GS Paper 2
Syllabus: Comparision of the Constitution of India with other countries
Source: IE
Context: The Supreme Court of the United States (SCOTUS) recently ruled on affirmative action in college admissions, limiting its use. We already covered a summary of the News (Affirmative Action in Higher Education). Here we will compare the affirmative actions of India and the USA.
Meaning of Affirmative Action:
Affirmative action refers to policies and practices aimed at promoting equal opportunities for historically disadvantaged groups, particularly in areas such as education, employment, and government contracts.
It involves taking proactive steps to address past discrimination and promote diversity and inclusion. Affirmative action can involve measures such as preferential treatment, quotas, or targeted outreach programs to ensure representation and equal access to opportunities for underrepresented groups.
Comparison of affirmative action in India and the United States:
| Dimension | Affirmative Action in India | Affirmative Action in the USA |
| Purpose | Address historical social and economic inequalities based on caste | Address historical discrimination based on Race |
| Targeted Groups | Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC) | African Americans, Hispanics, Native Americans, Asian Americans |
| Reservation System | Reservation Quota policies provide reserved seats in education, employment, and politics | Quota systems are not used. Instead, diversity and inclusive policies are encouraged in the admission practices that seek to increase the representation of Black, Hispanic and other minority students in colleges and universities. |
| Origin | William Hunter and Jyotirao Phule in 1882 originally conceived the idea of a caste-based reservation system. Fundamental right under Articles 15(4) and 16(4) of the Independent India constitution. | Civil Rights Act of 1964 which ban discrimination on various grounds. |
| Reservation Percentage | Fixed at 50% (Indra Sawhney judgement) for OBC, SC & ST in both employment and education | No fixed percentage. It depends on the institution or program and varies for different states of the USA |
| Criteria for Eligibility | Caste-based identity; Social, Education and economic (EWS quota) backwardness | Race, ethnicity, and historical disadvantage |
| Duration | Originally intended as a temporary measure in the Indian constitution, but extended to achieve social justice | Continues to evolve based on societal changes and legal interpretations |
| Controversies | The debate over extending reservations to other communities and concerns about reverse discrimination
e.g., 2006 Anti-Reservation Protests; Patel and Jats demanding reservation |
Controversies around misuse of affirmative policies. |
The Argument for Affirmative Action:
Affirmative Action is a necessary policy to rectify the long-standing historical injustices faced by marginalized communities. It provides them with access to education, jobs, and public services, enabling social mobility and breaking the cycle of poverty. By promoting diversity and inclusion, reservation contributes to a more equitable and harmonious society.
Argument Against Affirmative Actions:
While the intention of Affirmative Action is laudable, it has some unintended consequences. Reservation can lead to divisions and animosity among different groups, and it may perpetuate the notion of caste in society. It also hampers meritocracy, as deserving candidates may be overlooked in favour of less qualified candidates from reserved categories. Instead, a more targeted and comprehensive approach addressing economic backwardness could be considered.
Way Forward:
To strike a balance, Affirmative policies should be reevaluated to target the most marginalized and economically disadvantaged individuals rather than perpetuating caste-based reservations. A strong focus on quality education and skill development for all, regardless of caste or creed, will empower the marginalized and ensure equal opportunities.
Conclusion:
Public awareness and dialogue on the purpose and implementation of reservation are essential to foster understanding and cooperation among diverse sections of society.
Mains Links:
Critically examine and compare how affirmative actions in India and USA have the backing of their respective Constitutions (250 Words)
