After the final result of Civil Services 2009, there has been a lot of hype from various corners regarding the very low presence of Muslims in the list of selected candidates. It is being argued that against the total 875 (672 General +127 SCs + 76 STs) vacancies, only 21 (2.4%) Muslims were successful while, according to 2001 census; the Muslim population in the country is 13.4%, therefore, this figure should have been around 117 (13.4% of 875). The shortfall of 96 (117-21) is alarmingly low and a matter of grave concern.
During the arguments for this shortfall, the reasons like illiteracy, lack of competitive spirit, suspicion about fairness of selection and fear of failure, etc. are mentioned. However, without denying those, the main reasons responsible for these shortfalls are the two Presidential Orders of 1950 under Article 341 of our Constitution. Barely had the ink of signature of President enforcing the Constitution on January 26, 1950 had dried, the President of Free India, in violation of the Constitution, issued “The Constitution (Scheduled Castes) Order, 1950 and The Constitution (Scheduled Tribes) Order, 1950”, restricting the facilities of reservation under SCs and STs to the followers of Hindu Religion only. However, later on, even the Sikhs and Buddhists were included in the lists.
Initially, all the Dalits known as Shudra, belonged to only one religion. They were kept from the mainstream of the society with the tag of Mlechches or Achhutes. Their total discard from every nook and corner, not only badly affected their Social, Economic and Educational Status (SEES) but also forced them to look for some escape route from such a hostile society. In this scenario, the arrival of other religions which provided right of equality to everyone, brought a welcome relief for them, and a substantial population belonging to this category happily embraced the new religion which suited them the most.
However, the followers of their new religion were in minority and the social setup as a whole was in total control of the majority community which still did not allow them to become part of the mainstream and kept them at bay from all works related with the developments. Therefore, not only their profession but even their Social, Economic and Educational Status remained unchanged. It was only in the background of these facts that the Government of India (Scheduled Castes) Act 1935 was passed by the British which gave the benefit of reservation to everyone, irrespective of their Religion. The Government of India Act 1935 in scheduled 1st on Serial No. 25 clarified the meaning of Scheduled Castes as “The Scheduled Castes” means such castes, races, tribes, parts of, or groups within castes, races or tribes to his majesty in council to correspond to the classes of persons formerly known as “Depressed Classes”.
Our Constituent Assembly adopted this Government of India Act 1935 without any modification. But, within months after our becoming a Republic, the President of Free India, who is constitutionally the Chief Guardian of our Secular Constitution, through his orders of 1950 under Article 341, himself sowed the seeds of communalism in the country by restricting the facility of reservation to SCs and STs belonging to Hindu religion only. However, Sikhs and Buddhists were also included in the list at later stages.
The population of Muslim STs is very small. According to 1991 Census, it is only 0.25% (negligible) of the total ST population of the country and most of them are inhabitants of Lakshadweep. Thus, in 2009 Civil Services competition, while followers of Hindu, Sikh and Buddhist Religions (HSBR) tried against 100% vacancies (672 General +127 SCs + 76 STs), the Muslims could try against 76.8% vacancies (672 General+ non-existing STs) only.
This discrimination against Muslims is not only limited to employment in Government services but is prevalent in every field related with the development and prosperity. Just to quote a few, promotions in Government Services, admissions in Colleges, Universities and prestigious Professional Institutes, Elected Bodies, Scholarships, Educational as well as Industrial Loans. Muslims cannot contest 130 (out of total 543) seats of Parliament and 1,210 (out of combined total strength of 4120) seats of the Legislative Assemblies of the country. Percentage-wise it works out as 24% and 29.4% respectively. Similar condition prevails even in the cases of village Pradhans, Block Development Committee, Zila Panchayats etc. In a recent development in Uttar Pradesh, even the contract of government works has been reserved for the contractors belonging to SCs only. Here again, the obvious losers are the Muslims and Christians
Since 1950, the Governments have followed double standard and discriminatory attitude towards Muslims and Christians. The facility of reservation has been given to the SCs following HSBR, only on Religious grounds but when the SCs following Islam and Christianity demand the same, they are told that ours is a secular country, therefore no reservation can be given on religious grounds. Contrary to Government claims and our Constitution, a person belonging to SCs will get every benefit of reservation till he/she professes HSBR but will be stripped of all the benefits, if he/she converts to Islam or Christianity. Ironically, the Supreme Court has ruled (AIR 1992) that “Change of religion does not change the caste.”
The special provisions available to the Government as an exemption to Equality before Law were only to uplift the Dalits/oppressed Class and for their advancement only, but the Governments used this special provision to suppress and oppress a particular class of Dalits professing the faith, other than HSBR. The lame excuse propagated by the Governments for this injustice is that ‘since there is no untouchability and caste system in Islam, therefore they have not been included in the list of SCs along with their co-professionals following HSBR’. This is a blatant lie, because even among the Hindus, barring some remote areas, there are no untouchables. Moreover, there are no untouchables even in Sikhism and Buddhism; still they are getting the benefit of reservation under SCs.
