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A solution in search of a problem: on 10% reservations

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By Sonalde Desai

If the number of demands for implementing reforms is any guide, India’s reservation system is clearly in disarray. However, it is unlikely that the recently passed Constitution (124th Amendment) Bill, 2019, creating a 10% quota for the economically weaker sections (EWS), will serve as anything more than a band-aid.

Given the deep inequalities prevalent in access to education and jobs based on caste and socio-economic status, affirmative action (or positive discrimination) makes a lot of sense. However, the system that was put in place during the early years of the Republic deserves serious re-evaluation in an era when technology has paved the way for deploying a better equipped arsenal. Here I present an evaluation of the potential implications of the EWS quota Bill, followed by some alternatives.

 

The Bill promises 10% reservation to individuals classified as economically backward. However, while a number of criteria were discussed in the parliamentary debate, the Bill is quite silent on this. Assuming that among the criteria discussed in Parliament, those that are currently applied to the definition of the Other Backward Classes (OBC) creamy layer are the ones to be used, it is not clear how useful they would be. While the OBC creamy layer has been created to exclude people who are clearly well off, the EWS quota, in contrast, is expected to focus on the poor. One of the criteria — the income threshold of ?8 lakh per annum — has been mentioned. The National Sample Survey (NSS) of 2011-12 shows that the annual per capita expenditure for 99% of households falls under this threshold, even when we take inflation into account. Similarly, as per the India Human Development Survey (IHDS), the annual household incomes of 98% of households are less than ?8 lakh. Even if we apply all the other criteria for exclusion (e.g. amount of land owned and size of home), the Bill would still cover over 95% of the households. So, who are we excluding? Almost no one.

While the benefits of the EWS quota are likely to be minimal, the cost may be higher than one anticipates. First, it is important to remember that general category jobs are open to everyone, including Scheduled Caste (SC), Scheduled Tribe (ST) and OBC individuals. Thus, by removing 10% jobs from the “open” category, it reduces the opportunities for currently reserved groups. Hence, this is by no means a win-win situation. This may be particularly problematic for OBCs since OBC reservation is limited to 27% of the seats whereas the OBC population is at least 40% of the population, possibly more. Thus, this move is almost certain to result in calls for greater OBC reservation, particularly if a constitutional amendment to increase the proportion of reserved seats from 50% to 60% is already being adopted.

Second, actual implementation of the EWS quota could be challenging. Few non-SC/ST/OBC individuals have a caste certificate. A large number of SC/ST/OBC households report difficulties in obtaining these certificates. How would an individual practically lay claim to this status?

Third, in an era when skill demands are rapidly outpacing supply of candidates in specialised fields, the EWS quota increases the constraints. If a university advertises for an associate professor for quantum physics under the EWS quota and the only suitable candidate happens to be from an OBC category, she could not be hired. These challenges occur for all positions under specifically reserved categories and we have chosen to live with these difficulties in the interest of the greater good of equity. However, there is little benefit to be derived from the EWS quota.

Arguably, the greatest cost of this amendment lies in the foregone opportunity to develop an enhanced and more effective reservation policy so that we can genuinely see an end to the entrenched inequalities in Indian society in the medium term. We have gotten so used to business as usual that we make no effort to sharpen our focus and look for more effective solutions, solutions that would make reservations redundant in 50 years.

If we were to redesign from scratch, what would an effective affirmative action policy look like? If the goal is to help as many people as possible, we are facing a serious challenge. On the one hand, 50% reservation looks very large; in the grand scheme of India’s population it is a blunt and at times ineffective instrument.

The following statistics from the Union Public Service Commission provide a sobering view of ground realities. In 2014, only 0.14% applicants to the UPSC were selected. Moreover, the general category and OBCs have the highest success rate, about 0.17%, and SCs have the lowest, about 0.08%. This may be because of the perception that it is easier for SCs to be recruited via the reserved quota and this may have led to a large number of SCs taking the civil services examination. One might say that many of these candidates are not qualified for these jobs. However, if we look at the candidates who made it past the preliminary examination (providing preliminary quality assurance), the picture is equally grim. Only about 8% of the candidates who took the main examination succeeded. Here the success rate is 8.2-8.3% for SC and ST candidates, 9.9% for OBCs and 7.8% for the general category. This suggests that in spite of the grievances of upper castes, reserved category applicants are not hugely advantaged.

The above statistics tell us that in spite of reservations, a vast proportion of reserved category applicants do not find a place via the UPSC examination. I suspect statistics from other fields may tell a similar story. This implies that if we expect reservations to cure the ills of Indian society, we may have a long wait.

