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QN 1 (c) Affirmative Action.(CSE Mains 2016)PSIR-I 2016 


The worst form of inequality is to try to make unequal things equal.
-Aristotle


Affirmative action (also referred as positive discrimination) is one of the widely adopted method for upliftment of a backward community. In India it has taken the form of reservation for socially and educationally backward classes Article 16(4). Many countries (Africa, United States, etc) where there has been some form of historical injustice metted out to a section of population such policies have been adopted.

These policies aim to to equalise the differences. Their main goal is 

Neither to treat equals unequally,
Nor to treat unequals equally,
Only to treat equals equally.

Some countries such as UK have been criticized as being color blind for not incorporating such policies. Critics have argued that by not discriminating these Nations have discriminated against the weaker section of the population. They believe that it is the duty of the nation to acknowledge the historical injustice and provide protection for the upliftment of the most vulnerable section.

India has adopted the concept of differentiated equality wherein capacity as well as circumstances of an individual are taken into consideration. Having the Welfare of backward classes (especially SC/ST) the constitution abjures the concept of absolute equality and incorporates differentiated equality. In India we have,
  • reservation in education
  • reservation in employment
  • reservation in elected bodies and
  • reservation in consequential seniority
Post Mandal Commission  the inability of other backward classes to compete  for resources  with the forward community has been acknowledged  and provisions incorporated for their safeguards. The Supreme Court has upheld the validity of reservation in Indira Sawhney vs Union of India and laid down guidelines to be followed for its effective implementation.

Critics have call for the abolition of such quotas. They have pointed out to the perpetuation of the reservation policy continuously despite the constitution incorporating it as a temporary measure for 10 years. They have pointed out to the failure of reservation to uplift the backward communities and asked for a roll back of the policy.

But it is worth remembering that the founding fathers were not aspiring for a meritocratic society. They wanted an egalitarian society where the needs of the most vulnerable section where also met. Their vision was to create a welfare Nation state with development as its main goal. The goal should be to treat people in a fairly (as opposed to equally). Equitable treatment rather than equal treatment would only do complete justice in certain circumstances. 

Any change in policy should take into consideration weather the circumstances that necessitated the introduction of these provisions have been adequately addressed. Knee jerk reaction would create social and political unrest. Any policy decision should be driven by concrete evidences rather than emotional impulse.

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