Reality Check India

Women, disabled not under the 50% cap

Posted in Uncategorized by realitycheck on September 4, 2007


Try this experiment :

1. Buy a loaf of bread.

2. Cut it into neat slices.

3. Now, turn the loaf on its end and cut vertical slices.

4. Observe the results : You likely just ruined the entire loaf.

The news item with the most far reaching consequences is the recent announcement by the Supreme Court that quotas for the disabled and any future quota for women would not come under the 50% cap, and that any such quota must not be subdivided along the lines of caste.

The background of this judgement is this : A handicapped ‘SC (Dalit)’ person demanded precedence over a general category handicapped person in the state of Madhya Pradesh.

The clarification about the 50% ceiling, prescribed by the apex court in 1992 as part of its judgment upholding the Mandal quota for OBCs, came last week from a division bench comprising Justices S B Sinha and H S Bedi.

“The reservation for women and handicapped persons would not come within the purview thereof,” said the bench.

Source : TOI

My observations :

1. This is the judgement of a division bench, there is probably a need to add these questions to the pending list before the constitution bench hearing the OBC case.

2. Is the 50% limit only for the SC/ST/OBC categories ?

3. Is the introduction of new horizontal categories (women, handicapped, people from a particular region, religion) unconstitutional ?

4. Which section(s) of the constitution allows reservation for women ?

5. What is the new limit to all quotas if the 50% rule which was put forth by Dr Ambedkar is not valid for new categories ?

6. As Dr Bruno would say, not many would take the line of “merit is affected” when it comes to the proposed women’s quota.

The politicians have not picked up on this judgement. Horizontal quotas do not result in vote banks, but they can be used as a tool to keep one step ahead of political rivals. This is to the great detriment of the constitutional guarantee of the right to equality for those left out of this or that reserved category.


6 Responses

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  1. realitycheck said, on September 5, 2007 at 2:03 pm


    I am sorry I had to delete your comment.

    Please do not attack judges directly. Feel free to pick apart the judgement but do not attribute motives or attack the judges personally (by name).

    This is a very serious offence in India.

  2. Mahesh said, on September 6, 2007 at 6:19 am

    I’m sorry reality check.
    My apologies to you. I will post my comment carefully and responsibly hereafter.

  3. Bruno said, on September 23, 2007 at 2:58 pm

    about 3 weeks have gone by

    1. Youth for Equality do not fidn anything wrong with “this quota” (they never found anything wrong with quotas – their only problem was caste based quotas !!!0

    2. Enterpreneurs do not cry about diluting merit

    3. Spiritual leaders do not find merit being sacrified

    4. Authors of books do not find merit being sacrificied

    So all those guys are worried about “MERIT” when a candidate from a lower caste (Caste which were denied education) get selected with low marks but they are not at all concerned about “merit” when a candidate with lower mark from upper Caste get selected through some quota

    So the actual problem is not merit, but racism….

    As I have told umpteen number of times, I fully agree that the forward communites have a right to protest against OBC Quota.. That is their right… But they should be forthright telling that they “fight for their caste” …

    The hollowness of the merit argument is now exposed

  4. srinias said, on September 24, 2007 at 9:02 am

    I know that in TN the rich castes are made part of OBCs.In AP the relatively rich sudra castes like kamma and reddy opted out of this robbery of joining OBC group and they progressed like anything.

  5. Bruno said, on September 25, 2007 at 10:01 am

    Why do one asks for Exclusion of Creamy layer for the quotas other than caste based quota for example

    1. Army Quota
    2. Institute Quota

  6. Kalebu said, on April 21, 2011 at 3:25 pm

    You should also check out how easily available the materials that you want to use for the redesigning of your bathroom is. You can actually achieve something tangible by making use of local materials. You can as well consider this so as to be able to make some savings off the amount you would have used in getting imported materials. Imported materials will cause you to spend longer time on the remodeling than locally available materials.

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