Muslim Reservation Debate in 1996: Separate Quotas, OBC Representation, Educational Advancement and the Politics of Employment


 

RESERVATION

Association for Promoting Education and Employment of Muslims,

Third National Conference, Hyderabad, 18 August, 1996

Resolution on Reservation, Promotion of Employment wakf Management

 

 

 The Third National Conference of the Association for Promoting Education and Employment of Muslims, held at Hyderabad, 18 August 1996, Thanks the Minister of Welfare for his address to the Conference and for adopting a sympathetic and creative approach, for introducing systematic monitoring of the implementation of welfare schemes and credit flow, for reviewing the list of minority concentration districts and for activating the Central and State Corporations for financing the development of the Minorities.

 

ON RESERVATION

Recalling the Resolutions adopted at the First and Second Conferences held in New Delhi in October, 1994 and March, 1996 respectively which placed the Question of Reservation for the Muslim community in Public Employment on the National Agenda,

Taking into account the crystallization of a near consensus among the secular intelligentsia and of near consensus among the Muslim community on the imperative of reservation for the progress and development of the educationally, economically and, therefore, socially backward Muslim community in view of its persistent under-representation in public employment in the Centre and in all the States/U.T.s, at all levels and in all job categories,

Unanimously reiterates its demand for the recognition of the Muslim community, as a community, as a Backward Class, in the Constitutional meaning of the term, both in the country, as a whole, and in various States/UTs and for the consequent extension of reservation to the community, in proportion to its population and level of backwardness, both in higher and professional education as well as in public employment, at the central and state levels and in all job categories, subject to decennial review,

Demands a separate quota for the Muslim community, as it does for each identifiable community, so that each of them may enjoy the full benefit of their rightful measure of reservation, free of all apprehensions of any encroachment by other relatively advanced communities if bracketed with them,

Concedes that Muslim Sub-communities, which have already been included in the list of Other Backward Classes by the Central or State Governments, shall have the first claim on the Muslim quota, with suitable relaxation, while only the remaining unutilized quota, if any, shall be available for the other Sub-communities, Is of the view that the selection of the individual beneficiaries under reservation quotas should be subject reservation percolates to the lowest strata of the to the test of 'creamy layer' so that the impact of community.

Appeals to the United Front Government to concede this legitimate demand of the Muslim community in view of repeated affirmation by the Prime Minister Shri HD Deve Gowda of the relative backwardness of the Muslim community even compared to the SC's and ST's

Advises the Muslim organizations to represent effectively the case of the Muslim community before the National and State Backward Classes Commissions and requests the Central and State Governments to extend their full support and cooperation and the Commissions to consider the representations sympathetically and expeditiously

Decides to organize a NATIONAL CONVENTION ON RESERVATION in New Delhi in September, 1996 under the Co-sponsorship of all like-minded Muslim organizations of national eminence and, then to represent the case to the Prime Minister of India as well as to the leaders of all national parties.

 

ON PROMOTION OF EDUCATION:

Considering the educational backwardness of the Muslim society and the paucity of resources, advises the Muslim community to adopt austerity, avoid extravagance, raise the level of personal and collective savings and establish financial institutions including Bait- ul-Mal and Cooperative Societies and Banks to finances educational and entrepreneurial activities.

Urges the State Governments to establish primary, Secondary, and Higher Secondary Schools as well as Industrial Training Centres, ITI's and Polytechnics in the Districts of Muslim concentration in accordance with the villages/mahallas, Panchayats/towns, Prakhands and national norms.

Calls upon the Muslim community to invest their own resources to universalize basic religious education for all Muslim boys and girls in the maktabs attached to local Masjids, to establish and upgrade higher secondary schools or intermediate colleges as well as introduce counselling and coaching services and provide residential facilities at the district level, to enable the Muslim youth to avail of the employment opportunities at all levels and in all grades and categories.

Advises the Muslim community to establish information and service Centres in every Mahalla.

