MUSLIMS AND RESEVATION

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MUSLIMS AND RESEVATION

Dr. RamjilalSocial Scientist and Former Principal,
Dyal Singh College, Karnal (Haryana –India)
Drramjilal1947@gmail.com

(THE ASIAN INDEPENDENT)- Like Indian Hindu society, Muslim society is also suffering from social stratification and inequality. The caste discrimination is also prevalent among Muslims. There are three main levels (categories) in Muslim society – Ashrafs (Sharif), Ajalafs and Arzals.

Ashrafs come in the first category and they consider themselves descendants of Sheikhs, Syeds, Mughals, Pathans, Arabs, and Afghans. This category includes rich landlords, wealthy people, leaders and officers. In other words, it is the elite class of the Muslim community. This class does not come under the category of backward classes. This class considers itself superior to other two categories of Muslims.

The second category includes Ajalafs. The ancestors of this category had abandoned Hinduism and adopted Islam. At present, the status of people of this category is weaker and lower than Ashrafs, but better than Arjals.

The third category includes Arjals. The ancestors of this category had also adopted Islam after being fed up with the widespread untouchability in Hindu society. But, despite adopting Islam, they did not get rid of the black stain of untouchability. This category is at the lowest rung in Muslim society. The status of Arjal category is the same as that of Dalit classes in Hindu society. People of Arjal community are prohibited from using mosques and common graveyards. In short, despite conversion, there has been no improvement in the social, economic and educational status of Ajalas (middle backward class) and Arjals (extremely backward class). The majority of these two categories is living on the margins of society and are included in the reserved categories.

15 years after the 1857 revolution, for the first time in 1872, Muslims were given reservation in the OBC category in Mysore state on the basis of the report of the Leslie Miller Committee. In 1882, the British government established the Hunter Commission (year 1882) to prepare a report to improve the Indian education system. Apart from reforms in the education system, this commission recommended providing proper education facilities for backward classes and Muslims.

Taking cognizance of the Indian conditions, the British imperialist government implemented limited reservation for different castes and communities in administrative services in 1908. After this, a provision for separate electoral system – reservation for Muslim representation was made in the Government of India Act, 1909. According to the caste background order in Madras Presidency, 44% seats were reserved for non-Brahmins, 16% for Brahmins, 16% for Muslims, 16% for Anglo-Indians/Christians and 8% for Scheduled Castes. In other words, 100% reservation was provided in government jobs.

The Constituent Assembly: Detailed Debate on Muslim Representation in the State Assemblies and Parliament

It is important for us to know what were the focal points of the debate in the Constituent Assembly regarding (religious representation) in legislatures, Parliament and administrative services? A detailed debate was held in the Indian Constituent Assembly on 25 May, 1949 regarding the representation of Scheduled Castes, Scheduled Tribes and religious minorities, especially Muslims, in state Assemblies and Parliament. The reservation of seats for Scheduled Castes and Scheduled Tribes at the time of elections in Lok Sabha and State Legislatures was decided, but the main focal points of the detailed debate regarding Muslims and other minorities are as follows:

First, there should be a provision for separate election system for the Muslims as per the Act of 1909. According to Dr. Ramjilal, ‘It is a universal fact that on 15 August, 1947 India attained independence as a divided nation. After the establishment of Pakistan, crores of people migrated from India to Pakistan and came to India from Pakistan. In the written history of the human race, such a large population has never been migrated on such a large scale till date. In the year 1946-1947, the feeling of communalism and communal violence in India were at their peak. The people were slaughtered. Countless women were humiliated, tortured, and thrown into the trap of death. According to one estimate, during the division of country, about 75,000 women were kidnapped and raped. During the Hindu-Muslim and Sikh riots, approximately 6 to 8 million people – Hindus, Sikhs and Muslims were killed, and 12 million people became homeless and destitute. In such a situation of cruelty, where people lost their humanity due to communalism, when on the basis of religion women and girls were being raped and killed by devils in front of their relatives, where the orgy of communalism was prevalent everywhere. Hindus were in trouble, whereas Muslims and Sikhs were being killed, and women and girls were being publicly raped and murdered, and it was difficult to think and function on the basis of humanity, religious justice, Hindu-Muslim-Sikh unity and good feelings”. In such a situation, even thinking about the separate election system gives rise to goose bumps. As a result of this situation, the seed for the establishment of Pakistan was sown, and in the year 1947, India was divided on the basis of religion and Pakistan was established. Whereas, a secular state was established through the Constituent Assembly of India, in the Indian Constituent Assembly of India, Tajjamul Hussain criticised the separate election process and strongly opposed any kind of reservation for the Muslim community considering it a curse for India and an obstacle in the national development. According to Tajjamul Hussain, “the separate election process is a curse for democratic India.”