Hence, we must think about alternative strategies. One strategy may be to try and spread the benefits of reservations as widely as possible within the existing framework and ensure that individuals use their reserved category status only once in their lifetime. This would require that anyone using reservations to obtain a benefit such as college admission must register his/her Aadhaar number and she would be ineligible to use reservations for another benefit (e.g. a job) in the future.

This would require no changes to the basic framework but spread the benefits more broadly within the reserved category allowing a larger number of families to seek upward mobility.

A second strategy might be to recognise that future economic growth in India is going to come from the private sector and entrepreneurship. In order to ensure that all Indians, regardless of caste, class and religion, are able to partake in economic growth, we must focus on basic skills. We have focused on admission to prestigious colleges and government jobs, but little attention is directed to social inequality in the quality of elementary schooling. The IHDS shows that among children aged 8-11, 68% of the forward caste children can read at Class 1 level while the proportion is far lower for OBCs (56%), SCs (45%) and STs (40%). This suggests that we need to focus on reducing inequalities where they first emerge, within primary schools.

The challenge we face is that our mindset is so driven by the reservation system that was developed in a different era that we have not had the time or the inclination to think about its success or to examine possible modifications. The tragedy of the EWC quota is that it detracts from this out-of-the-box thinking!


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Opinion

Pakistan’s real ideological fault line

The Kashmir Monitor

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By Yasser Latif Hamdani

In the on-going political maneuvering and power plays between various state institutions and political parties, Pakistan as a nation state has taken its eyes off the real ideological fault line in Pakistan which lies between Orthodox reactionaries and the Muslim Modernists.

NadeemFarooqParacha’s excellent study “Muslim Modernism; the case for a Naya Pakistan” succinctly summarises the history of the defeat of the idea of Muslim Modernism in Pakistan. The idea of Pakistan was a Muslim Modernist project that took root in Aligarh Muslim University, the arsenal of Muslim India. It was in the hallowed halls of that great university that the plans of a new Muslim majority nation state were debated and finalized. It had a direct link to Sir Syed Ahmad Khan’s legacy of keeping Muslims away from Congress, which he charged with being a Hindu dominated body. Men like Jinnah who had joined the Congress and the mainstream of the Indian Nationalist struggle ultimately were forced to accept the wisdom of the grand old man of Aligarh. By the 1940s, the Best Ambassador of Hindu Muslim Unity had taken on the role of the undisputed Quaid-e-Azam of Muslim India and the movement he spearheaded was the apex of Muslim modernism. Arrayed against him were reactionaries of Majlis-e-Ahrar and Jamiat-e-Ulema Hind backed by the Indian National Congress. They attacked and abused him for being too modern and too secular. Their real ire was against the very idea of Muslim modernism that Jinnah had come to embody.

 

Muslim modernism in South Asia was an idea that was born out of the fall of the Mughal Empire. It stood in stark contrast to the other modern Muslim ideas including Islamic fundamentalism. Islamic fundamentalism called for a return to what they viewed as fundamentals of Islam and was inherently sectarian in nature. Muslim modernism rejected the idea of a fixed dogma and instead emphasized the dynamic and ever evolving nature of Islam through the principle of Ijtehad. Muslim modernism also embraced modern education, secular system of government and modern economy. Syed Ameer Ali’s classics “History of Saracens” and the “Spirit of Islam” were written in this vein. Iqbal was another figure in this movement towards modernity who with his “Reconstruction of Religious Thought in Islam” laid out a roadmap with identifiable waypoints on the route to Muslim enlightenment and renaissance through an embrace of modern knowledge and modernity. To achieve this, Muslims of the subcontinent needed a state of their own, within or without the Indian whole. This in a nutshell was the idea of Pakistan.

When the idea of Pakistan began to take root amongst the Muslims, leaders of religious orthodoxy calculated that if these men managed to seize the leadership of the Muslim community, the ulema would be left out in the cold. Therefore the Jamiat-e-Ulema Hind and Majlis-e-Ahrar, which were led by men seized of an irrational hatred for all things modern and by extension western and British, put in their lot with an increasingly nativist Indian National Congress under Gandhi. After all Gandhi, who had shunned western modernity, had supported them during the Khilafat Movement. The calculation was that in an India dominated by the Hindu majority, the Muslim community will forever be in the sway of the bearded men with flowing robes educated at Darul-UloomDeoband. With the help of their Hindu friends, the leaders of this religious reaction set up a university of its own in form of Jamia Milli. They set about trying to divide the ranks of the Muslim League by raising sectarian questions against Shias and Ahmadis, many of whom were in leading positions in the League.

