The Right to equality or the Right to in-equality

Mayengam Jaganivas Singh *

Equality, rightly understood as our founding fathers understood it, leads to liberty and to the emancipation of creative differences; wrongly understood, as it has been so tragically in our time, it leads first to conformity and then to despotism
– Barry Goldwater

This is the story of two best pals Tom & Harry. Tom is the son of a school teacher who belongs to lower middle class family and Harry, son of an administrator belonging to the Elite class. They are the best of pals and people used to talk about their friendship. Tom loves book and Harry loves games, obviously Tom excel in studies and Harry lags behind. But ironically, Harry gets scholarship for studies instead of Tom. After school they both appear for MBBS exam, Tom does better than Harry but Tom is rejected and Harry selected. After getting their degrees they both appear for IAS exam. Again, Tom does better than Harry, but Harry is the one who is selected.

The above story may look surprising. It's not just a story but a fact which is happening in our society. How is it possible? Is there any manipulations? Is it due to Harry's influential father? The answer is a big "NO". Harry was rightfully selected because he belongs to a special category (ST/SC/OBC) while Tom belongs to general category. So, moral of the story "There is right to in-equality or in-equal treatment"

The Constitution of India gives us the "Right to Equality" through article 14, 15, 16, 17 & 18 which states that everyone should be treated equally including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles.

However, it's painful to learn that the basic foundations of right to equality contradict itself, creating in-equality in the society. Article 16 (1) says "There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State".

Again article 16 (4) says "Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State". This means that there can be right to in-equal treatment and not right to equality. This provision [article 16(4)] divides the society into different classes viz., schedule tribes, schedule caste, OBC and Generals, which is against the principles of right to equality.

In my view the lawmakers need to seriously review Article 16. Appointment to government posts should be done on merit not through reservations or quota. It doesn't mean that we are neglecting the backward classes. The Government of India and the respective State government are taking up innumerable special schemes and programmes besides giving incentives in various forms for upliftment of their educational and socio-economic status in the society. (To mention all the schemes, programs, projects grant-in-aids, and other benefits for the backward classes will take a lot of pages and it's beyond the scope of this article so I have skipped it).

The government should not only give special attention for their upliftment and motivation but should also encourage a sense of healthy competition by not reserving seats or giving quotas. Only deserving candidates should be selected based on merit irrespective of their category.

Not only in appointment promotion also should be based on seniority and merit. There are lots of instances all over India, including our tiny state, where the recruitee/appointee have become the boss of the recruiter/interviewer due to reservation in promotion. What will be your reaction if the person you have appointed becomes your boss? Put yourself in their shoes and think?

Recently there has been a lot of fuss about the Meiteis demanding inclusion in Schedule Tribe List under the aegis of STDCM (Schedule Tribe Demand Committee of Manipur) which the Prime Minister of India had also assured to look into the matter. There is no doubt, the motive behind the campaign is to get the quotas besides the special attention and benefits enjoyed by people belonging to Schedule Tribe List. The question now is whether Meitei should be upgraded/downgraded (I 'm confused because the Meiteis say upgrade and Tribals say downgrade) to Schedule Tribe List.

There are no clear criteria given in the Constitution of India for a community to be classified as Schedule Tribe.

Article 366 (25) says "Scheduled Tribes means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution;"

and in Article 342 (Scheduled Tribes)
(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause
( 1 ) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification PART XVII OFFICIAL LANGUAGE CHAPTER I LANGUAGE OF THE UNION.

Though not clearly mentioned, attributes such as (a) Geographical isolation (b) Backwardness (c) Distinctive culture, language and religion are used to classify a community as schedule tribe. So, technically speaking Meitei can be classified as Schedule Tribe as this community is geographically isolated from the rest of India in a hill-locked valley, They are backward compared to the mainstream India and has its own distinctive culture language and religion. And article 342 (1) also empowers the government to include a community into the list of Tribes as done in other states like Kerala, UP, Rajasthan, etc.

The issue is not for the Meitei only; Koch-Rajbongshi, Moran, Motok, Tai Ahom and Chutia communities in Assam are also pursuing the same. Meenas of Haryana (Meenas of Rajastahn already included in ST list). Dhangar in Maharashtra, Badagas in Tamilnadu, Totemic Kudmi tribes in Jharkhand, Odissa, Bengal. Amanatiya, Bhottra, Paraja, Gond, Kondh, Bhuyan, Bhumija, Gadaba, Dhurua, Kharia, Mankidia, Kolha, Koya, Savar, Oram, Jhodia, Kandha Kumbhar, Chapua Kamar, Paba, Kalanga, Kadar Kalanga, Paharia Kamar, Kondareddy, Routia, Puran, Bhil, Luhura, Lohar, Kygram Kagram, Mooka Doora, Nooka Doora and others in Odissa etc. The list is endless.

The Hindus in Muslim dominated states and Muslims in Hindu dominated states Christians, Buddhists, Persian minorities all are claiming for backward status. Why is it so? Why do these communities love the tag of "BACKWARD CLASSES"? Everybody knows the answer.

It's high time that the legislators should review the Fundamental Right to Equality as given in the Constitution of India which is broadly misused in all aspects. Backward people should be given incentives, motivations and aids to become an asset of the society but not by promoting unfair, unhealthy and un-ethical competition by giving quotas.

Otherwise, it won't be too long before all communities in every part of India start demanding ST, SC & Backward class Status.