In that situation, this has posed a threat to the identity of the country….Separate Election Boards (Separate Election Commissions) have stopped our progress…We (Muslims) want to unite in the nation…For God’s sake, any kind of protection should be taken for the Muslim community Do not think about it…” Then, after a detailed discussion in the Indian Constitution, the separate election system based on the 1909 principles was rejected.

Second, the Election system based on proportional representation system and single transferable vote system:

The Parliamentary system was adopted in India through the Indian Constituent Assembly. The proportional representation is not suitable for the parliamentary system. Apart from this, this is beyond the understanding of common voters. That is why, the Indian Constituent Assembly also did not accept it.

Third, there should be provision for joint election system :

On the basis of the report of the minority committee of the Constituent Assembly , joint election system was accepted. The members of the Constituent Assembly participating in the debate believed that the joint election process would increase unity between different communities and the minority communities would play an important role during elections. It was repeatedly emphasized in the debates that it was the duty of the majority community to protect the rights of the the minority communities and the possibility was also raised that in order to give proper respect to the minority by the majority, they would need more power. It can be given as a hint also. Through this system, unity, integrity, mutual brotherhood and feeling of goodness of India will be developed. The constitution makers were ‘hopeful and idealistic’ persons. They could not imagine that in the coming times. the ruling class would prepare the ‘Hindu vote bank’ by exploiting the religious sentiments of the majority community against Muslims by disregarding ‘secularism and social justice’ mentioned in the Indian constitution, and they do not have any hope for Muslims in the elections and they even say that they ‘do not need the votes of Muslims’. In the elections, 2024, there is not even a single Muslim member of the BJP in the Lok Sabha or cabinet. In fact, this situation is the reflection of BJP’s slogan of 2014 – ‘Sabaka saath, Sabaka vikaas, Sabaka vikaas’.

Impact of partition of India: Religious Minority communities Impact of Partition of India: No Reservation for Religious Minority Communities

Sardar Vallabhbhai Patel constituted a special sub-committee in 1949 to look into the problems of the minority population in East Punjab and West-Bengal. The sub-committee comprised Jawaharlal Nehru, Dr Rajendra Prasad, Dr Bhimrao Ambedkar and K.M. Munshi. This committee did not recommend reservation for Christian and Muslim SCs and STs. In fact, the partition of India in 1947 even influenced the decision not to provide reservation to minorities. Even Christian and Muslim SCs and STs were not given reservation. Reservation for religious minorities was not considered justifiable in the changed political environment. According to the sub-committee report, “In the context of independent India and the present circumstances, it is no longer appropriate to reserve seats for Muslims, Christians, Sikhs or any other religious minority. … There may be some degree of separatism, and this is to some extent contrary to the concept of a secular democratic state.”

The Constituent Assembly: Participation of members in the debate related to reservation for minorities

Among the members who participated in the debate related to reservation for minorities in the Constituent Assembly, the names of Sardar Patel, Jawaharlal Nehru, Dr. Rajendra Prasad (President of the Constituent Assembly), Dr. Bhimrao Ambedkar (Chairman of the Drafting Committee of the Constitution), K.M. Munshi, Professor N.G. Ranga, M. Thirumala Rao, Pandit Thakurdas Bhargava, T.T. Krishnamachari, K.T. Shah, A.A. Gurung, S. Nagappa (Madras now Tamil Nadu), Mohanlal Gautam, Mahavir Tyagi, Z.H. Lari, Jerome D’ Souza, B. Poker, Jaspat Roy Kapoor, Syed Muhammad Saadulla, Begum Aijaz, Rasul Mohammad Ismail, Ghanshyam Singh Gupta, Dr. H.C. Mukherjee, Tajamul Hussain, Lakshmi Kanta Maitra, V.I. Muniswami Pillai, etc. are notable.

