By Sabir S. Ghaffar,
The Constitution is the State Religion of India. Every state, administration, judiciary, and every citizen is duty bound to abide by the Constitution. Equality of every citizen irrespective of caste, religion, language, place of birth, profession etc. is the vision and aim of the Constitution. If in any office, or state administration, or in any post the representation of any community is below its proportion of population, it must be understood that inequal treatment has been meted out to that particular community.
According to the Constitution, any form of discrimination based on religion, caste, race, and gender is punishable by law. Yet no observer can deny that caste is a ubiquitous aspect of Indian social life. Caste is something that the state does not recognize and approve of, but its presence is undeniable.
State-wide Feb. 2010 campaign by Jamiat Ulema-e-Hind for Muslim reservation in West Bengal
Empowerment of the community through legal, constitutional ways
We can be proud of having such a secular, democratic constitution of ours. Our constitution can be described as one of the best in the world. I would like to cite certain vital clauses of Indian Constitution which ensure Minority Rights.
Article 14: Equality before Law
Article 15(1): Prohibition of Discrimination on the ground of religion, race, caste, sex, place of birth etc.
Article 15(4): Enabling provision for advancement for socially and educationally backward citizens including SC/ST
Article 16(1): Equality for Educational Opportunities
Article 16(2): Protection against discrimination on employment
Article 16(4): Enabling Provision for making reservation in employment
Article 25: Freedom of Faith etc.
Article 29: Protection of Culture, language etc.
Article 30: Right for establishment and administration of educational institutions by the minorities according to their choice.
In addition to the above constitutional guarantees, there are volumes of recommendations by various commissions such as:-
1. 1985 Kaka Kalekar Commission
2. 1980 B.P. Mandal Commission
3. 1983 Gopal Singh Panel
4. 1986 National Policy On Education With A Separate 5. Chapter For Minority Education
6. 2006 Sacchar Committee
7. 2009 Ranganath Misra Commission
State-wide Feb. 2010 campaign by Popular Front of India for Muslim reservation in West Bengal
It may also be noted that several state level committees and commissions were also constituted in the same direction. If we analyze the situation in its reality of contemporary Indian situation in respect of the minorities it is not at all happy. Sachar Committee and Ranganath Misra Commission both agree that the Muslims in the country has been neglected like anything and in many cases their position is lower than SC/ST. Sachar Committee which looked into the various problems connected with equity, identity and security reveals that the position of the Muslim minority in India is really deplorable. If you verify all the development indicators, Muslims are in the lowest minimum. Both these commissions are of the view that empowerment of the community can be possible only through the united effort of the Community. Both these committees have arrived at a conclusion that unless political power is gained things will go from bad to worse.
Sachar Committee Report
On 9th March 2005 The Prime Minister’s Office in India, through a Press Release, had ordered a High Level Committee headed by former Delhi High Court Chief Justice Rajinder Sachar to find out the social, economic, educational status of the Indian Muslims. By November 2006, the committee submitted its findings in the form of a Report to the Prime Minister’s Office. The findings of the Report included the states and districts in which Muslims were concentrated, their occupations, their income and property, the literacy level in the community, school drop-out rate, child death rates etc. and their comparison with other communities, the percentage of Muslims in government and private jobs, the percentage of Muslims getting Bank Loans, the availability of educational and health services to the community, and even the percentage of Muslims included in the OBC category in various states.
In this Report, it is found that the Muslim population of West Bengal state stands at 25.2%, however only 9.2% have got bank loans and only 2.1 % are in Government Jobs. This Report also compares the conditions of Muslims in various states. Amongst the recommendations of the Sachar Report are increasing the participation of Muslims in the Political process in order to bring them into the mainstream, giving importance to madrasa education, increasing the percentage rate of Muslims in government and non-government jobs, helping the community to get loans from banks and other agencies, as well as improving the infrastructure in Muslim concentrated districts and areas. However, the Sachar Report stopped short of recommending reservations for Muslims in education, jobs and other sectors. However on the basis of the facts and figures including detailed research by the committee and included in the report, it was beyond doubt that the Indian Muslim community was a backward community, and the unfavorable bias of the State and Administration towards the Muslim minority was to a great extent responsible for this backwardness of the community. Without ‘affirmative’ action by the state, and serious policy changes to uplift the single largest religious minority of the country, it will not be possible to take out the community from this backwardness. In spite of the Sachar Report falling short of recommending Reservation of the Muslim minority of the country proportionate to their share in population, in order to materialize its other recommendations extending reservation to the Indian Muslim community in all spheres was important.
