Historical perspective

The reservation system in Tamil Nadu

Tamil Nadu

Tamil Nadu is one of the 28 states of India. Its capital and largest city is Chennai. Tamil Nadu lies in the southernmost part of the Indian Peninsula and is bordered by the union territory of Pondicherry, and the states of Kerala, Karnataka, and Andhra Pradesh...

 is much in contrast to the rest of India, not by the nature of reservation but by its history. When the first reservation protest hit New Delhi in May 2006, a contrasting quiet serenity was noticed in Chennai. Later, as the anti-reservation lobby gained in visibility in Delhi, Chennai saw quiet street protests demanding reservation. Doctors in Chennai, including doctors association for social equality(DASE) were in the forefront expressing their support for reservation in institutions of higher education run by the Central government.

Present practice

At present, in day to day practice, reservation works out to somewhat less than 69%, depending on how many non-reserved category students are admitted in the super-numerary seats. If 100 seats are available, first, two merit lists are drawn up without considering community (reserved or unreserved), one for 31 seats and a second for 50 seats, corresponding to 69% reservation and 50% reservation respectively. Any non-reserved category students placing in the 50 seat list and not in the 31 seat list are admitted under super-numerary quota (i.e.) seats are added to the 100 for these students. The 31 seat list is used as the non-reserved open admission list and 69 seats are filled up using the 69% reservation formula (30 seats obc, 20 seats mbc, 18 seats sc and 1 seat st). The effective reservation percentage depends on how many non-reserved category students figure in the 50 list and not in the 31 list. At one extreme, all 19 (added from 31 to make the 50 list) may be non-reserved category students, in which case the total reservation works out to about (69+19)/119 or 74% with 16% considered as a 'reservation' for non-reserved category students! At the other extreme, none of the 19 added to the 31 list may be from the non-reserved category, in which case no super-numerary seats are created and reservation works out to be 69% as mandated by the state law.

Reservations are seen by some as promoting conversions into Hinduism in the modern day.
When a person from BC, ST, SC denominated castes converts into other minority religions (Christianity, Islam, etc) they loose most of their reservation benefits (69%) and can only avail reservation as minorities (4% to 12%). Such person can obtain their original reservation status by converting into Hinduism. As there was no process originally mentioned in the Vedas, the process of Shuddhi

Shuddhi

Shuddhi is Sanskrit for purification. In Hinduism it is a part of worship. It also sometimes refers to reverting to Hinduism after converting from Hinduism to another religion.-Shuddhi movement:...

  has been employed as the official process of converting into Hinduism.

Timeline

Sourced from a Rediff.com new article.

1951

16% Reservation for SC/ST and 25% Reservation for OBCs introduced. Total Reservation Stood at 41%

1971

Sattanathan Commission recommended Introduction of "Creamy Layer" and altering Reservation percentage for Backward Classes to 16% and separate reservation of 17% to Most Backward Classes (MBCs).

DMK

Dravida Munnetra Kazhagam

Dravida Munnetra Kazhagam is a state political party in the states of Tamil Nadu and Pondicherry, India. It is a Dravidian party founded by C. N. Annadurai as a breakaway faction from the Dravidar Kazhagam headed by Periyar...

 Government increased OBC reservation to 31% and Reservation for SC/ST has been increased to 18%. Total Reservation stood at 49%

1980

ADMK

MGR Anna Dravida Munnetra Kazhagam

M.G.R. Anna Dravida Munnetra Kazhagam, splinter-group of All India Anna Dravida Munnetra Kazhagam. MGR ADMK was part of National Democratic Alliance and took part in the Central government of Atal Behari Vajpayee. The party was led by S...

 government excludes "Creamy Layer" from OBC reservation benefits. Income Limit for availing Reservation benefit has been fixed at Rs 9000 Per Annum. DMK and other Opposition parties protested the decision.

Creamy Layer scheme withdrawn and Reservation % for OBC has been increased to 50%. Total Reservation Stood at 68%

1989

Statewide Road Blockade Agitations were launched by Vanniar Sangam (Parent Body of Pattali Makkal Katchi

Pattali Makkal Katchi

Paattali Makkal Katchi is a Tamil political party.-History:PMK was founded by Dr. S. Ramdoss and the state president is G. K. Mani. Ramdoss had earlier worked with the Vanniyar Sangham founded by him in 1980. PMK is based amongst the Most Backward Class Vanniyakula Kshatriyas community...

) demanding 20% reservations in State Government and 2% Reservations in Central Government exclusively for Vanniyar

Vanniyar

Vanniyar , refers to a very large social group of people spread all across South India. Vanniyars primarily live in modern Tamil Nadu where they speak Tamil, while in Andhra Pradesh, Karnataka and Kerala they speak their native South Indian Dravidian languages namely, Telugu, Kannada and Malayalam...

 Caste.

DMK Government Split OBC reservations as 2 Parts with 30% for OBC and 20% for MBC. Separate Reservation of 1% introduced for Scheduled Tribes. Total Reservation percentage stood at 69%.

1992

Supreme Court, in Mandal Judgement, reiterated that Reservation percentage cannot exceed 50% and "Creamy Layer" to be excluded from Reservation benefits.

1994

Court instructed Tamil Nadu Government to follow 50% reservations in the case filed by famous lawyer K. M. Vijayan on behalf of VOICE Consumer forum. Anandakrishnan, one of the members of Oversight committee, and then Anna University

Anna University

Anna University was a premier technical university in Tamil Nadu, India. Anna University was formed on September 4, 1978, as a unitary university that integrated four technical institutions in the city of Chennai , including the College of Engineering, Guindy, Alagappa College of Technology,...

 chairman announced that 50% reservation will be followed.

