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No intention to change reservation policy: Government

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Arun-Jaitley

New Delhi: The government on Monday reiterated in the Rajya Sabha that it does not intend to change the reservation policy in the country.

The clarification came as the Samajwadi Party and Bahujan Samaj Party sought to know from the government about the issue, after the RSS said demand for reservation by the affluent sections of society only reflected deviation from the spirit of the Constitution.

The issue was raised soon after the house met, but Deputy Chairman P.J. Kurien said the RSS is a private organisation and members should not be concerned.

“There is no difference in RSS and government,” Samajwadi Party leader Ram Gopal Yadav said while describing it as a “conspiracy to end reservation”.

BSP leader Mayawati alleged it was a plan for systematic destruction of reservation.

Leader of the House Arun Jaitley, however, clarified that the government has no intention to end reservation.

“The government policy is clear, reservation will continue… And the proposal you are talking about does not say what you are saying,” said Jaitley.

Mayawati, however, said that the RSS has sought reservation on economic, and not social basis.

“I want to remind the leader of the house, in Indian constitution… there are three criteria – social, education and economic backwardness. Sadly, every other day RSS is giving statement that reservation should be given on economic basis and not social,” she said, to which Jaitley immediately responded: “This is not going to happen.”

The RSS on Sunday said demands for reservation by the affluent sections of society only reflected deviation from the spirit of the Constitution.

“Reservation has helped weaker sections of the society and if the affluent sections demand reservation, it does not sound good,” RSS general secretary Bhaiyyaji Joshi told media persons at Nagaur, Rajasthan.

(Agencies)

Row over RSS chief Mohan Bhagwat’s quota remark

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Mohan Bhagwat

New Delhi: The remarks by RSS chief Mohan Bhagwat on quota triggered strong reactions from the RJD and the Congress on Monday, with the RSS issuing a clarification and the BJP seeking to end the controversy by saying it was not in favour of reconsideration of reservation.

Seizing on the remarks by Bhagwat made in the run-up the crucial Bihar assembly polls, Rashtriya Janata Dal chief Lalu Prasad dared him and the Bharatiya Janata Party (BJP) to end education and job quotas.

“I challenge the RSS and the BJP to end reservations,” the former Bihar chief minister posted on Twitter.

Lalu Prasad said 80 percent of the country’s population was made up of Dalits and backwards who would oppose any attempt to do away with reservations.

“The RSS is talking about ending reservations and we are talking about increasing it on the basis of the population,” he said.

Sensing that Bhagwat’s remarks made during an interview was turning into a big political issue, both the Rashtriya Swayamsevak Sangh and the BJP came up with separate statements. The RSS is seen as the ideological fountainhead of the BJP.

Apparently distancing itself from the remarks, the BJP repeatedly said it does not favour reconsideration of the reservation policy.

“The BJP firmly believes that reservation is important for the social, education and economic development of the SC, ST, OBC, Backwards and extremely backwards classes. The BJP is not in favour of any reconsideration of these constitutional provisions,” the party said.

“Right from the day of its inception and even before the Jana Sangh days, the BJP very firmly supported the constitutional reservation for the SC, ST, OBC, backwards and extremely backwards classes,” the party said.

“However, the BJP is further of the view that if further measures are suggested for those who are economically and socially backwards, then the same is welcome,” it said.

Union minister Ravi Shankar Prasad also spoke to the media and said there should be a debate how to extend the benefit of reservation to those poor and backward classes who have been left out.

Bhagwat on Sunday pitched for a review of the reservation policy, contending it had been used for political ends and suggested setting up an apolitical committee to examine who needs the facility and till when.

With the controversy brewing up over Bhagwat’s remarks, the RSS in a statement suggested that its chief’s remarks during the interview were misconstrued in the media.

“Bhagwat ji has not commented on the reservation being availed by different weaker sections of the society,” RSS chief spokesman Manmohan Vaidya said.

“Instead, he had said that everybody should discuss how benefits of reservation should reach all weaker sections of the society as envisaged by the constitution makers.

“The subject of the interview was integral humanism, not reservation,” the statement added.

Congress spokesperson Randeep Surjewala slammed Bhagwat’s remark on quotas and also targeted Prime Minister Narendra Modi on the issue, alleging that as chief minister of Gujarat, Modi had pursued “anti-Dalit” policies.

He said Bhagwat sought a “review of reservation for the Scheduled Castes, Scheduled Tribes and backward classes”.

“It is a manifestation of the anti-poor mindset espoused by the RSS and the BJP. The RSS-BJP combine continue to spread polarising agenda to undermine the rights of deprived and underprivileged, particularly the SCs, STs and Other Backward Classes,” Surjewala alleged.

He said the Congress introduced the system of reservation for SCs, STs in government employment, educational institutions as well as elected bodies as part of affirmative action enshrined in India’s Constitution.