For the time being, even if we consider that there is no caste system in Islam, it would have been logical to open all the (100%) seats/ vacancies to Muslims so that they could have tried against all of them as followers of Islam only. This action of the Government could have not only been taken as some sort of reward to Muslims for not practising untouchability but would have also motivated others to discard this social evil. But, instead of rewarding, the Government of India penalized the entire Muslim community by classifying the so-called casteless Muslims, as the Upper Castes practising HSBR and forcing the scavengers, shoe menders, washer men practicing Islam to compete against Brahmins, Thakurs, Kurmis, Yadavas, etc. whose SEES was (and is) far more superior not only to Muslims SCs but almost entire Muslims community.
It is true that Islam prohibits untouchability and caste system but the Muslim population of the country is about 20%, therefore, the right of equality for Muslim SCs is restricted to 20% population only, while the rest are treated like their Shudras or SCs.
Though the Constitution has been amended more than hundred times since 1950, the Presidential Order of 1950 was neither withdrawn nor amended. However, as a strategy to garner Muslim sympathy and thus their votes, the politicians cunningly propagate that, ‘our Government is very much willing to include Muslim and Christian SCs in the list of SCs following HSBR. But it is helpless, because to achieve this, the Article 341 of the Constitution will have to be amended with two third majority which we don’t have. However, contrary to the claim of politicians, so far the governments have done everything to deny Muslims and Christians their due in this matter.
According to law, the child born of inter-caste marriage used to belong to SC if either of its parents was from that category. Some three years ago, the Supreme Court ruled that castes in Indian context flow from the father. Therefore, a child of Non-Dalit father cannot be a Dalit and a child of Dalit father and even Non-Dalit mother (read any religion) will be a Dalit. To safeguard the interest of persons practising HSBR and to ensure that Muslims and Christians do not get entry in the list of SCs, the Government of India acted quickly and modified the law as ‘a child will get the benefit of reservation as SCs, if anyone of the parents belongs to SCs and the other parent professes one of the religions which a person belonging to SCs may profess’ i.e. HSBR. It is a blatant lie that for the inclusion of Muslim and Christian SCs in the list of SCs professing HSBR, amendment in Constitution is needed; instead, this can easily be done by getting the approval of Parliament with Simple Majority, as was done in the cases of the Sikhs in 1956 and Buddhists in 1990.
For not including Muslims and Christians in the list of SCs, the only reason propagated by the governments (though false) is presented as the lack of two third majority in Parliament but when it sincerely wants it not only manages the required votes but in brutal violation of every democratic norm, also gets the Members of Rajya Sabha opposing the bill, thrown out of the august house by marshals, as we have recently seen in case of Women’s Reservation Bill.
Another false reason put forward by the Government for denying SC status to Muslims and Christians is propagated as “since the matter is pending for decision in Supreme Court; therefore no action can be taken”. No doubt, a number of Writ Petitions are pending for decision but all of them have the same grievances and common prayers that the Government has provided reservation for SCs professing HSBR only on religious grounds but the Muslims and Christians are being denied the same on the pretext that ours is a secular constitution, therefore no reservation can be granted in the country on religious grounds.
The double standard against Muslims has developed a bitter feeling among them that, while other communities get jobs, economic aids, developmental projects, reservations etc., Muslims get destructions and inquiry commissions. Even after 60 years of injustice and discrimination, the Government is not willing to withdraw these communal Presidential Orders, though the Supreme Court has ruled and the National Commission for SC/STs as well as the parliamentary forum of SC/STs have recommended favourably.
Enough damage has already been done to Muslims and Christians under the cover of these communal Presidential Orders. They have created a huge national problem because not only the Muslims and Christians have been thrown out of the national mainstream but over 200 million citizens of this country have been left alone in the vast desert of poverty to struggle for their survival.
Ironically, similar discrimination existed even in STs and OBCs and none except Hindus were eligible to get the benefit of reservation even under this category. However, the Government amended this through its Resolution No. CBC- 1058/E dated 14th May, 1958 and extended the benefit of Reservation to STs and OBCs belonging to every religion of the country. The same action should immediately be taken for “The Constitution (Scheduled Castes) Order, 1950 also to include the Muslim and Christian SCs in the list of SCs.
The educational social and economic backwardness of the Muslims and Christians should not be taken as the problem of that particular community only but that of the entire nation because no country can ever hope to progress if it leaves behind more than 200 million of its population in the ruins of illiteracy, poverty and hunger.