Muslim Reservation How to solve the issues within the issue?

Muslim Reservation

How to solve the issues within the issue?

Presented by

E. M. Abdul Rahman

Chairman, Popular Front of India

The right to reservation enshrined as a fundamental right in the constitution of India [Articles 15 (4) and 16(4)] is under threat not only from the upper caste dominated political system, but even from the judiciary. As an outcome of the political empowerment to backward classes, all political parties including the so called ‘national parties’ under compulsion have made certain changes in their policies in favour of quota reservation.   The implementation of OBC reservation in central government services and the recent introduction of OBC reservation in institutions of higher learning are clear illustrations of this political compulsion.

But it is our experience that when the ground is set ready for legislations favourable to weaker sections and minorities, the courts intervene to defeat the political will and people’s aspiration for social justice. The denial of reservation rights to a vast majority among OBCs in the name of eliminating creamy layer while implementing Mandal Commission recommendations and the recent the objections to the Andhra Pradesh legislation on Muslim reservation are clear cases of reactionary judicial intervention.

The Sachar Committee Report has brought to the forefront, the discussions on the Muslim backwardness and the possible ways and means to redress the same. While appreciating the efforts put by the Committee in collecting and organizing the various data which categorically proves the depth of Muslim backwardness in every aspect of socio-political life, it is sad to note that the committee has failed to recommend the most required steps for the removal of the same. The recommendations, rather observations made by the Committee are really disappointing in the sense that it has not honestly addressed the issue of reservation which is the constitutional remedy to fulfill representative democracy. The Committee rightly proves that compared to any other socio-religious category Muslims are in the lowest ladder in education as well as employment, and in many aspects their plight is more pitiable than that of dalits who the scheduled castes are.

The Sachar Committee has categorized the Muslim community in to three groups: Ashraf and Ajlaf on the primary level and the Arzal within the Ajlaf. Though this compartmentalization is not evident or is even imaginary in certain states especially in the south, it is a live fact that Muslims are discriminating among themselves on hereditary occupation basis in many parts of India.

The Report classifies and then compares the Muslim case with the Hindu categories as follows:

1. Ashraf – Who are forward among Muslims, who are now in the non-OBC group and who are now not entitled to get reservation. But their present representation is not on equal footing with the non-OBC Hindu casts. Not surprising. But the surprising fact is that Hindu OBC casts who enjoys reservation now is far better placed than these so called ‘forward Muslims’ in all facets of social life and political system. As estimated in the Sachar Report, these ‘privileged’ non-OBC Muslims constitute 59.3% of total Muslim population across the country. The Sachar Committee got the ‘sach’ or truth buried without recommending any measures to remove this anomaly. Their right to be treated on par with Hindu OBCs who are more advanced than non OBC Muslims is ignored in the Report. Indeed a great betrayal.

2. Ajlaf – They are the Muslim OBC groups now included in the central and state lists of communities eligible for quota reservation. Arzal also come under the category of OBC as per present statutes and notifications. With the exception of Kerala and Karnataka where all Muslims find a place in the state list of OBCs, only certain occupational groups are treated as OBCs. Sad to say, here again the Sachar Reports ignores the long pending demand by the Mulsim OBCs to allot special quota for them within OBC quota. A reason for the relative backwardness of Muslim OBCs in comparison with the Hindu OBCs is that the reserved posts in services and the seats in educational institutions are now being monopolized by the forwards among the backwards. Ultimately Muslims candidates are thrown out. The committee is right in praising Kerala-Karnataka model which is characterized by separate Muslim quota within OBC quota (12% in Kerala and 4% in Karnataka). Still the commission kept quiet on recommending the same pattern in the central services and state services.

3. Arzal – Rightly they are in the lowest rug of Muslim social order and discriminated even within the community at least in certain parts of the country. The Sachar report observes that socially they are on the level of Hindu dalits. If this inference of the Committee is honest, they could have recommended the same Scheduled Caste rights now being enjoyed by Hindu dalits to the Arsals also. Unfortunately they do not support the long pending demand for their inclusion under the purview of Article 341 of Indian constitution by means of a presidential decree. This is nothing less than another betrayal of the Sachar Committee.

It is in this context that the Report of the Commission for Religious and Linguistic Minorities (Justice Ranganath Misra Commission) deserves the appreciation of all citizens who are concerned with social justice in India. The Commission have recommended 15% quota reservation to minorities and 10% quota within this for Muslims. Also the report has very strongly voiced for the inclusion of those Muslim categories belonging to the same occupational groups as that of Hindu dalits, under the purview of Article 341 of the constitution. Unfortunately, Muslims who held celebrations all over India on Sachar Report has yet to give more attention to the Misra Commission Report. If solving the problem and not y holding the discussions after discussions on the problem is more important, we have to press Central Government for the implementation of Misra Commission Report.

In this scenario, there must also evolve a consensus among Muslims, irrespective of the categories they belong on the issue of reservation. We must have a comprehensive view taking in to account the relative backwardness of Muslims as a whole with the other socio-religious categories and also addressing relative backwardness of certain Muslim groups in comparison with some other groups within the Muslim community. The demands which conflict each other will only help the communal and casteist forces and anti-Muslim elements in the political system and

administration. It must be remembered that these reactionary forces are against giving reservation to any Muslim, whether it be forward, backward or dalit.  They are

intelligent enough to use one Muslim group against the other and Muslims also must show wisdom to foil their strategy.

The Muslim community must not continue to remain divided in three opposite camps: the camp for total Muslim Reservation, the camp for OBC Muslim Reservation and the camp for Dalit Muslim Reservation. Hence, it is high time that all the Muslims social movements, intellectuals and activists should open their hearts and come to a consensus. The following consensus can be within the Muslim community regarding reservation, which is the key to social justice and equity in the Indian socio-political context.

1. All Muslims all over India must be declared as a Socially and Educationally Backward Class for the purpose of providing reservation in Central Government services and educational institutions.

2. Government India must issue an executive order earmarking 10% quota reservation to Muslims in government jobs and admissions in educational institutions.

3. All States Governments, with the exception of those states where Muslims are already entitled to get reservation, must issue orders earmarking specific quota reservations in the state government services and state educational institutions in proportion to their population share in the state.

4. While appointments and admissions are made under Muslim reservation quota, those Muslim categories that are already in the OBC list have to be given preferential treatment over others.

5. Arzal (the most backward or ‘dalit’ Muslims) must be included under the purview of Article 341 to entitle them to the reservation provisions applicable to SCs.

The casteist and communal forces are making hue and cry that Muslim reservation is religion-based and it will again divide the country. But it is crystal clear that the Muslim reservation of any sort is demanded not because they bear a particular religious faith. Muslim right to reservation is valid because as a socio-religious category they remain backward and under-represented than any other community in this country. Hence people must not get misled by the false propaganda being manufactured in the lie-factories of casteist and communal outfits.