Dalit Muslim Reservation

                               The concept of Dalit among Muslims was started from Bihar in 1994 by backward Muslim Morcha start with, there was severe controversy within the community and was termed as division in the religious chunk-a phenomenon alleged to be created by communal forces. Under the effect of continuous exert for the last 16-17 years that it is gradually accepted not within the community only but also by political parties, national commissions & supreme court too. The movement was started against the constitutional discrimination going on with the weakest section of the Muslim community since 1950(from the last 61 years). Even today their caste names are present in the statewise list throughout India(the schedule was prepared in 1936). If you look into Delhi state list, you will find names like Banjara, Bazigar, Mochi, Dhobi, Dom, Julaha, Khatik, Kanjar, Laibegi, Madari, Nat, Pasi, Sansi, Sapera, Sikigar etc( among the three dozen total castes) who are found in Muslim community too.such Muslim biradaris(castes) have been denied the status of scheduled caste since 1950, though initially they were entitled to avoid it from 1936-1950. The Govt order(scheduled caste) 1936, issued from Britain had kept only Indian chiristians out of it.But in independent India,this reservation of scheduled caste was restricted to only Hindu Dalits. The presidential order 1950, issued by Hon’ble President Dr.Rajendra Prasad under article 341(1) of the constitution mentioned in its paragraph-3 as “ No person who profess a religion different from Hinduism shall be deemes to be a member of schedule caste”. Thus the Non Hindu Dalits, who were declare fit to avail the S.C reservation in earlier order 1936, were made unfit in a jerk in 1950. The para-3 of P.O 1950 was against the letter & spirit of secularism and was unconstitutional, void & discriminatory as per the fundamental rights conferred to Indian citizen under Article 14, 15, 16 & 25 but no Muslim leadership bothered for it till 1994.Leadership among sikh & Budhist were aware and they got it back in 1956 & 1990 respectively but Dalit Muslims are still waiting for their re-entry from the last 61 years.

After sachar committee report, which advised for Dalit Muslim reservation(DMR), the issue entered in to the central cabinet on 17.05.2007 on 21.05.2007 Rangnath Mishra’s commission report was also handed over to PMO. It also supprted DMR strongly. Petition was also field in apex court in 2004 by chiristian community challenging the validity of para-III of the presidential order 1950. After a lonh hearing for 7 years the apex court passed a tough order on 21.01.2011 directing the central Govt to submit its views in the court on this issue.For its final disposal the central Govt has not given any reply till now though it was to be done lastly by 24.02.2011. In Mandal commission Judgement,1992 the 9 judges bench has already declared, the para-III of presidential order 1950 as discriminatory.

 When the Issue was raised by me & some others in Rajya Sabha, the minister for social justice used to take excuse of its subjudisation in S.C. Now when Supreme Court itself is asking from the last 7 years (with final order this year) the Govt is making hide & seek. Why the central Govt is behaving like this, nobody can even guess, ofcourse the matter is is to be solved now by Supreme court itself but it is waiting only for the Govt’s reply.The congress should not make a delay now. The loss of 61 years which the major chunk of Indian Muslims have already faced, can’t be patched up now.For this we can’t blame the Govt. alone Muslim leadership is more personal law & institutional disputes than the basic problems of bread & butter,illiteracy, economical backwardness poor living standards & healthcare of the society, so the Govtacted accordingly. Now he Govt is well aware of this injustice so it should solve the problem at problem at the earliest possible.

          Dr.M.Ejaz Ali

             Ex.MP,New Delhi