The Supreme Court has asked: “For how many more generations will reservations in jobs and education sectors continue?” This question has arisen in the context of providing reservation for Marathas. The court has expressed anguish over the arguments that the maximum limit for reservation should be removed. In Maharashtra, Marathas are not ‘ex-untouchables’ and have obtained preferential representation in religious, political, economic and other sectors. Despite this, they have been demanding reservation using people, wealth, and political might.
Undoubtedly, this demand, if conceded, is going to directly hit the economically weaker sections of Dalit and Backward Classes. When upper castes including Marathas demand reservation, the first question that the court should ask: ‘Are you experiencing caste exploitation or untouchability in society’? or ‘Have you been inadequately represented in political and education spheres due to caste exploitation or untouchability’? These two questions prove that they would not be eligible for reservations. But no judge or constitutional expert ever asks such a question to upper and forward castes. Not only this, the communities eligible for reservation remained silent and gave their permission when ten per cent reservation was provided for the poor in the upper castes. Of late, many upper castes are demanding reservation. Even though these advanced communities do not require reservation, certain forces are instigating them to fight for reservation. The stark reality is that this is an RSS ploy to remove reservation and these agitations are not being taken up with any concern for the respective castes or communities.
The question ‘How long will reservation continue’ was not raised by the Judge but he was made to ask such a question. By providing ten per cent reservation for the upper caste poor, the objective of reservation has already been defeated. Reservation has not met any of its objectives so far or the powerful upper caste lobby in the establishment have not allowed its effective implementation. To this date, lower caste people are involved in manual scavenging. A handful of Dalits benefited out of reservation, got educated, and obtained the best jobs. These educated Dalits have hardly tried to uplift their brethren or implement reservation for them. Many of them maintained a distance from the same Dalit community they were part of the moment they experienced the life of upper classes. The situation would not have become so grim if those who saw better life thanks to reservation had taken interest in other Dalits. As Dalit movements weakened, strong communities started asking for their share in reservation. This reached a stage with upper caste poor given ten per cent reservation. If developed communities start grabbing a share of reservation, the reservation provided to weaker sections will shrink. If the concept of reservation tried to empower the disempowered weaker sections, the country is seeing a trend where the powerful and empowered sections are demanding more benefits. Society has accepted all this silently. When various castes hit the street to demand fresh or more reservation, the discussion that ensues is that ‘nobody needs reservation.’ It is obvious that a big conspiracy is being hatched to make sure that reservation is eventually removed by projecting that reservation is the reason for all confusion in the society.
The first question that the court has to ask is: “Does caste-based exploitation exist”? If an answer is found to this question, an answer can be found to the question of whether reservation should continue or not. Even to this day, this country has Dalit colonies and Dalits are being exploited inhumanly. A situation is created where Dalits riding a horse at their weddings are attacked. It is not that the Judges are not aware of this. Let the judiciary obtain a report about the extent to which the lives of Dalits have improved after reservation. And if their lives have not been improved, it should probe as to why there has been no improvement. Then the truth will emerge. Today, the responsibility should be to make sure that reservation is implemented effectively and not to do away with reservation on the pretext that ‘the period of reservation is over.’ If Patels, Jats, or other castes exert pressure for reservation, the extent of representation that these castes have obtained when compared to other castes should be examined. Based on this, a decision on whether reservation should be provided or not should be taken. The only answer to the question ‘For how many generations reservation should continue’ is ‘Reservation should continue through generations as long as caste exploitation continues. When those who face caste exploitation get maximum representation in politics, industries, education spheres, then reservation can be removed.’ Let’s wait for such a day!
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New Delhi (PTI): The Supreme Court on Friday said a husband has to equally participate in household chores like cooking, cleaning and washing as he is not marrying a maid but a life partner.
The observations came from a bench of Justices Vikram Nath and Sandeep Mehta which was hearing a petition filed by a man challenging an order of the Karnataka High Court.
The high court had set aside a trial court order granting divorce to the man on the ground of cruelty.
During the hearing before the apex court, the counsel appearing for the man said the mediation between the parties had failed.
He said the marriage between the parties took place in May 2017 and since 2019, the couple is separated.
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"I (man) want a divorce. The trial court granted a divorce on the ground of cruelty," the counsel said.
The bench asked what the cruelty was as alleged in the matter.
The counsel appearing for the man said the woman had indulged in improper behaviour and was not cooking food.
"You have to equally participate in all these. Cooking, cleaning, washing, everything. Today's times are different," Justice Nath observed, adding the high court was right that it might not be a ground for cruelty.
"You are not marrying a maid. You are marrying a life partner," Justice Mehta observed.
The bench was told that both of them were working in a government school.
"Call both parties physically. We would like to speak to them," the bench said.
It posted the matter for hearing on April 27 and asked both parties to remain present before it.
