With political parties not interested in ending caste based reservation, is there a way out?

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Recently, on 2 April 2018, certain Schedule Caste / Scheduled Tribe organisations called Bharat Bandh, which resulted in mass violence in various parts of the country. Several persons died in the riots. These organisations were protesting against the decision (20 March 2018) of the Supreme Court whereby certain safeguards were laid down for dealing with offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. With almost all the political parties coming out to support caste-based reservations even in the light of unnecessary mass violence, questions have been raised yet again whether there is a way out of the caste based reservations. Can the caste based reservations ever end in India?

Yes. Let me offer some solutions. We have created such a mess in India that now it is almost impossible to solve the problem of reservations in a normal way. I am sorry to say this bluntly, but I doubt this problem can ever be solved in a normal manner.

Suppose, in future, due to some reason (such as military rule), our Constitution is thrown out and subsequently a new Constitution is written, you may have a chance.

Or, else, suppose there is a revolution in India, for whatever reasons, leading to a new Constitution, you may again have a chance.

If the country breaks apart (not impossible, the way things are moving fast on multiple fronts), then too you may have a chance.

Bharat Bandh by SC/ST organisationsAnother possibility is that over a period of time, most people from general category may migrate to other countries such as USA, Canada, UK, etc., so the remnant population may not have a problem then with the reservation.

[Let me take a break from these possibilities and come back to this issue a little later.]

In this regard, let me tell you that for the first time in life, I have also started thinking on these lines. I had a chance in 1982 to go to Columbia University in US on a scholarship for a doctorate in Particle Physics. But, I decided against it. Thought, should not leave my motherland. Again, in 1998, I had a chance to go to Paris on a scholarship from WTO, this time, for doing a doctorate in Law (ultimately I did it from Bombay University instead). I decided against it. Yet again, in 2000, I had an offer to join one of the biggest software companies in US (some of my system-level software applications had got top-most international ratings), but again I decided against it. But, now I am myself thinking of it. Suo motu. However, now I don’t have any offer. Who would give offer to the dead wood? At this age, what use I am of?

In 2014, Narendra Modi came with the slogan of “Sab ka saath, sab ka vikaas”. He had an excellent track record of development in Gujarat. I was one of hundreds of millions who trusted him, voted for him. However, he has completely disappointed. There are only some incremental changes as regards development of India. But, India is going towards anarchy. Forget development, he could not also deliver either on external security front or on internal security front.

At least, I had some hope from Modi, given his track record. From other leaders, including Rahul Gandhi, Mamata Banerjee, Mayawati, etc., etc., one cannot even expect anything positive. So, due to the TINA (there is no alternative) factor, I may have no option but to again vote for Modi in 2019 too. But, this time, not with hope. Rather, hoping against hope.

Coming back to the main topic. Yes, there are a few more ways out. Here they are.

Suppose reservation is extended slowly and slowly to all sections of the society, it may help. Give it initially to Jats, Patels, Marathas, Gujjars, and so on, because they have already proved their case. How? See next paragraph.

Going by our history as to how reservations are being given to new communities, our Government should openly issue a Notification (or better, pass a law) that any community which wants reservations should first show the courage of causing violence in the country (at least in 2-3 states) for a minimum of 15 days demanding reservation. You should be able to stop all railway lines. Set on fire minimum 1000 buses. Minimum 100 persons should be killed in riots demanding reservations. The economy should suffer a minimum loss of Rs. 25000 crores due to these reservations riots. If your community can do this with distinction, then you qualify for reservations. So, you will be in the list. OBC. EBC. SBC. Special SBC. Very Special SBC. And, so on.

In this manner, over a period, let the country be set on fire, again, again, again, and again, … ad nauseam.

There is a saying in Marathi (बाळ रडल्याशिवाय आईसुद्धा दूध पाजत नाही), meaning of which is – even mother would not feed milk to her child unless and until he cries. So, cry, cry and cry… in the above format as per the Government Notification, if you want reservations.