Muslims are Neglected : Not considered equal to Hindus

Although, like Hindus, caste inequality and caste discrimination exist on a large scale among Muslims, despite this, Muslims were not considered equal to Hindus. Consequently, their interests were neglected and they were not included in the category of reservation, whereas on the contrary, people of lower categories (OBC, SC and ST) of the Hindu community were included in the category of reservation. Neglect of Muslims is clear from the following examples:

First, the Constituent Assembly did not make provision for reservation for Muslims;

Second, In the Constitutional (Scheduled Caste) Order, 1950, castes of religions other than Hindus – Muslim religion, Sikh religion, Buddhism, etc. were not included. According to this order; ‘Any person who believes in a religion different from Hinduism will not be considered a member of the Scheduled Caste.’ This Constitutional (Scheduled Caste) Order is against the Dalit followers of minority religions – Sikh religion, Buddhism, Christianity, etc., including Muslims.

The Central Government had also opposed the challenge to the 1950 order. The Centre Government argued that this order was ‘not unconstitutional’ because there is no untouchability in Christianity and Islam.

Although the 1950 order was later amended and Dalit Sikhs and Dalit Buddhists were included in the category of the Scheduled Castes. The interests of Dalits of the Muslim community continued to be neglected.

Thirdly, the First National Backward Classes Commission (Kaka Kalelkar Commission 29 January, 1953-30 March 1955) identified Other Backward Classes (OBCs) on the basis of stratification within Indian Muslims. But, despite having the same number of castes as Hindus, no recommendation was given to include Muslim castes in the category of Scheduled Castes. Hence, the interests of Muslims were also neglected by the First National Backward Classes Commission (1953-1955).

Fourth, as per the recommendation of the Second National Commission for Backward Classes (Mandal Commission-1 January 1979 – 31 December 1980), 82 Muslim castes and sub-castes were included in the reserved category among the backward classes. The Mandal Commission divided the Muslim castes into the following two categories: “The first category includes those Hindu untouchable castes who had abandoned Hinduism and embraced Islam. And, Second, those Hindu backward castes who did not abandon their traditional (ancestral) occupations and continued to practice them even after abandoning Hinduism and embracing Islam.”

Muslims were eligible for reservation only under the OBC category, whereas no such recommendation was made in respect of Muslim Scheduled Castes. This commission also ignored the Muslim Scheduled Castes. In other words, Other Backward Classes (OBCs) were identified on the basis of stratification within Indian Muslims. But ,despite having castes similar to Hindus, Muslim castes were not included in the category of Scheduled Castes. Some of the commentators believe that the Kaka Kalelkar Commission and the Mandal Commission were set up to identify OBCs and make recommendations for their upliftment, not for the Scheduled Castes. In other words, the terms and conditions for setting up these two commissions did not include the Scheduled Castes.

Fifth, Sachar Committee Report (2006): The then Prime Minister of the Congress-led UPA government, Dr. Manmohan Singh, constituted a high-level committee headed by Justice Rajinder Sachchar in March 2005. The 403-page report of the Sachar Committee was presented in the Lok Sabha on November 30, 2006. According to the report, Muslims in India are far behind the Scheduled Castes and Scheduled Tribes in terms of indicators of social, economic, educational and administrative participation. The Sachar Committee Report (2006) made 10 major recommendations including reservation to improve the social, economic and educational status of the Muslim community of India and to remove inequality.

Sixth, Justice Ranganath Mishra Commission (2007): The then Prime Minister of the Congress-led UPA government, Dr. Manmohan Singh, constituted a commission in 2007 under the chairmanship of retired Justice Ranganath Mishra. This commission recommended in 2009 to give SC status to minorities – Dalit Muslims and Dalit Christians and 15% reservation (10% for Muslims + 5% for other minorities). The Congress-led UPA government did not implement the report of Justice Ranganath Mishra citing shortcomings.

Apart from these, commissions or committees were also formed by the state governments. But there was no significant improvement in the educational, administrative and political participation of Muslims.

