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Subject: [India Thinkers Net]Praful Bidwai on affirmative action - August21, 2004



The Praful Bidwai Column - August 9, 2004

CREATING EQUAL OPPORTUNITIES: SAY YES TO AFFIRMATIVE ACTION
by Praful Bidwai

In 1990, at the height of the anti-Mandal
agitation in India's Northern states, us
editorial page writers of The Times of India were
divided over the issue of reserving government
jobs for the non-savarna backward castes (OBCs).
Our differences sharpened as upper-caste students
immolated themselves in protest against the new
policy. So some of us decided to conduct a survey
of the staffing practices of our Delhi office.

The results were stunning. There were no Dalits
and just 3 OBCs among the 300 journalists of the
newspaper group, most of them Brahmins, Kayasthas
and Banias. This was not due to conscious policy:
it was just how things were-"naturally",
"spontaneously", as a manager put it, emphasising
that "merit" alone guided recruitment and
promotion. It is astounding, and of course
incredible, that the upper castes, who form a
tenth of the population, concentrate within
themselves nine-tenths of India's entire pool of
"merit". But that's the nature of the
discrimination in this super-hierarchical
society, where ritual purity assigned by the
varna system is far more important than
educational achievement, professional talent or
diligence.

Fourteen years on, this systematic discrimination
and denial of social opportunity has not changed.
The Times of India group only embodies a trend
that's pervasive in all private business.
Contrast this with the frankly capitalist United
States. There, two-thirds of all newspapers with
a circulation of 100,000-plus, draw 15 to 20
percent of their journalists from
racial-linguistic minorities like Blacks and
Hispanics. Thus, 16.2 percent of The New York
Times' staff belongs to such minority groups. The
proportion is 19.5 percent for The Washington
Post and 18.7 for The Los Angeles Times.
Presumably, "merit" counts as much in these
papers as in the Indian press! Even the
ultra-conservative Wall Street Journal has 17.1
percent minority recruits.

This change hasn't come about through government
directives, but through a 1978 decision of the
American Society of Newspaper Editors to raise
the minorities' representation from a pathetic
3.95 percent to the same level as their share in
the population. This was done through special
programmes such as diversity promotion,
scholarships, ethnic and racial censuses,
training schemes, and job fairs to recruit
historically disadvantaged minority groups. The
key is affirmative action or positive
discrimination.

This worthy principle must be strongly commended
and adopted in a horrendously unequal society
like India's-where discrimination is so deeply
ingrained and pervasive that anthropologists like
Louis Dumont were tempted to posit a new category
of social organisation to describe it-Homo
hierarchicus. India is marked by cascading
inequalities. If you are born underprivileged,
you face growing discrimination in education,
freedom, employment, income, etc.-each step of
the way. In most people's case, the injustice is
never compensated. This denial of social
opportunity destroys the very possibility of
realising the human potential of millions of
people. It can be effectively countered by
levelling the originally tilted
playing-field-through affirmative action.

This is the framework in which we should debate
the reservations issue, which is being raised
afresh in respect of the private sector
(especially in Maharashtra) and of Muslims. In
Andhra Pradesh, 5 percent of government jobs have
been declared reserved under a policy initiated
by Mr Chandrababu Naidu and continued by his
successor. The policy of extending reservations
for SCs and STs to the private sector is part of
the UPA's National Common Minimum Programme. It
promises to "initiate a national dialogue [on
this] with all political parties, industry and
other organisations" to "fulfil the aspirations
of SC and ST youth". This is unexceptionable. But
reservations for Muslims as Muslims may be
undesirable.

The proposed affirmative action in the private
sector has drawn a negative industry reaction.
Confederation of Indian Industry chief Anand
Mahindra "welcomes" a dialogue, but says
"reservation without reference to merit may have
a distorting effect? " Some magnates have
threatened to relocate in case Maharashtra goes
ahead with the move. This is bizarre coming from
business families in which birth and inheritance
count infinitely more than "merit".

Indian business families jealously guard their
lineage and privilege at the expense of all
else-as the latest controversy over Priyamvada
Birla's will shows. Efficiency and "merit" aren't
exactly the forte of India's business culture. Or
else, we wouldn't have 250,000 private factories
lying closed, with tens of thousands of crores
tied up in non-performing assets. Nor would we
have scandals in every major industry. In private
business, most people are recruited on the basis
of contacts, sifarish, loyalty and political
influence, not "merit".

