Abstract
The social, geographic and economic diversity of India is a well-known fact. Reputed for its avowed adherence to the principle of ‘unity in diversity’, this country faces several real, day-to-day challenges that it must overcome. This essay explains a few puzzles in the evolution, conceptualisation, legalisation and implementation of the ‘quota–reservation’ policies in India. It argues that seemingly logical and fair affirmative actions through ‘targeting strategies’ can be counterproductive in the long run. While describing an instance of the ‘equal but separate’ approach in imparting education to India’s minority communities as exclusionary, the essay also suggests that data-based understanding of the structure of social and economic differentials is the key to chart out robust policies for overcoming social exclusion and achieve effective equity.
Keywords
Introduction
The complex web of social diversity in India is widely cherished, yet it has created challenges in achieving equity and equality of opportunity which are the goals of modern democratic societies. An empirical understanding of the nature of social diversity is essential; this can be achieved through data analysis and estimating the size, distribution and inter-group differentials. There are multiple levels at which social deprivation issues must be addressed.
The measures and yardsticks used to assess the achievements and outcomes for different groups as well as the question of whether such measures themselves are different for different groups are often ignored. We must note that outcome measures are the scientific and definitive foundations for establishing affirmative actions. They are crucial to identify institutional systems and mechanisms through which a ‘level playing field’ can be created in a complex multilayer democracy. Also important is to ask—is it society, the economy, or the governance system, not to mention political ideology that must take up the responsibility of achieving equity and equality of opportunity? Within each of these sectors, there are several structural issues emanating from hierarchical, geographical and social group identities. For example, social diversity in terms of caste and religion, regional diversity in rural and urban spaces, and national- versus state-level governance are challenges that need to be understood. This short essay 1 discusses the context of India’s ‘affirmative action strategies’ which are constitutionally fossilised in terms of quota–reservation policies but require new additions.
The New Quota–Reservation Policies: Virtuous in Design, Difficult to Implement
The Economically Weaker Sections (EWS) Quota
The recently implemented 10 per cent EWS quota is in addition to older quotas for Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backward Classes (OBC) categories that have been in operation for many decades in post-independence India. The EWS quota, in effect since 1 February 2019, has been challenged on the grounds of constitutionality and equity. The ambiguities of social stratification led to many difficulties in identifying eligible youth from the large canvas of religion and caste diversities. Quota implementation must meet the fundamental principles enunciated in the Indian Constitution that guarantee equality of opportunity and empowerment of weaker sections. These weaker sections cannot be entirely identified based on ‘economic yardsticks’ including ‘monetary income cut-offs’. Social deprivation, marginalisation, and socio-economic exploitation must be the predominant criteria. The underlying objective is to dismantle transgenerational marginalisation due to economic disadvantages, social inequality, and political exclusion.
The traditional post-Independence quotas allocated to SCs and STs match their respective population strength at the national level while the OBCs, who constitute about one half of India’s population, 2 are eligible for a 27 per cent quota. Altogether, the SC, ST, and OBC quota add up to just under 50 per cent. The remaining positions, just over 50 per cent, are open for the ‘general’ 3 population. The social structure of this group is complex, yet it gives relative advantage to upper-caste Hindus over the OBCs and Muslims. 4 In terms of statistical probability, upper-caste Hindus get considerably higher seats in most educational institutions and public sector employment compared to their share in the population. A majority of Muslims are currently in the general category; they hardly make it to the competition, and their representation is far too low both in educational institutions and public employment.
The 10 per cent EWS quota does not erode the quotas accorded to SCs, STs, and OBCs. Yet given the above types of complex social structure and associated quotas; it increases the representation of upper-caste Hindu candidates, who already have disproportionately higher presence both in educational institutions and public sector employment (Government of India, 2006). Now that the EWS quota is a reality, the issues at hand are in its implementation.
The government has clarified that the EWS quota implementation will be based on estimated state-level caste/social identities; yet no authentic data are available to list such identities with accuracy. On the economic criteria, a certificate issued by a local ‘revenue official’ will be used to determine the income cut-off. This is also problematic. Such certifications are mired in both political influences and local-level corruption across India (Shariff & Khan, 2022a).
