2006 Indian anti-reservation protests

No reservation symbol

The 2006 Indian anti-reservation protests were a series of protests that took place in India in 2006 in opposition to the decision of the Union Government of India, led by the Indian National Congress-headed multiparty coalition United Progressive Alliance, to implement reservations for the Other Backward Classes (OBCs) in central and private institutes of higher education. These protests were one of the two major protests against the Indian reservation system, the other one being the 1990 anti-Mandal protests.

The government proposed to reserve 27% of seats in the premier educational institutions of India like All India Institute of Medical Sciences (AIIMS), Other Medical Colleges, Indian Institutes of Technology (IITs), the Indian Institutes of Management (IIMs), Indian Institute of Science (IISc) and other central institutions of higher education for the OBCs in order to help them gain higher levels of representation in these institutions. This move led to massive protests, particularly from students and doctors belonging to the forward castes, who claimed that the government's proposal was discriminatory, discarded meritocracy and was driven by vote-bank politics.[1]

Historical background

Main article: Reservation in India

Origin of reservation

India is divided into many endogamous groups i.e. castes and sub-castes, as a result of centuries of following Varnashrama Dharma, a social system which translates to "types" or "order". In olden times, the castes which were considered high in the Hindu caste hierarchy i.e. Brahmins, Kshatriyas and Vaishyas, Shudras.

During the British Raj, some methods for upliftment of these lower castes were introduced by the British, progressive thinkers and Hindu reformers. These included reservations in the legislature and in government jobs.[2] After independence, the Indian constitution introduced provisions for reservations for the Scheduled Castes and Tribes (SC/ST) in government institutions, to give a fair representation to the weakest sections of society i.e. Dalits and Adivasis. 22.5% of the seats (SC- 15%, ST- 7.5%) in higher education institutes and public sector undertakings at both state and central level were set-aside for them. Uplifting the SC/ST's to a status at par with the upper castes- has not yet been achieved.

In 1989, the then-Prime Minister of India V. P. Singh accepted and implemented nationwide the proposals of the Mandal Commission, which had been established by the Morarji Desai-led Janata Party government in 1979. The proposals of this commission recommended 27% reservation for Other Backward Classes (OBCs) in public sector undertakings and state-level educational institutions. OBC's were a group of castes which fell in-between the upper castes and Dalits; they were historically not oppressed and socially boycotted as the Dalits and Adivasis, but were still socially, educationally and economically backward compared to the upper castes. Though some Indian states such as Tamil Nadu and Andhra Pradesh had already implemented the OBC reservations earlier in their higher educational institutions, this decision now forced every Indian state to implement OBC reservation. By combining this 27% quota for OBC's and the earlier 22.5% reservation for the SC/ST's, the percentage of general (unreserved) seats in any medical, engineering or other institute falling under the state government reduced to 50.5%. This included even the unaided private colleges. As a result, there was widespread protests from the students belonging to the unreserved category (forward castes), claiming that they were being discriminated and that "merit" was being discarded.

Extension of 27% reservation

On 5 April 2006, Congress leader and then-Human Resource Development Minister Arjun Singh, promised to implement a 27% reservation for OBCs in institutes of higher education (twenty central universities, the IITs, NITs, IIMs and AIIMS) after the State Assembly elections in Tamil Nadu, Kerala, Puducherry, Assam and West Bengal, in accordance with the 93rd Constitutional Amendment which was passed unanimously by both Houses of Parliament.[3] The 93rd Constitutional Amendment allows the government to make special provisions for the "advancement of any socially and educationally backward classes of citizens", including their admission in aided or unaided private educational institutions. Gradually this reservation policy is to be implemented in private sector institutions and companies as well.[4] Private sector institutions and companies had never come under the purview of reservation.

The text of the 93rd amendment reads-

Greater access to higher education including professional education, is of great importance to a large number of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens. The reservation of seats for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes of citizens in admission to educational institution is derived from the provisions of clause(4) of article 15 of the constitution. At present, the number of seats available in aided or State maintained institutions, particularly in respect of professional education, is limited, in comparison to those in private aided institutions.

Clause(i) of article 30 of the Constitution provides the right to all minorities to establish and administer educational institutions of their choice. It is essential that the rights available to minorities are protected in regard to institutions established and administered by them. Accordingly, institutions declared by the State to be minority institutions under clause(1) of article 30 are excluded from the operation of this enactment.

