When Reservation Becomes Reverse Discrimination
It was a hot day in mid June last year that I found myself lost in imagination thinking about the shrinking space for merit in J&K & the deafening silence around it.
As the day unfolded I happened to meet a well informed person — now an elected legislator— and had a very candid conversation with him. I tried to drive home the point that how excessive Reservation in general & the new policy that was instated a couple of months back then were among the biggest challenges confronting the majority youth of J&K and how even from the prism of politics, it would only be rewarding for him to bring the issue into public discourse considering the sheer scale of affected population.
However to my surprise, in the due course of the conversation when I got to know about the lack of resonation of this issue among the masses from the said person , I knew it would take a serious effort of sorts to actually make the population at large come to terms with the scale and magnitude of what had hit them.
While this issue was slowly getting traction especially after some of the political leaders raised it in their poll campaigns in the run up to J&K Assembly 2024 elections, I found there was a clear lack of objectivity, factual data and constitutional logic to back the rhetoric that tried --& rightfully so --to expose the pitfalls of a flawed Reservation system in place.
In the span of next few months and especially after I fell short by some marks in clearing State Civil Services exam, after reaching the interview stage, I decided to deeply research the intricacies of this issue to probe why the Reservations in a state like J&K,which has the highest General Category population in India, had reached such abnormal levels creating a drastic gap between cut-offs of Open & Reserved categories. How is that affirmative action that was meant to be an enabling action transformed into an elite entitlement?
It is with these curiosities in mind I actively forayed into the Reservation debate that was being raised by some of my friends and other colleagues ever since March 15 2024.
RESERVATIONS IN J&K : Political Expediency masquerades as Social Justice
A striking case study of how the good purpose of affirmative action may morph into a tool of political appeasement, therefore damaging merit and fuelling disillusionment among the meritorious youth is the evolution of Reservation quotas in Jammu and Kashmir --a territory inherent with a particular geopolitical complexity and a history of socio-political change across centuries.
At the very outset it’s important to have a bird's eye view of J&K caste demographic & surrounding facts.
As per the surveys conducted in the last official census (2011), J&K has the highest general category population in the country at 69.3%. It has the lowest caste based crimes in whole of India as per the official statistics of National Crime Records Bureau. Add to this the fact that in every state or UT, the threshold of Open Merit (OM) is kept two or three times (1.51 times being the lowest multiplier) the Ggeneral category percentage since OM is open to all the categories- both Reserved & Unreserved, and hence OM percentage has to make allowances for seats taken by Reserved from the pool of merit in addition to their closed quotas. This is done to ensure that the GC population gets some respectable share eventually from the pool of merit. Hence even in the worst case scenario if the General category population had somehow drastically reduced to 50% currently (for the sake of assumption) the ideal threshold of merit in J&K would still be around 76.5% - close to the original position that existed before 2004 Reservation Act.
Now lets take a brief dive into historical evolution of Reservations In J&K. These reservations were first meant as a short-term fix to help formerly underprivileged areas, but their development has produced a complex network sometimes bordering on reverse discrimination that slows the actual development they aimed to attain.
Like elsewhere in India, the idea of reservations in J&K had its origins in the constitutional need to guarantee social justice and fair representation for Scheduled Castes (SCs), Scheduled Tribes (STs), and other backward classes. The foundation for quotas in public sector employment and educational institutions was established by the J&K Reservation Act of 2004 and its later amendments.
Originally designed to tackle real historical inequalities, the policy started codified reservations with the Constitution (Jammu and Kashmir) Scheduled Castes Order 1956, with attempts to help long suffering socio-economically backward populations. Early 1990s inclusion of Gujjar and Bakerwal groups in the ST category was also presented as a step toward including underprivileged groups—especially those in border regions—into the main flow.
Over the years, though, the reservation system in J&K started to depart from its original purpose. Originally a compensating mechanism, what developed into a constant instrument with successive governments broadening its scope and adding new categories mostly driven by political considerations rather than a thorough socio-economic study.
The Quota Quagmire
Further major changes to J&K’s reservation environment have been seen during the post-Article 370 abrogation period. Some changes have amplified the current problems even if others intended to bring the policies of the erstwhile state and the present UT structure in line with national standards. Along with a substantial rise in the total ST quota to 20%, the recent addition of new tribes such as the Pahari ethnic group, Kolis, and Gadda Brahmins to the Scheduled Tribes list has generated much controversy. Although this action is politically sensible for some groups, it has been condemned by a section within Tribals as one of appeasement that lessens the advantages for current ST communities and further reduces opportunities for the general category.
J&K now has a situation where open merit seats are drastically restricted given an overall reservation percentage well above the 50% limit envisioned by the Supreme Court. Reports, for example, show that open merit bookings have been reduced from 78% prior to 2004 to as little as 33% in certain cases while the overall reserved quota could increase to over 60-70%. Particularly in a place already struggling with significant unemployment, drug abuse and rising resort to alcohol this unfair distribution has caused youth from the GC population who do not fit under any reserved category to feel cheated and alienated for no fault of theirs. In a way social evils get a solid root in current exclusionary reservation structure that leaves no accommodation for the General Unreserved youth.
