What does social inclusion mean for the new federal government?
How important is the agenda of caste discrimination for Prime Minister Balendra Shah?
The new federal government had started its mandate with some bold gestures in reference to the historical grievances faced by the Dalit community.
An official apology towards the Dalit community was issued, something, albeit symbolic, historical and unique in itself.
Also worthy to consider is that, in the recent federal budget, there were some provisions to better support the nutrition needs of children from the Dalit community at school level by doubling the per child allowance to Rs 1000.
It is probable that more steps of this nature will be announced in the weeks and days ahead.
Yet in order to truly deal with generational caste discrimination, it is going to be paramount to tackle the so-called “elephant in the room”, the issue of affirmative legislation, a broad terminology that contains different propositions, often more commonly known as reservations.
These policies are often seen with skepticism and generally there is a lack of genuine “policy enthusiasm ” about them.
But are reservations really so controversial?
To start with, it is essential to highlight the dearth of knowledge and with it, the lack of expertise surrounding this complex and sensitive issue.
It is also important to clarify, once for all, what reservations are not: a means to address the economic vulnerabilities and needs of financially weak citizens.
To address such situations that cut across the society, the state can and must intervene through welfare schemes.
Such welfare policies, if mistakenly designed or deployed with the wrong intent, can create dependencies and they can be often seen as populist gimmicks cunningly and conveniently used to seek favors from the voters.
Yet, on the other hand, when properly implemented, they make the difference and potentially, they can become pillars of a modern welfare state.
Corruption and Moral Bases of Democracy
And when effectively run, they do make a difference in people’s life.
Reservations have a different objective: they are a social justice tool, a sort of reparative mechanism intended to address historical injustice and wrongdoings inflicted by the state and ruling elites.
In a way, reservations could be seen as a tool to restore justice by providing certain preferences to particular groups who have been historically subjected to discriminatory behaviors.
Consequently, members of these communities have been receiving, in a consistent and systematic fashion, unfair and unjust treatments across the arch of history.
In a jargon, such measures could be seen as positive discrimination actions aimed at creating a fair level play for these persistently marginalized groups, providing them with certain preferences aimed at creating a level playing field in the economy and broader society.
In theory, through reservations, these citizens can, ultimately, once their dignity and respect is re-gained thanks to these policy interventions, have a stronger and fairer shot at success in life.
The distinction between these policies, on one hand, welfare actions targeting economically vulnerable individuals and social justice guided provisions, is evident at least in theory even if in practice, their effects might play out in a way in which differences are not neither discernable nor apparent.
What is essential to understand is to frame reservations as a deliberate attempt of compensation for systemic injustices.
Getting the basics rights is paramount if Nepal wants to lay the foundations for a truly equity based society in which members of historically marginalized groups like Dalit can be in a position to claim full agency and a respected and dignified role in the society.
The use of the verb “want” is intentional because tackling one of the most complex conundrums that Nepal faces, requires commitment.
There is an urgent need to discuss and understand if larger sections of the society, especially members of the historically and socio-politically and economically dominant groups, can really show willingness and commitment to address the grievances felt Dalit and other marginalized groups.
It is certainly true that, in theory and to some extent also in practice, the inclusive transformation of the country is a process that has already started since the advent of the republic in Nepal.
Yet it is indispensable to ensure the full and unconditional buy-in on the part of the larger sections of the society that might be not so inclined or could be even uncomfortable to talk about reservations.
Achieving such an acceptance for reservation is an indispensable step towards creating a nation whose success is truly based on universal principles like equity, equality and social justice.
It is safe to say that there is a general perception that reservations are accepted but with a high dose of reluctance and with many caveats.
After all, forms of reservations in the public sector do exist and they have provided an otherwise missing door for citizens from the Dalit community to join public service.
But any discussions about watering down reservations or phasing them out at this precise point of modern history of the nation, are misplaced.
There are still so many instances of discrimination against Dalit, a phenomenon that often becomes tragically violent and harmful.
That’s why we need to bring clarity on what reservations are and why they are important not as a permanent tool but as an emergency provision that is actually a moral obligation.
Why not start a real national conversation by going deeply on reviewing some of the ethical, societal and finally legal and practical features of these policies?
It would be an exercise that might put off sections of the larger society less interested or less inclined to delve on technicalities of reservations but at the same time, it could help bring currently opposing and contrasting views on them closer to each other.
Such an effort could support policy makers in grasping the complexities of this form of redress because reservations must be seen as a way to bring relief to oppressed citizens.
In this attempt, it could also be useful to garner more insights from India’s experience with reservation.
Nepal often borrows from its southern neighbor in terms of governance and general legislations and ways the state machinery works, something that, we must admit, is not always the wisest thing to do.
Yet, considering India’s vast practice on caste reservations, including a long series of legal tools available there, measures that often are interpreted within its Supreme Court, it might be worthy to learn more from what is happening not only in the so-called “Centre”, in Delhi.
It could be also useful to understand the experiences on reservation of the States that form the Indian federation.
Both at federal and state levels, even if the overall need of and justification for reservations remain broadly accepted, there is always an important debate that is occurring.
Divergent views do emerge on how to ensure that these social justice provisions are not used for purposes different from the original one for which they were established.
The dynamics continuously unfolding in India over reservations and the debate being shaped over there, imply that we are talking about legal mechanisms not set in stone.
While their overall purpose is clear, the ways that they can be rolled out can change and be modified.
This happens through a process of argumentation that, given their complex nature, becomes subject to different points of view that, very often or better say, almost inevitably, end up being settled in the courts of law.
This is not surprising because laws and their interpretations often mutate as society progresses and evolves and new views are shaped.
On this line, also the impact of reservations on groups that are supposedly benefiting from them, can be studied and observed and, with new data and analysis made available, also new considerations of the tool can arise.
Understanding Indian’s way to reservations, their origin and the ways they are being practiced, might not provide all the answers to Nepal’s quest for a more just and equal nation that tackles historical grievances.
Yet it might help policy makers and the general population in Nepal to have a firmer grasp on the real scope of reservations and the potential impact they can have if they are well designed and genuinely put into practice.
Let’sfinally also remember that an effective use of reservations can enhance good governance.
Good governance, if truly applied, should always be responsive to the citizen’s needs and responsiveness requires, as a prerequisite, true representation.
But reservations can only succeed if there is a broad acceptance by the whole society of their rationale.
Will the citizens of the nation, even those who are most skeptical of reservations, realize that putting in place an equitable and effective system of positive discrimination can benefit the whole society?
It is now up to the new Federal Government to show the way.
Prime Minister Shah and his peers in the cabinet can genuinely engage in a difficult but essential but potentially transformative conversation that can truly enable vast sections of the society to reclaim their voice, their rights and have an equal chance at contributing, with full dignity and agency, to the development of the country.
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