Pakistan from 1947 to 1977 was committed to the idea of Muslim modernism. While some tragic compromises were made on the way in the closing stages of the Ayub regime and by Zulfikar Ali Bhutto, the state was moving in the general direction of becoming a modern democratic state based on principles of enlightenment. General Zia ulHaq changed all of that. A massive re-writing of the history of the Pakistan Movement was undertaken and Muslim modernism was slowly but surely written out of it. This was done under the auspices of parties like Jamaat e Islami whose historical role against the Pakistan Movement was conveniently ignored and who began a massive re-engineering project to make Pakistan a fundamentalist state. The generation that grew up in the 1980s and 1990s grew up with a world view that rejected modernity. It was in large part aided by Pakistani diaspora who had arrived in the Gulf in the 1970s. Islam was equated with all things Arab. It was a striking departure from Iqbal’s famous Allahabad address where he had put as one of the objectives the idea of liberating South Asian Islam from the stamp of Arab imperialism. Thus from 1980s Pakistan had not just rejected Jinnah’s secularism but also comprehensively buried the very idea which had led to its creation. Jinnah’s ideas had already been marginalized but now Iqbal was sanitized and only those parts of his philosophy were allowed dissemination that fit the regime’s Islamisation.

This is what makes the ongoing political battles entirely out of step with the real ideological issue in Pakistan. The current government’s overbearing attitude towards freedom of speech masks the low-grade conflict between the modernists and the orthodoxy. What is at stake is our future as a people and our attitudes to new problems that face us. Ultimately the direction human progress takes is one and that is forward. Gender rights, freedom of speech and even questions of sexuality will become major points of contention in very near future. Will we then remain wedded to an orthodox fundamentalist interpretation of our faith or will we embrace the idea of modernity itself marching in step with the rest of the world. None of our politicians or other power brokers seem to realize the challenges ahead. As a first step though we must reject the faux national narrative that has been shoved down our throats since the 1980s and re-invigorate the inherently enlightened and modern ethos that led to the formation of Pakistan.

(The writer is an Advocate of the High Courts of Pakistan and a member of the Honourable Society of Lincoln’s Inn in London. This article first appeared in Daily Times, Lahore)

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Opinion

Beyond winning and losing

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By Jawed Naqvi

Seeing the legendary Farokh Engineer among the spectators at the Old Trafford, with his shock of curly white hair and a Falstaffian girth that seemed to meld nicely with his incorrigibly impish smile, my mind went into the enticing time machine for a rendezvous with the great Parsi cricketers India once flaunted.

Then, the penny dropped.

 

The 1983 and 2011 Indian cricket teams that won the world cup encompassed what Rahul Dravid would call the country’s cultural colours, which were just about missing in ViratKohli’s social mix. This is not to say that a cultural mix is necessarily more formidable or that it would have produced a happier result, say, in the critical semi-finals that India lost to New Zealand. In fact, on the flip side of the argument, the all-white South Africans were probably the stronger team in the world on their day, even if few were willing to court them for fear of violating stringent anti-apartheid laws.

The all-black West Indies could be just as invincible on a given outing, but they gained and certainly didn’t lose when RohanKanhai and Alvin Kalicharan came into the squad with a different colour of skin, just as MakhayaNtini, HashimAmla or Imran Tahir among others brought new energy to the post-apartheid South African team.
And why forget that even the West Indies inducted a white player in the squad against New Zealand in the 1970s.

And doesn’t it behove mention that the solitary black man in the squad who delivered the crushing blow for the mainly white English team in the nail-biting finals against New Zealand at Lord’s was not even in the national eleven a few weeks earlier?

In the early days of Indian Test cricket, it was a common habit to expect Parsi players of the order of Nari Contractor, Polly Umrigar, Engineer or RusiSurti to embellish every Indian’s favourite team. It was thus that for a predominantly Hindu country, KapilDev’s squad that lifted the first World Cup for India boasted of Roger Binny, Syed Kirmani and Balwinder Singh Sandhu who added to the cherished moment on the world stage, just as Harbhajan Singh, Sreesanth, Zaheer Khan, Yusuf Pathan and Munaf Patel were in the trophy-winning squad in 2011.

