Reservations and Muslims

When our Constitution was framed,the framers of the constitution made a special provision with intention to provide equal opportunity in the public employment to all the citizens. The same was inserted in the Article15(4) and Article 16(4).

Article 15(4): Empowers the State to make "any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes"

Article 16(4) : Empowers the State to make "any provision for the reservation in appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State".

Historical Background:

• The ‘Minority Report’ presented by Sardar Vallabhbhai Patel in the then Constituent Assembly on August 18, 1947, on reservation was proposed for Muslims, Christians and Scheduled Castes across the country. However, the recommendations were amended later by removing Muslims and Christians from the list of beneficiaries.

• The then Govt of the AP constituted Backward class commission headed by KN Anantharaman in 1970 to identify the different categories of OBC and to recommend reservation of seats both in professional colleges and in govt services. The committee came out with following recommendations of reservations.

 BC - A [Nomadic Tribes] = 7%
 BC - B [Rural Professional Groups] = 13%
 BC - C [Harijan Converts] = 1%
 BC - D [Other Classes] = 9%

But the Govt of AP accepted recommendations with some changes in it. It gave

 BC - A = 7%
 BC - B = 10%
 BC - C = 1%
 BC - D = 7%

• In 1982, The Govt of AP appointed one man commission,known as Muralidhar Rao Commission to review the recommendations made by AP Backward Class commission 1970.

The commission made the following recommendations.

i) To enhance the quota of reservations from 25% to 44%

 BC - A = 10%
 BC - B = 16%
 BC - C = 8%
 BC - D = 8%
 BC - E = 2%
ii) The reservations so provided shall be in force for 25 years.
The Govt accepted the commission's recommendations but it was followed by several agitations across the state. However,The AP High Court in V.Narayana Case struck down the recommendations of Muralidhar Rao Commission.

• The President of India under Article 340(1) constituted Second BC Commission in 1979 to "identify the socially or educationally backward". It was headed by B.P. Mandal.

The Mandal Commission adopted various methods and techniques to collect the necessary data and evidence. In order to identify as an "Other Backward Class" ,the commission adopted 11 criteria grouped under social,educational and economic aspects.

But the govt took only 7 criteria

 Social Aspect - 3
 Educational Aspect - 2
 Economical Aspect -1.

It provided 27% reservation to OBCs after going through these aspects.

• The Situation changed when the Rajinder Sachar Committee, appointed in 2005 by Indian Prime Minister Manmohan Singh , was commissioned to prepare a report on the latest social , economic and educational conditions of the Muslim community of India. The committee was headed by former Chief Justice of the Delhi High Court Rajinder Sachar. It was a report with heart breaking facts.The committee prepared a report of 403 pages, and presented in Lok Sabha on 30 November 2006.

According to the Sachar Committee report, some of the major concerns are:

i) The status of Indian Muslims are below the conditions of Scheduled Castes and Scheduled Tribes .
ii) The overall percentage of Muslims in bureaucracy in India is just 2.5% whereas Muslims constitute above 14% of the population of India
iii) The Literacy rate of Muslims in India was 59.1% (2001 census) less than the national average.
iv) The dropout rates of Muslim community is high when compared to other communities.

Conclusion:

So after Sachar Committee report,the pathetic conditions of Muslims brought a nation wide debate. The concept of Social Justice will be achieved with the inclusion of Muslim in the reservation list.

The TRS govt in its election manifesto said that it will provide 12% reservation to Muslims and it consituted G Sudheer Reddy commission. The commission is preparing report. The reservations for the Muslims is the need of the hour.

There will be no real growth & social development without the the uplifting of Muslims in educational & Govt services.
The apex court will be deciding on the status of 4% reservations tomorrow which was pending in SC since 2010 (Civil Appeal No: (a) 2628 - 2637 of 2010 in SLP No 7388 - 97 of 2010, dated. 25/03/2010).

Senior IAS Officer Mr. P.S Krishnan will defend both the govts of Andhra Pradesh & Telangana. Surprisingly the Advocate-General of Telangana is the lawyer of the opposition to oppose the reservation in SC. It is astonishing that KCR is making a promise to provide 12% reservation to Muslims and on the other hand he has appointed a person to the post of Advocate General who is opposed to the reservation policy. This Clearly indicates the dual policy of the govt. Mere giving a Ministerial berth to a Muslim doesn't satisfy the needs and demands of the masses. Let's hope the Governments of the day doesn't betrays the Muslims of both Telugu States.

By Sk. Amer Arafath

The views expressed by the author are those of the author and doesn't reflect the opinion of the organization