Political Diary

New Delhi, 27 March 2010

Further Diluting Secularism

DALIT, ABSENT IN KORAN & BIBLE

By Poonam I Kaushish

There is much to be said for the wise old adage, let sleeping dogs lie. Sadly, the Supreme Court and our political leaders of today have ignored it. Leading to another wise adage: Fools rush in where angels fear to tread. Namely by revisiting the much-debated question of religion based reservation, albeit camouflaged as “social and economic welfare” for backward Dalit Muslims.  Never mind, if it further dilutes secularism! 

The Supreme Court on Thursday last restored the Andhra Pradesh Congress State Government’s Muslim Quota Bill of July 2007 providing 4% exclusive reservation in jobs and educational institutions for 14 ''backward'' groups among Muslims. Recall, the law was struck down as “unconstitutional and unsustainable” by a 7-member Bench of the Andhra High Court in February last. On the grounds that it was religion-specific, potentially encouraged conversions and violated Articles 14 (Right to Equality), 15(1) (Prohibits discrimination on the basis of race, religion and caste) and 16(2) (Equality of opportunity in employment) of the Constitution. 

Evidently, the interim order passed by a three-judge Bench headed by Chief Justice Balakrishnan saw merit in the argument that while such benefits are available to socially equivalent groups among Hindus, denying the same to backward Muslims would tantamount to discrimination. The judgment takes the overall quota in Andhra to 49%  as Muslims constitute 9.2% of the State’s 77 million people.

But, the Court, stayed implementation of a provision seen as aimed at putting the entire Muslim community, except 10 groups, under the "backward" bracket, entitled to reservations in jobs and educational institutions. The Syeds, Pathans, Arabs and Iranis, who total less than 10% of Andhra’s Muslim population have been left out of the quota ambit. Leaving it to five-judge Constitution Bench to decide the legality of the law in August .which

Needless to say the order will open the floodgates for extending the benefits of reservation to Muslims and Dalit Christians in other States. Already, Tamil Nadu, Bihar, Kerala and Karnataka have reservation and recently West Bengal CPM Government has announced 10% reservation in jobs for socially and educationally backward Muslims in the State. On the facetious plea that the yardstick of a modern democracy in measuring its success was status and welfare of the smallest of minorities. Plainly, with polls just a year away it desperately needs the minority votes to stay in power. Never mind that the status of Muslims in the State is way down the social and economic ladder, according to the Sachar Committee report.

Predictably, if this spells bad news, worse lies in store. The Apex Court judgment will only give an impetus to the already strong demands that the Central Government discuss the Justice Ranganath Mishra Commission report recommending 15% reservation for minorities, 10% cent of that for Muslims since they form 73% of the total minority population within the larger OBC quota in educational institutions and Government jobs.

Recall, the report submitted to the Prime Minister on 22 May 2007 has been hanging fire for over two years with the UPA Government reluctant to table it in Parliament. Given the Congress unease and lack of support from Parties within the ruling coalition, barring the RJP, SP and LJP and the Opposition. True, the Congress has committed to it in its poll manifesto but this is explained away as only a declaration of intent.

Privately, many Congressmen wonder why the National Commission on Religious & Linguistic Minorities headed by the former Chief Justice of India was set-up as it would create more problems, lead to a backlash from the majority community and earn the ire of the Dalits who fear that inclusion of the OBC Minorities would shrink their slice of the cake. Besides, by limiting SC quota benefits to Hindus, Sikhs and Buddhists acts as a deterrent against conversion.

However, post the strong Opposition by Samajwadi’s Mulayam, RJD’s Lalu, JD(U)’s Sharad and BSP’s Mayawati to the Women Reservation Bill in the Lok Sabha and the Opposition threatening to bring amendments to the Finance Bill the Congress has been left with a wafer-thin majority in the House. Of the 272MPs required to pass legislation it can bank on only 274. Hence the re-think on the Ranganath Mishra report.

The Congress’s ballgame is to kill two birds with one stone. First, use the Report to fox the Yadav chieftains who tried to corner the Congress and scuttle the passage of the Women’s Reservation Bill by demanding reservations for Muslims (and OBCs) within the proposed 33% quota.

If the report is implemented, it would tacitly disrupt efforts to forge an OBC-Muslim coalition to oppose the women’s quota and create a rift between the Muslims and the Yadav trio as the ruling Party hopes that the latter's duplicity in the matter of reservations for Muslims would be exposed. If they reject the proposal, they would invite the charge of being anti-Muslim. This way, the Congress could take the sting out of their campaign.

This would also appease Trinamool Mamata who too has been demanding the same. With the CPM having implemented the Report’s recommendation in Bengal Mamata is eager the Centre take the same step. In Bihar, with polls due in December LJP’s Paswan also wants the Report implemented.

Second, the Grand Dame intends using the reservation plank to optimize it vote-bank politics among the poor minorities in the cow-belt. In UP and Bihar it is attempting to woo back the Muslims and the upper castes. The report would be a good reason for Muslims, already favourably disposed towards the Congress, to come back to its fold.

On the flip side, not a few Congressmen view this as a double-edged sword. Arguably, whether the electoral benefits of a quota for Muslims is worth a possible revival of the BJP on its core ‘Hindutva’ plank. The BJP has already come out against the report alleging Congress of encouraging people to convert and reap the benefits of reservation.

Also, with the Party attempting to woo back the upper castes in UP and Bihar it would be foolhardy. In UP, the Brahmins who voted for Mayawati are now favourably disposed towards the Congress if it emerges as a winning force. Already, it surprised all by winning 20 Lok Sabha seats. In Bihar, a section of the upper castes reportedly disenchanted with Chief Minister Nitish Kumar could switch to the Congress.

Tragically, lost in this ring-a-ring-a-roses of vote-bank politics and power-at-all-cost is the most important question: Will this move not further splinter and divide already fragmented society?  Is reservation based on religion and community the answer for maintaining India’s social fabric? Does minorityism supercede equality assured by our Constitution? Does poverty have any religion? What has religion got to do with the Government’s strategy for inclusive growth? Does ‘inclusiveness of Muslims’ mean at the cost of other groups? How does it better the lot of the masses, if a few Muslims get benefited? And more important, will it lead to harmony?

 True, statistically speaking none can deny that the Muslims need a better quality life. Data collated by various commissions bring out the fact that socio-economic indicators for Muslims were below those for OBCs. About 59% were illiterate, only 10% went to school and a mere 8% opted for higher education. Worse, even as they were vastly under-represented in official jobs, they were grossly over-represented in India's prison population.

Importantly, there is no place for the Orwellian ‘more equal than others’ in a democracy. The Fundamental Rights provide for equal opportunities for all irrespective of caste, creed or sex. Let’s not fudge or forget this. Reservation for minorities will be an invitation to disaster. Does the Government want to sow the seeds of another partition? Encouraging the Muslim leadership to go communal and resurrect the Muslim League. Which could in turn result in reservation for Muslims in Parliament and State Assemblies and even separate electorate a la the British Raj?

Clearly, reservations are no answer for fulfilling the peoples’ aspirations. The Government needs to cement gaps of disunity and help bring in emotional-integration not sow seeds of separation. India of 2010 is not the India of pre-1947. When the British successfully partitioned India into two countries. What gives? --- INFA

(Copyright, India News and Feature Alliance)