AARAKSHAN: MP Ruhullah’s letter to CM Omar revives reservation debate in J&K

30 October 2024

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Srinagar, Oct 30: Member of Parliament for Srinagar Aga Syed Ruhullah Mehdi’s letter to Chief Minister Omar Abdullah, urging a reconsideration of the Union Territory’s reservation policy, has revived public debate on this contentious matter.

The current reservation policy in J&K union territory, which reserves jobs and education seats for various social categories, has faced criticism for its potential to sideline merit-based opportunities, prompting Ruhullah to advocate for a balanced, inclusive approach.

In his letter to the Chief Minister, Ruhullah emphasized the need to support deserving sections of society without undermining merit. He highlighted that while the reservation policy aims to foster social equity, it risks discouraging skilled individuals if it disproportionately restricts access to opportunities based solely on merit. This, he has hinted, could lead to long-term challenges for the region’s workforce competitiveness and social cohesion.

Analysts believe, the letter reflects growing concerns within J&K about maintaining a balanced reservation system that promotes inclusivity without compromising excellence. Ruhullah’s intervention seeks to spark a policy-level debate on the dynamic approach to reservation, encouraging a nuanced stance that respects both social equity and meritocracy, observers believe.

They believe J&K will have to embrace the idea of dynamic categorization, formalising periodic reviews and adjustments to which communities qualify for reservations.

Historical context of reservation in J&K and current debate:

Jammu & Kashmir’s reservation policy has historically included various categories, such as Scheduled Castes, Scheduled Tribes, and other socially and economically disadvantaged groups. However, the policy has often been a topic of contention, with debates intensifying after J&K’s reorganization as a Union Territory in 2019. In the face of increasing demands for efficiency and effectiveness in government administration, critics also argue that reservation policies need to be adapted to meet the needs of governance excellence besides addressing the needs of underprivileged groups without compromising the prospects of meritorious individuals.

Some observers point out that, while reservation policies are intended to rectify historical disadvantages, they can inadvertently breed dependency and resentment, especially if they are not updated to reflect the current socio-economic realities of J&K. In addition, there are concerns that extending reservations without periodic review may discourage highly qualified candidates, leading to a “brain drain” from J&K as talented youth seek opportunities outside the UT.

Public reaction and the road ahead:

Ruhullah’s call for rationalization has resonated with segments of the public who feel that the current policy can be overly restrictive. However, others argue that any changes to reservation policies must be approached cautiously, considering the social disparities that persist within the UT. Critics of the existing reservation framework believe that the policy should be regularly reviewed to ensure it remains relevant and equitable.

“Creamy Layer” debate

The debate around the concept of the “creamy layer” in India and the exclusion of certain socially and economically advanced groups from reservation benefits centers on ensuring that affirmative action policies in the country are targeted towards those who genuinely need them, rather than those who have already progressed significantly. This issue is particularly relevant for the Other Backward Classes (OBC) category, which includes a range of groups with varying levels of socio-economic development.

The “Creamy Layer” concept

The “creamy layer” refers to the wealthier and more educated members within the OBC category who are relatively well-off compared to others in the same category. This concept was introduced by the Supreme Court of India in the landmark Indra Sawhney vs. Union of India case in 1992. The court ruled that individuals within OBCs who are socially and economically advanced should be excluded from reservation benefits to prevent those who are well-off from monopolizing the benefits meant for the truly disadvantaged.

Current income criteria:

As of recent updates, the “creamy layer” cut-off is an annual family income of over ₹8 lakh, though this income threshold is often debated, with some arguing it should be raised to reflect inflation and modern cost of living, while others believe it should be lowered or revised to better target the needy.

Arguments in favor of excluding the “Creamy Layer”

Proponents argue that allowing affluent members within OBCs to benefit from reservations reduces opportunities for those in need. They assert that reservation policies are meant for social upliftment and that individuals who have already reached a certain level of socio-economic success should no longer be eligible.

Preventing inequity within OBCs:

Critics of the current reservation system suggest that allowing the “creamy layer” to avail benefits has led to the same families or groups repeatedly benefiting, while poorer members within the OBC category continue to struggle. This exclusion is thus seen as a way to balance equity within the OBC category itself.

Debate on denotification of Certain Backward Classes

Progressed Groups**: Another part of the debate focuses on the denotification or reclassification of communities or sub-groups within reserved categories that have already achieved substantial social and economic progress, and hence, may no longer require reservation support. Some argue that these groups, having reached significant socio-economic mobility, no longer face the same disadvantages and should not continue to benefit from reservations.

Advocates for denotification suggest that a periodic review of the socio-economic status of various reserved communities should be conducted to identify groups that no longer require affirmative action. This would involve re-evaluating communities based on parameters such as income, education, and social standing.

Political resistance and social concerns: However, observers admit, the denotification process is complex and faces political resistance, as communities fear losing benefits and influence. Some leaders argue that even economically advanced reserved category groups still face social discrimination, making denotification a sensitive issue.

Challenges and criticisms

There is ongoing debate over whether the income criteria are adequate to determine who qualifies as “creamy layer.” Some argue that the current criteria don’t capture the full picture of socio-economic status, as factors such as education, occupation, and regional disparities are also relevant.

Ruhullah Mehdi’s call for policy reforms in J&K:

Ruhullah Mehdi’s call for rationalisation, although not specifically elaborated in his letter, is likely to add to the growing calls for policy reforms, which, inter alia, could refine the creamy layer criteria and make reservation policies more inclusive and fair in J&K.

The J&K government is expected to address this issue as part of its broader administrative reforms. If implemented, a rationalized reservation policy could provide J&K with a unique model of social equity that respects both historical disadvantages and the aspirations of a young, talented workforce, observers believe.