Thursday, March 25, 2010

This time it is Muslim Reservation.. Frowning!!

Just had a frown reading a news item on twitter that the Andhra Pradesh government has received a major boost with the Supreme Court upholding the validity of four percent reservation provided to backward members of Muslim community in the state.

Still frowning but just a bit relaxed that it is just an interim order. Thank you Allah!

Earlier last month the Andhra Pradesh High Court had termed a separate quota for Muslims as 'unsustainable and unconstitutional' and ruled against a Congress Government act - Reservation in favour of Socially and Educational Backward Classes of Muslims, which was passed on 23 July 2007. According to the act, 15 socially and educationally backward Muslim classes (students and employees) were to get 4% reservation.

It seems to be the season of ripe reservation. MIM (Majlis-e-Ittehadul Muslimeen)- one of the political parties opposing the women reservation is campaigning for this reservation. Cool! (More frown)

One of the points pro this act says that reservation actually began on the basis of religion. It says, an individual enjoys schedule caste (SC) status if he is a Hindu or Buddhist making his religion the deciding factor. Muslims and Christians SC people do not fall under SC reservation. (smiling & frowning)

Although plausible in the present day context, just imagine the blunder we have made in the name of SC reservation. How ridiculous it seems today that someone thought an SC cannot be a Muslim. Likewise, this Muslim reservation will also be ridiculed in the future for some silly mis-assumptions and mis-conceptions of the present.

It is interesting to look at why the High Court had opined that the Act is unsustainable and unconstitutional.

Unconstitutional simply because it is violative of Article 14 (equality before law) and other provisions pertaining to prohibition of discrimination by State on grounds of religion, race, caste, SEX or place of birth. Wonder how the Rajya Sabha approved the Women's Reservation Bill!!

Unsustainable because it failed to evolve and spell out proper and relevant criteria for identification of social and educational backwardness and inadequate representation in public employment among classes or persons belonging to Muslim community. The data which was relied on was actually collected and observed made by Anthropological Survey of India to make an anthropological profile of Indian population.

Cant fathom why the Supreme Court ignored these bases... Sometimes I think that I am just increasing my chances of static wrinkles on my forehead by frowning and getting angry on these news items. Who cares about me and my wrinkles?

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