| 
                 
                  |  |   
                  | BUILT ON MERIT: Infosys 
                    may not have been the powerhouse it is today had it been forced 
                    to reserve positions on the basis of caste |  
                  |  |  Can 
                a patently retrograde and anti-competitive measure ensure social 
                and economic justice? The United Progressive Alliance (UPA) government 
                at the Centre seems to think it can. But if caste discrimination 
                has been a thorn in the collective flesh of the entire nation, 
                then the government, by seeking to propagate it further through 
                caste-based reservations, is just driving the thorn in deeper. 
                Article 15 of the Indian Constitution expressly prohibits discrimination 
                on grounds of religion, race, caste, sex or place of birth. Through 
                the perverse incentive of caste-based reservations, however, the 
                government is promoting precisely what the founding fathers of 
                the Constitution had so abhorred. It will be disastrous if the 
                government carries through its threat of imposing mandatory job 
                quotas in the private sector. "While no person should be 
                denied a job based on his caste, it is equally so that no person 
                should get a job simply on the basis of his caste. Recruitment 
                should be on the basis of merit," says Sanjiv Goenka, Vice 
                Chairman, RPG Enterprises.   Some key questions, however, need to be answered. 
                What are we trying to achieve? Is it non-discrimination? If the 
                answer is yes, then painting the Dalits (Scheduled Castes and 
                Scheduled Tribes or SCs and STs) and the Other Backward Castes 
                (OBCs) with the same brush will not work. Historically, the former 
                have been outcastes-victims of the invidious practice of untouchability 
                and their current status, at least in rural India, has not improved 
                in tandem with the economic progress of the nation. "The 
                OBCs, (however), are now part of the ruling classes in many states. 
                Arjun Singh has confused the entire nation," says Dalit activist 
                Chandrabhan Prasad. This argument is accepted by others as well. 
                "The case for Dalits is more compelling. One does not want 
                to use the same instrument of reservations for OBCs," says 
                Pratap Bhanu Mehta, President and Chief Executive, Centre for 
                Policy Research (CPR), who, along with sociologist Andre Beitelle, 
                resigned from the National Knowledge Commission in protest against 
                mindless caste-based reservations. Mehta also believes that before 
                we look at reservations, we must answer the questions: What kind 
                of deprivation are we targeting? What prevents the backward sections 
                from achieving their full potential? "It is imperative that 
                the issue is addressed in a larger canvas of education, employability 
                and entrepreneurship," says J.J. Irani, Director, Tata Sons, 
                who was Chairman of an industry taskforce on the issue.  
                 
                  | How Big Is The OBC Population? The short answer to that is: No 
                    one knows. The government and its various arms have, at various 
                    points in time, come up with three mutually exclusive answers.
 |   
                  | 1980 52%
 Mandal Commission Report
  199834%
 National Family Health Statistics
  200037%
 National Sample Survey
 |  Pushed to the wall on the issue of job quotas, 
                and threatened with legislation, industry bodies like the Associated 
                Chambers of Commerce and Industry of India (ASSOCHAM) and the 
                Confederation of Indian Industry (CII) have come out with a series 
                of "voluntary" affirmative action (AA) policies. Explaining 
                the anti-legislation stance of the industry and countering the 
                suggestion that the action plan suggested by it is a ploy to stave 
                off legislation, R. Seshasayee, Managing Director, Ashok Leyland, 
                and President, CII, says: "Legislation normally ensures that 
                people follow the letter of the law rather than the spirit of 
                the law." However, the fact remains that organised private 
                industry, which employs eight million people, has been consistently 
                and, often quite vehemently, against job quotas. The rationale: 
                a country that is positioning itself as the knowledge back-end 
                of the world cannot compromise on merit. 
                 
                  |  |   
                  | "Voluntary initiatives 
                    with quantifiable targets are the only way forward and industry 
                    is committed to it" Sunil Mittal
 Chairman & MD,
 Bharti Airtel
 |  Pro-reservationists, however, say social and 
                economic backwardness prevents the acquisition of merit, leading 
                to a vicious cycle of no-education-no-jobs and so on. If breaking 
                this cycle is the goal of reservation, then, logically, education 
                needs to be targeted, but from the other end of the spectrum. 
                Rather than opening up access to IITs and IIMs, the emphasis should 
                then be on strengthening the primary school system in the country. 
                Says Rahul Bajaj, Chairman, Bajaj Auto, and Rajya Sabha mp: "I 
                believe reservations are not likely to achieve the objectives 
                for which they are being demanded. However, the problems of the 
                economically backward, including the SCs/STs, should not be ignored. 
                The first thing to do is obviously to ensure good primary education 
                for all."  If one believes that historical social and 
                economic practices prevent some groups from acquiring the skills 
                required to access education and jobs, then other issues emerge. 
                Caste is only one of the variables limiting performance. Income, 
                cutting across caste lines, is often a more potent factor in preventing 
                access to education and jobs. Religion, regional biases and gender 
                also play their roles in this. As the example of the IITs shows-SC/ST 
                quotas are seldom fully utilised (see The Story At The IITs)-numerical 
                quotas do not often serve their full purpose in any of these cases. 
                 
