--- On Sun, 24/5/09, yogi sikand <[email protected]> wrote:
JUSTICE FOR DALIT MUSLIMS
BY NAUSHAD ANSARI
In response to a Public Interest Litigation (PIL) filed by Akhil Maharashtra
Muslim Khatik Samaj, stating that there were Dalits within Muslim community who
needed reservation and demanded inclusion in the SC list, the Supreme Court has
issued notice to the Centre seeking its reply. Further, the judge referred to
the strict dictates of Quran prohibiting practice of any forms of caste system
within Islam and it asked the petitioner if Islam permitted caste system.
(Times of India, Jan. 26, 2008). This observation of the apex court has
initiated a debate whether there is caste system in Islam or among Muslims? In
the DV of March 1, 2008, the Editor has rightly said that ‘Muslim leaders
should not oppose quota for Backward Muslims’. The current debate on the issue
in the national and Muslim media establishes the DV analysis of castes among
Muslims. All social scientists agree that though there is no caste system as
much in Islam, the Indian Muslim society did develop a hierarchical structure
by characterizing numerous biraderis. The Quran and the Prophet’s sayings are
crystal clear that all human beings are equal; all are brothers and sisters of
each other.
However, some Muslims established superior status for themselves as ashraf or
noble on the basis of their foreign descent, while descendants of indigenous
converts are commonly referred as ajlaf or ‘lowly’. Some Islamic jurists too,
deviating from Islamic teachings, in the name of kufu i.e. parity in marriage
between the parties, legitimize castes.. Even the Muslim law of marriage
recognizes the doctrine of kufu in all vital respects including social status
and descent, which, in India, means nothing but casteism.
The Sachar Committee Report, on the existence of castes among Indian Muslims,
says:
“the present day Muslim society is divided into four major groups (i) the
ashrafs, who trace their origins to foreign lands, (ii) the upper caste Hindus
who converted to Islam, (iii) the middle caste converts whose occupations are
ritually clean, (iv) the converts from the erstwhile Untouchable castes –
Bhangi (scavengers) , Mehtar (sweeper), Chamar (tanner), Halalkhor (Dom) and so
on”. (p. 192) On the level of backwardness, the Sachar report finds that out of
every 100 workers about 11 are Hindu OBCs, three are Muslim-general and only
one is Muslim OBC (p. 209), whereas the population of OBC Muslims is as much as
75% of the total Muslims’ population. Similarly, the Justice Rangnath Misra
Commission finds prevalence of castes among various sections of the Indian
citizenry. It concludes: “The caste is in fact a social phenomenon shared by
almost all Indian communities irrespective
of their religious persuasions”. (Para 16.3)
Historically, a good number of Dalits converted to Islam. But after conversion
their socio-economic status remained impoverished, backward and downtrodden. By
joining the fold of Islam they did not get such a boost to their talents and
abilities that they could face equal competition with all others. They were
still treated as Untouchables in the society. Most of them continued with their
traditional professions as artisans, peasants and labourers, except when it was
considered impure or unacceptable in Shariah. Nevertheless, of late, some of
these Muslim caste groups got Islamised. They also became organized and given
themselves Muslim nomenclatures. They identified and associated themselves with
Islamic personalities. For example, the butchers designated themselves as
Qureshi; the weavers as Ansari; the tailors as Idrisi; the Bhishtis as Abbasi;
the vegetable vendors as Raeen; the barbers as Salmani; the
carpenters and blacksmiths as Saifi etc.
In a democratic state, each socially identifiable group aspires to see its face
in the development. Millions of Dalit Muslims, who are occupationally akin to
the SCs, demand inclusion in the SC List to enable them to avail the benefits
of reservation.
SHAHABUDDIN OPPOSITION
However, on this issue Muslim leaders are divided. One group demands
reservation for the Muslims as a whole. They argue that the constitution talks
about protective discrimination in the context of class not caste.
Syed Shahabuddin, ex-MP says: “if caste can be interpreted as class, why not
religion; that all Muslims are, socially and educationally, marginalized and
deprived”.
Taking same line, Dr. Abdul Haque Ansari, ex-President of Jamate-Islami, in his
presidential address to the workshop on Sachar Committee Report, called the
categorization of Muslim as ‘bad in taste’. He questions: ‘if the entire
community stands as backward class, where does the question of other
categorization on caste line arise?’
Jamia Nizamia of Andhra Pradesh had issued a fatwa against state govt. move to
provide reservations for Muslims on the lines of castes. However most of the
prominent ulema of the country, cutting across the lines of sects and
organisations, had sharply reacted against the fatwa. Maulana Syed Ahmed
Bukhari of Jama Masjid, Delhi, had declared that the fatwa will harm the
interest of the community.
