THE Supreme Court through an interim order, on Thursday, has restored the Andhra Pradesh law providing 4 per cent quota in jobs and educational institutions for ‘backward’ classes among Muslims.
A year back a seven-judge bench of Andhra Pradesh High Court had stuck down the law on the plea that it violated the constitutional provision forbidding faith-based quota. Though the apex court had given the interim order it has stayed implementation of the law as it aimed at putting the entire Muslim community, not only the ten ‘backward’ groups under the ambit of reservations in jobs and school and college seats. Affirmative action is necessary to help the socially disadvantaged. But any move to grant reservation based on religion will threaten national identity and cohesiveness. Expanding opportunities for the socially and economically backward is however necessary. The apex court’s decision does not sanction reservation based on religion. This is not for the first time that Muslims have been given reservation. Already four states; Kerala, Bihar, Karnataka and Tamil Nadu have provisions for reservation for backward Muslims in government jobs. Significantly, only recently West Bengal added 10 per cent quota for backward Muslims. The fact also cannot be denied that reservation is not an act of commitment by the state to the needs of Muslims; rather it is a mechanism to hide its failure to address their needs. Moreover, after the Mandal Commission has taken care of the needs of the other backward castes, which include the Muslim backward castes, any government desirous to benefit the Muslims should have implemented the Commission’s recommendations truthfully. Nevertheless, reservation is not the right panacea. What is needed most is adoption and pursuing inclusive policies that are aimed at expanding opportunities for Muslims. It is a fallacy that the governments have been providing reservations to the OBCs, SCs and STs, but unwilling to furnish a credible commitment. The government should realise that two different type of marginalisation needs two sets of remedies.




