Affirmative Action Policy in India: An Analysis

Abstract

The paper aims to analyze affirmative action policies in India.
It acknowledges the debate surrounding these policies, highlighting both support and opposition.
Affirmative action is seen as a tool to address disparities based on caste, race, and socio-economic status.
It is believed to positively impact literacy rates, living standards, and welfare for economically weaker sections.
The paper recognizes the critical evaluation of affirmative action's limits in achieving collective empowerment.

Keywords

Affirmative action
Discrimination
Reverse discrimination
Meritocracy
Castes
Socio-economic factors

1. Introduction

Affirmative action is a contentious topic with supporters and opponents.
It involves policies and practices by the government and society to include underrepresented groups based on caste, creed, gender, etc., particularly in education and employment.
The goals are to:
- Remove inequalities caused by the caste system.
- Address employment disparities faced by disadvantaged groups.
- Ensure access to education for all.
- Redress past injustices.
Implementation varies across countries, with some using quotas (e.g., India) and others using preferential treatment (e.g., USA).
India uses reservation policies to reserve seats for underrepresented categories in public employment, educational institutions, and legislative bodies.
The paper examines affirmative actions in light of the Indian Constitution (Articles 14-18, which promote equality).
It explores the need for affirmative action in society and its socio-economic effects on beneficiaries.

2. Context

2.1 Affirmative Action

Affirmative action is essential for creating a welfare society by addressing societal inequalities.
It serves as a grievance redressal mechanism for disadvantaged groups, aiming for rectification.
Affirmative action aligns with Rawls' theory, emphasizing attention to those in less favorable conditions to create a fair society.
It includes programs providing preferential access to education, employment, healthcare, and social welfare for historically discriminated groups.
Affirmative action goes beyond equal opportunity, which only addresses discrimination after it's detected; affirmative action aims to prevent discrimination.
Affirmative action holds a unique position in India due to the presence of disadvantaged groups based on race, color, caste, gender, and disability.

2.2 Need of Affirmative Action

Affirmative action is crucial for compensating historical discrimination against SC, ST, and OBC categories.
It also benefits society by promoting diversity, cross-ethnic interaction, fairness in recruitment and admission, gender equity, and social mobility.

2.2.1 Diversity in Educational Institutions and Workplaces

Affirmative action fosters diversity in educational institutions and workplaces.
Under-represented groups gain fair access to education and jobs.
Diversity emphasizes inclusion, where organizations/institutions recognize differences between categories and genders.
Management considers diverse voices as legitimate and involves them in decision-making.
Underrepresented groups actively participate in shaping culture, adding value, and raising issues specific to their groups.
Diversity allows people with different backgrounds and ideologies to work together and serve society.
Diverse viewpoints are valued, encouraging unique and meaningful contributions (Jain & Bhardwaj, 2015).
Students share educational experiences and understand the needs of different segments of society.
Affirmative action in workplaces increases the participation of discriminated groups, promoting cross-ethnic interaction, leading to better economic outcomes and preparing employees for a diverse global economy.
Firms with strong affirmative action plans are as profitable as others (Crosby, 2006).
Diversity reduces racial bias, develops leadership skills, enhances the ability to understand different perspectives, and increases involvement in political affairs.
Systematic policies for representing historically excluded groups are beneficial in education and workplaces.

2.2.2 Opportunity Oriented

Affirmative action ensures equal opportunities, consistent with the Constitution of India.
It creates opportunities for scheduled castes, scheduled tribes, other backward classes, weaker sections, women, minorities, senior citizens, and individuals with special needs.
A logit model analysis using India Human Development Survey (2011-2012) data shows that reservation policies in government jobs increase the inclusion of candidates from scheduled castes, scheduled tribes, and other backward classes (Kumar et al., 2020).
This increased representation is due to higher probability, controlling for individual and household characteristics.
The argument that affirmative action causes reverse discrimination and unqualified individuals being hired is addressed by stating that reverse discrimination depends on appointing the right person.
Affirmative action compensates for biases in candidate selection (Niederle et al., 2013).
The paper questions affirmative action's effectiveness when qualified individuals do not apply.
A study evaluating gender quotas shows that guaranteeing women representation increases their entry into competitions, enhancing their willingness to compete.
Encouraging underrepresented groups to participate where they lack access increases their participation and creates new opportunities.