One could identify at least two solid players in the Bangladesh World Cup squad who breached its dominant cultural profile. And in a heavily Sinhalese Sri Lanka, where would the team stand without the priceless talent of MuttiahMuralitharan?

Pakistan, where display of majoritarian religion has gained currency for a variety of sociopolitical reasons, Anil Dalpat and Yusuf Youhana had fortified the squad. It is another matter that Youhana discovered greater spiritual solace in embracing the identity of Pakistan’s religious majority.

A country’s approach to inclusivity need not, of course, be worn as a cultural amulet in a thread around the neck. New Zealanders, for example, found a subtler method to express their eclectic cultural expanse — by singing the national anthem in two languages, English and Maori, spoken by the country’s original inhabitants.

We had read in school about Britain’s bold, risky, but often humorous enterprise to initiate the natives of Gilbert and Ellis Islands to cricket. A Pattern of Islands by Sir Arthur Grimble was a regaling story as much as it also informed the reader about the colonial celebration of cultural diversities they tried to encourage and preserve, including by introducing cricket to the remote Pacific islands.

A friend recently forwarded an essay from the BBC’s website by PrashantKidambi of Leicester University. It offers a brilliant insight into the early efforts of Indian and British elite to stitch together an ‘Indian’ cricket team.

“In this last decade,” Kidambi quotes former cricketer Rahul Dravid as saying in 2011, “the Indian team represents, more than ever before, the country we come from — of people from vastly different cultures, who speak different languages, follow different religions, belong to different classes.”

And yet, the link between cricket and the nation was neither natural nor inevitable.

“It took 12 years and three aborted attempts before the first composite Indian team took to the cricket field in the summer of 1911. And contrary to popular perception — fostered by the hugely successful Hindi film Lagaan — this ‘national team’ was constituted by — and not against — empire.”

The first Indian cricket team sparked great interest in the British press, according to the historian from Leicester. A diverse coalition of Indian elite and British governors (among others) made possible the idea of Indians on the cricket pitch.

The ‘Indian’ cricket team was thus first broached in 1898, inspired by the rise of Kumar ShriRanjitsinhji, or Ranji, an Indian prince who bewitched Britain and the wider imperial world with his sublime batting.

The early British ventures failed to put together a team “because of fierce divisions between Hindus, Parsis and Muslims over the question of their representation in the proposed team”.

When they succeeded, the captain of the team was 19-year-old Bhupinder Singh of Patiala, “the pleasure-seeking, newly enthroned maharaja of the most powerful Sikh state in India”.

Others were selected on the basis of religion: there were six Parsis, five Hindus and three Muslims in the side. PalwankarBaloo, the Dalit bowler, was the “first great Indian cricketer”, Kidambi writes.

“The composition of this team shows how in the early 20th-century, cricket took on a range of cultural and political meanings within colonial India.”

Farokh Engineer’s presence in Manchester reminded me of a hair cream the debonair cricketer advertised — and a generation embraced. But he also triggered memories of an interview the great playback singer AshaBhosle gave. Asked to choose between Kishore Kumar, Mukesh and Manna Dey as her favourite legendary duet singers, she said: “You have forgotten Mohammed Rafi.”

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Opinion

NRC: A major storm is brewing

The Kashmir Monitor

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By Sanjoy Hazarika

The National Register of Citizens process in Assam ploughs relentlessly on. At the end of this month a full list is to be published, ostensibly of all Indians identified in the state. That is when the scale of misery and jubilation may be gauged. Yet that’s not the end of this long, complex journey.

A few days back, another list was published of one lakh persons who are to be left out of the list because they could not produce convincing documentation; this followed scattershot complaints by unidentified persons against some who were already on the NRC.

 

For those who do not make the cut on July 31, there is a longer battle in store — they will have to spend time, funds (invest in lawyers) and appear before quasi-judicial processes, the foreigners tribunals, to prove their nationality. These courts, manned by lawyers without extensive judicial experience or deep knowledge of jurisprudence, are the first point of appeal followed by the state high court and finally the Supreme Court.

The Assam government had said it would add 400 FTs more to the current 100 (it later promised 1,000), but has it made the clear determination of whether the person is fully qualified for that office and can take a decision without fear or favour?

Many of us who have followed the long and tortuous journey of the NRC — and the earlier struggle between the 1970s-1980s by student groups and others for detection of foreign nationals (that is, the ubiquitous ‘Bangladeshi’) — had pinned faith in a process that would create a list which would be clean, clear and correct. Knowing the complexities of Assam, a simple land with deep divisions, this was perhaps a naive hope.