69% Reservation was included in 9th Schedule.

K. M. Vijayan was brutally attacked and maimed while leaving to New Delhi

New Delhi

New Delhi is the capital city of India. It serves as the centre of the Government of India and the Government of the National Capital Territory of Delhi. New Delhi is situated within the metropolis of Delhi. It is one of the nine districts of Delhi Union Territory. The total area of the city is...

 to file case in Supreme Court against inclusion of 69% reservation in 9th Schedule

2006

Supreme Court asked Tamil Nadu Government to exclude Creamy Layer from Reservation benefits.

May 2006 -August 2006

Anti Reservation Protests intensified in many parts of India.). Pro reservationists claim protests were intensified by media bias." Tamil Nadu stayed calm. This is attributed to low percentage of Forward castes in Tamil Nadu (13%) as against 36% in India.

Alternative systems of Affirmative Action proposed by academics Prof. Purushottam Agrawal of the Jawaharlal Nehru University

Jawaharlal Nehru University

Jawaharlal Nehru University, also known as JNU, is located in New Delhi, the capital of India. It is mainly a research oriented postgraduate University with approximately 5,500 students and a faculty strength of around 550.-History:...

 in the form of the Multiple Index Related Affirmative Action (MIRAA

Khat

Khat, qat, gat or Waquish Spoken from true Yemeni, is a flowering plant native to tropical East Africa and the Arabian Peninsula....

) - http://www.sabrang.com/cc/archive/2006/june06/report3.html and by Prof. Satish Deshpande and Dr. Yogendra Yadav of the Centre for the Study of Developing Societies - http://www.hindu.com/2006/05/22/stories/2006052202261100.htm

Dr. Sam Pitroda

Sam Pitroda

Satyanarayan Gangaram Pitroda popularly known as Sam Pitroda is an inventor, entrepreneur and policymaker. Currently Advisor to the Prime Minister of India on Public Information Infrastructure & Innovations, he is also widely considered to have been responsible for India’s communications revolution...

, Chairperson of the National Knowledge Commission

National Knowledge Commission

On 13 June 2005 , the Prime Minister of India, Dr. Manmohan Singh, constituted the National Knowledge Commission, as a think-tank charged with considering possible policy that might sharpen India's comparative advantage in the knowledge-intensive service sectors.In particular, the Commission was to...

 [an advisory body instituted by Prime Minister Manmohan Singh] came out in opposition to the proposed scheme to extend caste-based reservations to OBCs in institutes of Higher Education (http://www.indiadaily.org/entry/sam-pitroda-review-quota-policy/)

Dr. Pratab Bhanu Mehta, member-convener of the National Knowledge Commission resigns from his post in protest against the policy of reservations [Dr. Mehta's open letter of resignation - http://www.indianexpress.com/story/4916.html].

Indian Prime Minister appoints Oversight committee headed by former chief minister of Karnataka M. Veerappa Moily to suggest ways for implementation of reservations for Other Backward Classes and to suggest measures for increasing seats in educational institutions.

Oversight committee submits interim report and suggests phased implementation of reservations in central educational institutions for other backward classes.http://news.indiainfo.com/2006/07/29/2907committee-internim-report.html

OBC reservation bill introduced in the Lok Sabha

Lok Sabha

The Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...

 and referred to standing committee. It has not excluded creamy layer (rich and affluent amongst the other backward classes) from enjoying reservation benefits per supreme court judgement.http://in.rediff.com/news/2006/aug/21quota.htm

Supreme court referred inclusion of 69% reservation in Tamil Nadu in 9th schedule to 9 member bench

September 2006-2007

Supreme court observed that central Government is trying to introduce quota without adequate data.

Oversight committee submits final report.

Supreme court upheld constitutional amendment for providing reservations in promotions for Scheduled castes and Tribes. It reiterated 50% limit and exclusion of Creamy layer from enjoying reservation benefits.http://www.indianexpress.com/story/15130.html

Parliamentary standing committee recommended preference for non creamy layer (Poor among backwards) among backward classes from enjoying reservation benefits and comprehensive population survey to identify real backward people.http://www.ndtv.com/template/template.asp?template=Reservation&id=97487&callid=1

Sachar committee submitted its report regarding backwardness of Indian Muslims. It made many recommendations for uplifting Indian Muslims. It indicated that current enrollment in educational institutions of non Muslim OBC's is almost equal to/close to their population. It also recommended alternative methodfor identifying real needy people.http://www.milligazette.com/dailyupdate/2006/200612013_download_Sachar_Committee_Report_Indian_Muslims_status.htm

Union cabinet meeting rejected Parliamentary standing committee recommendations and decided to bring reservations bill by including creamy layer (Super rich) among other backward classes. Parliament passed OBC Reservations bill through voice vote.http://www.ndtv.com/template/template.asp?template=Reservation&id=97947&callid=1

April 2008

On 10 April 2008, the Supreme Court of India

Supreme Court of India

The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...

 upheld the law that provides for 27% reservation for Other Backward Castes (OBCs) in educational institutions supported by the Central government, while ruling that the creamy layer

Creamy layer

The creamy layer is a term used in Indian politics to refer to the relatively wealthier and better educated members of the Other Backward Classes who are not eligible for government sponsored educational and professional benefit programs...

among the OBCs should be excluded from the quota.