2.2.3 Promote Social Mobility

Social mobility involves the transition of individuals and groups between social strata.
It entails changing social status relative to one's current position within society.
Social mobility is necessary for sustainable economic development; low social mobility hinders growth, social cohesion, and democratic participation.
Affirmative action promotes social mobility by reserving seats for low-income groups in education and public employment.
Students from low-income backgrounds gain access to high-quality education, complete their education, and earn similar amounts as other sections of society.
This allows them to break the cycle of poverty and enter the middle class.
Affirmative actions address equal opportunities, social justice, benefits for unrepresented categories, and overall economic development.
A study concludes that reservation is essential in India.
Affirmative actions, like reservation policies, should continue because they benefit underprivileged people in education, politics, and public employment, improving their social status (Baljinder Singh and Neeraj Kumar, 2015).

2.2.4 Improve Literacy Rate

Affirmative action enables historically neglected groups to access education and be represented in public employment and legislative assemblies.
These groups include scheduled castes, scheduled tribes, other backward classes, and economically weaker sections.
These groups have faced discrimination, exclusion, segregation, poverty, and resource scarcity.
Preferential treatment, especially in admissions, aims to remedy these inequalities.
Educational institutions are encouraged to adopt practices that motivate enrollment, improving the country's literacy rate.
There is a connection between school enrollment and affirmative action, which allows minorities to easily access higher education and continue their education.
Increased enrollment positively impacts the economy and expands the scope of affirmative action for developing countries (Khanna, 2020).
Affirmative action counters discrimination by allowing educational institutions, the public sector, and legislative assemblies to adequately represent underrepresented groups.
Regulations implemented in India increase representation of historically discriminated groups and change attitudes toward disadvantaged groups, eradicating prejudiced views, and improving skills (Miller, 2019).

3. Castes, Constitutional Perspectives and Implementation of Affirmative Action in India

3.1 Beneficiaries of Affirmative Action

Indian society was historically divided into hereditary groups known as castes (Shah, G., H. Mander, S. Thorat, S. Deshpande, 2006).
Scheduled Castes (SCs) have faced discrimination in social exclusion and limited access to education and employment.
Scheduled Tribes (STs) have different lifestyles and are considered the most backward communities (A. Deshpande, 2005).
STs live in remote areas, making it difficult to access basic needs.
Socially and Economically Backward Classes (BC) are determined based on educational backwardness and traditional occupations.
Economically Weaker Sections (EWS) are a recent category eligible for affirmative policies, with 10% of seats reserved in education and public employment.

3.2 Constitutional Perspective of Affirmative Actions

Affirmative action was initially implemented for SC and ST groups in 1950.
It was later extended to other castes.
Preferential treatment is given to reserved categories in education and public employment.
Affirmative action, in the form of reservation policies, is the most effective tool for improving access to education and public employment for disadvantaged groups.
The reservation policy operates in education, public employment, and legislative assemblies.
Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes receive reservations in the ratio of 15%, 7.5%, and 27%, respectively, in public employment and educational institutions.
After the Constitution (103rd Amendment) Act, 10% reservation was extended to Economically Weaker Sections (EWS) in higher education and initial public employment.
Public Employment:
- Article 16 (4) empowers the State to make provisions for reservation in appointments for any backward class of citizens and for SCs and STs.
- Reserved services include government civil services, statutory bodies, public sector undertakings, semi-government bodies, and other bodies under government control.
- Affirmative action includes reserving seats for SCs, STs, and OBCs and relaxing eligibility criteria such as minimum age, minimum required qualification, representation of reserved categories in the selection committee, and separate interviews.
Education:
- Article 15 (4) empowers the State to make special provisions for the educational advancement of reserved categories.
- The State reserves seats for SC, ST, and OBC students in higher educational institutions run or aided by the Central and State governments.
- Financial schemes such as scholarships, fee concessions, free books and stationery, uniforms, monthly stipends, free coaching, and financial support for seminars/conferences are provided.
Political Representation:
- Articles 330, 332, and 334 grant seats for SCs and STs in the Central legislature and State legislatures.
- Similar reservations are given in local bodies.
- Political parties, such as Congress (I) in Maharashtra, have relied on backward classes for political success.
- Janata Dal governments in Bihar and Karnataka are examples of this strategy.
- In 1993, the Samajwadi Party in Uttar Pradesh won the assembly election with support from backward classes and Muslims in coalition with the Dalit-supported BSP (Verma, 2019).
- Other parties formed based on castes, ethnicity, and regionality include the Janata Party, the Janata Dal, Rashtriya Lok Dal, Biju Janata Dal, Janata Dal (Secular), Janata Dal (United), Dravida Munnetra Kazhagam (DMK), the All India Anna Dravida Munnetra Kazhagam (AIADMK) of Tamil Nadu, the Shiromani Akali Dal of the Sikhs in Punjab, the National Conference and People’s Democratic Party of Jammu and Kashmir, Asom Gana Parishad of Assam, Telugu Desam Party (TDP) of Andhra Pradesh, the tribal Jharkhand Mukti Morcha of Jharkhand, and various small ethnic parties of the Northeastern rim states, and the Scheduled Castes-based Bahujan Samaj Party (BSP), etc. (Rana et al., 2017).