Ranganath Mishra Commission Report
In the year 2004, the government of India formed a commission “National Commission For Religious and Linguistic Minorities”. Former judge of Supreme Court Ranganath Mishra was appointed Chairman of the Commission. Its purpose was to identify the socially and economically backward people among religious and linguistic minorities. The commission was meant to recommend reservation and other development-oriented measures for educational and economic development of this portion of the Indian citizens.
The commission submitted its report to the Prime Minister in 2007. After that no proceedings and movements were seen in this regard. Some part of the report got leaked and was published in the Hindu newspaper. (The entire report was published on TwoCircles.net) Later it was produced in the winter session of the Parliament in December 2009. The commission has given suggestion on many issues like education, job, administration and legislative system. The recommendations are made considering the 16(4) of the Constitution. While the recommendations were made, the provisions of article 16(4) were kept in mind.
Two recommendations are very important. Firstly, 15% posts in every Central and State Government department must be reserved for minorities — 10% would be for Muslims and 5% for other minorities. If Muslim candidates are not found for the above mentioned 10% posts, then those would be filled with candidate from other minority communities. By any means it must not be done with candidate from the majority part. Secondly, if it becomes a judicial deadlock with the situation which cannot be avoided, the recommendation is that among the total population of other backward classer 8.4% is minority. For that reason from the total 27% reservation for OBC’s 8.4% seat must be kept aside for minorities. This 8.4% would be divided into two parts – 6% for Muslims and 2.4% for other minorities.
Two things are also attached with this issue. One is that in the 3rd paragraph of 1950’s Constitutional Order, only the backward part of Hindu population was considered and they were recognized as Scheduled Caste. Sikhs and Buddhists were included later.
It was done clearly on religious basis. Muslims, Christians and Parsees were not included and the reason behind that was also religious consideration. Then how does reservation remain a secular process? The commission justly recommended abolishing the directive principles of the Constitution of 1950’s. The recognition of Scheduled Castes and Scheduled Tribes should be done secularly. That means, the manner in which a portion of the Hindu population namely Scheduled Castes and Scheduled Tribes are given recognition and reservation, Muslims and other minorities should also be given the same privilege of reservation like them.
Mishra Commission and Responsibility of Central Govt
In order to materialize the recommendations of the Ranganath Mishra Commission, the Central Government’s role is most significant. In order to declare any community SC/ST the Central Government needs to pass legislation in Parliament, in the same manner in order to materialize the 15% reservation for Minorities the central government will need to play a significant role. The problems in extending reservation to minorities as came out in the Balaji case, the central government will need to ensure that the reservation for minorities is extended by overcoming the problems by adopting adequate measures, including amending the constitution to allow reservation for any community ‘backward’ in proportion to its population. In the Balaji case 50% had been capped as the highest permissible quota. In the Commission it has been shown that as per article 15(4) of the Constitution, any community may be declared as backward and required measures and ‘ affirmative action’ may be taken to remove the backwardness of the community.
Reservation for Muslims in West Bengal
What is the Government Announcement?
Religion cannot be the basis of this Reservation. The sole criterion is backwardness. From now on, 10% jobs are reserved for Muslims who remain economically, educationally and socially backward. Already there is 7% reservation for other backward class which reaches 17% after addition of this 10%. This privilege is only for Muslims who are lagging behind. The leading Muslim population will not be under the ambit of Reservation. Muslims having a yearly Income of 4.5 lakhs or above are out of this Reservation. Presently Reservation will be provided in the job sector.
Majlis Ittehadul Muslimeen conference on Muslim reservation in March 2010 in Hyderabad
What is the process of identification of the backward Muslims?
A commission has been working in West Bengal on this regard. After receiving application from relevant person the commission will investigate the case, summon the applicant as witness, visit the area if needed, and will take the decision. As many as 12 sections of Muslim community are already in the OBC list. Three-four new sections are going to be included. Another 10-12 new applications are with the Commission for consideration. The Chief Minister of West Bengal has promised to see that the total process is accelerated.
The Total Process will comprise of 3 stages; Firstly, identifying the backward section, secondly, identifying the rich section whose yearly income is 4.5 lakhs or above ; Thirdly, supplying the identified persons with certificates by the respective Govt. Official at the earliest.