SC Status and Extension of Quota to Dalit Muslims and Christians
In September 2022, the union government announced the setting up of a national commission to study the possibility of providing reservations for ‘SCs (dalits)’ who have converted to Islam and Christianity. 5 This was both surprising and amusing. Tactically surprising because the ruling BJP is known for its anti-minority (especially anti-Muslim) stance, and amusing since the existence of dalit Muslims (and to an extent, dalit Christians) has not gained official recognition since Independence. Once a responding household identifies itself as ‘Muslim’ or ‘Christian’, census and national sample surveys do not allow for its reporting as members of a ‘dalit’ caste. Nor has there been evidence of recording ‘dalit’ status in such instances in any government department or institution. The officials who are authorised to endorse and issue caste certificates do not issue such certificates if applicants declare themselves as Muslim or Christian in the first place. The question is whether identifying dalits amongst Muslims and Christians will require a constitutional amendment. Some experts 6 say that a modification of the Presidential Order 1950, which, after amendments in 1956 and 1990, grants SC status only to Hindus, Sikhs and Buddhists ought to suffice (Shariff & Khan, 2022b).
The Puzzles in Imparting Equity and Equality of Opportunity in Education
The evolving Indian quota system has two main fields of operation. One is access to education (mostly at higher levels, with possible modifications to address mass education) and employment in government and public sector enterprises. The quota system is a targeting strategy. And yet, several associated affirmative action programmes can create adverse results.
Education: A Catalytic Agent
Education acts as a catalytic agent in development but is fraught with several sets of hurdles or stumbling blocks which must be overcome. 7 The first is ensuring physical access to and enrolment in appropriate levels of education. Second, even when the marginalised and the excluded are programmatically given access to schools, they find themselves trapped in poor-quality institutions, as we shall see later (see also Government of India, 2006). The supply-side quality of education has decisive impacts on the demand for and the completion of primary education. Retention in primary schooling and progression to higher levels such as secondary education depend upon accessibility, quality, and expected ‘rate of return’ or benefits. The excluded and marginalised groups suffer from these hurdles. Lately, additional limitations are emerging, such as sociocultural hostility relating to religious, caste, and language factors as well as geographical factors (the rural–urban divide and locality-specific factors such as in slums and ghettos). Schools can in fact alienate pupils by altering the group ethos related to notions of, for instance, nature, the origin of life and history as well as unique lifestyles as expressed through clothing and dietary habits. The third factor emanates from outcomes—measured not only in terms of quality of education or levels of achievements but also competitiveness in labour markets and the capacity to earn a living wage—which often depress the level of motivation amongst the marginalised.
‘Separate but Equal System’: A Targeting Strategy Bound to Enhance Marginalisation and Exclusion
Several states in India have begun to address the issues of low enrolments and high dropout rates, especially of girl students. A recent strategy is the establishment of many ‘Model Schools’ in Muslim neighbourhoods. Such policies are examples of the ‘best practices’ of states. However, the outcomes are unsatisfactory to the extent that a whole generation of students appears to be trapped in a low-quality school system and is barely equipped to compete in open labour markets.
Both the central and state governments are investing in a system which targets a particular community, group, or geographic area. This is akin to the ‘separate but equal’ logic. The quota–reservations, the budgetary allocations, and the legal provisions are all in this logical direction. For example, budgetary allocations and investments are underway in the creation of separate institutions and long-lasting bureaucratic institutions to ‘target’ development of clearly identified marginalised and systemically excluded groups. These processes are not under any quota system; rather, they are budgetary affirmative actions.