IMTIAZ AHMED SUPPORT
The other group demands caste-based reservation as given in the Indian
constitution. According to Kumar Suresh Singh Report of SCs, there are some 35
Muslim castes that have SC background and engage in occupations traditionally
associated with SCs. They demand that Muslim SCs be included in the SC
category. Their major arguments are that according to the Indian constitution
religion-based reservation is invalid; that if the reservation will be given to
all Muslims, the ashraf, who have historically been forward in all aspects,
will corner the benefits of reservation; that if for endogamy and khilafat
purpose caste could be criteria, why not for reservation also; that if Hindu,
Sikh and Budhist SCs can be given reservation, why not Muslim SCs? Advocating
this idea Professor Imtiaz Ahmed of JNU says that ‘en bloc reservation of
Muslims is not a viable idea. Inclusion of Muslim Dalits as OBCs and MBCs makes
the
most sense’.
They also argue that all Muslims are equally deprived is incorrect. True, by
and large, Muslims are deprived and face discrimination, but within the
community backward Muslims, including Muslim SCs, are more under-privileged
than ashraf Muslims.
The Sachar Reports says:
‘the incidence of poverty is highest among Muslim-OBC (38%) followed by Muslim
General (35%)… Overall, the conditions of Muslim-OBCs are worse than those of
Muslim-General …Within the Muslim community a larger percentage of Muslim OBCs
fall in low income category as compared to Muslim-General…Within Muslims,
Muslim-OBCs are slightly lagging behind the Muslim-General in high income
group.’
In its recommendation the report says: “Being at the bottom of the Social
hierarchy, the arzals [SCs] are the worst off and need to be handled
separately. It would be most appropriate if they were absorbed in the SC list
or at least in a separate category”.
PRESIDENTIAL ORDER MISCHIEF
Justice Misra Commission also says that ‘the caste system should be recognized
as a general social characteristic of the Indian society as a whole, without
questioning whether the philosophy and teachings of any particular religion
recognize it or no”. It further recommends that ‘Para 3 of the Constitution
(Scheduled Castes) Order 1950 should be wholly deleted by appropriate action so
as to completely de-link the Scheduled Caste status from religion’. The denial
of reservation to Dalit Muslims by the Presidential Order of 1950 appeared to
be with an eye on the balance of power which is tilted in favour of Hindus.
Hence, the required amendment will be a step towards secularism.
CASTE IS CLASS
The Constitution prohibits any discrimination between the citizens. Hence, any
religion-based discrimination conflicts with the letter and spirit of the
provisions. In the famous Indra Sawhney Case the Supreme Court had decided that
‘a caste can be and quite often is a social class in India’. Further it
conceptualizes: ‘If it is backward socially, it would be a backward class for
the purpose of Article 16(4). Among non-Hindus, there are several occupational
groups, sects and denominations, which for historical reasons are socially
backward. They too represent backward social collectives for the purpose of
Article 16(4) Identification of the backward classes can certainly be done with
reference to castes among, and along with, other occupational groups, classes
and section of people. (AIR 582 SC 1993). Reservation in public employment is
specifically covered by Article 16(4) of the Constitution, for any backward
class
of citizens, which are not adequately represented in the services under the
State.
Hence, it is expected that the Supreme Court would analyze the issue of
reservation of Dalit Muslims keeping in mind the context of Indian
Constitution, findings of various commissions and social realities.
Meanwhile, instead of shoving the issue of reservation for backward/Dalit
Muslims under the carpet it is the duty of our ulema and community leaders to
realise that this group needs special attention and there should be no
roadblock in the way of their getting fair share, for they are, as suggested by
the Sachar report, ‘cumulatively oppressed’. Repeated appeal to the Muslim
community to maintain unity in the name of Islam, foregoing the constitutional
benefits, will not be a wise idea. May be some day in the future reservations
will be based solely on community’s impoverishment, but until then caste-based
support seems to be perfectly justified. True, the Muslim community must reject
the proposition of fragmentation, but they should apply the same principles of
social justice as much within the community as it demands for itself within the
nation.
--
Posted By Mohammad
Shahanshah Ansari to Indian Dalit Muslims Voice (IDMV) at 5/24/2009 01:50:00 AM
--
Sukhia Sab Sansar Khaye Aur Soye
Dukhia Sahib Kabir Jagey Aur Roye
The world is 'happy', eating and sleeping
The forlorn Kabir Sahib is awake and weeping
Check out my blogs: www.madrasareforms. blogspot. com
www.islampeaceandju stice.blogspot. com
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