According to the 2011 census, the population of Muslims was about 17 crore 22 lakhs, which was 14.2% of the total population. The estimated population of Muslims in 2024 is about 20 crore 47 lakhs. Political participation of Muslims is gradually decreasing in proportion to their population. In other words, the number of political representatives of Muslims in state legislatures and Parliament is decreasing.

In the 2024 Lok Sabha elections, 78 Muslim candidates were in the fray. Out of these, only 24 Muslim candidates have managed to reach the Lok Sabha by winning the elections. But the sad thing is that there are no Muslim MPs in the NDA alliance. This is the reason why there is not a single Muslim minister in the Union Cabinet. According to Amar Abdullah, the NDA alliance is Muslim free. Not only this, but not a single Chief Minister in 28 states of India is Muslim. It is our firm opinion that the lack of participation of minority communities in the government is not a good sign for democracy..

Muslim Reservation: Based on Educational and Social Basis, Not on Religion

The Indian Constituent Assembly rejected reservation on the basis of religion, considering it harmful to secularism, national unity and integrity. But according to Article 16(4) of the Constitution, state government has been given the right to make arrangements for reservation for backward classes on educational and social basis. .The Supreme Court of India, while giving its decision on reservation in the case of Indira Sawhney vs. Government of India (1992), said that if any social community is educationally and socially backward, it can be given reservation but the principle of ‘creamy layer’ will apply to it. In short, we firmly believe that reservation has been given to Muslims not on the basis of religion but on the basis of indicators of backward classes.

Since 2023, from the top leaders of The Bharatiya Janata Party to its staunch supporters are continuously campaigning against Muslims by misleading the public and reviewing the Muslim reservation and considering it against the Constitution and abolishing it, hence no stone was left unturned in carrying out unrestrained propaganda in the Lok Sabha elections (2024). While we are of the firm opinion that the Mandal Commission recommendations paved the way for providing reservation to Muslims in the Centre and most states including the BJP ruled states.

Centre and States: Reservation for Religious Minorities

The details of reservation for religious minorities in India at the Centre and in the states are as follows:

A. Central Government: 4.5% reservation for religious minorities

According to the then Congress-led UPA government, the Muslim community is not able to compete with Hindu OBC communities. Therefore, on 22 December 2011, the then Prime Minister of the Congress-led UPA government, Dr. Manmohan Singh, made a provision to establish a sub-quota of 4.5% for religious minorities within the existing 27% reservation for Other Backward Classes.

According to Pankaj Srivastava:

‘Inclusion of Muslim backward castes in OBC reservation is now a constitutional provision. This provision is in Article 16 (4) of the Constitution. In the Centre’s OBC list, 36 Muslim castes have been included in category 1 and 2A, which get the benefit of reservation. Not only this, in 1992, in the Indira Sahni case vs Central Government, the Supreme Court had also clarified that if a social group is backward, it will be considered a backward class, irrespective of its religious identity.

B. Various states of India: Reservation for Muslims

Being extremely backward in social, economic, educational and political terms, there is a system of reservation for Muslims in various states of India – Kerala, Karnataka, West Bengal, Uttar Pradesh, Gujarat, Andhra Pradesh, Bihar, Tamil Nadu, Telangana, Rajasthan etc. A brief description of Muslim reservation in these states is as follows:

1. Kerala:

In the 20th century, in 1936, reservation for Muslims was first implemented in Travancore Cochin (now Kerala). In 1956, Kerala was reorganised and 50% reservation was implemented. In this, 40% was for backward classes and Muslim quota was 10%. As a result, the social, economic, educational and political status of Muslims in Kerala has improved tremendously due to their 12% participation in administration and 8% participation in professional educational institutions. The credit for improving the status of Muslims goes to the Left Front governments led by the Communist Party of India (Marxist).

2. Karnataka:

Before independence, in 1918, Muslims were listed in the OBC category by the then Mysore State government. Since then, this process has been continuing in Karnataka after scientific study by several commissions. In 1994, the H.D. Devegowda government started Muslim quota in ‘government jobs and education’ on the basis of ‘social and educational backwardness’ in Karnataka. There was a 4% sub-quota for Muslims within the 32% OBC quota. Before the assembly elections in Karnataka (March 2023), the then BJP government abolished the 4% reservation given to Muslims under the “2B” backward class category and transferred it to the 10% quota pool for general category EWS. This decision of the Bharatiya Janata Party-led Karnataka government is against the interests of Muslims.

