Right to Equality vis-a-vis Reservation System in India

Topics: Mandal Commission, India, Creamy layer Pages: 7 (2665 words) Published: October 3, 2014
Right to Equality in
Reservation in favor of
Backward Classes

Nisshtha Ghai

Present Day Scenario
Original Story:
The Ant works hard in the withering heat all summer building its house & laying up supplies for the winter. The Grasshopper thinks the Ant is a fool & laughs dances plays the summer away. Come winter, the Ant is warm & well fed. The Grasshopper has no food or shelter so he dies out in the cold.

Indian Version:
The Ant works hard in the withering heat all summer building its house & laying up supplies for the winter. The Grasshopper thinks the Ant's a fool & laughs dances plays the summer away. NDTV, BBC, CNN show up to provide pictures of the shivering Grasshopper next to a video of the Ant in his comfortable home with a table filled with food. The World is stunned by the sharp contrast. How can this be that this poor Grasshopper is allowed to suffer so? Arundhati Roy stages a demonstration in front of the Ant's house. Medha Patkar goes on a fast along with other Grasshoppers demanding that Grasshoppers be relocated to warmer climates during winter. Mayawati states this as 'injustice' done on Minorities. Amnesty International and Kofi Annan criticize the Indian Government for not upholding the fundamental rights of the Grasshopper. The Internet is flooded with online petitions seeking support to the Grasshopper (many promising Heaven & Everlasting Peace for prompt support as against the wrath of God for

Opposition MPs stage a walkout. Left parties call for 'Bengal Bandh' in West Bengal and Kerala demanding a Judicial Enquiry. CPM in Kerala immediately passes a law preventing Ants from working hard in the heat so as to bring about equality of poverty among Ants & Grasshoppers.

Lalu Prasad allocates one free coach to Grasshoppers on all Indian Railway Trains, aptly named as the 'Grasshopper Rath'. Finally, the Judicial Committee drafts the 'Prevention of Terrorism against Grasshoppers Act' [POTAGA], with effect from the beginning of the winter. Arjun Singh makes 'Special Reservation' for Grasshoppers in Educational Institutions in Government Services. The Ant is fined for failing to comply with POTAGA and having nothing left to pay his retroactive taxes, its home is confiscated by the Government and handed over to the

Arundhati Roy calls it 'A Triumph of Justice'. Lalu calls it 'Socialistic Justice'. CPM calls it the 'Revolutionary Resurgence of the Downtrodden'. Kofi Annan invites the Grasshopper to address the UN General Assembly. Many years later, the Ant has since migrated to the US and set up a multi-billion dollar company in Silicon Valley, 100s of Grasshoppers still die of starvation despite reservation somewhere in India, and as a result of losing lot of hard working ants and feeding the grasshoppers; India is still a developing country!!!

The Equality Principle
The principle of equality is having a revolutionary effect on life in contemporary India. The impact is more dramatic there than elsewhere because perhaps no other major society in recent history has known inequalities so gross or so long preserved. While “Equality before the law” is negative concept; “equal protection of laws” is a positive one. The former declares that everyone is equal before law, that no one can claim privileges and that all classes are equally subject to the ordinary law of the land. “Equal protection of Law”, on the other hand means that among equals, the law should be equal and equally administered. That like should be treated as like. In other words, persons differently circumstanced need not be treated in the same manner. For example ‘Equal protection of Law’ does not mean that every person shall be taxed equally, but that persons under the same category should be taxed by the same standard. The guarantee of “equal protection” thus is a guarantee of equal treatment of persons in “equal...
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