3.3 Implementation of Affirmative Action in India

The Department of Personnel and Training (DoPT), the National Commission for SCs and STs, Backward Classes Commission, the Ministry of Social Justice and Empowerment, and the Ministry of Tribal Affairs ensure the implementation of reservation policies.
The DOPT ensures reservation of SC/ST/OBC/EWS in public employment and monitors it.
The National Commission for SCs/STs/OBCs examines complaints about the rights of SCs/STs/OBCs in recruitment/promotion and has the power of Civil Courts to make inquiries.
The annual reports of these commissions are discussed in the parliament.
The Ministry of Social Justice and Empowerment and the Ministry of Tribal Affairs are responsible for the development of people belonging to SC/ST communities through various schemes.
The Committee of Parliament on Welfare of SCs and STs examines the representation of SCs/STs in the legislature and makes recommendations for effective execution of policies and programmes.

4. Socio-Economic Effects of Affirmative Actions

4.1 Positive Effects

i. Improve Social Status

Society is divided into high, middle, and low classes.
Affirmative action increases the chances of disadvantaged and minority groups improving their class from low to middle and middle to high by providing better opportunities in higher education and public employment.
The middle class Dalit is a result of better education and employment opportunities granted by reservation policy.
The success of reservation policy is measured by the increase in the number of middle-class Dalits (Layer et al., n.d.).

ii. Inculcating the importance of Education among Disadvantaged Students

Disadvantaged families cannot afford good quality education.
Disadvantaged groups have faced and continue to face social exclusion in accessing education and public employment, which degrades their confidence.
Affirmative action increases the confidence of disadvantaged groups and encourages them to study for a better future (Borooah, 2010).

iii. Helping Economy to become Developed Economy

Affirmative action promotes education and equal opportunities, contributing to increasing the literacy rate.
Literacy is crucial for attaining the status of a developed country.
Literate citizens understand the importance of education and can avail themselves of better job opportunities.
It leads to the complete development of human capital in the economy and increases the standard of living and per capita income.
Literate people are more aware of health issues, which helps the economy by decreasing death and birth rates.
Affirmative action increases the rate of minority and female employees in firms and is considered an effective tool in creating job opportunities for oppressed groups (Leonard, 1984).
Development depends on per capita income, which can be achieved by reducing the income gap.
Reserving seats for socially and economically backward classes in public sector employment reduces the income gap and ensures that people from those classes earn a respectable salary.
The percentage of backward classes living below the poverty line was reduced from 51.32% to 35.97% between 1978-79 and 1993-94 (Chopra, 2021).

