Affirmative Action - Know its Purpose, Importance, Advantages, Disadvantages, Examples & Implementation

Affirmative action taken up by a government or an organization refers to a collection of policies and practises designed to include specific groups based on their gender, ethnicity, sexual orientation, religion, or nationality in fields such as education and employment in which they are undervalued. Support for affirmative action has traditionally and globally aimed to accomplish objectives like addressing income and employment disparities, expanding educational opportunities, fostering diversity, and redressing alleged past wrongs, harms, or obstacles.

In this article, let us look at what affirmative action is, the purpose of affirmative action, affirmative action policy in India, its advantages and disadvantages, impacts and implementation issues as required for the UPSC IAS Examination since the topic is important from the context of the Indian Polity section which is a part of UPSC mains GS 2 paper and prelims GS paper 1.

Check out the linked article to download the notes on Indian Polity for UPSC Exams now!

What is Affirmative Action?

Affirmative action seeks to boost the representation of specific societal segments within businesses, educational institutions, or areas where their presence is currently limited. Alternatively, it aims to reduce and mitigate discrimination against particular sets or groups of people. Affirmative action policies are designed to enhance opportunities for groups that have been historically overlooked by society, with a primary focus on expanding employment and education prospects.

Purpose of Affirmative Action

• To provide equal opportunities for those groups of people who have been left out and undervalued in education (admissions to educational institutions, educational assistance) and employment (promotions, hikes in wages) prospects.
• It was originally brought up to end discrimination against race and was further expanded to cover discrimination based on sex, disability, etc.
• It was implemented with the aim of functioning for a specified period till the marginalized are able to get back their rights in society.

Examples of Affirmative Action

Some of the examples of affirmative action have been listed below:

• When many government-run academic establishments willingly offer reservations for SC, ST, and OBC students, this is an example of affirmative action.
• Constituencies are earmarked for SC and STs in proportion to their population to represent the communities in politics adequately. In Public Sector Undertakings (PSUs), the civil service, and statutory bodies, there is a reservation. 
• Affirmative action in the workplace can also take the form of outreach efforts, targeted hiring, employee and management development, and employee support initiatives.

Why is Affirmative Action Important?

Affirmative action is significant for the following reasons:

• to make corrections for the historical wrongs committed against the nation's lower castes.
• To create an equal playing field for underprivileged groups since they are unable to fight with those who have long had access to money and resources.
• To guarantee fair representation of underprivileged sections in state-run services.
• To ensure that meritocracy is based on equality, all persons must be brought to the same level before being evaluated on their individual merits.

Check out the linked article to download the notes on the National Commission for Minorities for UPSC Exams now!

Affirmative Action – Constitutional Provisions

A discussion in the Constituent Assembly led to the inclusion of the Articles guaranteeing reservation in the Indian Constitution. The central government approved an Ordinance in 1950 to implement reservations in accordance with constitutional principles. SCs and STs were designated by the ordinance in order to receive reservations.

Two important clauses of the nation's constitution that were approved in 1950 molded the country's government's approach toward the handling of these groups.

• They are the "non-discrimination and equal opportunity" principle and the State's authority to take action to guarantee that these principles are in practice. The strategy has three key components, namely:
• legal and other anti-discrimination protections; informal affirmative action in agricultural and the private sector as part of general empowerment and development measures; Informal affirmative action in agricultural and the private sector as a component of overall empowerment and development measures, proactive actions in the state and those sectors supported by the state, in the form of the reservation policy;
• The State shall encourage with special care the educational and economic aspirations of the weaker parts of the people, and in particular of the Scheduled Tribes, and shall protect them from social inequality and all forms of exploitation, according to Article 46 of the Indian Constitution.
• The Scheduled Castes and Scheduled Tribes are listed in Articles 341 and 342 of the Indian Constitution as being entitled to the provisions above.
• To determine which categories of individuals would benefit from reservations in the government, the Kalelkar Commission was established in 1953, and the Mandal Commission was established in 1979.

Check out the linked article to download the notes on the Difference between Caste and Class for UPSC Exams now!

Affirmative Action Policy in India

Affirmative Action Policy has essentially been practiced more actively and for longer in India than anywhere else in the world.

