Who is Responsible for the Poor Representation of Muslims? -I

Since our independence, the social, economic and educational conditions of Muslims in India have gone down so drastically that now it has come at the level of the Schedule Castes or even below that. In the opinion of the politicians, some individuals or NGOs, the Muslims are themselves responsible for this pathetic condition of the community.  Because, instead of joining the national mainstream and contributing to country’s development so that they could have also shared its benefits, they preferred to remain aloof and secluded.  However, if the sequence of developments after the Partition is analysed minutely, the facts, which emerge, are just opposite to these allegations. Probably every possible effort was made to ensure that the Muslims remain far too behind in every field of progress by officially blocking their entry everywhere, like elected bodies, employments, educational institutions, etc. to name a few. For this hopeless condition of Muslims, the Governments since our independence are solely responsible.

After the partition of the country, most of the elite class of the Muslims migrated to Pakistan for greener pasture. Therefore, the Muslims who did not align with the then Muslim League and preferred to live in India, were not only illiterate and poor but also very depressed, secluded and shattered and their social, educational and economic status was almost at par with the downtrodden like SCs or even worse than them. Their conditions were ideally suited for the application of Articles 14, 15 and 16 of our Constitution, which could have not only worked as a morale booster for them but restored their shattered confidence in the government and their governance after the horrible experience of Partition.

But, this was not done. Instead, insult was added to their injury by forcing them to feel guilty of a sin (partition of the country) which they never committed. Not only this, even the facility of reservation to the Muslim Schedule Castes (SCs)  given by the British through the Government of India Act 1935 along with the Hindu co-professionals, was withdrawn by the President of free India through his Constitution (Scheduled Castes) Order, 1950^[2]. After independence even our Constituent Assembly adopted the said Act without any amendment on November 26, 1949.

It appears that after independence, our Secular Leadership was eagerly waiting for the enforcement of our own constitution so that they can immediately issue the said communal Presidential Order in clear violation of the decision of our Constituent Assembly. That was the beginning of an unending chain of bias and discrimination against the Muslims, and this bias is continuing even today with full vengeance and has left them struggling in the ruins of illiteracy, poverty and hunger.

Though Muslims are underrepresented everywhere except in jails where they are far too ahead of the proportion of their population. They have been there for years and in most of the cases, their trial has not even begun or is at a very primary stage. In majority of the cases, the courts did not find substantial evidence against them and they were acquitted but after years of illegal detention as was confirmed by a People’s Tribunal consisting of eminent personalities of national and international fame which heard the testimonies of Muslims accused of terrorism over the last two years in Hyderabad from August 22-24, 2008. How will the victims and their families be compensated for the illegal action committed against them by the Government agencies?

However, just as a sample survey, if the reasons for the poor representation of Muslims are analysed only at three places, viz.  elected bodies, employment and education and its history is traced since 1947, one will get a fair idea of the conspiracy hatched against the Muslims to block every path of progress for them.

1. 1.       ELECTED BODIES

The Parliament election is over, and there has been a lot of hype from various corners regarding the very low representation of Muslims in the Parliament. It is being argued that there are 543 seats in Parliament and according to 2001 census; the Muslim population in the country is 13.4% therefore the number of Muslims in Parliament should have been 13.4% of 543 = 72.76 say 73. However, the actual number of Muslims in Parliament after 2009 election is 30 (41%) only and thus a short fall of 43 seats.

During the arguments for this shortfall, many reasons like lack of genuine leadership among them, lack of unity and division of their votes, illiteracy and ignorance about the duties and rights in democratic system, etc. are mentioned. But, apart from others factors, one of the main reasons responsible for this shortfall is the issuance of two Presidential Orders: The Constitution (Scheduled Castes) Order, 1950^[2] and The Constitution (Scheduled Tribes) Order, 1950^[3] by the President of India under Article 341 of our Constitution.

While the Constitution (Scheduled Castes) Order, 1950^[2], issued in criminal violation of our Secular Constitution, restricted the facility of reservation to the followers of Hindu religion only, the Constitution (Scheduled Tribes) Order, 1950^[3] provided the facility of reservation for the Scheduled Tribes, which is almost non-existent among Muslims except in some remote corners in the country like Lakshdweep. Since the Constitution (Scheduled Castes) Order, 1950^[2] deprived the Schedule Castes (SCs) of every religion except Hinduism from the benefits of Reservation, there were strong reactions against this injustice all over the country. While Sikhs and Buddhists reacted ferociously against the Orders, the Muslims were a very subdued lot due to the devastating effects of the Partition.

The strong resentment and violent protests by the Sikhs and Buddhists forced the Government to modify the aforesaid Presidential Order. While the Sikhs were restored in the list of SCs in the year 1956, the Buddhists were included in 1990. However, the discrimination on religious grounds under Article 341 of our Constitution still continues due to non-inclusion of Dalits professing Islam and Christianity in the list of SCs even though 60 long years have passed.

The Muslim STs constitute only 0.25% of total STs Population in the country and most of them are inhabitants of Lakshdweep. As per the 2001 Census, the SCs (Scheduled Castes also known as Dalits) and STs (Scheduled Tribes also known as Adivasis) together comprise over 24% of India’s population (SCs over 16% and STs over 8%).  Thus out of total reservation of around 24% for SCs and STs in the country, at present the Muslims who are constitutionally entitled to get the benefit of reservation is not even 0.1%, which is as good as none. Ironically, while Hindus, Sikhs and Buddhists can constitutionally try for 100% (General + SCs + STs) seats/vacancies, Muslims are entitled for 76% (General + Non-existent STs) only. Thus after the aforesaid Presidential Orders of 1950 and their amendments, the seats available for various categories in Parliament and Legislative Assemblies have been produced in the Table 1—

                                                               Table 1 

Abstract of seats in Parliament and Legislative Assemblies

(Source- Website of Election Commission of India)

Explanatory Note

I.     Parliament  

a.   Muslims and Christians both are barred from contesting all the 84 seats reserved for SCs.

b.   Muslims cannot contest against 46 seats reserved for STs because of almost non-existent STs among them. They can contest only one seat (Lakshdweep) out of the total 47 reserved for STs.

c.   Thus, Muslims can contest for only 413 (76%) seats against a total strength of 543 seats.

II.   Legislative Assemblies

a.   Muslims and Christians both are barred from contesting all the 672 seats reserved for SCs.

b.   Muslims cannot contest against almost all the 555 seats reserved for STs because of almost non-existent STs among them.

c.   Thus, Muslims can contest for only 2893 (70%) seats against a total combined strength of 4109 seats of all the Legislative Assemblies in the country.

 (to be concluded)