4.2 Negative Assumptions for Affirmative Action

i. Reverse Discrimination

Affirmative action promotes anti-discriminatory activities but can lead to discrimination against affluent groups by giving preferential treatment to oppressed classes, which is contrary to the concept of equality.
It is resented by the majority because it becomes difficult for them to get admission or public employment due to a limited number of seats.
Less talented people from minority/disadvantaged groups may get admission and public employment over talented people from the majority group.
People outside the reservation net may feel that they will not get admission and public employment no matter how good they are, leading to reservations becoming reverse discrimination.

ii. Lack of Meritocracy

Merit-based status is important for justifiable progress and motivates capable individuals.
Affirmative action may discourage meritocracy by allowing people from minority groups into higher educational institutions and public employment without considering whether they are the most eligible.
This may also be seen within the minority group due to affirmative action, which discourages them from acquiring education and employment through their efforts.
If affirmative action has a negligible effect on beneficiaries and the majority group, the result can be fatal.
Reserved categories may feel that performance and merit are irrelevant, and minority groups may feel that they will get admission and employment through reservation, which demotivates them from achieving excellence.
The absence of meritocracy in education and administration can lead to an unfortunate situation.

5. Does Affirmative Action’s Achieving Its Objectives?

Affirmative action aims to give more academic and employment opportunities to people discriminated against based on socio-economic conditions.
Policies were initially adopted to give justice to victims of caste-based discrimination but later expanded to include backward classes, economic backward groups, and underrepresented genders.
The genesis of affirmative action is to remove disparity from society that existed due to caste, creed, race, gender, and socio-economic conditions and place underrepresented groups at par with affluent groups.
Society has partially achieved its objective after implementing affirmative action.
Discrimination based on castes persists, especially in the labor market, restricting the full participation of lower castes in socio-economic activities.
Minority groups are still discriminated against by the majority group based on castes and religions.
There is an imbalanced distribution of occupation, occupation flexibility, and less contribution in jobs and businesses by lower castes due to a lack of opportunities.
Affirmative action establishes self-correct discriminatory behavior by pressuring society to reserve seats for underrepresented groups.
Economic discrimination based on castes can be tackled by economic empowerment and equal opportunity through affirmative action.
Affirmative action is the solution to eradicate favoritism of upper castes over lower castes and involve them in industrial output (Thorat & Newman, 2007).
The reservation policy was introduced to compensate for the discrimination faced by Dalits.
The reservation policy did not fully achieve its purpose initially due to high rates of illiteracy, poverty, and unawareness among Dalits.
As affirmative action is legally imposed and stakeholders are made aware of their rights, it achieves its objective.
Authorities are more conscious to follow affirmative action, and it becomes indispensable in allocating resources and education.
People, especially from reserved classes, are fully aware of the reservation granted to them in education and public employment.
The majority of respondents from the reserved category are getting the benefits of reservation and favor its continuation (Baljinder Singh and Neeraj Kumar, 2015).
Affirmative action is achieving its basic objective by placing underrepresented groups at par with overrepresented groups in education and public employment.
Much needs to be done, especially extending affirmative action from the public to the private sector (Attewell, 2015).

6. Conclusion

Education and employment were not easily accessible for minority groups, which led to their underrepresentation.
Discrimination was due to caste-based differences and socio-economic conditions.
Affirmative action was enacted for the upliftment of historically marginalized groups, initially for Scheduled Castes and Scheduled Tribes but later extended to socio-economic backward classes.
Affirmative action is in the form of reservation policies by granting quotas to SC, ST, OBC, and EWS in higher education and public employment.
Affirmative action conforms to constitutional provisions under Articles 16 (4), 15 (4), 330, 332, and 334, which grant citizens the right to equality.
Affirmative action removes disparities, increases literacy rates, improves living standards, changes attitudes toward minority groups, and provides welfare measures for economically weaker sections.
Opponents consider affirmative action a reverse discrimination towards unreserved categories and a compromise with merit.
Affirmative action creates a good impact on society and contributes to its overall development.
Ensuring a due share of reserved categories in education and public employment through affirmative action is not sufficient.
Affirmative action needs to be reviewed, considering the socio-economic and attitudinal changes in society.
The policy has been extended every five years with the addition of more categories for reservation instead of reviewing it.
Policymakers and legislators must frame a society-oriented affirmative action plan to benefit the most eligible categories of people and extend its ambit from the public to the private sector.
Inequality will persist, and affirmative action will fail if this is not done.

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