The Bharatiya Janata Party had to face defeat in the Karnataka Assembly elections (March, 2023). The Congress Party got full support of the people in the assembly elections and formed the government i.e. the Congress Party came to power.

3. West Bengal: OBC Reservation

In 2010, the Communist Party of India (Marxist) led Left Front government in West Bengal implemented reservation for 77 OBC communities. Most of these were Muslims. In 2011, Mamata Banerjee’s government included 180 communities in the backward class and divided them into two categories – A and B – and provided 17% reservation. Out of these 180 communities, 97 (56 communities in A category, 41 communities in B category) were Muslims.

First, OBC A category: 81 communities were included in this category, out of which 56 communities were Muslims and 10% reservation was provided.

Second, OBC B category: 99 communities were included in this category, out of which 41 communities were Muslims and 7% reservation was provided.

Muslim OBC Reservation: Kolkata High Court Declared Illegal

The decision regarding Muslim OBC reservation in West Bengal was challenged in the Kolkata High Court. On May 23, 2024, in the middle of the current elections (2024), the Kolkata High Court created a political storm by declaring the reservation given to Muslims by the Bengal government illegal.

The division bench of Justices K Tapabrata Chakraborty and Rajasekhar Mantha of the Kolkata High Court said:

“This court (Kolkata High Court) is of the view that the identification of 77 categories of Muslims as backward is an insult to the Muslim community as a whole. The mind of this court is not free from doubt that the said community has been treated as an object for political purposes…Identifying sections in the community as OBCs for electoral gains will make them dependent on the mercy of the concerned political establishment and may be defeated and deprived of other rights. Therefore, such reservation is also an insult to democracy and the Constitution of India as a whole,”

This decision, which came during the Lok Sabha elections 2024, created a political storm not only in Bengal but in the country. Banerjee, the West Bengal chief minister, said she “will not accept the order… if necessary, we will approach the Supreme Court.” In stark contrast, Union Home Minister Amit Shah accused the Bengal government of “appeasement” and said “the OBC reservation was done to appease Muslims.” The decision is estimated to affect about 500,000 people.

4 Uttar Pradesh:

OBC reservation was first implemented in Uttar Pradesh in 1977. At that time, 21 Muslim sub-castes were included in the OBC category and they began to receive educational and social benefits like other OBC castes. At present, there are 79 OBC castes in Uttar Pradesh. Of these, 38 Muslim sub-castes have been included in the OBC list on social and educational grounds. After 21 August 2002, no Muslim caste was included in the OBC list nor was it removed from this list. Muslims or Hindus have not been included in the OBC list on the basis of religion. They have been included on the basis of social and educationally recognised criteria. A senior official of the Uttar Pradesh State Backward Classes Commission said absolutely straight about the reservation given to Muslims:

“In 1977, a total of 55 castes were identified for the OBC quota in Uttar Pradesh. After the Mandal Commission, this number increased and at present there are 79 OBC castes listed as socially and educationally backward, which are availing quota benefits in government jobs and admissions in educational institutions etc…Out of the 79 castes listed as OBCs in UP, 38 castes are sub-castes of Muslims and are getting all the benefits under the OBC quota.” The official further said:

‘The basis for inclusion of a caste in the OBC schedule is social and educational backwardness, irrespective of the religion it belongs to…The Constitution does not use the words Hindu or Muslim to identify OBCs and grant them quota benefits. Social and educational backwardness is the only criterion…Looking at this legal aspect, we do not find anything wrong in including Muslim sub-castes in the OBC list in UP.”

