Ram Puniyani
After Supreme Court Bench had
expressed unhappiness about the ways in which the Muslim sub Quota was created
last December, the Government has been trying to submit the necessary data.
Supreme Court wanted Centre to explain the basis of the move to reserve this
4.5% for the Muslims. With due support from relevant studies and documents Govt
is trying to put forward the justification for its move. This Supreme Court
verdict was in the backdrop of Andhra High Court decision to quash the minority
sub quota. (June 2012) Andhra High Court had raised the point that the
reservation on the basis of religion is unconstitutional. It is a strange
reading of the constitution. The spirit of the constitution is that there shall
be no discrimination on the basis of caste, religion or class. However, if
certain communities suffer social discrimination and deprivation, the
Constitution provides reservation as an instrument to neutralize the prevalent
social disparities.
Bharatiya Janata Party (BJP), as
per its anti minority and anti reservation stance welcomed the Supreme Court's
refusal to stay Andhra Pradesh High Court's decision quashing the minority
sub-quota. Its spokesperson also charged the Congress-led government with
having a communal agenda and going in for "vote-bank politics". The
implications of this understanding mean that the prevalent disparities should
continue. BJP’s goal is not a society based on equity and justice as it is
guided by ‘religion based nationalism’. Some others pointed out that the ruling
party Congress, as such does not want the quota for Muslims in the real sense.
This perception comes because Congress party does show a lack of will power in
the direction of affirmative action for weaker sections of society as a whole
and about Minorities in particular.
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| http://www.indianmuslimobserver.com |
As such Constitution does allow
quota to educationally and economically backward classes. Today Muslims are
educationally and economically very backward community in India . Its
educational backwardness has been repeatedly pointed out by HRD ministry and
Home Ministry in their reports for a long time. And the economic condition has
been highlighted by Sachar Committee (2006) and Rangnath Misra Commission(2007). In this light how can the sound legal case be made to actualize the
social and political need of our society to get economic justice to minorities,
is a challenge for the Government.
Congress Government started
taking this issue seriously and overtly from the time of UP assembly elections
2012. It promised for this 4.5% reservation for Muslims. As this promise came
in the wake of the forthcoming assembly election, it sounded like one more
election gimmick. As such we are riddled in a society where the affirmative
action for the weaker sections of society is a must. Already we have the reservation
for SC, ST and OBC. The reservation policy was all through opposed by BJP
saying that reservation undermines merit. We are living in a society where
merit has been successfully bypassed by the power of money. Capitation fees,
buying seat in professional colleges with money is a big business. This has
bypassed the ‘merit’ in a very direct way. Merit is also influenced by the
social-economic inequalities, which is the major cause of backwardness of some
sections of society. There have been agitations time and again which have tried
to oppose the reservation for the weaker sections of society.
There are many issues involved
here. The major issue is the principle that that the reservation should not be
based on the grounds of religion. This point is well taken and here the issue
is that this section of Muslims, which is backward economically and socially,
is being considered for its backwardness not for its religion. To put it the
other way around, can a religious community deprived of the constitutional
provision of reservation just because it belongs to a particular religion? That
will become a discrimination of grossest variety. All Muslims are not being
considered for this provision, only OBC Muslims are being thought of. There was
a time when section of Muslim Ulema claimed that this reservation is invalid as
Islam does not permit caste system, it does not have caste system. Very true,
theologically Islam does not have caste system, but caste system amongst the
Muslim community is a social reality, confirmed time and over again and
recognized by different commissions. The technical point that this quota should
be approved by Commission for Other Backward caste is valid and Government has
to go through this procedure.
The Supreme Court query about the
ground for justification for this quota needs to be answered. Already Sachar
Committee and Rangnath Mishra Commission have done a meticulous job and we need
to stick to those findings and Government needs to argue the case on that
basis. It has to judiciously use the data of these two reports to make the case
for reservation. Why 4.5% is being asked for? Mishra Commission recommends
8.4%. These matters are related to proportions and the quota is necessarily in
proportion to the population and the quota meant for it. For 52% of OBC, 27% of
Quota was fixed. So now it is within this segment that the sub quota is to be
created.
Other matching action which is
needed is in the electoral arena. We have been seeing that the representation
of Muslims is constantly declining in our Parliament and assemblies. Before
independence the separate electorate had created havoc and was also the
foundation of divisiveness and the tragic partition of the country. That is
ruled out lock stock and barrel. The appeal to the political parties to give
more number of seats to minorities is dodgy and has not worked. We can think of
reserved constituencies for minorities. We cannot have lop-sided representation
system. We have to create a future where we rise above these considerations,
but at the moment such actions have to be part of our policy making. Needless
to say ‘Equal Opportunity Commission’ has no substitute and we must intensify
our efforts in that direction not only for Minorities but also for other
disadvantaged sections of society.
The biggest hurdle to these
policies related to quotas is the opposition to these policies from communal
parties. The communal parties interpret and propagate about affirmative action
in a twisted way. They keep on harping that these actions tantamount either
appeasement of minorities or it is a way of practicing communalism. This is
like putting the reality upside down. Desire for equality also needs to
consider the causes of inequality and to overcome them through all means. These
measures must be interim in nature, with a resolve to build the nation where
religion and caste are not the factors retarding the growth of the community.
The attempt of to polarize communities along religious lines, on these issues
needs to be countered and the path of a just society laid down through social
initiatives and administration support of the democratic Government.
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