What will be the Process of Implementation? Whether it will be through a bill in the assembly or through an Ordinance or by an administrative order it will be finalized later through observation. The Chief Minister has announced formation of a Committee that will look upon the entire situation. Representatives from the State Minority Development, OBC Welfare Department, and two commissions – Minority Commission and West Bengal Commission for Backward Classes would be engaged in this matter.
Who will benefit?
Muslim population in West Bengal is more than 2 crore. In percentage it is 25%. About 8.3% of the total Muslim population belong to the OBC list which stands at 16,38000. In this State the OBC list comprises 66 communities which include both Hindus and Muslims. Among them 12 are Muslims.
The literacy rate of the Muslims in West Bengal is very poor and stands at 54.5%, while the literacy level in the state stands at 64.6 %. The literacy rate amongst Muslim women in West Bengal is a poor 49.8% while the Women literacy level in the State stands at 59%. Madhyamik level school drop-out rate in the state is 78.74% while in the whole of India it stands at 62.54%. Mishra Commission report has mentioned the poor administration and facilities in Muslim girls hostels in the State. The Chief Minister of West Bengal Mr. Buddhadeb Bhattacharya has informed the Ranganath Commission about the very less number of Muslim educational institutions in the State. The Ranganath Mishra Commission Report has recommended 15% reservations for minorities in the country, out of which 10% would be for the single largest religious minority Muslim community. It has also recommended lessening the cut off marks, reducing price of forms, and other facilities extended to the SC and ST community in the country. It has also recommended special facilities in education for Muslim girls in particular.
In the 30 years of Left Front rule in West Bengal, the representation of Muslims in government jobs is lowest among all the states of India. The CPI-M led Left Front Government should have extended reservation to the Muslim minority community much before the forming of the Sachar Committee or Ranganath Mishra Commission. However the CPI-M led Left Front government kept harping on the constitutional obstruction to extending reservation to any religious minority or community. However there would have been no constitutional barrier to declaring the Muslim community as ‘backward’ and extending reservation benefits to the community on this basis. Many other states like Karnataka and Kerala in India had extended reservation benefits to the Muslim community much before the forming of the Sachar Committee was announced. Even Tamil Nadu has declared the Muslim community as OBC and the Muslims thereby stand to gain from the 70% reservation extended to the OBCs in Tamil Nadu. In West Bengal 12 sub communities amongst the Muslim Community were declared as OBC, however the OBC enjoy only 12% reservation in the State and no reservation in higher education. Therefore, in West Bengal, neither the Hindu OBC nor Muslim OBC has benefitted much from this.
In Kerala the reservation for the OBC is 40% (Muslims 12%, Erauya 24%, Latin Catholic 4%, Nadar 2%, ST 1%, dheerab 1%, vishwakarma 3%, other backward communities 3% ) and for schedule castes 10%. Had the CPI-M led Left Front State Government in West Bengal wanted they could have extended reservation benefits to the Muslim Community by declaring them as “backward”. However their version of not being able to include Muslims in the Reservation gambit due to constitutional barriers is nothing but a Big Lie to cover up their shortcoming.
After the Ranganath Mishra report was placed in parliament, the Chief Minister of West Bengal Mr. Buddhadeb Bhattacharya announced 27% reservation for the OBC and 10% reservation was extended for the Muslim community in the state. However, the ambit of this reservation was limited to jobs and not education sector. On 8th February 2010 the announcement was made by the chief minister and on 9th February 2010 the CPI-M mouthpiece Ganashakti carried an article with the headline “10% reservation for Muslims in the State: The first step by West Bengal state in the light of the Mishra Commission report”. The CPI-M actual tried to bluff the Muslims by propagating that all these years the Muslim community could not be brought under the ambit of reservation due to constitutional barriers, however after the Ranganath Mishra Commission was tabled in Parliament, West Bengal was the first state in India to extend reservation benefits to the Muslim community.
