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Written by Deelip Mhaske
The recent US Supreme Court ruling effectively ending affirmative action in college admissions has sparked significant debate. While the focus has primarily been on the case itself and its implications in the United States, it is essential to consider the broader impact of this decision, particularly in the context of India’s reservation policy. This article examines the consequences of the supreme court’s ruling on affirmative action in the US and India’s reservation system, highlighting the need for comprehensive and equitable approaches to address historical inequalities.
The ruling in the Students for Fair Admissions v Harvard case reflects a growing sentiment that affirmative action has lost its moral force. It was initially conceived as a means to rectify historical injustices and promote diversity. However, over time, it has deviated from its original intent, leading to a system that often favours privileged students rather than addressing systemic inequalities.
This ruling, along with prior ones, has raised concerns about the fairness and transparency of the admissions process. The evidence presented by Asian-American pla intiffs in the Harvard case, demonstrating discriminatory practices, has highlighted the need for a more comprehensive and just approach to affirmative action. While elite institutions may continue their diversity missions, there is growing scepticism about the efficacy of their efforts and the transparency of their selection processes.
India has its version of affirmative action, the reservation policy. Under it, a certain percentage of seats in educational institutions and public sector jobs are reserved for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. The objective is to address historical injustices and promote social justice.
The US SC’s ruling has sparked conversations about the future of India’s reservation policy. Critics argue that it may embolden opponents of the reservation system, questioning its effectiveness and relevance. They fear that arguments against affirmative action in the US may be used to undermine India’s reservation policy, exacerbating existing inequalities and hindering social progress.
While India’s reservation policy differs from affirmative action in the US, there are lessons to be learned from the challenges faced by the latter. The shortcomings of affirmative action in the US should serve as a cautionary tale for India, emphasising the need for a comprehensive and evolving approach to address historical inequalities.
India’s reservation policy should be periodically evaluated and reformed to ensure it remains effective and equitable. There is a need to address the concerns critics raise while ensuring that the policy continues uplifting marginalised communities. Transparency, fairness, and meritocracy should be central to any reservation system, avoiding the pitfalls that have plagued affirmative action in the US.
Both the US and India must strive to create a society that upholds the principles of social justice and inclusivity. It is crucial to recognise the historical context in which these policies were implemented and the ongoing struggles faced by marginalised communities.
Rather than relying solely on race or caste-based preferences, comprehensive approaches that take into account multiple dimensions of disadvantage, including socioeconomic factors and educational opportunities, should be adopted. This will enable a more nuanced and effective approach to promoting diversity and social justice.
Deelip Mhaske is founder, Ai For Social Justice initiative and a US-based human rights lawyer
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