Reality Check India

Affirmative action – Indias example

Posted in Uncategorized by realitycheck on April 18, 2006

So Krish pointed me to an article in the Civil Rights Journal

In that article there is a case made out for studing Indian reservation system to OBCs and adopting some ideas into the AA program. On the face of it not much interesting reading. Some assumptions do jump out.

The creamy layer test is an integral part of this package deal to OBCs. Some states however flagrantly violate this most important aspect and do not invite any censure from the backward classes commission or from the judiciary. The case in point is TN and Karnataka.

5. OBC membership only creates a rebuttable presumption that a person needs preferential treatment; therefore, the state must also use an individualized economic means test to eliminate persons from affluent or professional families (termed "the creamy layer test").

Second , the author assumes that India actually conducts an empirical study of various OBC groups which are then used to evaluate their claims to be OBC. The most striking point of the Mandal commission is that there was no detailed study done of the individual OBC claimants. Even its recommendation that every ten years or so every single OBC must be reevaluated to see if they still qualified as backward are totally ignored.

The most interesting part is how well Americans think and create laws. Consider this idea :

An alternative approach even more likely to survive strict scrutiny would be to take the Indian experiment one step further by eliminating altogether explicit use of ethnic identity. If a key cause and indicator of inadequate social capital is segregation, why not ask persons seeking affirmative action to provide evidence of their personal experience of segregation rather than presuming it from their ethnic identity?

A similar idea in India would mean each OBC claimant would actually have to provide a writeup of how he specifically suffered from the effects of inadequate social capital. This kind of law would be impossible in India.


4 Responses

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  1. Krish said, on April 18, 2006 at 4:24 pm

    This is definitely not a case of reality check. You term the paper boring at the outset and then take two points which you can use towards your argument. I suggest the readers to read it without any bias first.

  2. Communicate Insurance said, on January 11, 2007 at 2:44 pm

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  3. Gustavo Armenteros said, on July 22, 2010 at 9:09 am

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