While investments to construct and augment infrastructure seem good, over three-quarters of teaching is done by ‘untrained guest teachers’ drawing a meagre monthly salary that is about 20 per cent of a regular, trained teacher’s salary. Also, little if any effort is made to integrate such targeted groups into mainstream educational and labour market systems. The need, however, is to make the mainstream programmes and policies amenable, simple, open to all, and sensitive to ensure diversity in schools, colleges, universities and public and private labour markets. The quality of education in exclusive school systems is low, and the outcome is rather unsatisfactory. It is of utmost importance to undertake a study on how to improve the quality of teachers 8 and of teaching, which must get reflected in the percentage of students passing the school-leaving examinations. Students at these high schools must also be provided with additional coaching and tuitions both through classrooms and online teaching by private tutors who are well-trained in pedagogy and subjects. However, it is this author’s conviction that across India, incentivising Muslims to study in regular public and public-funded schools and colleges must be the strategy. This also ensures inter-religious co-education which is essential to democratic and secular nation-building. Segregated schooling must be fought tooth and nail.
It is also noteworthy that no socio-religious community (SRC) data are published and shared at the level of colleges and universities nor are data on the implementation of annual quota reservations presented for open debates and deliberations. Diversity data publication is an internationally mandated policy in countries such as the United States and the United Kingdom. It is common knowledge that diversity data are shared through institutional websites at the level of institutions such as high schools, colleges, universities, public bodies and private corporate sector. It is high time to establish ‘equal opportunity commissions’ in every state and publish diversity- and quota-related data in education and employment. India must put in place the legal, legislative and bureaucratic frameworks in this regard.
Data Analysis and Social Policy
Developing a Methodology
India’s quota–reservation system and its essential education sector suffer from the lack of understanding of the structure of social and economic deprivations. This can be overcome only through data and analysis. A methodology must therefore be developed for this purpose. It is our view that the Mandal Commission 9 framework for identifying social backwardness, with appropriate redefinitions, can be meaningfully used to arrive at the validity of the 10 per cent EWS quota. This approach can also identify the lower strata groups amongst Muslims and Christians and lead to a viable framework for imparting quality education.
A composite index measuring levels of deprivation or backwardness of social groups as is currently identified in data can be efficiently computed. Surveys such as the National Sample Survey Office (NSSO), the National Family Health Surveys, and the District Level Household Survey are reliable data sources to undertake such estimates. This empirical, methodological, and analytical exercise can be replicated to understand the depth and size of inter-community deprivations at the state level, even at the district level. For instance, such analytics have been computed for the state of Telangana (Shariff et al., 2021).
The social policy of quota–reservations must be based on robust data on the deprived and marginalised communities so identified at the state level. The dynamics of such quotas are highly diverse as the social structure is very different across states and a unified national level population shares associated quota allocations become irrelevant. It is essential that the implementation, modification, and reform of India’s quota–reservation system be based on solid data on social identities. Although such identities are currently dependent on official certification, it is our view that India must invest on creating a social stratification and economic profiling of population groups as they are currently identified. In this regard, we provide two methodological frameworks in estimating and identifying such groups.
Self-Identified Reporting of Social Identities in Existing Data
The NSSO undertakes representative sample surveys on regular intervals. These are household- and individual-level surveys wherein data are elicited from respondents during one-to-one personal interactions; thus, data are self-reported. The estimates from these surveys are scientifically robust and amenable for national- and state-level understanding of social structure.
Table 1 presents data extracts from NSSO surveys in 2004–2005 and 2019–2020. Note that the Hindus with 80 per cent and Muslims with about 15 per cent of the population have 95 per cent population weight in these numbers. 10 These data suggest that while there is a marginal increase in Hindus reporting as OBCs in this 15 years period, such increase amongst Muslims is 19 per cent higher. This is entirely due to politics of the current quota system, where some marginalised groups amongst Muslims (especially in UP and Bihar) are classified as OBCs. The percentage of Muslims reporting as general category declined from 60 per cent in 2004–2005 to just over 40 per cent in 2019–2020. It is also essential to note that the percentage of Muslims reporting themselves as SC or ST has not increased. This is entirely due to the systemic official obstacle to non-Hindus, especially Muslims and Christians, reporting this identity during surveys.
Self-Reported Social Identities Compatible to Respective Quota–Reservations in Higher Education and Public Employment, 2004–2004 and 2019–2020.