Surjewala alleged that Modi as chief minister of Gujarat did not hold a meeting of SC Sub Plan (SCSP) and ST Sub Plan (STSP).

“The policy had not been intentionally implemented on account of malafide and malicious intent of the then chief minister,” he alleged.

Surjewala said the population of SCs in Gujarat was 14 percent but allocation of budget for them was only 5.42 percent when Modi was the chief minister.

(IANS)

SC quashes extension of OBC reservation to Jats

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Supreme Court India

New Delhi: The Supreme Court on Tuesday quashed the March 4, 2014, notification by the then UPA government extending OBC reservation to Jats in nine states, ignoring the recommendation of the National Commission for Backward Classes to the contrary.

An apex court bench of Justice Ranjan Gogoi and Justice Rohinton Fali Nariman said: “We can’t agree that politically organised Jats are backward class so as to be entitled to OBC reservation.”

“Inclusion of politically organised class such as Jats… can’t be affirmed,” said Justice Gogoi pronouncing the judgment.

The court said that inclusion of politically organised castes like Jats in the OBC list is not good for other backward classes.

The UPA government had announced reservation for Jats in 2014 by including them in the OBC category on the eve of the Lok Sabha elections. However, a group of petitioners claimed that Jats were politically and socially advanced and that the decision to extend reservation to them was electorally motivated.

(IANS)

What BJP did to hurt Muslims in Maharashtra

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The state decided not to convert the ordinance, allowing five per cent reservation in government jobs and education for Muslim backward classes, into a law.

Muslims-in-India

by Sanjay Nirupam

The Maharashtra government’s decision not to convert the ordinance passed by the previous Congress government, allowing five per cent reservation in government jobs and education for Muslim backward classes, into a law can best be described as obnoxious. The ordinance was promulgated towards the fag end of the previous government. The BJP-Shiv Sena government has allowed it to lapse.

Contrary to popular perception, the reservation was not for all Muslims in the state. It was meant only for the backward classes practising Islam. If backward classes in the Hindu religion can claim reservation, what is wrong if the same logic is applied to other religions?

It was not a political decision by the Congress government to offer such reservation just before the elections. The decision was taken after a fact-finding committee, on the lines of the Sachar Committee, submitted its report to the state government. The committee worked for almost eight years and after exhaustive consultations and discussion, it submitted a report on the plight of the most backward communities among Muslims. The government simply acted on the recommendations of the committee. Many have questioned why the government chose the ordinance way and promulgated it on the eve of elections. The fact remains that the study took several years and the government was running out of time.

The Indian Constitution doesn’t allow reservation on the basis of religion and the previous Maharashtra government did not violate the provisions of the Constitution. The five per cent quota was offered on the basis of caste, not on the basis of religion. The same ordinance also offered 16 per cent reservation for Marathas. Within days of it being promulgated, it was challenged in Mumbai High Court. The court rejected the Maratha reservation but upheld quota for Muslim backward classes. Interestingly, the BJP-Shiv Sena government went against that High court order and continued with reservation for Marathas.

The new government of Maharashtra has expressed helplessness saying that the ordinance died a natural death. But it is the responsibility of the government to re-enact an ordinance or convert it into a law. It was a deliberate failure on the part of the government. However, this is expected of the BJP which believes in communal and vindictive politics. The decision was taken only to hurt Muslims.

The views and opinions expressed in this article are those of the authors and do not necessarily reflect our official policy or position. This article first appeared on DailyO.in.

Muslims deserve reservations, Owaisi says

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Asaduddin Owaisi Bhatkal

Beed: The former Congress-NCP government in Maharashtra kept the Muslim community backward and it deserves reservations, MIM leader Asaduddin Owaisi has said.

The Sachar committee and other similar panels had recommended reservations for the Muslim community, he pointed out.

“The Congress-NCP government kept the community backward and denied it benefit of reservations,” Owaisi alleged.

The All India Majlis-e-Ittehadul Muslimeen chief was addressing an election rally here on Tuesday.

As per the Articles 15 and 16 of Indian Constitution, a community which has remained backward should be given reservations, he said.

The Lok Sabha MP from Hyderabad clarified that his party is not against the reservation to the Marathas, but Muslims too should get their right.

After the Bombay high court stayed the Congress-NCP government’s decision to offer quotas to Marathas and Muslims last year, the new BJP-Shiv Sena government got passed a Bill in the state Assembly in December 2014 which gave reservation to Marathas in education and government jobs, but left out the Muslims.

Owaisi also said that many Muslims are languishing in prisons without trial and even charge sheets are not filed for years together in such cases.

Muslims account for only four per cent of Maharashtra police force and three to four per cent of government servants, therefore, reservation is necessary for them, he said.

Journalist-turned MIM legislator Imtiyaz Jaleel said that Muslims were more backward than Dalits and for the last 65 years, they have been treated only as vote bank.

