other backwards classes who were promised under Art. 340, could not get their due share till 1990 because of Pt. Nehru's anti-OBC Policy but former P.M Lt. V.P Singh came as a crusader for the country's OBCs and granted 27% reservation. This due share was challenged by the upper castes supported by Congress and Bhartia Janta Party but Hon'ble Apex Court granted what V.P. Singh did in 1992.
In view of Apex Court's Judgment of 1992 on Mandal Report Anand Committee report automatically stood rejected. But treacherous respective state rulers, mainly N.C which was ruling in the state kept the State OBCs deprived from their due share of 27% and Anand Committee is still in fore with 2% share to OBCs who form 60% of the state population. Congress was already against this Quota because at that time Mr. Rajiv Gandhi consumed atleast ten glasses of water to complete his anti-Mandal speech in parliament. In the state OBCs decided to uproot the N.C & Congress regime in which they succeeded in the just concluded Lok Sabha / Assembly Elections.
Reservation in the State to RBA (20%) & ALC (3%) is totally un-constitutionally & State Govt. must have adopted the formula set by the Apex Court but the so called secular forces like N.C & Congress diverted the major share to the upper castes on the name of Backward Areas.
According to rules, SCs, STs, OBCs reservations are called vertical reservations. Any other reservation other than SCs, STs, OBCs, can only be adjusted horizontally under Art. 16(1) of the Indian Constitution and also vide Para 95 of the Apex Court's Judgment of 1992 on Mandal Report. N.C - Congress, the main Political Parties always worked against the majority people called OBCs under the noise of their high slogans of secularism and justice to all. But now they have exposed & nowhere in power and a similar attitude shall be of the State OBCs for N.C & Congress in future also.
People had great hopes on BJP even after the lapse of six months of Govt. in J&K, no state as well as centre leader has given any statement over the OBCs share in J&K and it seems BJP - PDP have started following the foot prints of N.C - Congress. In J&K Pol. Parties may have difference with one another but all are one and work against the State OBCs. No one among Pol. Parties is there to raise the issue of OBCs in the Assembly including the JKNPP.
Dear Author has suggested for reservation on economical bases, but for the information, no reservation has been given to OBCs in the State till date. They are given 2% reservation on the name of Other Social Caste (OSC) and not on the basis of OBCs. These people were kept poor by closing all door. So a similar formula has to be adopted to uplift the poor. If caste was the base to make the individual poor; caste has to be made the tool to uplift the poor. So there must be reservation on the caste base and not on the economic factor as "Lower the caste poorer the man." Besides there is no thermometer to measure the economic factor except the employees as businessmen are ready for such an opportunity to avail.
Author must see the reservation in the right perspective. Since Author (Dr Raja Muzafer Bhat) belongs to Islamic religion & in Ahlay Islam & Ahlay Quran, there is no caste-system; but in Muslims, there is a caste system and majority in Muslims are backwards and since schedule castes in Muslims are declared backward in J&K State, this OBC bulk further increases in population and that is why we say that OBCs in the State are 60% of the state population.
In J&K State only 15% to 20% of the elite classes are getting 80% reservation in one way or the other and 78% people are getting only 20% share (SC 8%, ST 10%, OBC 2%). The due share of the poor OBCs must have percolated down to the poor from the hands of Muslim rulers, but this did not happen which is astonishing and perturbing.
Besides Art 370 has been mis-used in J&K State. BJP was for abrogation of this Article but now is silent. The very nature of Art 370 gives more rights to the State People but treacherous rulers in the State used Art 370 to snatch the rights of the poor and they used it to maintain their dynasty rule which may never happen again.
Respected author has not opposed the reservation but at the same time he has not favoured the reservation. OBCs are not free but avail reservation where ever it is available in the country under the creamy layer formula which automatically means the economical base & if there are some poor among the upper castes who are already enjoying 80% of the share, should think about their poor counter parts in the state.
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