However, the strongest argument for affirmative
action derives from the persistence of cruel and
often barbaric forms of discrimination against
marginalised groups such as Dalits. This
discrimination enjoys the sanction of the
Dharmashastras. One only has to take a fleeting
glance at the Manusmriti to note the hierarchy it
stipulates and the gruesome punishment it
prescribes for the Shudras (including Dalits and
most OBCs), who must forever obediently serve the
other, twice-born, varnas. They must be "gentle
in speech" and "free from pride", and own no
property "other than donkeys and dogs".

Should a Shudra try to place himself on the same
seat with a man of high caste, say the
scriptures, "he shall be branded on his hip and
banished. If out of arrogance, a Shudra spits on
a superior, (the king) shall cause both his lips
to be cut off?  If a Shudra threatens a Brahmin
with a stick, he shall remain in hell for a
hundred years; he who strikes a Brahmin, shall
remain in hell for a thousand years?  A Chandala,
a village pig, a cock, a dog, a menstruating
women must not look at the Brahmin when they eat.
The Chandalas shall be outside the village and
their dress shall be the garments of the dead? 
they must always wander from place to place. A
Shudra who sleeps with a maiden of the highest
caste shall suffer capital punishment".

To this day, inhuman and degrading casteist
practices prevail in India: Dalits must take off
their shoes and their women must uncover their
faces while passing through an upper-caste area;
their dead cannot be carried through savarna
streets. In many states, Dalits are banned from
making ghee. In Andhra and Tamil Nadu, they have
been punished for asserting their legal rights by
being forced to eat human excreta. One only has
to read the reports of the SC/ST Commissions to
verify this. Such vile discrimination against
Dalits and most OBCs cannot be eliminated by
calling for equal opportunity-among unequal
people whose starting conditions are grossly
unequal. Correcting them demands affirmative
action.

Affirmative action's principal function is not
individual betterment, but acknowledgement of
historic injustice against a group and
compensation for it through preferred
recruitment, etc. So long as anti-Dalit
discrimination persists, we must continue with
reservations. For the same reason, the Mandal
principle cannot be faulted. However, we must
recognise that reservations or quotas are a
particularly strong form of affirmative action
and pose practical difficulties. It won't be easy
to implement them in the private sector, which
creates very few new jobs. The organised private
sector accounts for just 8.4 million jobs-down
from 8.8 million in 1998. The whole organised
sector employs just 27.2 million.

What might be preferable to reservations are
other forms of positive discrimination, either
voluntary or promoted through bodies like the
remarkable Equal Employment Opportunity
Commission of the US. By fighting for employment
for ethnic minorities, EEOC has brought a major
change in countless industries and occupations
like automobile dealerships and even TV
anchorship. It ruled that 5 percent of all
government purchases must come from minority
suppliers.

Thus, major Fortune-500 corporations like
Exxon-Mobil, General Motors and Wal-Mart recruit
16 to 23 percent of their workers from among the
minorities. GM and Ford have been buying
components from minority suppliers for years. IBM
has 15 percent of its staff drawn from the
minorities. Over one-third of the faculty of
Harvard Medical School belongs to such groups. By
contrast, Dalits and Adivasis (23 percent of our
population) have abysmally low representation:
just 7.1 percent in factories, 3.1 percent in
construction, 4.1 percent in trade, 3 percent in
transport, and 3.4 percent in domestic industry.

India must emulate and adapt affirmative action
methods from the US and post-apartheid South
Africa too. To start with, we must ensure jobs
for Dalits and Adivasis roughly in proportion to
their share in the population.

Finally, a word on reservations for Muslims. In
recent years, many Indian Muslims have suffered
discrimination, especially at the hands of the
state. But they don't fall into the category of
Dalits who face historic injustice. Nor are
Muslims homogenous. They will be better served
through education, especially for girls,
modernisation of madrassas, opening up of special
state services (e.g police intelligence and RAW)
which are closed to them, and conscious
recruitment of professionals through EEOC-type
programmes.

Given the history of communal conflict and the
active social-political presence of the sangh
parivar, there will be a strong backlash to
reservations-through screams of "appeasement".
Instead of reservations, the Andhra government
should announce affirmative action for Muslims in
education and job training.-end-

Courtesy:Harsh Kapoor
http://groups.yahoo.com/group/act/message/1957









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