To promote the educational advancement of the socially and educationally backward classes of citizens,i.e., the Other Backward Classes or of the Scheduled Castes and the Scheduled Tribes in matters of admission of students belonging to these categories in unaided educational institutions, other than the minority educational institutions referred to in clause(1) of article 30, the provisions of article 15 were amplified. The new clause(5) of said article 15 shall enable the Parliament as well as the State legislatures to make appropriate laws for the above mentioned purpose.[5]

This move led to opposition from forward caste students, as the proposal would reduce seats for the general category from the existing 77.5% to less than 51% (since members of OBCs are also allowed to contest in the General category), despite assurance from the government that the number of seats in these educational institutes will be increased so that effectively there will be no reduction in the number of seats available for the general category. The opposing students also felt that the government's move was merely to placate and consolidate the OBC vote bank. The private sector organisations too opposed the move, saying it would impede merit and reduce the competitiveness of the students.[6]

Events

Doctors protesting against reservation at Jantar Mantar, Delhi

The protests began from 26 April 2006 with medical students protesting in New Delhi against the government's proposal, where students were lathi-charged and water cannons and tear gas was fired on the students.[7] Another such protest was carried out by medical students in New Delhi on 13 May 2006 where students were again lathi-charged and detained for few hours.[8] Medical students held a protest in Mumbai on 14 May 2006, where students were lathi-charged, despite the protest being banned by the Bombay High Court.[9] They were lathi-charged (baton-charged) by the police.[9] In retaliation of the police action towards the anti-reservation protestors, a nationwide strike was launched by the "anti-reservation" medical students. Doctors from all over India who opposed the government's proposal too joined the protest.

The government took measures to counter the protesting doctors by serving them with suspension letters and asking them to vacate the hostels to make way for newly recruited doctors. Some states invoked the Essential Services Maintenance Act (ESMA) and gave notices to the doctors to return to work, failing which legal action would be taken against them. The government also put on alert 6,000 men from the Rapid Action Force to take care of any untoward incident. However, in most places the protesters remained defiant despite ESMA. Most forward caste students across India took to the streets, boycotting classes. In Delhi, a human chain rally was organized on 20 May by the students of IIT Delhi with the support of PanIIT, the IIT alumni organisation, to protest the OBC reservation. Nearly 150 students of New Delhi's 5 Medical Colleges went on a 'relay' hunger strike in AIIMS which lasted for about a month.

A resolution signed by 2,500 IIT Roorkee students expressing their opposition to the OBC reservation, was sent to the then-President Abdul Kalam, the Prime Minister Manmohan Singh, the then-Chief Justice of India Y. K. Sabharwal and the Election Commission of India, but they all turned a deaf ear to it. A peaceful protest march was then organised by them on 23 May.[10] Many anti-reservation protestors now began to group under the aegis of Youth for Equality. The following were the demands made by "Youth for Equality"-

Roll back of the proposed hike in reservations.

Setting up of an academic, non-political panel of experts to review the existing reservation policy and explore alternate forms of affirmative action.

Vacant positions in reserved government jobs to be thrown open for other eligible candidates.

No penal action be taken against the protesters.

A white paper issued on the reservation policy and a concrete statement on the issue by the Prime Minister.[11]

After the government reaffirmed its commitment to implementing reservations, the protesters called for a "Civil disobedience movement".[12] Their protests were also supported by the traders in Delhi, who threatened to shut shops if the government didn't roll back on its decision to extend the OBC reservation. The AIIMS Faculty Association went on a mass casual leave from 25 May 2006 to support the anti-quota stir, but made it clear that basic health-care services would not be disrupted. However, whether health care services were really unaffected is questionable.[12] On 27 May 2006, a massive rally was organised in Delhi. The rally was attended by participants from all over India, numbering almost 100,000. It was declared that the strike by students and junior doctors would continue.[13]

On 28 May 2006, the government set up an Oversight Committee to "prepare a road map with a time-bound programme to implement 27% reservation for OBCs without compromising merit and addressing apprehensions aired by students propose an effective way to implement reservations keeping the interests of all sections of society in mind". This committee, headed by Union Minister and former Karnataka Chief Minister M. Veerappa Moily, would submit its report by 31 August 2006.[14]

On 31 May 2006, in deference to the Supreme Court directive, resident doctors resumed hospital works from 1 June 2006, as the health service was affected seriously due to the strike. However, protest from the part of students (both medical and other streams) continued and a national coordination committee comprising representatives of medical colleges, IITs and several other educational institutions had been proposed to be formed to lead the agitation.[15] The Supreme Court has also sought the government to clarify the basis on which the reservation policy was being implemented.[16] However, these protests slowly died down and eventually ended.

