By: SUHAIL KK
“In giving rights to others which belong to them, we give rights to ourselves and to our country.” – John F. Kennedy
The
recent Supreme Court judgment to uphold 27% reservation in higher
education institutions was indeed a slap across the face of the
anti-reservation lobby. It created a sense of security and
self-confidence for the backward communities in India. The judgment has
turned out to be the final result of the legal war between the
pro-reservation and the anti-reservation groups. This war started when
the Union Educational Minister Arjun Singh announced the extension of
reservation benefits to the other backward castes, which includes 20
central universities, the IITs, IIMs and all colleges supported by the
Central Government in the light of the Mandal Commission
recommendations. It has invalidated the court’s interim order of March
29, 2007 staying the implementation of the quota and is the practical
step towards implementing the 93rd constitutional amendment that allows
the state to legislate in order to assure reservation for backward
classes in all government aided, private, unaided (excluding minority
institutions) educational institutions. The verdict has once again put
back the primordial aims attributed to the article 15 (4) of the
constitution (that allows the state to make special privileges for the
upliftment of socially and educationally backward sections).
The
most ironical part of the issue was that those groups, who were
protesting and waging a war against the reservation announcement of the
Union Government, also welcomed the recent Supreme Court verdict! These
elements were carrying out protests, rejecting the basic idea of
reservation, which the court has rejected. It was clear that the welcome
statements made by these groups were aimed to cover the gloom and sense
of guilt caused by this judgment.
They are
and have been constantly questioning the concept of 27% reservation,
whereas the figures spell out that of the total Indian population, 16.2%
are scheduled castes, 8.2% are scheduled tribes and 52% belongs to
OBCs, but the forward sections account to only 23.6%. It is interesting
to note that the lion’s share of higher education lies in the hands of
this less than 1/4th of the total population. This will be easily found
if glanced through the representation of backward communities in IITs,
IIMs, NITs, and AIIMS, etc. Nevertheless the Mandal Commission
recommended just 27% reservation for OBCs. That means instead of
population-wise 52%, only 27%!
What does the
Constitution of India say? In Article 15 of the Constitution, after
clause (4), the following clause was inserted as Constitution (93rd
Amendment) Act, 2005, namely:
“(5) Nothing
in this Article or in sub-clause (g) of clause (1) of Article 19 shall
prevent the State from making any special provision, by law, for the
advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes or the Scheduled Tribes in so far
as such special provisions relate to their admission to educational
institutions including private educational institutions, whether aided
or unaided by the State, other than the minority educational
institutions referred to in clause (1) of Article 30.”
The
statement: “Nothing shall prevent the State from making any special
provisions for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes and Scheduled
Tribes.” Article 15(4) was actually added in the first ever
Constitutional amendment in 1951 which was piloted by Dr. B. R.
Ambedkar, but following the judgment delivered in 2005, in the case of
Inamdar Vs State of Maharashtra, this clause was edited in such a manner
that the private institutions were accommodated in the reservation
provision.
The above-mentioned
Constitutional provision has only been implemented in the institutions
run by the Central Government. It has to be enacted at the state
governed institutions too without delay, since the major chunk of the
OBCs in our country are studying in these institutes.
It
is a fact that Islam is a major egalitarian faith existing in the
world. Islam outright rejects caste based social stratification and
discrimination. It propagates that the whole of humankind is equal and
those who have faith and piety are superior before God Almighty. But
because of reasons pertaining to history, Muslims especially in North
India are divided into classes. Majority of Indian Muslims are
descendants of ‘untouchable’ and ‘low’ castes of India, with only a
small minority tracing their origins to Arab, Iranian and Central Asian
descent. Going by this classification, an overwhelming 75% of Muslim
population of India would fall into the ajlaf (low) category. Conversion to the egalitarian faith of Islam has not helped their cause. This happenned so because the ajlaf
continued to be discriminated against by the Muslim upper castes. Such
discriminatory practises are most visible in the Northern States of
Uttar Pradesh and Bihar. Ninety-nine per cent
of the Muslim community (Malayakkandi Mappila and all other sections
excluding Bora, Kachi Meman, Navayath, Thurakkan, Deccani Muslims) comes under the reservation category of OBCs in Kerala, which is considered to be comparatively well off than the Muslims of other states in India. This
is almost the case with Karnataka and Tamil Nadu, whereas most of the
Muslim classes in other states, which are socially, economically and
educationally more backward are not accommodated in the reservation
category. The government must take appropriate steps to actively tackle
this situation and make reservation more fruitful by accommodating all
deserving sections of Muslims in the reservation category.
The
Supreme Court in its verdict has categorically stated that the creamy
layer in the OBC must be excluded. Indeed reservation is to make access
to proper education and job opportunities for the most socially
discriminated groups, but what the Supreme Court has upheld is the caste
based reservation as an affirmative action to bring up the
under-represented communities. This privelege must entirely be granted
to the respective communities under any circumstances. The Supreme Court
in yet another clarrification on the judjment, has told that the creamy
layer will not be accepted under any circumstances. The government
while framing the law must make sure that the vacant seats of 27% OBC
quota will not be opened for general category and the reserved vacant
seats be allotted to the ‘creamy layer’. If the clarification on
judgment stands as a hindrance, a review petition must be filed in the
Supreme Court in this regard.
Indeed
reservation is not the only solution for the upliftment of the socially
deprived classes, including Muslims in India. It is high time for the
different religious organisations and community leaders to think loud
over other solutions to the problem. Only then will we able to overcome
this multidimensional crisis.
suhailkk@gmail.com
Courtesy to : Radiance Views Weekly, web edition, dt. 5.6.2008, Vol. XLVI No.5,
Courtesy to : Radiance Views Weekly, web edition, dt. 5.6.2008, Vol. XLVI No.5,
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