 

Insaf Morcha: National Convener

Shahabuddin's Statement on Reservation for Muslim community, 31 August, 1996

"In order to scuttle the universal and legitimate demand of the Muslim community for reservation in Bihar public employment and higher education on the ground Delhi of educational and economic, therefore, social Haryana backwardness, the vested interests have launched a J&K counter-move to divide the Muslims into forward and Kerala backward castes, while, by any nationally accepted criteria, the Muslims, as a community, constitute a Backward Class.

It is being whispered that the Muslim quota shall be swallowed by the so-called 'Ashraf and the non-Ashraf shall remain as deprived as they are. This is a baseless fear because the concept of the 'creamy layer' shall reduce the access of the so-called Ashraf to the Muslim quota and also because the Muslim Sub-communities notified as Backward Classes by the Central or any State Government shall enjoy preferential access, subject only to minimum qualification, indeed the whole quota, if the number of such candidates is adequate.

So, the Muslims have begun fighting over a notional quota which does not yet exist!

What is important is a separate quota for the Muslims because even the so-called backward Muslims will not

Panchayat in order to keep track of educational and employment opportunities as well as to avail of welfare schemes introduced by the Government.

Endorses the proposal for the establishment of a University for Science, Technology and Management and a Central University to provide optional affiliation for minority educational institutions throughout the country.

 

ON WAKF ADMINISTRATION:

Welcomes the beneficial provisions of the Wakf Act 1995 and requests the State Governments to implement the Act seriously, particularly by setting up the Wakf Tribunals for the restoration of wakf properties under illegal occupation or subjected to unlawful alienation and to treat all public wakf properties as 'public premises' and to exempt them from the purview of rent control and land ceiling legislation, in order to raise the income from the Wakfs.

Calls upon the Muslim community to establish Wakf Protection Committee in all districts in order to identify wakf properties which are underutilized or exploited for personal gain and to initiate administrative and legal action for their recovery and proper utilization.

Urges the utilization of the surplus income from the Wakf properties for promoting education, upgrading skills, support enterprise and advancing the welfare of the community.

 

Hamdard Study Circle

Regional Break-up of Successful Candidates

            1991    1992    1993    1994    1995

A.P      -           -           1          1          3

Bihar   3          7          4          11        8

Delhi   -           -           1          -           1

Haryana          -           -           -           1          1

J&K    -           1          3          1          1

Kerala -           -           1          3          2

Rajasthan        -           1          1          -           -

Tamil Nadu     -           2          2          3          4

U.P      1          3          3          4          7

W.Bengal        -           -           1          3          1

Muslims          3          10        13        18        18

Non-Muslims  1          4          9          3          10

get their due, if they are to draw on a common quota along with relatively advanced "forward" groups among the OBC's.

It is the considered opinion of the Association, that the Muslim community as a whole should be declared a Backward Class, as it has been in Karnataka, provided with a quota based on its population and degree of backwardness (which is comparable to that of SC/ST according to the PM). However, to allay the fears and apprehensions in the mind of the non-Ashraf Sub- communities, which constitute 75% of the Muslim population of the country, the government may alternatively carve out a separate quota for the Muslim OBC's. By the logic of the Mandal Commission, their share is at least 4.2% in the 27% quota for the OBC's.

However, considering that the Muslim OBC's generally fall in the category of MBC's and their level of backwardness is comparable to that of the SC/STS, their separate quota should be raised to at least 8.5% on the following basis:

% of Muslims in the national population: 12%

% of non-Ashraf (estimated at 80% of the Muslim proportion : 9.6%

Index of Backwardness as compared to SC/ST :   90%

Quota 9.6 X9 86.4 i.c. 8.5%

Either the Muslims a whole be declared a Backward Class with a quote of 10% or there should be a separate quota of 8.5% at least for the Muslim OBC's, while the Ashraf may be included in the proposed quota for higher caste Hindus.

In my view, social justice demands that any identifiable social group, whose proportion in national population exceeds 1% should enjoy a separate quota in public employment, if so desires, based on population and degree of backwardness."

