Andhra High Court Judgment Setting aside Minority OBC Quota Lacks Rationale
V.K.Tripathi, Professor, IIT-Delhi
On May 28, 2012 the Andhra Pradesh High Court has quashed the two months old Central Government order giving 4.5% reservation to minority OBCs within the OBC quota. The judgment says that the reservation on the basis of religion is unconstitutional. It is a strange reading of the constitution. The spirit of the constitution is that there shall be no discrimination on the basis of caste, religion or class. However, if certain communities suffer social discrimination and deprivation, it provides reservation as an instrument to neutralise it. After all what is the rationale for SC/ ST reservations in admissions, jobs, and seats in Parliament and Assemblies? That these communities have been the victims of social segregation and economic oppression, hence require affirmative action to gain equality. Same argument was applied in 1990 when Mandal commission recommendations, providing 27% reservation to other back ward classes (OBCs), were implemented. Same way, if certain religious communities suffer discrimination due to religious prejudice and leg far behind, economically and educationally, they have the right to affirmative action. In fact negating this right goes against the spirit of constitution.
SC/ ST category does not include Muslim and Christian dalits, engaged in same occupations and having same status as Hindu dalits. OBC category does include certain Muslim castes, however, this percentage is small, probably around 30% of the Muslim population. Going by Gopal Sigh Commission (appointed by Indira Gandhi) report, Justice Sachar Committee report and Justice Rangnath Mishra Committee report and by common experience, one would think 90% Muslims deserve to be in the OBC and SC/ST categories social status and educational/ economic backwardness wise. These categories cover about 75% Hindu population.
The Andhra HC judgment puts a serious question mark on all welfare schemes for minorities and strengthens the positions of people like chief minister of Gujarat who has not implemented the Centre's Minority Pre-Matric Scholarship Scheme for the last 4 years saying he is against religious discrimination while he himself watched the most violent and barbaric form of prejudice in 2002 without a semblance of efforts to stop it and with no trace of pain. It puts the future of OBC Muslim students in jeopardy who for the first time hoped to increase their intake into IITs beyond 1.5%. When OBC quota was implemented for admissions in IITs few years ago it was met with stiff opposition from the faculty and students of IITs. One may not expect sympathetic considerations for OBC minorities from these quarters. After all Ramshila poojan was held in at least one IIT.
Affirmative action is not an act of charity but a constitutional responsibility of the state to bring equality in society. It acted correctly in respect of caste prejudice. However, a severe lacuna in this policy has been the overlooking of prejudice in the name of religion. Just at the time when Mandal Commission recommendations were being implemented, a storm of hatred and violence was unleashed against Muslims, in the garb of Ram temple movement, through the length and breadth of the country. This movement hardened prejudice, gave it religious and patriotic legitimacy and brought the sectarian forces to power. Gujarat 2002 again reinforced it. Both these movements attacked the fundamental right of Muslim masses to live in the country with freedom and dignity. The political ascendency of these forces, with solid support from large sections of those in bureaucracy and those controlling economy only reflects the sectarian mindset of these classes. Religious hatred and discrimination are there for real. The staggering representation of Muslims in Parliament, Assemblies, local bodies, nursery schools, elite institutions, class I and II jobs, and higher echelons of economy in the range of1.5% to 3.5% against their population of 14% and severe ghattoization in cities speaks volumes. It is not difficult to see that Muslims (and Dalits) find it extremely difficult to rent an accommodation in Non-Dalit, Non-Muslim neighbourhoods, severely limiting their access to areas where opportunities for preparing for competitive exams exist. The environment in schools/ colleges is less inspiring for them. The selections to jobs, granting of licenses, contracts, and loans, the responses of police and administration are not free of prejudice hence a severe impediment to growth.
In the villages Muslims and Christians are like castes. They must be recognized as communities and rights to affirmative action must be extended to them. The movement for affirmative action for minorities, however, would have a vital responsibility to bear. It must counter the propaganda that it would eat up the benefits going to SC/ ST and OBCs. It is against none. It is only meant to have access to avenues of growth thus far confined to elite. All weaker sections must support each other's efforts for educational, economic and political emancipation. Genuine unity of people will build on the recognition of fundamental rights of all communities. Communities are communities first and religious later. During the temple movement when Bhagalpur riots had taken a toll of 950 innocent lives and the atmosphere was filled with apprehension, I thought raising the issue of affirmative action would only aggravate the communal fire, hence propagated the idea of priority in admission to professional courses to children of artisans involved in related professions, e.g., children of weavers should have priority for admission to textile engineering. However, the idea did not go far. After seeing years of humiliation and deprivation, I think every deprived group should be taught to stand demanding its rightful due. Affirmative action can not wipe out exploitation and discrimination but consciousness on the issue can release potential of masses for a bigger upheaval.PS: Actions may not always bring happiness; but there is no happiness without action, so act we MUST.
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Wishing you and all your loved ones greatest of times ahead!
Aspiring 2 c u happy!
Shakeel Ahmad
B.Tech (IIT BHU), MBA (XLRI), PMP
Dubai, United Arab Emirates
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