India must broaden its social justice framework
Despite the Constitutional provision, and the fact that the Government of India Act 1935, from which over 60% of our Constitution is taken, mandated reservations for Muslims and Christians, reservations were removed for all but Hindu Dalits.
My earliest memories of Khairati are of a lanky young man with a broad smile dressed in rags. He was a Muslim dhobi living in Moradabad, who would respond to all requests of urgent ironing and washing from my visiting mother, her sisters and their daughters with “jee baaji”. I also remember the separate utensils kept for him and the other Dalit sweepers in which they would be served food while squatting on the floor.
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Despite his hard life and the fact that he had been shot at and survived the mass shooting by the police and the Provincial Armed Constabulary (PAC) at the Eidgah during the 1980 riots, where his brother died, he had not lost his zest for life. This was most reflected in his jovial demeanour, his love for the occasional bottle and a game of cards. He passed away a few years ago due to tuberculosis, as did his son.
My thoughts turned to him when I read that the Supreme Court was taking up the issue of reservations for backward class Muslims in Andhra Pradesh next week. Unlike a Hindu, Buddhist, or Sikh dhobi, who are considered Dalits, neither he nor his children were eligible for Scheduled Caste (SC) reservations. In some regions, they would be clubbed under Other Backward Classes (OBCs) where they would have to compete with much better-off middle castes.
Similar struggles exist for Muslim OBCs. They are also largely excluded from the categories of OBCs and are now demanding that a religion-neutral category of Extremely Backward Castes (EBCs) be carved out of the OBCs, as has happened in Bihar, in which Hindu, Christian, and Muslim EBCs can be included. But some courts and governments continue to be reluctant and claim a paucity of data, while simultaneously not conducting a caste census.
As per the 1931 Census, which was the last time caste was counted in the census, the lower castes among Muslims constituted over 80% of all Muslims. Given the large exodus of middle- and upper-class Muslims during Partition, they probably constitute a significantly higher percentage (possibly above 90%) today, which can only be ascertained once an interminably delayed caste census is conducted. The Ajlaf (OBC) and Arzal (Dalit) Muslims who constitute over 10% of India’s population, are the biggest victims of mob and police atrocities as well as the only significant community with virtually no representation in government, and the two facts are interlinked. Their bodies and properties bear the brunt of violence towards Muslims because they are powerless.
The term “caste” originates from the Iberian (Portuguese/Spanish) “casta”, referring to a phenomenon found in all religions in the subcontinent. The upper caste among Muslims – who once constituted the landholding, clerical and scribal classes – found their position eroded with the arrival of English education and the abolition of zamindari but still maintained their sense of superiority.
The coming of the new Constitution brought hope, it states in article 16(4) “Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.” But despite this provision, and the fact that the Government of India Act 1935, from which over 60% of our constitution is taken, mandated reservations for Muslims and Christians, reservations were removed for all but Hindu Dalits. Later amendments brought in Sikhs and Buddhists. This, despite the fact that Article 341 allows any community to be classified as SC. A large body of Supreme Court jurisprudence, including the Indra Sawhney (1992) judgment, say that reservations are primarily meant for adequate representation of backward classes in public services and the just and democratic sharing of State power, not as a tool for economic betterment.
Khairati never gave in to religious extremism even as India plunged into that vortex in the 1980s, he held no rancour against the state or his Hindu friends. Even though he suffered twice – as a Muslim and a Dalit – he showed a wisdom that few of us can match. It is time now that we too de-communalise reservations in this, our 76th year of freedom.
Mohsin Raza Khan is associate professor and executive director of the Centre For A New South Asia, Jindal School of International Affairs, OP Jindal Global University
The views expressed are personal

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