“Now, the NCP and Congress are scared as we (MIM) have entered the fray. We will contest the municipal elections,” Jaleel said.

(PTI)

Muslim quota row: MIM to launch stir on January 6

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asaduddin-owaisi

Mumbai: Majlis-e-Ittehadul Muslimeen (MIM) will launch an agitation against Maharashtra government’s decision to scrap job reservations for Muslims.

The party will hold a rally in Beed on January 6, to be addressed by party President Asaduddin Owaisi. MIM MLA from Aurangabad, Imtiaz Jaleel and Byculla MLA Waris Pahan will also be addressing the gathering which will be attended by party workers from across the state.

The party has asked all MIM units to submit a memorandum to respective district collectors or tehsildars on January 6 to register their protest against the state government’s indifferent attitude towards reservation for Muslims, Jaleel said.

“The state government has brought a bill in the Nagpur state legislative assembly session in December that will enable 16 per cent reservations for Marathas while refusing to bring an ordinance for continuing reservations for Muslims,” he said.

The matter related to reservations for Muslims and Marathas is scheduled to be heard in the Bombay High Court, after the Supreme Court refused to entertain the petition of the state government.

(PTI)

Bombay HC quashes Muslim, Maratha reservation in Maharashtra govt jobs

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Allows reservation to Muslims in educational institutions, Chief Minister evades comments on Muslim reservation but says the state will challenge the decision in SC.

bombay_high_court

Mumbai/Agencies: The Bombay High Court Friday put a hold on Maharashtra government’s decision to give 16% reservation to Marathas in public service and educational institutions. The High Court also stayed the state government’s decision to provide 5% reservation to Muslims in public service, but allowed them reservation in educational institutions.

On June 25, 2014, with an eye on the state assembly elections, erstwhile Congress-NCP government had approved 16% reservation for Marathas and 5% for Muslims in government jobs and education institutions.

While hearing the PILs challenging reservation for the two communities filed by social activist Ketan Tirodkar, an NGO Youth for Equality, Anil Thanekar, I S Gilada of Indian Health Organisation and others, the bench concluded it was not up to the state to treat the Maratha community as a ‘backward class’.

“Rather, the National Commission for Backward Classes and the Mandal Commission has concluded the Marathas are a socially-advanced and prestigious community,” the court said, citing the findings of the Mandal Commission (1990), the National Commission for Backward Classes in February 2000 and a July 2008 report of the Maharashtra State Backward Class Commission (Bapat Commission).

The bench noted several flaws in the report of the Narayan Rane Committee that had recommended the inclusion of the Maratha community in the socially- and economically-backward class, and which forms the basis of the 16 % reservation in favour of the community.

The bench observed that the Rane committee did not refer to important rulings of the Supreme Court and findings of other commissions.

The state government, however, has decided to challenge this decision in the Supreme Court, with chief minister Devendra Fadnavis saying he will take all possible steps to remove the stay on the Maratha reservation. But, he did not comment on reservation for Muslims as the BJP has been opposed to it.

“The state government is fully supportive of Maratha quota. We will appeal in Supreme Court on the High Court ruling. We will take measures to ensure that the quota remains,” Chief Minister Devednra Fadnavis told reporters on the sidelines of an event in suburban Vile Parle.

Fadnavis further added, “If the court has pointed out any discrepancy in law, we will remove any lacunae in law during the winter session of the State Legislature in Nagpur.”

The court was of the view that the comparative data provided by the government justified its decision to introduce reservation for Muslims in government educational institutions. It, however, excluded private educational bodies from the purview of reservations for the minority community.

The government defended its decision on reservation to Marathas and Muslims contending that the two communities were socially and educationally backward and also economically poor. It said the decision was based on the report of a committee headed by former minister Narayan Rane set up to look into the issue.

The government said it had taken into consideration recommendations of Rajinder Sachar Committee and Mahmoodur Rahman Committee, both of which had recommended reservation for Muslims, while arriving at the decision to provide quotas for them.

Former journalist Ketan Tirodkar is his public interest litigation (PIL) noted that Marathas have been wrongly categorised as socially and educationally backward. It claims Marathas are not a caste, they comprise a linguistic group. Tirodkar adds Marathas are a dominant community, not a backward one.

52% seats in government jobs and educational institutions were already reserved for the targeted groups and the Congress-NCP government had, in the run up to the Assembly poll, raised it to 73 per cent by announcing 16 per cent quotas for Marathas and five per cent for Muslims.

Reservation already exists among OBCs for a section of Marathas known as Kunbis. Maratha Kunbis, who are largely agriculturists, constitute 31.5 per cent of the total Maratha population and have a large presence in Vidarbha and Konkan.

Apart from former chief minister Prithviraj Chavan and former deputy chief minister Ajit Pawar, a majority of the education barons — DY Patil, Patang Kadam, Kamalkishore Kadam and Pawars of Vidya Pratishthan — belong to the Maratha community.

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