The Government can take special steps for improving the conditions of the less advantaged or weaker sections of the society. This is called ‘Protective Discrimination’ or Rational Discrimination’. Though ‘Protective Discrimination’ is highly permissible and indispensable, the steps taken by the government for benefiting weaker sections require specific legal backing. Owing to such reason, the Government of India and Nagaland has a law-backed reservation policy for Government jobs or public employment. Such reservation policy would not have existed had the government been empowered to do anything at its whims and caprices. Any special steps undertaken for backward tribes should be within the admit of Indian constitution and without infringing ‘Fundamental Rights’ of others.
‘Protective or Rational Discrimination’ provided in the form of special reservations in government jobs to less advanced or backward tribes is very much acceptable. But the legal validity of granting 10 EAC posts to 10 Naga backward tribes is highly questionable and therefore, deserve the attention and impartial judgement of the judiciary too. This issue should be well examined and impartially debated without any prejudice by every right thinking Nagas irrespective of tribes.
Efforts to uplift the 10 backward tribes through faulty means is injustice. While trying to provide ‘Rational Discrimination’ wrongly to 10 backward tribes, the government have inflicted discrimination to other Naga tribes (Ao, Sumi, Kyong, Angami) on ground of tribe or race. Such discrimination is tantamount to violation of Fundemental right under Article 15 of Indian Constitution which states “Prohibition of discrimination on ground of religion, race, sex, etc. in another perspective, opportunity for those 10 EAC posts being opened only to 10 tribes amounts to breach of fundamental right under Article 16 of Indian Constitution which guarantees “Equitable opportunity to all in public employment”. Article 13 (Indian constitution) specially declares that any law which contravenes any of the provisions of the part of Fundamental Rights shall be Void.
Now the option with the government is to either revoke the ‘special recruitment drive’ or open 10 EAC posts exam to all eligible Nagas and appointment done on the basis of existing job reservation policy.
The NSF should also come out clear with its stand on this issue publicly. There is no middle path on this issue. Whether ’for’ or ‘against’ this ‘special recruitment drive’, the NSG’s stand should be based on sound judgement and fair reason which should be rationally justified.
The government should stop attempting to make its task easier by organizing this sort of ‘special recruitment drive’. It should rather strive to create more employment avenues, and atleast ensure that vacant posts are advertised publicly instead of conducting exams among few applicants without public advertisement of posts (Eg: ongoing Exam in Foods & Civil Supplies Dept. for 9 store keepers and 5 Sud-Inspector posts).
Had this ‘Special Recruitment drive’ been a genuine step to eradicate backwardness the government would not have ignored the Sumis under Kiphire district who are also under backward category and enjoy government job reservation.
The step initiated by SKK, KSU, AKM, and ASU is laudable because it is not merely an ‘anti-special recruitment drive’ movement but a movement against inequality and injustice. Hope equality and justice will prevail at the end without bowing down to political pressure.
This is not a communal issue. This is not the question of ‘who is right or wrong?’ but rather ‘what is right and what is wrong’? Therefore, the final outcome of this issue will reflect and reveal the real position of the Nagaland government Apex students unions and the Nagas in the ‘Realm of Justice’.
This write-up is being issued to opine that inflicting on some in the name of uplifting others would portray Naga Society as unjust.
‘Protective or Rational Discrimination’ provided in the form of special reservations in government jobs to less advanced or backward tribes is very much acceptable. But the legal validity of granting 10 EAC posts to 10 Naga backward tribes is highly questionable and therefore, deserve the attention and impartial judgement of the judiciary too. This issue should be well examined and impartially debated without any prejudice by every right thinking Nagas irrespective of tribes.
Efforts to uplift the 10 backward tribes through faulty means is injustice. While trying to provide ‘Rational Discrimination’ wrongly to 10 backward tribes, the government have inflicted discrimination to other Naga tribes (Ao, Sumi, Kyong, Angami) on ground of tribe or race. Such discrimination is tantamount to violation of Fundemental right under Article 15 of Indian Constitution which states “Prohibition of discrimination on ground of religion, race, sex, etc. in another perspective, opportunity for those 10 EAC posts being opened only to 10 tribes amounts to breach of fundamental right under Article 16 of Indian Constitution which guarantees “Equitable opportunity to all in public employment”. Article 13 (Indian constitution) specially declares that any law which contravenes any of the provisions of the part of Fundamental Rights shall be Void.
Now the option with the government is to either revoke the ‘special recruitment drive’ or open 10 EAC posts exam to all eligible Nagas and appointment done on the basis of existing job reservation policy.
The NSF should also come out clear with its stand on this issue publicly. There is no middle path on this issue. Whether ’for’ or ‘against’ this ‘special recruitment drive’, the NSG’s stand should be based on sound judgement and fair reason which should be rationally justified.
The government should stop attempting to make its task easier by organizing this sort of ‘special recruitment drive’. It should rather strive to create more employment avenues, and atleast ensure that vacant posts are advertised publicly instead of conducting exams among few applicants without public advertisement of posts (Eg: ongoing Exam in Foods & Civil Supplies Dept. for 9 store keepers and 5 Sud-Inspector posts).
Had this ‘Special Recruitment drive’ been a genuine step to eradicate backwardness the government would not have ignored the Sumis under Kiphire district who are also under backward category and enjoy government job reservation.
The step initiated by SKK, KSU, AKM, and ASU is laudable because it is not merely an ‘anti-special recruitment drive’ movement but a movement against inequality and injustice. Hope equality and justice will prevail at the end without bowing down to political pressure.
This is not a communal issue. This is not the question of ‘who is right or wrong?’ but rather ‘what is right and what is wrong’? Therefore, the final outcome of this issue will reflect and reveal the real position of the Nagaland government Apex students unions and the Nagas in the ‘Realm of Justice’.
This write-up is being issued to opine that inflicting on some in the name of uplifting others would portray Naga Society as unjust.