 

Rowena Robinson on Reservations for Dalit Christian

There are roughly 16 million Christians in India and these make up 2.6 per cent of the population. While about 25 per cent as the Syrian Christians of Kerala and the upper caste Christians of the Konkan region, belong to the higher social ranks, it is estimated that over 50 per cent of all Christians are drawn from the Scheduled Castes and about 15-20 per cent are tribal. The term "Dalit", taken over from the Maharashtrian experience, has started being used by and for Christians from the Scheduled Castes in recent years.

Particular bodies have emerged to demand reservations such as the National Coordination Committee for SC Christians. Dalit Christian movements are backed by a number of church intellectuals and theologians and derive their legitimacy from certain radical theologies including Dalit theology.

At the time of Independence, special provisions for the SC/ST were included in the Constitution. These embraced the reservation of seats in legislatures, educational institutions and public sector employment By a Presidential Order it was decreed in 1950 that no person who professes a religion different from Hinduism. shall be deemed to be a member of a Scheduled Caste.

In 1956 the Sikh religion was included with Hinduism. The subject of extending reservations to the SCs of other religious groups was discussed during the debate on conversions to Buddhism in 1961. The Government's position was that Untouchables from non- Hindu communities could not be extended benefits because the other religions did not recognize the existence of caste. Nevertheless the Government extended reservations to neo-Buddhists in 1990.

The Government's arguments are notably specious. For instance: what about the Sikh stance towards caste? In any case, by bowing to pressure and including Buddhists too under the purview of positive discrimination, the Government has undermined its own position and shown that its decisions are governed political expediency.

Dalit Christians suffer from a wide variety of social and economic disabilities. Data on educational mobility and occupational advancement of Protestants in Madras reveal that the Harijans are largely left out in the cold. Material from Andhra Pradesh, Kerala and Karnataka also shows that the Dalits have not improved their economic position substantially with conversion.

More seriously, there are several forms of social discrimination against Dalit Christians. In Tamil Nadu, they are residentially segregated... In Kerala, they are. largely landless labourers, and work for Syrian Christians and other landed upper castes. There is no question inter-dining or inter-marriage between the Dalits and Syrian Christians. In many cases, the Dalits worship their own churches, called "Pulaya Church". If they worship with the Syrian Christians have separate places to sit.

Harijans the full advantage of its educational facilities. The Church has (also) failed to give to The opportunities made available by it has disproportionately benefited upper caste converts. The Dalits have been barely touched.

Upward mobility has a price. Dalits can advanced but they will most likely have to repudiate all ties wish  their kin and brethren who remain depressed. At this co again, perhaps reservations will remove structure disabilities, at least over a generation or so. In any case, is not likely that the raising of the issue of reservations the church is designed to prevent a possible en masses retreat of their flock back into the 'Hindu' fold. Data show that the actual numbers of such re-conversions are low.

As it stands the Government's position indirectly placed a value on Hinduism by extending benefits only to Dalits who had not converted to other faiths. Extending benefits to Christians means that there will no longer b any even-handed justification for their non-extension t Muslims. Today our whole policy of positive discrimination, its relationship to the principle of merit its extent and effects and the desirability of its prolongation are being interrogated. What kind of society (and nation) do we wish to construct?

Can we raise the possibility, in the first instance, for concerted community action on behalf of the Dalits? For the generation of resources in terms of intellect, commitment and finance - within the community to assist the Dalits, reserved seats for them in Christian schools and encourage them to take up an education, which might render them capable of holding their own in the employment arena?

(Source: The Indian Express, 26 August, 1996)

BSP: Kanshi Ram's Views

Despite all the propaganda to the contrary, the Muslim minority had now realised that its political destiny lay in its association with the BSP and not with Mulayam Singh Yadav's Samajwadi Party (SP). Only on August 8 last, SP's minority cell state chief, Mr. Shah Nawaz Qadri, had joined the BSP along with his supporters all over the state.

(Source: The Pioneer, 17 August, 1996)





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