The original sin
Political parties eager to win elections often broaden reservation classifications or raise existing quotas without enough socio-economic surveys, therefore using reservations as a means of consolidating particular vote banks.
Regional Imbalances: The allocation of reservation advantages and certifications has also raised concerns about regional disparities, with some areas apparently receiving a disproportionately greater share of certificates, therefore leading to accusations of a “rigged” system. Among those who feel underprivileged, this causes resentment and alienation.
Meritocracy’s core tenet in higher education and public services takes a backseat when an overwhelming percentage of seats are reserved. Although reservations are necessary for representation, an excessive quota as seen today invariably results in less deserving candidates obtaining jobs over more meritorious ones from the general category, therefore lowering administrative effectiveness and human resource quality in every public institution.
The “creamy layer” or what I call the “Reserved Elite” inside the reserved categories frequently reap the rewards, depriving the actually poor people within those very categories their right. Rather than really uplifting the most marginalized, this perpetuates a vicious cycle of privilege for the already privileged elite.
A saga of undelivered promises
From Jantar Mantar to Gupkar to Six month deadline of the Cabinet Subcommittee report.
Summing up my personal yet humble experiences with the issue, it took us months of hard work to put out facts in the public domain and thereby generate mass awareness on this issue. Taking nothing away from various activists — whether social or political, it was a collective coalescing of efforts from people who had directly or indirectly been the victims of the excessive Reservations that gave this issue a launching pad. Over the course I realised that our simple method of reiterating facts that become common sense when oft-repeated – a simple way of dialectics inspired from some of the finest political theorists like Aristotle and Gramsci – actually had a powerful resonance.
The clamour from social media was amplified in the national airwaves when we assembled in a meet up organised by a JK Students body at Jantar Mantar.
I along with some prominent Social Reform activists and students made an earnest effort to bring the issue into national limelight. The entire pent up pressure later culminated into a historic Gupkar protest that saw participation of an MP and legislators across lines of party divide in Kashmir.
Following Gupkar, a Cabinet subcommittee that was already established on November 22, 2024 to look into this pressing issue, was given a time cap of 6 months which is well past its due as I write. Furthermore, accompanied by some colleagues when I unveiled the Reservation (Rationalisation) Bill at a press conference in Jammu which was later modified into a draft bill and taken to the Assembly by a respected legislator, the idea was not merely to attempt to get the bill passed - since that was a difficult proposition considering the bill in question was a private member bill – but the generation of a powerful discourse in the Assembly that would highlight the gravity of the issue at hand. On all these counts whatever we could achieve as a collective we did to a great extent.
The Way Out
Solving this challenging problem calls for a multi-pronged strategy that goes beyond conciliation and towards actual, merit-based social justice:
Periodic Review and Rationalisation: The subcommittee must thoroughly and objectively review the J&K reservation policy. This committee ought to determine the socio-economic condition of different communities, pinpoint those really in need, and justify the reservation numbers based on current reality, not solely past injustices.
Though caste and tribal identity have historically been the foundation, the emphasis should progressively move toward economic backwardness regardless of caste or creed. This would guarantee that the advantages go to the really impoverished, including those who are economically challenged inside the overall group.
This can only be accomplished if the Sub-Committee comes out with a decisive report giving merit its due share .
Strict Implementation of “Creamy Layer” Exclusion: The “creamy layer” concept must be aggressively enforced to guarantee that the advantages of reservations are not exclusively enjoyed by the wealthy groups inside the reserved categories.
Investing in high-quality education enables genuine empowerment : Rather than only counting reservations, the government must give top importance to enhancing educational infrastructure and opportunities in underdeveloped regions so that all communities may compete on an equal level.
Encouraging Social Cohesion: Open discussions and community involvement are vital in addressing the rising resentment and inspiring a feeling of common advancement. The story should change from “us versus them” to shared progress. This can only come if the Reserved recognise that Reservations have disproportionately exceeded the desired threshold alienating an overwhelming majority in both Kashmir and Jammu regions.
With the mandal politics finally casting its shadow on J&K, we stand at the crossroads. For far too long, reservations, intended to be a ladder for upward mobility, have been used as a political tool to divide classes into small vote banks undermining merit, and the share of GC population in the process.
Now is the time for a strong, ethical leadership to tear down the framework of appeasement and open the door for a system that really values merit, offers fair opportunities, and guarantees that no deserving person, independent of their background, feels marginalised or discriminated against. Only then can J&K really start on a path of social harmony and usher in true meritocracy which is the hallmark of a progressive society in this day and era.
Authored by :
Mir Mujeeb, reservation reform activist, PhD International Relations appeared thrice in civil services interview.
