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From: Administrator-IDMV <[email protected]>
Date: Apr 8, 2010 10:35 PM
Subject: A NOTE FOR POLITICAL AND ECONOMIC EMPOWERMENT OF BACKWARD MUSLIMS
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 *URL:
http://www.pasmandamuslims.com/2010/04/note-for-political-and-economic.html*

BY ANIS ANSARI, IAS (R)


<http://4.bp.blogspot.com/_js--bpISygk/S74KaAGfdwI/AAAAAAAAApI/HiRwma1pQZU/s1600/anis+ansari.jpg>This
note pleads: (1) Clause (3) of Constitution (Scheduled Castes) Order 1950
must be deleted in order to abolish religious discrimination against Muslim
and Christian Dalits, (2) All the groups of Muslims and Christians which
traditionally share the professions which are carried on by Hindu, Sikh or
Buddhist Scheduled Castes must be treated at par with their counterpart
Hindu Schedule Castes. (3) No reservation should be extended to all the
Muslims just as it should not be extended to all the Hindus. Reservation
benefits must be restricted only to socially and educationally backward
classes of Muslims and Christians. (4) No division of OBC quota of 27%
should be done on religious basis. However mechanisms should be made to
ensure that Muslim OBCs get proportionate benefits in OBC quota. (5) To
ensure that Muslim OBCs get their due share, Bihar model can be adopted
wherein Muslim OBCs are grouped with most backward Hindu groups. (6) To
ensure social and educational development of OBCs , on the pattern of
Special Component Plan for Schedule Caste and Schedule Tribes, 27% of Plan
Budget should be earmarked for OBCs which will benefit Muslim OBCs also.

The root cause of decline of Muslims in India after independence is their
under-representation in the political institutions and bodies of governance
such as Parliament, Assemblies, Govts. and Panchayats etc. To rectify this
situation, following suggestions are made:-

1. Clause (3) of Constitution (Scheduled Castes) Order 1950 makes it
obligatory that a member of Schedule Castes as listed under Article 341 of
Constitution must be a Hindu, a Sikh or a neo-Buddhist. This clause bars
Muslim and Christian dalits from sharing the benefits of reservation policy
both at the Central and the State levels. Specially, this clause results in
making Muslim and Christian dalits ineligible for contesting on the seats
reserved in Parliament and Assemblies for Schedule Castes. Out of 119 seats
reserved in Parliament for Schedule Castes, 36 reserved seats have
substantial or majority Muslim population. Similarly, about 200 reserved
Assembly seats would have similar population share of Muslims in them. Thus,
if clause (3) were deleted, Muslims can almost double their representation
in Parliament from the present level of 28 MPs to 28+36=64 MPs. Their
representation in Assemblies too can increase by additional 200 seats.
Muslims constitute more than 15% of the total population in the country. In
the Indian Parliament having about 550 seats, Muslims' share should not be
less than 15% of 550 MP seats i.e. more than 80 seats.

This enhanced level of representation of Muslims in Parliament and
Assemblies can be secured without any constitutional amendment. The
Constitution (Scheduled Castes) Order of 1950 is an executive proclamation
issued by President of India but approved by Parliament. Clause (3) of this
Order can be deleted by a simple majority in Parliament.

Clause (3) of the above Order is plainly arbitrary, unconstitutional and
unfair. This view has been taken by Rangnath Mishra Commission which was set
up by Congress Government at the Centre. The demand for the deletion of
clause (3) is based on the very sound principle of Indian Constitution that
no citizen can be discriminated against on the basis of religion, race,
caste and sex etc. This clause discriminates against Muslim and Christian
dalits on the basis of their religion in as much as members of Hindu, Sikh
and Buddhist Schedule Castes obtain benefits of reservation in different
fields but Muslim and Christian dalits carrying on the same traditional,
caste occupations such as washer-men (Dhobi) Sweepers (Lal Begis) Nat etc.
are denied these benefits just because they follow Islam or Christianity.

2. Steps should be taken to abolish clause (3) of this Order and to include
all those groups of Dalit Muslims and Christians as Scheduled Castes whose
traditional occupations correspond to those carried on by Hindu, Sikh or
Buddhist Schedule Castes. To illustrate, Muslim butchers, weavers, sweepers,
vegetable seller etc. must not be treated differently from the same groups
of people in Hindu, Sikh and Buddhist communities. Rangnath Mishra
Commission made this recommendation very clearly. If the Indian society
desires that Muslim poor should participate equally in the development of
the country the above religious discrimination must be ended up forthwith.