The ‘foreigners issue’, as the question of informal migration (largely from Bangladesh) is defined in popular terms in Assam, is a challenge that goes back to the time of Independence. However, critical perceptions about in-migration and demographic change precede that.

Assam now appears to be entering an uncertain period with little clarity on a fundamental question: will the list competently identify ‘foreigners’? Arguably some 29 million persons had made the cut last July but all hell broke loose with the announcement that nearly four million had not. Of the latter, 3.2 million persons have petitioned for their inclusion and the issue has figured at international and national forums. Some of the stories which have emerged over the past year are worth repeating, for they cut across religious, ethnic and language divisions and point to major inaccuracies.

In case after case, a pattern has emerged showing a combination of poor judgment, problematic data, arbitrariness or just indifference that has harmed Indians. A Kargil veteran who was marched into a detention camp and then released; a policeman who cannot vote since he has been proclaimed a foreigner; a 92-year-old man who has had to be carried into court to face trial; a woman who ended up in a detention camp when the police could not find the person they were looking for and just picked her up; prominent Gorkhas including a SahityaAkademi winner find themselves in the excluded list. In many cases, a mismatch of a letter in a name connecting them to either parent or grandparent was enough to bar them.

Most of the cases cited above, barring the Gorkhas, were people of Bengali origin, both Hindu and Muslim. It is not just about religion. The poor and vulnerable who cannot afford lawyers find themselves in this situation.

The NRC impact is spreading: other states are arming themselves with similar plans. Nagaland has started a 60-day exercise aimed at identifying the indigenous people (read members of 16 Naga tribes whose homes are in the state) and one anti-immigrant group has declared that the “indigenous” are those who are “Naga by blood”. Does the definition of the indigenous in Nagaland includes mainland Indians, be they Assamese, Bengali (Hindus and Muslim), Marwari, Bihari or from other parts of this country?

It does not take a tarot card reader to see that a major storm is brewing. Many may not have predicted this when the NRC was given wings in 2016, after the BharatiyaJanata Party gained power in Assam. What has unfortunately happened is that the exercise in Nagaland and in parts of Assam could end up condemning Indians to an appalling fate.

Even pro-BJP groups recognize this. One said recently that it had procured 2.8 million signatures of people in Assam demanding an “error-free NRC”. It pointed out that the Supreme Court itself had suggested a pilot sample reverification of 10 per cent of the total number on the NRC but not issued orders for this. Its concern was that many Hindus of Bangla origin would be left out.

A recent citizen’s group which travelled across three districts in Assam found that many women, both Hindu and Muslim, have been declared foreigners because they did not have the documents to link them to their father, the crucial “legacy data” or family tree link in the NRC.

PrateekHajela, the NRC state coordinator, has said that “inability to provide linkage documents appears to be the biggest reason why applicants couldn’t substantiate their claims”.

Indeed, from its very start, the NRC exercise has struggled with technical hurdles.

For one, the key base document for the NRC is its predecessor: the first and only NRC of 1951. Yet enumerators found that copies of this NRC were not available in three districts: Sivasagar, Cachar and KarbiAnglong. So new data based on 16 parameters were developed for these district populations — 67 to 68 years after this initial exercise, based on electoral rolls and census data. Two separate systems of checks and cross checks have had to be created, quite different from each other. Is it surprising that there should be confusion?

The exercise is officially over on July 31. But there is no clarity on what happens to those out of the lists — will they stay at their homes and fight trials, will they have to move elsewhere, will those found as foreigners by FTs be sent to detention camps after a 120-period when appeals can be heard?

A Union minister of state for home affairs has told Parliament that a new manual for detention camps was being prepared with the following proposed facilities: “electricity, drinking water, hygiene, accommodation with beds, sufficient toilets with running water, communication facilities, provision for kitchen”. The draft manual has been sent to all state governments raising questions about how long the Centre proposes to keep people at such sites.

This is aimed obviously at blunting criticism by some who have been released from detention camps in Assam after their Indian-ness was upheld. They describe conditions are appalling with scores packed into a single room and sharing a single toilet.

Exacerbating the issue is the fact that even those detected as Bangladeshis cannot be deported unless Bangladesh acknowledges them as its own — which it steadfastly refuses to do.

Governments are required to uphold Constitutional obligations, especially Article 21 of the Constitution, which proclaims that no one may be deprived of his life and liberty except by due process. In addition, there are India’s international commitments to the Universal Declaration of Human Rights which does not recognize statelessness.

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