Political reactions and opinions

CPI(ML) poster in Kottayam, calling for expanded quotas for lower castes, including private sector

The 93rd Constitutional Amendment was passed unanimously in the Lok Sabha except for two abstaining members.[3] Barring a few, most of the political parties supported the move to extend the OBC reservation to premier educational institutions.

Supporting parties

Opposing parties

Aftermath

On 10 April 2008, the Supreme Court upheld the law for the provision of 27% quota for candidates belonging to the Other Backward Classes in IITs, NITs, IIMs, AIIMS and other premier educational institutions. But it directed the government to exclude the "creamy layer" among the OBCs while implementing the law. However, the "creamy layer" exclusion would not be applied to the SC/STs.[25][26][27][28][29][30][31]

See also

Notes

  1. ↑ Rao, S.L. (5 June 2006). "TOO MANY BOSSES - The UPA has a cabinet with many insubordinate ministers". Calcutta, India: The Telegraph. Archived from the original on 26 June 2006. Retrieved 5 June 2006.
  2. ↑ "Tamil Nadu swims against the tide". The Statesman. 31 August 2006. Archived from the original on 29 September 2007. Retrieved 27 January 2007.
  3. 1 2 93rd Constitutional Amendment
  4. ↑ "No way out: Private sector has to implement quota". cnn ibn, Global News Network. 1 June 2006. Archived from the original on 14 June 2006. Retrieved 1 June 2006.
  5. ↑ India 2008, Pg 1152
  6. ↑ Reservation shadowlines
  7. ↑ http://nvdatabase.swarthmore.edu/content/students-and-doctors-protest-reservationaffirmative-action-system-india-2006-2008
  8. ↑ "Medicos hit streets with anti-reservation rally". The Hindu. Chennai, India. 13 May 2006.
  9. 1 2 Senior Inspector justifies lathi-charge
  10. ↑ IIT-Roorkee students oppose reservation
  11. ↑ "Charter of Demands". Youth for Equality. Retrieved 26 May 2006.
  12. 1 2 Medicos launch 'civil disobedience' campaign against quotas
  13. ↑ "Medicos snub govt, say strike will continue". cnn ibn, Clobal Broadcast News. 27 May 2006.
  14. ↑ Oversight Committee on quota to meet on Tuesday
  15. ↑ "Court's strong dose works, doctors call off strike". cnn ibn, Global Broadcast News. 31 May 2006.
  16. ↑ Prabhat, Abhishek (29 May 2006). "Court questions India quota offer". BBC News. Archived from the original on 2 January 2007. Retrieved 27 January 2007.
  17. ↑ Left Parties Demand Creamy Layer Concept in OBC quota
  18. ↑ BJP backs quota but wants benefit for poor among forward castes
  19. ↑ ABVP supports quota for OBCs
  20. ↑ BSP stages dharna against anti-reservation stir
  21. ↑ Pro-reservation march in Chennai
  22. ↑ No reconsideration for OBC quota, says Lalu
  23. ↑ Reservation row: Sack Sibal, says JD (U) chief
  24. ↑ MPs condemn anti-reservation protest
  25. ↑ Mahapatra, Dhananjay (11 April 2008). "SC allows 27% quota for OBCs". The Times of India. Archived from the original on 12 April 2008. Retrieved 12 April 2008.
  26. ↑ "SC okays 27% quota for OBCs in higher studies- Politics/Nation-News-The Economic Times". The Times of India. 11 April 2008. Retrieved 12 April 2008.
  27. ↑ NDTV.com: SC upholds 27 per cent OBC quota in educational institutions
  28. ↑ Breaking News Online: Breaking News! Supreme Court upholds OBC Quota in Educational Institutions
  29. ↑ » Supreme Court upholds Governments OBC quota in higher educational institutions - Thaindian News
  30. ↑ "Supreme Court upholds law for 27% OBC quota". The Hindu. Chennai, India. 11 April 2008. Archived from the original on 14 April 2008. Retrieved 12 April 2008.
  31. ↑ http://www.freshnews.in/supreme-court-upholds-government’s-obc-quota-in-higher-educational-institutions-24625

References

External links

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