Anti-Constitutional overtures boomerang!
Dr Pravin Togadia
But the Union Government did not learn any lesson. It not only announced bigger percentage to Muslims snatching from OBCs and intended to snatch further from Scheduled Castes, Tribes and from Open Merit to give more than 9 per cent to Muslims! It already gave millions of rupees as special quota to Muslims! Then it went ahead to Supreme Court challenging Andhra Pradesh High Court decision to scrap 4.5 per cent national quota to Muslims snatching from the real needy OBCs.
The Supreme Court not only objected to the appeal but also questioned the very basis of the whole khairat that the Government had planned to shower on Muslims – that is the much tommed tommed report—Sachar Committee Report. Slamming the Government, the Supreme Court said, “The Government’s decision to implement 4.5 per cent sub-quota from January this year did not prima facie appear to be supported by Constitutional provisions… The December 22, 2011 office memorandum on the issue of sub-quota did not have the legislative support. Unlike the 27 per cent to OBCs in central education institutions, the carving of 4.5 per cent sub-quota is not supported by even a law. It also appears that the carving of 4.5 per cent sub-quota was purely based on religious considerations. We are not inclined to grant stay.” The Supreme Court also specifically asked the Government, “You are giving them from 50 per cent, you are giving them already from 27 per cent OBC and now you want to give them specially 4.5 per cent exclusive. Why this religion-based discrimination?” Government had no reply to such a direct question on triple reservation to Muslims.
It does not really stop here! Shameless overtures to snatch from all castes Hindus – Scheduled Castes, Other Backward Castes, Tribes and also Open Merit needy – to appease Muslim vote bank spans across many political parties, many states and in many fields – education, jobs, loans, land, businesses, subsidies, salaries to Maulavis, favours on Urdu and so on. The Supreme Court slap is all encompassing covering all that is such religion-based.
There are some significant points that spring up from the Supreme Court observations. If analysed thoroughly, these are the strong basis points for further halting many Governments’ vote-greedy anti-Constitutional overtures! These are:
o Religion-based reservations are unconstitutional as many High Courts and now the Supreme Court have given judgements to this regard. 4.5 per cent or any reservation to Muslims is religion-based.
o Appointment of the Sachar Committee is itself unconstitutional as its Terms of Reference are religion based. It is against all Supreme Court judgements on secularism (refer to the 2008 case in Delhi High Court – petition against Sachar Committee by Rashtriya Mukti Morcha, appeared for them : Advocate PN Lekhi. Bench: Justice Thakur and Justice Siddharth Mridul who termed the Sachhar Committee ‘Unconstitutional move by the Government’)
o Sachar Committee report has no reference or study about the actual comparison between Muslim OBC’s educational and economic status and the same of Hindu OBC. The details of their survey limit themselves to Hindu SC / Hindu OBC / Hindu others / but Muslim all. No Muslim OBCs.
o If there is no study that proves that Muslim OBCs are far behind Hindu OBCs, then how and on what basis the Government has been giving quota or preference to Muslim OBCs over Hindu OBCs? This itself is invalid and preposterous.
o As per Sachar Committee report itself, Muslims in 9 states are educationally much more ahead than Hindus. Why should Muslims get benefit of any quota?
o The methodology and sample sizes of the Sachar Committee studies are not up to the international standards for any social or demographic survey. In this situation, any conclusion or recommendation thereof cannot be taken as valid.
o Sachar Committee’s conclusion that Muslims in Bharat are economically and educationally backward is invalid. National Sample Survey in 24 states and Union Territories proves that the average Muslim household at national level spends more (Rs 40,327) than the Hindu household (Rs 40,009).
o Incidents of infant and child mortality, degree of urbanisation and average life expectancy at birth are the three internationally accepted parameters for economical status. In all these three, Muslims are not backward. In urbanisation Muslims are ahead with 36 per cent than Hindus with 26 per cent. In life expectancy as well! (Crude death rate per 1000: 9.6 for Hindus and 8.9 for Muslims)
Sachar Committee has taken population as the basis of the study and analysis as well as for recommendations. There is a norm for majority Hindus that is of 2 children, whereas Muslims have exempted themselves from this norm quoting their religion. In such situation, no facilities can be legally and socially given based on the population percentage because the growth rate of Hindus and Muslims population is not at par due to governmental norms. From 1961 to 2001, total population of India has grown by 134 per cent, while Muslim population has grown by 194 per cent and consequently the share of the Muslim population was 10.7 per cent in 1961, which has become 13.4 per cent in 2001. In such a forced disparity on Hindus population growth norms, Muslims should not be given any facility or quota based on their population. It is against any laws of democracy. The population growth difference between Muslims and non-Muslims was 15 per cent in the decade of 1951-1961, whereas it has become 50 per cent in 1991-2001 decade. Their unlimited children cannot be burdened on Bharat and Hindus who follow development norms generally of 2-3 kids.
If the Sachar Committee is the study and comparison of Muslim and Hindu economic and social status then the said Committee should have taken Hindu opinion and experience also into consideration. Former DGP Shri RK Ohari approached the said Sachar Committee three times, but the said Committee purposely ignored the requests for a hearing and his written submission was not even considered in the final report. This means the said Sachar Committee’s report is intentionally biased and one-sided.
Bharat has patience. But it withers away if someone tries to constantly loot Her. Bharat’s majority Hindus not only do not appreciate such a loot but also defeat all those who loot Bharat and Hindus. It has been proven time and again. This time has come again. Bharat will stand up and be only with the true Hindus; not with those who brag to be seculars or those who pretend to be Hindu protectors when it comes to votes and then to look secular, leave Hindus in a lurch. No unconstitutional anti-Hindu overtures anymore. Enough is enough!
(The writer can be contacted at firstname.lastname@example.org)