This Article is From Jul 10, 2009

Affirmative action by another name?

New Delhi:

The government seems all set to constitute an Equal Opportunities Commission (EOC) that will be a watchdog institution to ensure all deprived sections of society are provided affirmative action.

This is based on the recommendations of the Sachar Committee but the draft Cabinet note is being met with stiff resistance from various ministries.

One of the controversial provisions is to include private bodies under the ambit of the EOC, a back door entry for introducing affirmative action in the private sector.

The government may be eyeing the best of the corporate world but it is also arming itself with powers to investigate employment in the private sector.

The Prime Minister is all set to appoint a watchdog. The aim is to ensure a fair deal for minorities in education and jobs - affirmative action or quotas.

The commission can investigate government and private bodies, inspect premises and records and demand explanations if equal opportunities are denied.

However, it will only have advisory powers.

"The ability to set standards in the public realm in a mature democracy, we can't go about by beating with a stick, this is not the way," said Salman Khursheed, Minorities Affairs Minister

Yet, the Equal Opportunities Commission has already run into trouble over its powers to monitor private companies according to a draft Cabinet note.

The objections by some ministries are:

  • That equal opportunities have to be given to individuals and not groups
  • And that it's not possible to dictate terms to the private sector

"It's not reservations but aspirations that we need to look at and ensure that we work towards that goal," said Salman Kursheed.

It can however, recommend action to the government, including blacklisting and denial of privileges like tax benefits, seek compensation from the company. It's these powers which have the industry worried.

"Today companies have global benchmarks, we can't ask an employee for his caste X or Y or religion X or Y this cannot happen in the private sector," said Amit Mitra, Secretary General, FICCI.

Giving equal opportunities is a welcome concept but it's the fear of its misuse that has the private sector worried and the government will have to do a rethink.

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