• The protective discrimination program was created under the Indian Constitution with the goal of easing the suffering of the oppressed and exploited segments of Indian society as well as for the restructuring and conversion of a hierarchical society emphasizing inequality into a modern egalitarian society based on individual achievement and equality for all. However, this egalitarian ideal was the result of a protracted process of change in the traditional structure of a caste-based society from the Medieval Era.
• The indigenous reforms and Western influences both served as drivers of the process.
• The government's response to this discrimination is to make provisions for scheduled castes, scheduled tribes, other underprivileged groups, and now women in government positions, educational institutions, legislatures, and local self-governing institutions, also known as Panchayati Raj institutions.

What is the Current Affirmative Action Policy?

The prevailing affirmative action in India, also known as the Indian reservation policy, is functional in three crucial areas, namely the appointment and promotion in government services, admissions to public academic organizations, and seats in Central, State, and local legislative bodies.

Appointment and Promotion in Government Services

• The reservation policy's section pertaining to government services is its most crucial component.
• In accordance with their demographic proportion, the government provides reservations for SCs and STs as per Article 16(4) of the constitution. There are reservations concerning the promotion of employees as well.
• The Public Sector Undertakings (PSUs), statutory and semi-governmental organizations, the government's civil service, and non-profit organizations under its control are among the government services that are covered. However, some services, such as the judiciary and the defense, are not covered by the reservation policy at the central level.
• Along with reservation, there are other considerations, such as a lower minimum age requirement for service entry, a lower minimum standard of qualification (subject to a mandatory minimum qualification), pre-examination coaching, separate interviews for SCs and STs, and representation of individuals from SC or ST backgrounds on selection committees.

Admission to Public Education Institutions

• Education is the second most crucial element of reservation policy.
• The State is given the authority to establish specific provisions for the educational advancement of SCs and STs under Article 15(4) of the Constitution. In order to carry out this provision, the State reserves seats for SC and ST students in all colleges managed by the Central or State Governments as well as all government-aided educational institutions.
• Numerous financial programs, such as scholarships, special dormitories for SC and ST students, fee reductions, subsidies for books, and additional coaching accompany this.

Seats in the Legislature

• The reservations in the Central and State legislatures are the third most significant area of reservation policy.
• Seats in the Central and State legislatures are reserved for SCs and STs in accordance with Articles 330, 332, and 334 of the Constitution.
• Similar reservations are offered in district, taluk, and village-level councils. In addition to the seat reservations, there are statutory provisions intended to boost SC and ST members' political engagement, such as the demand for smaller election deposits.

Check out the linked article to download the notes on the National Commission for Scheduled Castes (NCSC) for UPSC Exams now!

Impacts of Affirmative Action Policy in India

• The number of SC and ST government workers has dramatically increased. From 12% in 1956 to around 16% in 2003 and from 38,000 in 1960 to 211,000 in 2003, the proportion of SC and ST personnel respectively, in the entire government workforce rose, coming pretty close to matching their share of the population. In addition, public sector organizations, nationalized banks, and public insurance firms have seen a large growth in the number of SC and ST employees. There still are differences between various work types, and quotas are considerably more likely to be fulfilled in lower job categories.
• The data suggests that the number of SCs and STs enrolled in academic institutions has significantly increased. When compared to the total number of graduates, the proportions of SCs and STs were projected to be 3.3% and 0.8%, respectively, in 1981. However, these numbers had increased to 7.8% and 2.7% by the late 1990s. Nevertheless, these numbers are relatively small when compared to the population shares of the communities.
• According to the All India Survey on Higher Education report for the year 2019-20, the enrolment of SC students in Higher Education is 14.7% of the total enrolment, and the male-female ratio is more or less similar to the other Social Groups. On the other hand, students belonging to the ST group make up about 5.6% of the total student enrolment. The enrollment ratios for both the social divisions as per AISHE 2010-11 were 11.1% and 4.4%, respectively.
• In Central and State legislatures, seats are mandatorily reserved for SCs and STs in proportion to their demographic proportions. In 2004, 41 (7.6%) and 75 (13.8%) of the 543 Lok Sabha seats were respectively reserved for SCs and STs. More than 2000 seats in the Vidhan Sabha were set aside for members of the SC and ST communities. Although there has been a delay in revising the shares based on data from the 2001 census, which places the population shares of SCs and STs at 17.0% and 8.5%, respectively, these standards are still based on the population proportions of SCs and STs in 1981.
• A significant enhancement in human development indicators among SCs and STs has been observed recently. For instance, between 1983–1984 and 1999–2000, the incidence of poverty decreased while monthly per capita consumption spending and literacy rates among SCs and STs both rose. However, compared to other groups, the extent of the improvement has often been smaller for SCs and STs, meaning that they have lagged behind other Indian demographic segments.

