India is a land of culture, traditions, customs in which it has a very ancient and golden civilization which are famous in the whole world. The problem of untouchability is an age-old problem persisting in the country from the initial phase of this Hindustan.
Untouchability is not a problem of now present days, it took place from Ramayana and Mahabharata, thereafter which continuously practicing in India till now. Then after it took place in kingship, Mughal period, British colony, means also we can say that pre-independence and after independence, nothing has been changed, everywhere whether city or village, white and black, private and government job everywhere they were and sufferer of this untouchability.
The constitution of India disallow and forbid untouchability and also empowered the state to develop special provisions regarding the Scheduled Caste, Scheduled Tribes and Other Backward classes. The policy of reservation is directed by the Law of the country in accordance with the Constitutional provisions regarding reservation policies, there are some other Acts like Special Acts, local Acts, and regulations, guidelines and statutory Laws. The Constitution of India has provided some important Articles regarding reservation, Article- 15(4), 15(5), 16(4), 16(4A), 16(4B), 46, 334, 335.
The case of Jarnail Singh and Lacchmi Narain speaks about the same topic of promotion in the reservation. There are many judgments and many debates from a very long period of time on this topic but it is in a dilemma regarding whether the creamy layer among the SC/STs should be disqualified or barred from obtaining promotions in reservations.
Reservations for the backward classes have always been a debatable issue in India and the emergence of Laws have nothing to do with it because inequality is reserving access to seats in various government jobs, educational institution etc. It is need of hour to realize the promise of equality.
Reservation policies finally fails to achieve its goal or purpose of giving opportunity to everyone because now also there are many discriminations are going on in our societies, the people of SCs are being killed day by day in Rajasthan, Uttar Pradesh, Madhya Pradesh, Bihar and Haryana due to untouchability in every sector or locality by the name of entry in Temples, sitting at fronter of General’s home, political issues, it is very cheaper to say that we are still back in society, and governments are still not working properly and not taking any strict actions against Accused. Governments are just announcing their policies and schemes but people backward states not aware about it.
The total quota of reservation stands at 49% in many states of India and which includes the SCs, STs and OBCs. In reality there is no abolishment of caste system. There are antagonistic attitude on both sides. The member of lower class strongly feel that they do not have sufficient reservation and members of upper classes feel that in spite of their hard work and merits they do not have the same opportunities.
Recent news of 2 June 2019, – A Dalit minor was tied with a rope and beaten up allegedly by a group of upper caste men after he tried to enter a temple in Rajasthan’s Pali District. The incident reportedly took place on June 2019 in Pali’s Dhaneriya village. In a video, which went viral soon after the incident, the perpetrators are seen clobbering the boy even as he pleaded them to stop saying that he will never enter the temple.
In Indra Sawhney v. Union Of India- The Apex Court of India has held that the reservation in jobs is declared as ‘unconstitutional’ but after 5 years it was allowed. There were nearly about 4 amendments in relation to SC/ST candidates for promotion and the validity of these four amendments were challenged in the Hon’ble Supreme Court Of India.