Source: Estimates by Abusaleh Shariff and Amit Sharma using Periodic Labour Force Survey 2019–2020.
Conducting Inter-Community Differential Exercise: An Example of Backwardness Computation
The findings of the inter-community differential exercise carried out by the author show that Muslims have a relatively higher deprivation level for most indicators. Overall, the OBC Muslims (who are 75.5 per cent of all Muslims of Telangana) have the second highest level of deprivation, next only to the Hindu SCs/STs of Telangana (Shariff et al., 2021). For example, while the deprivation levels amongst the SCs/STs are as high as 83 per cent of the maximum possible score, the OBC Muslims have registered the next highest level of deprivation of 69 per cent ( Table 2 ).
Index of Backwardness, Socio-Religious Communities, Telangana (2016).
Source: Shariff et al., 2021.
Note: *Normalised score in the scale 0–100 using UNDP methodology (0 indicating no deprivation and 100 indicating maximum level of deprivation).
Note that the index ranges between 0 and 100 and that even the ‘all others’, constituting upper-caste Hindus, are deprived to the extent of about 20 per cent. But in the relative deprivation context, the most deprived are the SCs/STs followed by OBC Muslims (comprising 14 communities of Muslims listed in the Backward Classes (BC–E) category of Telangana). It is also instructive to note that the Muslim Others (of relatively higher castes/classes amongst the Muslims such as the Syeds, Pathans, Mirzas, and Chaush) are slightly better off compared to the OBC Hindus with percentage deprivation of 50 per cent and 46 per cent, respectively. This trend of relative deprivation broadly conforms to the findings of the Sachar Committee brought out in 2006 (see Government of India, 2006).
The above exercise clearly shows that OBC Muslims are deprived more than OBC Hindus and hence need affirmative action for their upliftment. It was held by the honourable courts and by the parliament that the ‘Other Backward Classes’ required reservation in educational institutions and in jobs to be able to fight pernicious discrimination. Data on OBC Hindus show that there has been a significant impact of reservations on the status of OBCs. A similar solution for OBC Muslims ought to close the growing gap between the Muslim and non-Muslim OBC groups.
Concluding Remarks
The current government has politically positioned itself to ensure the continuation of EWS, and flagged an idea to extend quotas to dalit Muslims and Christians. These policies are also challenged in the Supreme Court of India. It is, therefore, ideal that social analysts and data scientists provide accurate data at the national, state and even district levels (Shariff, 2015) on social structure using categorisations which are currently recognised by the government. Fortunately, India is unique in having for long generated data (through censuses and NSS) that are amenable to estimations of indices on education, employment, and standard of living according to SRCs. For example, an essential methodological and empirical exercise was undertaken by this author in 2015 along the lines outlined above. An update of such estimations with new data will aid public policy discourses as well as legal referencing. It is essential that the national government takes steps to generate such data at appropriate levels of education and public employment. Note also that no data have ever been generated with respect to the implementation of various quota systems such as for the SCs, STs, OBCs, and now the EWS. Neither the central government departments and institutions nor educational institutions publish such data. It was a rare feat that such data were especially collected from national and state governments and institutions by the ‘Prime Minister’s Committee to Study the Social, Economic and Education Situation of Muslims in India’, now famously known as the Sachar Committee (Government of India, 2006). This committee’s report (2006) provides empirical data in various chapters including on education, access to social infrastructure, banking and development credit, public employment, and levels of living.
In fact, a move towards mainstream policy delivery is essential so that all sections of the population get the benefits of a ‘level playing field’. However, without transparent data and assessment of implementation process and outcomes measures, government programmes become opaque. Essential public programmes may even fail or create adverse impacts on equity and equality of opportunity. The central and state governments and all the relevant public and corporate institutions have so far failed to bring about transparency in data and assessment for charting out course corrections. The future course of India’s social and economic development must be based on empirical, evidenced-based social and economic policy analyses.
Footnotes
Declaration of Conflicting Interests
The author declared no potential conflicts of interest with respect to the research, authorship and/or publication of this article.
Funding
The author received no financial support for the research, authorship and/or publication of this article.