Introduction:
In India, the concept of ‘Reservation’ was introduced for the advancement and representation of historically disadvantaged Indian communities in education and employment.
Reservation based on religion is against the Constitution. A person cannot be denied equal opportunity or accepted because they belong to a particular religion. However, the Constitution permits the Government to implement specific policies for the socially and educationally backward class of people.
Reservation is not a right, it is the means to elevate a community deprived of equal status in the society, to bring them at par with the others, and allow them to compete on the same level.
Religion-based Reservation
Though the Constitution does not permit religion-based reservations, States can make reservations for specific religious communities under the minority quota.
However, providing reservations based on religion will bring worse than good. If a specific religion is given reservation, it will make other religions insecure, and they will demand reservation as well. For example, Jains and Christians have the highest rate of literacy[1], but they are religious minorities for which they should also get reservations.
If the government recognizes the need for representation for a specific religion, any person belonging to that religion irrespective of their social and financial status may avail it. This practice will deprive the people actually in need of that equal opportunity.
Religious reservations will only further divide our country into parts instead of solving the problem. It will create chaos in the country. This may also become a reason for religious conversions. A person may prefer converting into a more favourable religion, and this will further create tensions in society.[2]
Religion-based reservation is unconstitutional and defies the intent of the Framers of the constitution. In Nainsukh Das & Another v. The State of Uttar Pradesh[3], where the petitioners alleged violation of their rights under Article 15(1) stating that they were deprived of their rights to seek participation in the municipality elections, the Supreme Court held that the Constitution mandates the state to not discriminate any citizen on the grounds of religion and it extends to political and other rights. Any such act will be void and repugnant to the Constitution.
Caste-based versus Religion-based Reservations
In India, the earliest mention of the caste system can be seen in the Rigveda, known as the Varna system. Since then it has unfolded into Brahmins, Kshatriyas, Vaishyas, Shudras and Dalits.
For ages, some castes have been severely discriminated and denied civil representation in society. Educational facilities and employment opportunities were only limited to specific advantageous castes. Until Article 14 – 17 abolished the entire caste-based system and stated that no one shall be denied equal status and opportunity based on their caste, religion, race, gender, etc.
However, for the advancement and adequate representation of the lower castes the concept of ‘Reservation’ in educational institutions and employment was introduced. It will help bring the lower castes people at par to the high-class people. Thus, the reservation was introduced to end the caste system.
On the other hand, the religion-based reservation was introduced to curb the issue of inadequate representation and discrimination in education and employment opportunities.
The Muslim community has repeatedly reported religious discrimination in educational institutions as well as for government job recruitment opportunities.[4] Therefore, the concept of minority reservation was introduced to provide religious representation to socially and educationally backward people belonging to a particular community.
Advantages of Religion-based Reservations
- If people belonging to a religion are socially and educationally deprived, religion-based reservations may help them secure fair opportunities in society.
- Religious Reservations will provide adequate representation to a minority.
- If a community feels inferiority in a society; the religious reservation will help them secure equal status and opportunity in society.
Disadvantages of Religion-based Reservations
- It instils a sense of insecurity among other religions.
- Other minority religions may also demand reservation.
- Reservation just based on religion irrespective of other factors like financial capability will be an injustice for qualifying candidates.
- This will further divide the country based on religion.
- It is unconstitutional under and defies the basic structure of the constitution.
- In Indra Sawhney v. Union of India[5], where the court stated a 50% ceiling limit for reservations, has already been crossed if every group is provided with either religious or caste-based reservation the General quota will become a minority and demand reservation.
Is Reservation Discriminatory?
The concept of Reservation is per se discriminatory as it is against the Part III of the Constitution. Discriminating a citizen on the grounds of Caste or religion is bad in law.
And essentially it is a matter of opinion, for a person who belongs to General category or a merit candidate, may think that reservation is discriminatory as it snatches away their right to fair competition. Where one candidate has to put in more efforts for the same position than a select few, only because they belong to a specific community, and this is in violation of their fundamental rights.
But if we look at the other side, we may encounter various incidents of centuries-long discrimination based upon the same fact that they belong to a different community. Reservation was introduced with the intention to uplift the community, to free them from the age-old shackles of the caste system and to provide them with the equal status that our Constitution promises.
Conclusion
The term ‘reservation’ however seems to have lost its purpose. In India. We have 59% of reservation in educational institutions, government offices, politics, etc. Such a high percentage of reservation without creamy layer or a time limit is dangerous for the society at large. It deprives the meritorious and deserving candidates of their right and eventually their faith in the Country.
Dr Babasaheb Ambedkar’s vision behind the reservation was that it will cease to exist at the point of time, after the upliftment of the needy[6]. But instead, ‘Reservation’ has become a tool for the undeserving candidates for securing admissions and employment. while there exists an enormous per cent of people still deprived of the benefit under reservation.
Addition of religion-based reservations will only add fuel to the fire of destruction. Reservation should be based on poverty or financial ability along with caste or religion. Poverty will not see caste or religion. So, it will be unjust to give reservation based only upon a religion.
Any person who is financially secure and capable shall be denied to avail reservation irrespective of his religion or caste. Reservation now has become a threat for merit, efficiency and future. A reservation without a deadline becomes discrimination for others. The reservation alone is not a solution to the problems of discrimination. Strict intolerance against discriminating activities is.
“Reservation is necessary for transcending caste and not perpetuating it. Reservation has to be used in a limited sense otherwise it will perpetuate Castism in the society”[7]
-Hon’ble Justice S.H. Kapadia
References:
[1] Distribution of Population by Religions , https://censusindia.gov.in/.
[2] P. (n.d.). Idea Of Religion Based Reservations. Retrieved September 27, 2020, from http://www.legalserviceindia.com/legal/article-3627-idea-of-religion-based-reservations.html
[3] Nain Sukh Das And Another vs The State Of Uttar Pradesh 1953 AIR 384, 1953 SCR 1184
[4] Lal, D. (n.d.). Reservation Based on Religion is Anti-Constitution. Retrieved September 26, 2020, from https://www.vifindia.org/
[5] Indra SawhneyV. Union of India, AIR 1993 SC 477, 1992 Supp 2 SCR 454 (November 16, 1992)
[6] Lal, D. (n.d.). Reservation Based on Religion is Anti-Constitution. Retrieved September 26, 2020, from https://www.vifindia.org/
[7] G.Ananthakrishnana. (2006, October 23). SC: Use quota to transcend caste, not perpetuate itAnanthakrishnan. The Indian Express. Retrieved September 26, 2020, from http://archive.indianexpress.com/
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