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

While selecting the constituencies to declare them general or reserved, it appears that the Population of Muslims in that constituency was one of the main criteria. Because the constituencies having substantial number of Muslims but nominal SCs population, were reserved for SCs and the constituencies having substantial number of SCs but low Muslim population were declared un-reserved. Here is an observation from the Sachar Committee Report:

“Data relating to the reserved constituencies for the SC candidates in three states of Uttar Pradesh, Bihar and West Bengal was analysed by the Committee (Appendix Table 2.2). These states have a relatively large share of the Muslim population in India. The data shows that constituencies which have been declared reserved for SCs by the Delimitation Commission in these three states are by and large those constituencies where Muslims live in greater numbers often more than 50 per cent as well as their proportion in the population is higher than that of SCs. On the other hand, there are quite a large number of other constituencies within the respective states, where the share of SCs is large, often closer to or even more than one half but these are declared as ‘un-reserved’. Arguably, this can be seen as discriminatory and certainly reduces the opportunities that Muslims have to get elected to democratic institutions (pg 25).”     

Some Facts from Appendix Table  2.2

(Page 269 & 270 of PMHL Sachar Committee Report)

Sources: 1. Election Commission of India, 2004    2. Census of India, 2001

Reserved Assembly Constituencies

Un-Reserved Assembly Constituencies

1. 2.  Employments

(Source – Page 165,167,168,172,173 of Sachar Committee Report)  

i.    IAS                                                   3%      

ii.   IFS                                                   1.8%

iii.  IPS                                                   4%

iv. Indian Railways                          4.5 %

[almost all (98.7%) of them are positioned at lower levels]

v.   Security agencies        4%

vi.   Education Department            6.5%

vii.  Home Department                    7.5%

viii. Constables                                  6%

ix.       Health Department               4.4%

3.   Education

a.  In the premier colleges of the country   (Pg 69)

i. Under-Graduate                    4%        only one out of the 25 students

ii. Post-Graduate                      2%      only one out of the 50 students

b.  In the Professionals Institutions             (Pg 68 – 69)

i. IIMs                                       1.3%

ii. IITs                                        3.3%

The discriminatory attitude of the governments since our independence has developed a bitter feeling among the Muslims that while other communities get jobs and other beneficial schemes in various ways like economic aids, developmental projects, reservations, etc., Muslims get destructions and Inquiry Commissions and Committees. Since 1955 many commissions such as Kaka Kalelkar, Minorities Commission, Gopal Singh Committee, Mandal Commission, Sachar Committee and latest Justice Ranganath Misra Commission have recommended to extend SC status to all, irrespective of their religion but belonging to same profession.

Perhaps, deliberately a misunderstanding was spread in public that, for including the Muslims and Christians in SCs, the Article 341 of our Constitution will have to be amended. It is totally wrong because there is no such necessity, instead, this can easily be done by simply withdrawing or amending the Constitution (Scheduled Castes) Order, 1950^[2] which in turn can be achieved by getting the approval of Parliament with Simple Majority, as was done in the case of the Sikhs in 1956 and Buddhists in 1990. Ironically, similar discrimination existed even among STs and OBCs and no one except Hindus were eligible to get the benefit of reservation under STs and OBCs. However, the Government issued its Resolution No. CBC- 1058/E dt 14th May, 1958 for STs and an amendment for OBCs to extend the benefit of Reservation to STs and OBCs belonging to every religion of the country.

Apart from above, some of the landmark judgments, important recommendations and memorandums to include persons belonging to every religion in the list of SCs are mentioned below:

I.Supreme court AIR 1992: 8 out of 9-judge bench said that “Change of Religion does not change the caste”.

II.  The Govt. of India Act. 1935 in scheduled 1st on Serial no. 25 clarified the meaning of scheduled castes in which religion of the person was immaterial.  “The Scheduled Castes” means such castes, races or tribes or 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”.

III.   The National Commission for SC/STs in its Report (Vol.1, June 14, 1983, Para 13) had strongly recommended that recognition of Dalit converts as scheduled castes be accepted.

IV.   The parliamentary forum of SCs/STs on June 17, 1992 passed resolutions to extend reservation to all Dalits. A memorandum signed by about 200 MPs was given to the then Prime Minister Shri. P.V. Narasimha Rao. Another Memorandum signed by 325 MPs was submitted to The Prime Minister in May 1995. In all at least 500 MPs have signed in one or other memorandum to the PM on this issue.

V. The Supreme Court verdict on 4/9/2007 for 50% reservation ceiling and handicapped quota, the Bench comprising Justice S.B. Sinha and Justice H.S. Bedi mentioned that reservation might remain among the caste lines drawn by Mandal Commission.
The basic idea of reservation for weaker section and depressed classes among Indian citizens was to uplift these people Socially, Economically and Educationally for the sake of their development so that they can achieve not only prosperity but social status also. The special provisions available to the Government as an exemption to Equality before Law were only to uplift the Dalits or oppressed classes and for their advancement only, but the Government used this special provision to suppress and oppress a particular class of Dalit citizens professing the faith, other than Hinduism (later on Sikhs and Buddha added). Since our independence, enormous damage has already been done to Muslim community by every Government due to their biased attitudes and the step-motherly treatments. The discriminatory actions of Governments have brought almost entire Muslim community at the level of Scheduled Castes or even below them has created a big national problem by leaving a huge Muslim population in the darkness of economic, social and educational backwardness and no country can ever hope to progress if it leaves behind more than 150 million of its population in the ruins of illiteracy, poverty and hunger.

Justice demands that following actions should be taken on top priority basis to check further damage to the already hapless condition of Muslims in the country. It will not only rebuild their confidence in our governments and their governance but will also enhance the credibility of our democratic system.

1) Implement all the recommendations of Sachar Committee and Rangnath Misra Commission without any further delay and withdraw every discriminatory order issued in utter violation of the Constitution of India.

2)  The Presidential Orders of 1950 under Article 341 of the Constitution, apart from spoiling the secular credentials of our country, may prove dangerous for the national unity and integrity, because –

 a. While it authorises the Hindus, Sikhs and Buddhists (HSBs) to try/compete against 100% (General + SCs + STs) seats/vacancies, it forces the entire Muslim community to compete against 76% (General + non-existent STs) seats/vacancies only and that too against the Upper Caste HSBs whose economic, educational and social status is far more superior to Muslims in general. Either withdraw these Presidential Orders or allow the entire Muslim community to compete as a single unit of casteless community against 100% vacancies/seats.

b. It is a criminal violation of our the Constitution.

 i.   Article 14: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

ii.    Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

iii.  Article 16: Equality of opportunity in matters of public employment.

 Withdraw these communal Presidential Orders and Ensure strict adherence to our Secular Constitution.   

3)   Every government since our independence is equally responsible for the pitiable condition of Muslims in the country and their overall pathetic condition is a fit case for providing reservation to entire Muslim community under the provisions of Articles 15 Clause (4) and Article 16 Clause (4) of the Constitution. This will be the best way for the government to compensate Muslims for the injustice done against them in utter violation of the Constitution.

  i. Article 15 Clause(4): Nothing in this article or in clause (2) or article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

ii.   Article 16 Clause (4): Nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

4)      All the minorities should be brought under the umbrella of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This will not only create confidence in them but will also be very effective in containing the communal riots which mostly start with provocations and bias or discriminations.

(concluded)