A new system of affirmative action based on Human Development Indexation at individual level is needed to fulfill demand and aspirations of new generation.
"A just society is that society in which ascending sense of reverence and descending sense of contempt is dissolved into creation of compassionate society"
.........Dr. B R Ambedkar
Reservation was the medium of affirmative action in Indian Constitution. scheduled caste and scheduled Tribes since Inception of the constitution and other backward classes based on ( Mandal comission) caste since early 90's of 20th century. Since than 70 and 30 yrs has passed yet the goal is not achieved so government introduced a new form of reservation that is economic weaker section (EWS) by this year 2019. Yet the demand is not over public protest and other actions resulting damage of public property and exhausting the time and energy of Government are often seen in India. Now the time has reached when we must look forward from traditional thinking of reservation system to a new scientific model of affirmative action i.e a reservation based on " Human Development Indexation at individual level "
A solution may be census based Human development indexation every decade will be calculated and average marks will be allotted based on status report of various factor such as acess to education, health, employment and other economic and social factor, it will be the complete dynamic process as proper benchmark will be there based on international norms of Development Indexation and future capability and retention factor on access to natural and other resources.
Automatically those who are less privileged in the list in say 20's or 30's of 21st century will be better off in for 40's and 50's Within 10 to 20 yrs this will create a homogenious society and help in achieving constitutional goal of justice Social, economic and political and fraternity among individual with state assurance of dignity , as target group changes every 10 to 20 years so the fruits of development will reach to the everyone who are left out of the development in these 70 years since independence
let's say to individual family x with member (X1 X2 X3 X4 X5)based on HDI gets 25 marks and family y with member (y1 y2 y3 y4 y5) gets 30 marks , so as to give them benefit of affirmative action X will get preference while deciding the policy it can only be a solution shifting from traditional thinking of reservation and more pragmatic approach to wipe out devide in society and gross management of economic ,social and constitutional aspiration to be achieved.
The existing reservation in the Indian Constitution that when to be analysed always opens a debate if it violates the right to equality or its give chance to be more equal the questions which need to be answered first that has had it helped in achieving the goal of Justice Social, economic and Political. If the answer to this has any degree of ambiguity then we must look forward for new answer, what should be considered as the model society as benchmark, the level of equality that need to be achieved and a base line to be calculated or calibrated . The answer to this is not difficult when we have the courage to accept HDI (Human Development Index) as the benchmark which is more scientific and most modern way of Global benchmark Indexation for affirmative action
Birth and death of individuals are not always on the same level of Human development Index a person who lacks in average index at the time of Birth may be at average Higher level of Index at the time of death. A person who lacks in HDI either by birth or by circumstances must be provided with some opportunity of affirmative action so as to make himself comparable to others in the society. It is the basic mathematical classical understanding that same identical quantity can be compared the comprision that current reservation system does is based on caste which is stagnant phenomenon in human life cycle, how can stagnent be compared to the dynamic hence it leads into a mathematical paradox of never-ending unrealistic aspirations.
As the role of modern constitutional government are of secular nature they have very less or negligible impact on religion and its affairs in the society or on its citizens so as a religious social struggle can not be regular aim of the modern state
To move away from the shadow of past and let the constitutional justification open to all real and organic living philosophy we must have to look something new global and more scientific form of affirmative action Human development to the identical human individual existence may be considered as a new way of reservation that fulfills the complete constitutional goal of affirmative action
The interpretational objective to the constitution cannot be same at all the time as it must change,transform and concord with the aspiration of new and next generation to come which believes in more harmonious relations to each other with aim of equality, Liberty and Fraternity among individual with not only in animal human existence but it true and pure dignity of each participants of next generation and keeping Unity and Integrity of the nation.
The fundamental answer to the dignity can be carved out from the understanding of global benchmark Human development index and the capability of retention not only for the current but for the very next generation to come so in deciding a line of indexation to what equality grows and exist it must also be the observation that at present or instantaneous change will be able to retain the same level for the very next generation if he fulfills the conditions and treated equally
The constitutional sprit was of the welfare of citizens but to achieve welfare as bestowed in the constitution we need new economic and social support system , a system of support with their all branches constitutes to the best of ability of resources at the individual end.
The change can only be brought by democratic means, democracy in mine openion is not only limited to election or to fair chance to be elected but it's all about participation in forms of government and state machinery and is a public consensus on which common constitutional and future goals are decided established and maintained it's not always about the state and its function confined to executive, legislative and judiciary but overall participation in general governance and social decision making methodologies that options of common goal over individual at the same giving liberty to choose, Foster, grow aspire and make oneself happy not just in materialistic connotation but in all forms of individual dignity, morality and spirituality the philosophy behind the democracy is as simple as a rule when there is equal participation provided to every equal, the democratic dynamism is all about shifting from traditional thinking of state and its function to the most modern way of self governance. When a society has grown to a level of intellectualism when it needs no external to guide or to regulate in its existence or in transformation and global kinetic aspirational dynamism
My openion is not pure economic but a scientific indexation based on the global benchmark of backwardness and basic necessity of requirement one who lacks in this level may be treated differently and the the means of affirmative action should be available to all who is in real need of it
social divide is a threat to national integrity but current system does nothing to get out of the current social divide or inequality in all forms but sometime hinders the space and velocity of filling the social divide if one is achieved the other becomes the problematic
As the Government changes every time so as their excutive preferences also changes and hence resultant in a new and old social divide becomes unabe to fight and wipe out all its devide, its citizens must have to act as per the new methods to achieve the goal of equality, liberty and fraternity among individual with integrity and sovereignty of the Nation.
New and more scientific forms of affirmative actions and its possibilities cannot be denied as nothing is rigid or permanent but new scientific analysis of the system of the state to be done in a manner as to be able to be prescribed on the aspirations of future generation.
So we must have to move out from the neverlasting never ending narrative of current constitutional interpretation of affirmative actions to more harmonious construction of its interpretation that every deprived will have the opportunity to get benefit of affirmative action. And the citizens will get more scientific global benchmark of equality among each individual with dignity as a state assurance on constitutional guarantee
The circumstances in which current system of reservation was adopted has totally changed, with the passage of time as new aspirations has unfolded out of it cell with entire new narrative of dignity from what was considered to be the aim of the constitution at the beginning of its enforcement has totally changed and new aspirations has got added and pilled up and created new divide on and above the existing one, if India only tries to fulfill the old existing demand and aspirations of society the current will explode in its actions, the newly created demand and aspirations of society will create next level of further divide among the consensus of the citizen and can even hamper the entire national existence.
Written by: Amit Kumar Diwakar,
currently student at Faculty of Law, University of Delhi had completed BE Mechanical Engineering and PG Deploma in Banking and Finance, work experience as manager ( Middle Scale) in ICICI bank Ltd.