Its election time in UP and politicians are yet again at their best, wooing different sections of society including Muslims. And again, they are back with their most potent weapon- Reservation, as if that alone is going to solve all their problems. At the one hand SP has offered 18% and Congress 9% to the Muslims. On the other hand chauvinist BJP is out with its rants like “vote-bank politics”, “Muslim appeasement”, “it is against constitution” etc etc. VHP and Bajrang Dal leaders have given a call for mass-uprising and protest against the move. And this very attitude has prompted me write this blog. The whole intention is to question the rationale for opposing reservations to Muslims than advocating it per se. Both are different, and I am trying to question the rationale and if the criteria is applied uniformly to all or is it that everyone gets a cold feet when it comes to Muslims??? One may argue over the effectiveness of reservations in alleviating poverty and backwardness of a community but the kind of arguments I came across left me wondering whether these principles are being applied uniformly to all communities or is it an excuse to deny reservation to Muslims. I am being blunt here because with regard to BJP at least it is true. I don’t intend to provoke anyone but that is how it seems. Let’s look at the arguments.
First and foremost, it is said that the move is unconstitutional as our constitution doesn’t allow reservation on the basis of religion. The fact is, numerous studies, including the recent Sachar committee report has pointed out that Muslims have slipped even below dalits in government jobs, poverty line and literacy level. So the reservation is essentially because of their backwardness and disadvantaged position not because they happen to be Muslims. It is not something that is exclusively being brought for the Muslims, it is there for SC/STs and OBC, all that is being asked for is to include Muslims as well, on account of their backwardness. If one speaks of Constitution then let me remind that the constitution was amended for the first time for the purpose of reservation only when a clause 15(4) was added and it has happened over a hundred times since independence. All you really need is a political consensus. Also, when you say reservation is not permissible on religious grounds, aren’t you denying reservations on the religious ground? If I, as a Schedule caste am entitled for reservation, why should I be denied if I convert to Muslim or Christian? Isn’t this provision means it is meant for Hindus alone? Isn’t this against the constitution (article 14,15,16- for equality, against discrimination, for equality of opportunity)? A conversion doesn’t change anything in me other than my faith; leave alone my socio-economic condition. One may argue that there is no caste system in Muslims and Christians but that is a theoretical/scriptural position not a ground reality. Mandal commission has recognized as many as 80 backward castes amongst Muslims. The fact is most of Muslims and Christians are the converts from low caste Hindus and they continued with their same profession and the same socio-economic status. Also, theoretically there is no caste system in Sikhs and Buddhists, but Sikhs were included in 1956 and Buddhists in 1990. Another interesting objection that comes along is – Reservation to SCs/STs is given due to the historical wrongs committed to them because of their lowly caste in the caste system. I think, that could be the explanation for their present socio-politico-economic status and their disadvantaged position in society, not an excuse to grant reservation. The fundamental basis of reservation is backwardness, under-representation and disadvantaged position. That can’t be a valid reason either, for the simple reason that you cannot punish or reward a person on the basis of what his ancestors were. That goes against the principle of fairness and equality. Even the national commission for minorities, a statutory body, had appealed to the government to do away with the provision in the 1950 presidential order for the SCs and STs which uses religion as the criterion for deciding the SC status. According to Tahir Mehmood, the former chairman of the commission – there must be the recognition of absolute equality of all religions and religious communities under the constitution and laws.
Now, the argument from our liberal class, to which I agree in principle, that it’s the modern education that could remove the backwardness of any community and meritocracy should not be compromised. Well, in that case, why have the system of reservation for anyone. All backward communities must be given aid to the extent of their education, so that they can compete and get jobs on the merit. My simple point is “have it for all or none”. But I think that will be too idealistic, the fact is socio-economic inequality and discrimination is a reality. The policy of reservation is based on the principle of protective discrimination that we perhaps need, to balance negative discrimination with a positive one. Equality of opportunity in absence of equality of conditions would deepen the inequalities instead. We don’t live in an ideal world and ideal solutions may not work, though we must work towards making that ideal level-playing field.
The whole idea behind writing this article was to question the rationale behind denying a community a provision that already exists for backward communities. I don’t say that reservation has done wonders for SCs/STs, which has been enjoying it for five decades. The data suggest that it has marginally benefitted them. There are reasons and that need to be addressed. The fact is reservation alone will not do wonders for any community unless the very reasons for their backwardness are removed, whether internal or external. It has to be supplemented with other schemes that are aimed at expanding opportunities for the community. The role of modern education is definitely there and that should be made available through various schemes to all backward sections irrespective of whether one gets reservation or not. Reservation at best can be a short-term solution and not the only solution in itself.
