The Reformed Quota Scheme: Our State and the Marginalized

 

The quota reform movement took an unfortunate and avoidable violent turn, particularly unsettling and alarming teachers of law, who educate university students on rights, justice, and constitutionalism.

The movement presented a logical demand for reforming the quota scheme in public service. Indeed, the quota scheme needed substantial reform. By substantial, I mean reform that goes beyond merely adjusting percentages. Amidst the overwhelming loss of lives, disproportionate and reckless use of force, condemnable violence against police personnel, jailbreaks, and the mindless destruction caused by vested interests to public properties and national establishments, it was understandably not possible to delve into the substance of quota reform. However, while we may now breathe a sigh of relief, it is crucial to reflect on how differently things could have unfolded if the state had engaged in dialogue with the protesting students early on. Even regarding the strategic mayhem apparently orchestrated by third-party political and/or extremist elements, we cannot overlook the state's accountability for failing to ensure the student movement did not descend into violence or become exploited (for example, by not gathering and utilizing necessary security intelligence or not implementing preventive and countermeasures early on).

One might argue that I am placing an overly daunting burden on the state and that the students should have shown "maturity" and articulated their demands appropriately. Interestingly, state officials argue that the protesting students, including women, did not want quotas for women. However, we must remember the legal, normative, and epistemic authority that the state holds over us—the governed.

This piece may seem pedantic at this point. However, as a feminist who deeply cares about substantive equality, I must emphasize that if things had unfolded differently, the quota percentages could have been specified based on data-driven grassroots evidence of substantive inequalities and statistical analyses of marginalized communities. As it stands, we (the state as a whole) lost the moral high ground to negotiate with the protesting students.