Check out the linked article to download the notes on the National Commission for Scheduled Tribes (NCST) for UPSC Exams now!

Implementation Issues – Affirmative Action Policy in India

The below issues persist in the implementation of the affirmative action policy in India.

• Currently, only the government and sectors that the government backs are subject to the reservation policy. Though it's believed that more than 90% of SC and ST workers work in the private sector, there is a risk that they won't have any protection from discrimination. To reach an agreement between the public and private sectors on the adoption of affirmative action measures in the private sector, the government has formed a Group of Ministers.
• In comparison to representatives from high castes, members from the SC and ST communities have less effective representation. It has been contended that the ability of SC and ST legislators from reserved constituencies to represent the interests of their groups is constrained. Dr. Babasaheb Ambedkar proposed the "Separate Electorate" system in order to provide a more effective and independent representation of SCs and STs in the assembly owing to this restriction.
• According to studies, SCs and STs encounter significant obstacles while attempting to obtain justice in cases of discrimination. According to data on civil rights cases, for instance, only 1.6% of all cases filed in 1991 resulted in convictions, and this number dropped to 0.9% by 2000. In Andhra Pradesh, a review of the factors contributing to low conviction rates found carelessness and collusion during the registration, charge-filing, and investigation phases, as well as when seeking justice in court and compensating victims (Agrawal and Gonsalves 2005, Dalit Human Right Monitor 2003).
• With the option of extending every ten years, political representation reservations were first granted for ten years. Contrarily, it is up to the government to provide reservations in the areas of government services and education up until the point where it is thought that discrimination against SCs and STs is no longer a significant issue. Only a limited number of people are concerned about reservation policies being extended indefinitely. However, as long as discrimination and social alienation of SCs and STs continue, the majority opinion is in favor of extension.

Check out the linked article to download the notes on Social Empowerment for UPSC Exams now!

Pros & Cons Of Affirmative Action

The provision of reservations to boost the lives of the deprived sections of the society has its advantages and disadvantages which some of which have been listed below.

Pros

• Income, education, and employment status all affect a person's or a family's socioeconomic position. The affirmative action strategy boosts minorities' and underprivileged groups' prospects of moving up the socioeconomic ladder by ensuring that they have an equal opportunity to pursue education and employment.
• If disadvantaged families do not have access or are unable to afford higher education, they frequently slip into growth and poverty traps. Affirmative action enhances the education of the students by offering grants and scholarships that are intended for students from underrepresented groups.
• By encouraging women and other formerly disadvantaged groups to enroll in higher education and providing them with equal chances and remuneration, regardless of gender or ethnicity, affirmative action helps society advance education. As a result, the economy's human capital expands and develops more broadly, potentially leading to greater living standards and per capita income.

Cons

• Affirmative action results in discrimination against people and groups that do not belong to the underprivileged section. Because they do not belong to a minority group, talented people may not be afforded equal opportunity. Additionally, it could lead to animosity between majority and minority populations.
• Meritocracy is a crucial system that seeks to encourage more capable people to pursue higher education so they can have the resources and expertise necessary to affect significant changes in the world. Affirmative action may discourage meritocracy in educational institutions by pressuring universities to accept more students of a specific race, nation, or gender.
• Achievements made by members of underrepresented groups may be viewed as the product of affirmative action rather than their effort, which can be insulting to their genuine level of effort and confidence.

Check out the linked article to download the notes on the National Human Rights Commission for UPSC Exams now!

Conclusion

Affirmative action is a tool for societal transformation, ensuring that no one is exploited or subjected to undue dominance as society moves toward the third millennium safely and with respect and dignity to which every individual is entitled. It is essential to put the reservation discussions within a new framework that appropriately accounts for the changes occurring in Indian culture and the economy. This framework ought to aid in striking the ideal balance between equality and quality. To start any significant reform in India's affirmative action system, a socioeconomic caste-based census becomes a prerequisite.

Affirmative Action UPSC Previous Questions

Q1. Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. [UPSC Mains 2018]

Q2. "The reservation of seats for women in the institution of local self-government has had a limited impact on the patriarchal character of the Indian political process." Comment. [UPSC Mains 2019]

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