Reservation as a practice is as corrupt as its politicians. Let’s come back to this statement later. First, the Indian Constitution guarantees the following six Fundamental Rights to all its citizens alike:
- Right to Equality.
- Right to Freedom.
- Right against Exploitation.
- Right to Freedom of Religion.
- Cultural and Educational Rights.
- Right to Constitutional Remedies.
Any class 8th student would know these. It is argued that reservation is first and foremost a violation of ‘Right to Equality’ which holds “…the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law.” Here’s why reservation is NOT a violation of fundamental rights, in fact it is provided for by one. Equality persists only among equals. An SC and an upper caste person are not equal. Therefore, what is reserved for an SC is NOT a violation of the upper caste person’s ‘Right to Equality’ since they don’t share an equal “status”.
While the law establishes reservation is not violating the fundamental rights of any citizen, fairness of the same is subject to opinions. What might be fair for one may not be fair for another. Speaking on humanly grounds, it is NOT FAIR to give the right of one person to another as the fundamental rights also guarantee ‘Cultural and Educational Rights’ to all in the eyes of law.
As long as a practice benefits the lawmakers, and by lawmakers I mean the politicians, they’re not going to discontinue it, be it at the cost of the present and the future of its people. And so, reservation as a practice is as corrupt as the politicians!