5. Gujarat:

The Gujarat government appointed a commission (Bakshi Commission) under the chairmanship of retired Justice A.R. Bakshi. In the recommendations of the Bakshi Commission, 38 Muslim communities were also included in the reserved category among the 82 OBC communities. What we mean is that about 46 years ago in 1978, 38 Muslim communities were placed in the reservation category in Gujarat. At that time, Janata Party leader Babu Bhai Jashbhai Patel was the Chief Minister of Gujarat (from April 1977 to February 1980). After this, more Muslim communities were added to the OBC list. In 1995, during the tenure of Janata Party leader Suresh Mehta as Chief Minister, other Muslim communities were also added to the Muslim OBC. According to the website of the Social Justice and Empowerment Department of the Gujarat Government, 142 communities including 42 Muslim communities are included in the OBC list. To get the benefit of reservation for vacancies in Gujarat government, it is very important to be included in the state’s OBC list. Among the 42 Muslim communities, Bafan, Dafar, Fakir, Gadhai, Galiyara, Ghanchi, Hingora, Julaya, Garana, Taria, Tari, Ansari, Jat, Khatki or Kasai, Chamadia Khatki, Halari Khatki, Mir, Dhandi, Landha, Mirasi, Majothi Kumbhar, Darbar or Darban Majothi, Makrani, Matwa Qureshi, Miyana, Pinjara, Ghanchi-Pinjara, Mansuri-Pinjara, Sandhi, Sipai, Patani Jamaat or Turk Jamaat, Theba, Hajam, Khalifa, Vanjara, Wagher, Arab, Kalal, Sumra etc. are getting the benefit of OBC reservation quota under the central list.

Narendra Modi was the Chief Minister for twelve and a half years from 2001 to 2014. He has served as the 14th Prime Minister of India from 26 May, 2014 to 5 June, 2024. After the 18th Lok Sabha elections (2024), Narendra Modi became the Prime Minister for the third time on 9 June 2024. In an interview to news agency ANI on 9 February 2022, Prime Minister Narendra Modi said that discrimination and backwardness is a reality even in those religious sections of society where there is no caste description. Describing reservation to Muslim groups in Gujarat, he said: “When I was the Chief Minister of Gujarat, 70 Muslim groups used to get reservation as OBC, but I never publicized it.” During his tenure as Chief Minister from 2001 to 2014, the current Prime Minister Narendra Modi did not campaign against the reservation received by Muslims in Gujarat nor did he talk about abolishing Muslim reservation. In the 2024 Lok Sabha elections, continuous campaigning was done against Muslim reservation by Bharatiya Janata Party leaders including Prime Minister Narendra Modi.

6. Andhra Pradesh:

According to the 2011 census, the Muslim population in Andhra Pradesh is 9.5% of the total population of Andhra Pradesh. In Andhra Pradesh, some Muslim groups have been included in the OBC list since the beginning. The quota for Muslim groups is already between 7% and 10%.

Along with the Lok Sabha elections in Andhra Pradesh, the assembly elections of Andhra Pradesh were also held. In this election, the NDA in Andhra Pradesh includes BJP, TDP and Jana Sena Party. A joint manifesto was released by this alliance on 30 April 2024, but it did not describe any kind of reserved quota or other facilities for Muslims. However, important member of NDA, TDP President and former Chief Minister of Andhra Pradesh (newly elected Chief Minister) Chandrababu Naidu repeatedly described the reserved quota and other facilities in election public meetings. Following is a compilation of important promises made by Chandrababu Naidu to the Muslims of Andhra Pradesh in various election rallies:

1. Promise to maintain 4% reservation for Muslims,
2. Financial assistance of Rs.5,000 per month to each mosque for maintenance of mosques in the state,
3. Financial assistance of Rs.100000 to each Muslim for Haj pilgrimage,
4. Promise to provide interest free loan of Rs.5 lakh through Minority Finance Corporation,
5. Promise to establish Noor Basha Corporation and allocate Rs.100 crore annually for the community,
6. Promise to provide pension to persons above 50 years of age belonging to minority communities,
7. Promise to allocate space for Eidgah and graveyard in major cities for minorities,
8. Promise to provide honorarium of Rs.10,000 and Rs.5,000 to Imams and Mauzans respectively,

Master Stroke Promises: Promises to women and youth belonging to all religious communities:
A. Monthly pension of Rs 1,500 for women in the age group of 19 to 59 years,
B. Free bus travel for women,
C. 20 lakh jobs for youth or Rs 3,000 monthly unemployment assistance

