Law – Discrimination and Quotas
All religion, caste and race based quotas should be abolished.
Any quota should be based on the region, occupation, economic, physical and mental disability, and more importantly the merit of the individual and willingness to serve primarily in the True Temples and to a lesser extent as a Defender of the State.
Quotas for children of the above should be introduced.
At least 30% quotas should exist for women in jobs in private and government agencies and 50% womens’ quota for the council of elected representatives (Lok Sabha).
In this 30 % quota for women, there should be a 30% sub-quota (about 9% of the total posts) for those among them who are underprivileged and oppressed, widows, victimized women, destitute, disabled and other such people and their children.
There should also be a 15% sub-quota (about 4.5% of the total posts) for disabled Defenders of the State, their widows, children and parent or sibling dependents of martyrs or seriously disabled Defenders of the State.
After these quotas for women of the above categories are fulfilled, then regular categories of women can be used to fill up the balance womens’ quota for jobs.
However in any case, when a person is appointed through quota, if they do not meet the expectations of the regular candidate even after 4 years, they can be dismissed from their quota post and their place can be taken by more deserving candidate.
This condition only applies to quotas for jobs.
Quotas for women for the council of elected representatives is already mentioned in that article.
For educational quotas, if the candidate consistently scores below 60% for two years, or is forced to repeat a class for more than 2 times or is suspended due to malpractice or bad behaviour, then their quota seat can be allocated to a more deserving candidate.
By region, I mean lower middle class and slum areas in urban areas and lower middle class and deprived classes in rural areas.
Slum dwellers and rural backward classes who are above a family income of Rs 5,00,000 should not get quotas.
However lower middle classes and deprived classes residing in rich areas as servants or other employees in rich areas can also avail of quotas if they are below a family income of Rs 5,00,000 .
There should be a 30% quota for women in non combat arms of the Defenders of the State.
There is no womens’ quota for appointment to the council of Arya Peers.
Quotas should also include funding of small womens’ business owners.
Small businesses would be upto Rs 5,00,00,000 in revenues or Rs 50,00,000 in profits which ever is more.
When I mention quotas for women in jobs, the first preference for women are oppressed, widows, destitute and victimised women.
Even if there is a 30% quota for women, it can be exceeded if women are found more competent than men for that category of work or education.
The combat arms of the Defenders of the State is exempt from the 30% women’s quota.
But it must be ensured that at least 15% women’s quota is given at higher levels of officer level and above, and 10% at junior non commissioned ranks.
There will also be a 30% quota in jobs for those who have served in the True Temples for 10 years, or as part of the Well Regulated Militia for 6 years, or as part of regular paid Defenders of the State for 8 years.
Those who have served in the True Temples or as part of the Well Regulated Militia will only include those who served voluntarily for at least 12 days in a month or those who did not take a full paid salary but only took basic reimbursements of their food and travel expenses.
There will also be a 5% quota for disabled and special needs people.
There will also be a 5% sports quota for sports persons who have reached at least district level accomplishments of at least fifth place or better.
Women who fall under the above categories get the double benefit of the women’s quota allocation and the quota allocated for the above categories of True Temples, Well Regulated Militia, Defenders of the State, sports and disabled people quota.
Except for the quotas as mentioned above, there shall be no other quotas for any other caste or race basis and everything else has to be allocated on general merit.
In the event it is found that the women are just dummy fronts or benami holders for male or general category applicants, they must be dismissed from the elected representative, job, business or education post and all subsidies for their business must be stopped.
Also these people should not just be selected by their falling into these categories, but they should also have a minimum competence or show an ability to attain that competence if properly trained.
The minimum level of competence must be at least 60% of the competence of a regular category candidate.
These quotas should only be to get the job at entry or lower mid level.
Once they are employed there should not be any more quotas for promotion and increments.
Promotions and increments should be solely on merit.
These quota allottees can be terminated after 3 years if they are consistent under performers or other for causes that are applied to standard regular employees.
There can be quotas in education also based on the above lines.
There should never be any quotas in education for post graduate degrees.
In many rural and even urban areas of Bharat, Dalits are not even allowed to drink water, eat and have hair cuts in the same place as a so called “Upper” caste person.
They are even beaten, seriously hurt or even killed if they violate these so called “Upper” caste “laws”.
Such crimes of discrimination and hatred especially those that result in the serious hurt or death of a person, should be punished strictly and severely and also with huge financial punishment and even closure and confiscation of business for serious violations that resulted in the death or serious disability of the victimised person.
But the fact of the matter is that having laws against discrimination will not prevent it.
Learning the evil effects of such things starts in childhood.
Children just follow what their adults do.
As Sadhguru said:
“Children don’t listen to you; They observe you.”
Hence schools that offer True Education should be the first place that is used to fight against the evils of discrimination.
There should be public board exams for children with pass percent of at least 70% in both theory and practicals to ensure that children learn these laws against discrimination.
Some people claim discrimination even when there was no such occurrence or malicious intent.
Such false claimers need to be punished strictly.
Thoughts on Quotas and Reservations
Yogendra Yadav, who in my opinion would make one of the best administrators of Bharat had offered a very unique and unbiased presentation on the need for reservations.
I had never really thought about the points he made.
Almost all of us against quotas have already benefited from the accident of fortunate birth.
Have we ever put ourselves on the side of those who did not have our fortunate birth?
Our fortunate birth gave us an immense unearned advantage which we take totally for granted.
Everyone starts at different points in the relay race, but they all have to finish and win on their own merit at the common finish line.
Watch this very enlightening video of Yogendra Yadav for his fascinating and enlightening counter argument for reservation.
In any case, even if we do not immediately agree with what I have suggested, we must immediately implement Yogendra Yadav’s recommendations for fine tuning of our existing reservation system with retrospective effect from 1987.
This period upto 1987 must have benefited at least one generation since our independence in 1947 and so the recommendations below must apply to them.
- Exclusion of “creamy layer” justified for all beneficiaries not just OBC
- Inter-generational benefits to be restricted
- Sub-classification within SC, ST and OBC
- Exclusion of castes that have crossed the threshold of “backwardness”
- Move toward multi-dimensional index of disadvantage
- Fair mechanism for evidence collection and analysis to suggest mechanism
However it must be said, that in the long run, eventually within a span of 10 years, even a person like Yogendra Yadav agrees that quotas and reservations should be abolished and it should not become an addiction.
Even in the constitution of Bharat, the duration of reservations was intended to be in place for only 10 years (upto 1960) after the formation of the constitution.
I still firmly believe that only the above criteria I have mentioned above should be used for quotas and reservations.
All religion, caste and race based quotas should be abolished.
However there are various aspects to this issue that need a proper deliberation and interaction with many opponents and supporters of this contentious subject.