                  | THE EXPERIENCE ELSEWHERE IN THE WORLD |   
                  | Affirmative action 
                    (AA)-measures mandated by law to reverse deep-rooted social 
                    prejudices and political injustices against particular demographic 
                    groups-is not the prerogative of the Indian government alone. 
                    The US has a high profile AA programme aimed at bringing African 
                    Americans (and other minority groups from Asia and Latin America) 
                    into the mainstream. And following the end of apartheid, South 
                    Africa has also adopted measures to promote greater inclusiveness 
                    in its society. The European Union (EU), which uses the term 
                    "positive action", only has provisions for gender 
                    equality.  The term AA was first used by the then US President Lyndon 
                      Johnson in 1965 in an executive order requiring Federal 
                      contractors to ensure employees were not discriminated against 
                      on the basis of their race, creed, colour or national origin. 
                      But the US is now debating the ethics of the voluntary desegregation 
                      plan in public school enrolments following a decision of 
                      its Supreme Court, on August 1 this year, to refuse to reopen 
                      the Lynn School Race Case, which takes race into consideration 
                      when children request transfers to schools outside their 
                      neighbourhoods. President George W. Bush has now taken a 
                      stand against AA saying: "Policies that give minorities 
                      a leg up on white college applicants are an unconstitutional 
                      discrimination and should be struck down by the Supreme 
                      Court." |   
                  |  |   
                  | THE VOLUNTARY RESPONSE The organised private sector accounts 
                    for only around 2 per cent of the
 total workforce in India. Yet, for the government it has become 
                    the frontier where its progressive and socially inclusive 
                    policies have to be most visible. Indian industry:
 |  
                  | » Is 
                    unequivocally against legislation for job quotas »  Will 
                    consciously recruit more SCs/STs at all levels
 »  Will 
                    ensure more appointments/promotions to executive levels
 »  Promises 
                    to create 100 SC/ST entrepreneurs by next year; to seek help 
                    from SIDBI, NABARD
 »  Will 
                    sponsor coaching for 10,000 students in 10 universities; to 
                    scale this up to 50,000 students by 2009
 »  Institute 
                    100 scholarships for study in premier institutes
 »  Will 
                    institute 5 scholarships for studies in overseas universities 
                    in Year 1; to scale up to 50 in five years
 »  Ask 
                    individual companies to reserve seats/institute scholarships 
                    in schools run by affiliates
 »  Will 
                    appoint councils/ombudsmen to ensure action by industry
 »  Will 
                    compile data on industry-wide progress of its AA programme
 »  Will 
                    create councils to initiate action against non-compliance 
                    by members
 |    
                 
                  |  |   
                  | "I believe reservations 
                    are not likely to achieve the objectives for which they are 
                    being demanded" Rahul Bajaj
 Chairman, Bajaj Auto
 |  Also, despite the politically-charged debate 
                raging over reservations, there is no reliable data on the exact 
                number of OBCs (see How Big Is The OBC Population?) as there has 
                been no caste-based census since Independence. Analysis based 
                on consumption data is also inconclusive. Says R.K. Shukla, Chief 
                Economist, National Council of Applied Economic Research (NCAER): 
                "There is hardly any difference in the average per capita 
                consumption of the bottom 20 per cent of all categories of the 
                population, be it the SCs/STs, the OBCs or others. Quota policy 
                makers should then exclude the creamy layer of all categories 
                and include the bottom category of all the classes."  Industry, too, has no caste-based employment 
                data. "Though it cannot be substantiated with data across 
                the board, some samples have shown that representation of SCs/STs 
                in shop floors is much more than is popularly perceived," 
                says Irani. 
                 
                  |  |   
                  | "While no person should 
                    be denied a job based on his caste, no one should get a job 
                    on the basis of his caste also" Sanjiv Goenka
 Vice Chairman, RPG Enterprises
 |  On job quotas, however, Corporate India has 
                bought itself a year's time with its "voluntary" action 
                plan, but the proverbial Sword of Damocles continues to hang over 
                its head. "Voluntary initiatives with quantifiable targets 
                are the only way forward and industry is committed to it," 
                says Sunil Bharti Mittal, Chairman & Managing Director, Bharti 
                Airtel. Will Corporate India deliver on this promise? It has no 
                option, but to. Mere words will not help. But there is only so 
                much that it can do. "Given that additions in employment 
                in the private sector is just a very small number-and since it 
                employs only 2 per cent of the country's total workforce-this 
                measure will yield very limited results," says Irani.  "While we in industry certainly have 
                a responsibility for preparing the underprivileged and making 
                them more employable, such efforts cannot substitute for or absolve 
                the government of its own responsibility," says Sunil Kant 
                Munjal, MD & CEO, Hero Cycles.  So what are we shooting for? Brownie points 
                ahead of elections would be the obvious guess, because rather 
                than address real issues, reservations create an illusion of inclusiveness 
                while actually doing nothing for the underprivileged. |