A point of time will finally come when the whole population will have reservation. It may then solve this problem, perhaps. Well, Tamil Nadu is already quite close to this distinction, though for quite some time, it is now stuck at 69% reservation only. Not moving towards the target of 100%. Remaining communities do not perhaps have the guts to properly invite the attention of the Government.

Yet another possibility is that – as per predictions, by 2029 or so, we are likely to have singularity in artificial intelligence (i.e., when artificial intelligence will surpass human intelligence). We are likely to achieve the target of, firstly Artificial General Intelligence and then Artificial Super Intelligence (where artificial intelligence would be billions or trillions of times better than human intelligence) by 2040 or 2045. Famous scientists like Ray Kurzweil have already predicted it (read: The Singularity is Near: When Humans Transcend Biology). Once that happens, there would perhaps be no need for attending colleges, IITs, IIMs, etc. You can simply download the subject-wise knowledge in a fraction of second (using 1500G, forget 2G or 3G, etc.). So, you can master any (or, rather ALL) subjects in a fraction of seconds. The knowledge will directly be transferred to your artificial neurons (nano-robots). No need to learn. So, there would be no need for reservations, then, in colleges since there would be no colleges left. Likewise, you’ll get free energy, free water, free food, free air, and so on. You’ll have robots to do the work at an efficiency of millions of times better than us. Or, rather, we may have humanoids (human + robot in the same body) doing all this at speeds equivalent to the speed of light or at greater speeds (sorry, Mr. Albert Einstein). So, we may not perhaps need jobs, then. The reservations will automatically disappear as a natural corollary. I hope so.

Till any of these possibilities materialise, please bear with the mass violence on reservations related issues. Let them do it turn by turn. Jats, Patels, Marathas, Gujjars, SC/STs, and so on. You cannot object to such violence.

If India had invented ZERO, then India had also invented “jiski lathi uski bhains”. This literally means – “whoever owns the stick eventually owns the buffalo”. But, its better meaning is “might is right”. Or, we can say – survival of the fittest – to borrow from the evolution theory of Charles Darwin (as first coined by Herbert Spencer). [Where is Dr. Satyapal Singh? Our Hon’ble Minister of State for HRD? Sir, here is the origin of the Charles Darwin’s theory of evolution that you were searching in the Vedas. Darwin took inspiration for his theory from the Indian version, “jiski lathi uski bhains”.][On a side-note: Dr. Satypal Singh had not invented these Darwin related theories, when we worked together in Gadchiroli Police and then again in Mumbai Police. I do not know when did he invent them.]

Those supporting reservations claim that the so-called upper castes had the lathi in the older generations due to which they owned the bhains for 5000 years. [How dare you ask for proof, Mr. Brahmin?] So, now, it is their turn to have the lathi and own the bhains. Hey! It has only been 3-4 generations since 1950 who got reservations. The so-called upper castes should be ready for being screwed for at least next 5000 years.

So, please put your tail between your legs. Go silently inside your houses. Hide yourself in some hidden corner of the room, better in the basement floor. Let those who have votes (sorry, lathis) own Modi (sorry, the bhains). Let them set India on fire. They have the first right for this too. It is reservation, after all.

[The statutory disclaimer (or, rather the constitutional disclaimer): Please do not get agitated after reading this. We are all equals, courtesy Article 14. So, we have no option but to presume that. And, let me proclaim that I consider all Indians to be my brothers and sisters.]

[The real disclaimer: … … … still waiting here? I thought you have already found out that it is a satire. But, if you still think that this is not satire but reality, then I am sorry, you are mistaken.?]

[P.S.: This is a slightly modified version of an answer that I had given on Quora to a question on this issue.]

About Dr. Ashok Dhamija

Dr. Ashok DhamijaDr. Ashok Dhamija is a New Delhi based Supreme Court Advocate, holds Ph.D. in Constitutional Law, is author of 3 law books, and is an ex-IPS officer. He is the founder of this law portal. Read more by clicking here. List of his articles. List of his Forum Replies. List of his Quora Answers.

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