In a video message on X on April 28, 2024, Chandrababu Naidu said, “Poverty is still very high among Muslims. It is our responsibility to help them in such times. In this sequence, we will save 4 percent reservation for Muslims. There is no other idea in this”. In Andhra Pradesh, NDA leader and newly elected current Chief Minister Chandrababu Naidu has promised to continue 4% reservation and other above mentioned facilities for Muslims. Just like this, at the national level, the election statements of NDA leader and Prime Minister Narendra Modi show that he is against the reservation given to Muslims. There is a huge contradiction between Chief Minister Chandrababu Naidu and Prime Minister Narendra Modi regarding Muslim reservation.

7. Bihar:

Mungerilal Commission presented its report in 1977. According to this report, 79 castes belonging to backward classes were listed. According to Mungerilal Commission, 27% of the total population of backward classes (castes) in Bihar is backward class and 36% is extremely backward class. The share of backward classes in the total voters in Bihar is 63 percent. During his tenure as Chief Minister, Bharat Ratna Karpuri Thakur provided 26% reservation for backward classes including Muslims in government services in Bihar in November 1978. Ansari, Mansuri, Idrisi, Dafali, Dhobi, Naalband etc. are included in the Muslims declared as backward classes. Muslims are getting the benefit of quota in about 3% jobs. Apart from this, Muslim community is also included in the 20% reserved for EBC in Panchayati Raj units. 8. Tamil Nadu:

In 2007, the Tamil Nadu government implemented a quota for Muslims and Christians through an ordinance. Later, 3.5-3.5 percent reservation quota was fixed for Muslims and Christians respectively. Christians gave up their share of the quota and their share was allotted to Hindu backward classes (castes). Muslims also get reservation in Tamil Nadu. Here 95% of the backward class Muslims get the benefit of 3.5% reservation.

The Bharatiya Janata Party: Against Muslim Reservation

Bharatiya Janata Party repeatedly blamed Congress in the current Lok Sabha elections and continuously spread false propaganda of being pro-Pakistan, ‘vote jihad through love jihad’, giving reservation to Muslims by ending the reservation of Scheduled Castes, Scheduled Tribes, backward classes, snatching ‘mangalsutra’ of Hindu women and ‘laying down the Ram temple with Babri’. This false propaganda is full of communal sentiments and promotes negative thoughts which are not appropriate for the ‘dance of Indian democracy’. In the current Lok Sabha elections (2024), the protest against Muslim reservation was started by the top leaders of the Bharatiya Janata Party from Karnataka and by the time it reached the last stage, it spread to states like Andhra Pradesh, Telangana, Kerala, Bihar, Rajasthan, etc. Taking inspiration from the top leaders of the Bharatiya Janata Party – JP Nadda (President), star campaigner Narendra Modi (Prime Minister), and Home Minister Amit Shah (Home Minister), the criticism of Muslim reservation is also increasing continuously by the state level Chief Ministers, Ministers, and local leaders and the voice for stopping Muslim reservation in civil services is being raised repeatedly.

They are repeatedly advocating and claiming to end the reservation given to Muslims to influence the voters in the Hindi belt. Prime Minister Modi, while addressing several election rallies, said that “As long as I am alive, I will not let them (I.N.D.I.A.) give reservations meant for Dalits, Scheduled Castes, Tribes and Other Backward Classes to Muslims in the name of religion.”

Senior BJP leader and Union Home Minister Amit Shah, while campaigning for elections in Telangana (November, 2023,) said “KCR gave reservation to Muslims on the basis of religion which is against the Constitution. If you elect a BJP government, we will increase reservations for OBCs and SC/STs instead of reservations based on religion.”

In summary, our firm opinion is that Muslims get reservation in the Centre and states including BJP-ruled states due to their educational and social backwardness. The reservation given to Muslims is not based on religion. It is constitutional and beneficial for national development. The false propaganda against Muslim reservation proved completely unsuccessful in polarising the Hindu voters. As a result, the BJP could not even get a majority in the Lok Sabha elections. The election results also proved that the Indian masses have imbibed the spirit of secularism, mutual cooperation, cordial relations and social harmony. This is the reason why Muslims also proudly say’ ‘we are also Indians.”