3. A few Muslims are demanding reservation for all the Muslims. Muslims
should be well advised not to press for this demand and Indian society
should be wise enough to reject their demand outright. Under Article 15(3)
of the constitution, State can make special provisions for socially and
educationally background classes of citizens for educational purposes. Under
Article 16(4) backward classes of citizens who are inadequately represented
in public employment can be given reservation. Under the Indian Constitution
all the Hindus cannot be given reservation because not all the Hindus belong
to socially and educationally backward classes of citizens. If all the
Hindus, who are 82% of the Indian population, per se cannot get reservation,
how can all the Muslims be given reservation while they are only 15% of the
population. It will be untrue to claim that all the Muslims of the country
are socially and educationally backward. Attempt should be made to pick out
those sections of Muslims and Christians who are socially and educationally
backward and only they should be brought under the reservation safety net.
This proposition, besides being unassailable under the Constitution, is also
a non-communal approach to mitigating the under-representation of Muslim
poor in the structure of governance. Any effort to raise a communal demand
will ultimately be misused by the communal forces against Muslims presently
lying low. Both before and after the partition of the country, Indian
Muslims were damaged due to communal strategies adopted by the leaders.
Present and future generations of Muslim must reject any communal strategy
for improving their lot in the country.

Pursuing a non-communal approach would be more beneficial to the Muslims for
two reasons. Muslims are only about 15% in the country. If they want their
voice to be heard they must build up bridges of amity and goodwill with
Hindus and other communities to obtain support of atleast 51% of the
population. Secondly, Prophet Mohammad observed that love of the country is
part of the faith of Muslims. Thus, it is a religions duty of Muslims to
have amicable relations with the countrymen of other religions also in order
to be good practicing Muslims.

4. In some quarters, a suggestion has been made that out of 27% quota
reserved for other backward classes (OBCs), about 1/3 of 27% i.e. 9% quota
should be created for Muslims. This is also not a wise suggestion. This
suggestion implies that all the Muslims should get benefits of reservation
even if they do not belong to socially and educationally backward classes of
the society. It has already been clarified in the beginning that like all
Hindus all Muslims cannot claim and should not be given the benefits of
reservation.

5. Sometimes it is suggested that about one third of 27% i.e. 9% quota may
be reserved for Muslim OBCs. Rangnath Mishra Commission has recommended that
out of 27% reservation for OBCs, 6% should be reserved for Muslim OBCs In
the long run, this suggestion will also damage Muslim poor because this
suggestion amounts to separating Muslim OBCs from Hindu OBCs on religious
lines. It is agreed that Muslim OBCs so far have not been able to secure
even 1/3rd out of 27% of jobs reserved for OBCs. But to achieve this
objective, creating a divide among OBCs on the basis of their religion would
be harmful both to the Muslim OBCs and to the OBCs in general. Muslim OBCs
and Hindu OBCs combined can fight out the ill-effects of social downgrading
inflicted by casteist groups more effectively by working together rather
than working separately as Muslim OBCs and Hindu OBCs.

6. A better strategy to ensure Muslim OBCs get their due share would be to
adopt Bihar model. In Bihar, OBCs have been divided into 2 groups :
Backwards and Most Backwards. Most Backwards include Muslim OBCs also. Most
Backwards get higher quota than Backwards. This is a non-communal approach
which will be more beneficial to the Muslim OBCs.

7. To ensure social and economic development of members of Schedule Caste &
Schedule Tribes Government of India earmarks about 21% of Plan Budget as
Special Component Plan every year. This amount is utilized for construction
of pakka roads, school buildings, power, hand pumps, drainage, centres of
public health and scholarship etc. for the areas pre dominated by these
communities. If a similar provision is made for OBCs by earmarking 27% Plan
funds, it will benefit Muslim poor in a big way. Roughly speaking every year
2.5 lakh crores are budgeted as plan expenditure in the country. 27% of this
amount (Rs. 67,500 crores) is a big amount. Even if one third of this amount
reaches Muslim OBCs, every year about Rs. 22,500 crores would be available
for improving their condition. One important aspect of this suggestion is
that as this demand is based purely on social and educational backwardness
of the OBCs, any effort to give it a communal colour is likely to fail. Even
small segment of those persons who keep raising artificially the issue of
appeasement of Muslims would not be able to come out against this demand
because this demand is in favour of more than half of India’s population
which is included in OBC category. In a democratic set up to oppose more
than half the population would be like hitting oneself with one’s axe.

[The author is the convener of Muslim Dalit Reservation Movement (MDRM). He
is based in Lucknow (UP) and can be reached at [email protected] or on
phone number 91-522-2236192]


*Thanks & Regards,*
Pasmanda Muslim Forum
www.pasmandamuslims.com

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