However there are some serious questions to the 10% reservation extended to the Muslim community in West Bengal;
* Out of 2 crore Muslims residing in West Bengal, how many would be benefitting from this 10% reservation? In the current OBC List only 12 sub-communities of Muslims are included which are jola, fakir, hauyari, dhunia, kasai, nasa sheikh, pahariya muslim, shersabadi, bayen, hajam, chauduli, and batidar. The State Government puts their combined numbers at 15,38000. This number is merely speculation, as there is no official census to prove this. Khota, sardar, and beldar are also going to be included in the ambit of OBC, whose combined numbers stand at 10 lakhs as per the state government version. Apart from this mahaldar, abdaal, basni, and kankhalifa will also be brought under OBC. Thus the total number of Muslims which would be brought under OBC category would be less than 40 lakhs in number. This is less than 20% of the Muslim population of West Bengal. 60% of Muslims of West Bengal will still stand deprived of the advantages of Reservation. One more problem is the fact that Muslims have no solid proofs to prove their caste identity due to the absence of caste system in Islam and Muslim society, thus they face immense difficulties in securing OBC certificates.
* A few examples in this case might be helpful. There is a community among Muslims named ‘Guri.’ They are basically fishermen. Actually they are called so because they catch tiny (Guro) fishes. In my village only, there was a ‘Guripara’. Berhampore has a road named Gurimahal Road. Non-Muslims who catch fish enjoy reservations as schedule castes. The question is that why the Muslims doing the same work will be left out of reservation? In my village only, there was ‘Kolupara’. The Kolus make oil that means they produce mustard oil in wooden machine using cattle power. The number of Muslim ‘Patuas’ cannot be neglected. They live in Midnapore and are inside reservation. But ‘Lodha’ Muslims in that same Midnapore are not under the ambit of reservation.
* The ‘Lodhas’ live on primitive hunting system and their behavior, customs are almost like tribals but they are Muslims in their religious belief. In Midnapore there are also the ‘Kelas’ and ‘Kherias’ who have many things in common with the Hindu tribes. As Hindu the tribes are enjoying reservation but ‘Kherias’ miss it only on the ground of being Muslims. There is the ‘Ghoshi’ community in Barrackpore and Kharagpur who once came there from North India. They raise animals. ‘Tantias’ live at different places in Midnapore. They are connected with sericulture. There is a community named ‘Dhakuri’ at Amdanga, a place very near to Kolkata. They are very few in number and very poor in status. They recycle old clothes by making ‘Dhokra’ (heavy bedspread). There is a community called ‘Penchi’ at Aurangabad in Murshidabad. Their number is considerable. Some Muslims earn their livelihood as cobblers. Hindu cobblers are inside the periphery of reservation but Muslim cobblers are left out of it.
The second question is related to the percentage of reservation. The percentage recommended by the Ranganath Mishra Commission Report was 10%. This is a fair percentage keeping in mind that Muslims from 13% of the total Indian population. However, in a state like West Bengal where Muslims comprise 25.3%, at least 20% reservation must be extended to the community in education and jobs. Like in states like Rajasthan, Madhya Pradesh, Haryana, Tamil Nadu, and Orissa where Muslims comprise less than 5% of population, the 10% reservation will not be extended to them.
The third question is related to the economic criteria for reservation. As per the State Government announcement, only those Muslims would be eligible for reservation whose income is less than Rs 4.5 lakh. Thus, children of school teachers or college teachers will be deprived of advantages of reservation. Thus it stands that one would not be able to apply for high posts in administration. This announcement would be welcome if the state Government had said that those with below the cap of Rs 4.5 lakh income per annum would be given first preference to the creamy layer.
If the CPI-M led Left Front State Government is actually serious in extending the Reservation benefits to the Muslim community in West Bengal they must:
* Declare the entire Muslim community in West Bengal as Backward Community.
* At least 20% posts must be reserved for Muslims in Government and semi-government jobs, Medical and engineering seats, and in all spheres of education.
* The state Government must say that those with below Rs 4.5 lakh income per annum would be given first preference to the creamy layer, however the creamy layer must not be deprived from the advantages of reservation.
It is through reservation benefits extended to them that the Muslim community in Kerala has been able to progress in education and jobs and empower themselves politically and socially. Even in Andhra Pradesh Muslims have been able to secure reservation for themselves by taking advantage of the constitutional articles for reservation in 340, 15(4) and 16(4) of the Constitution of India.
Article 16(4) of the Constitution lays down – “Nothing in this article shall prevent the State from
making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.” This article can be called a safeguard for minorities in order to enjoy benefits of “Reservation” as an “affirmative action “by the government. Kerala and Andhra Pradesh Muslims have been able to secure “reservation” for themselves on the basis of this article.
(The writer can be contacted at [email protected])