THE MUSLIMS OBCs AND AFFIRMATIVE ACTION:

Introduction: Since the implementation of the Mandal commission Report for central government services, other back ward classes among Muslim have been identified and, along with backward groups from other religion, the benefit of OBCs has been extended to them. , But there are large number of groups of Muslims living in pathetic condition, in spite of that they are debarred from such benefit. Sociological studies on Muslim social stratification have been drawn upon to comprehend the complexity of castes or biradaris among the Muslim in India. Studies on Backward class movement and analysis of constitutional Assembly Debates and various landmark judgement of Supreme Court and high courts judgments help in understanding the historicity of the emergence of the category Other Backward Classes. The term had come into usage during British period but with a variety of referents and evidently without any clearly specified parameter regarding the inclusion and exclusion of groups clubbed as backward. In its early usage, the backward classes were an all encompassing category that would include the underprivileged and marginalized castes, tribes, and communities. The term was used as far back as 1880 to describe a set of groups also called illiterate or indigent classes entitled to allowances for study in elementary school. The imprecision in the definition of the term could be observed even at the time of framing of the constitution. In the constitutional assembly debate multiple interpretation of the term emerged in the articulation of members participating in the debate. Broadly, two distinct usages can be spelt out: one as an inclusive group of all sections that requires preferential treatment. Here, the category backward classes included the untouchable and the tribe as well. Two, as stratum higher than the untouchable. The question of backward groups from among the religious minorities remained absent in the debate until delegates belonging to such groups raised the issue. Thus Mohammad Ismail Sahib from Madras sought clarification whether the term extended to the Backward Classes of Minority Communities The first backward classes commission (Kaka Kalelker Commission) submitted its reports in 1955. The commission emphasised the lower status in the caste hierarchy as the determining factor for backwardness along with the other consideration such as the education level, income level, and representation in public employment .The commission report was the first instance in which certain caste /communities among Muslims (and other religious minorities) were also declared back ward and brought within the per view of affirmative action.

MUSLIM OBCs : A PROFILE Sociological studies on the social structure of Muslim in India have emphasized on the presence of descent based social stratification among them. The census of India in 1901 listed 133 social groups wholly or partially Muslims. The present day Muslims society in India is divided into four major groups (1) the Ashrafs who trace their origin o foreign land ,such as Arabia, Persia, Turkistan or Afganistan (2) The upper caste Hindus who

converted to Islam (3) The middle caste converts whose occupation are ritually clean (4)The converts from the erstwhile untouchable caste, bhangi (scaving) Mehter (sweeper) chamar (tanner) Dom and so on .These four groups are usually placed into two broad categories namely ashraf and ajlaf. The former, meaning noble includes all Muslims of foreign bklood and converts from highest caste. While ajlaf meaning degraded or unholy, embraces the ritually clean occupational group and low ranking converts. In Bihar, UP, and Bengal,sayyad, sheikh, moghuls and pathans constitutes the Ashraf. The Ajlaf are carpenters, artisans, painters, graziers, tanner, and milkman. According to the census of 1901,the ajlaf category includes the various classes of converts who are known as naoMuslims in bihar and Nasya innorth Bengal, it also includes various functional groups such as that of the jolaha,or weaver, dhunia or cooton cardor, kulu or oilkl presser,kunjra or vegetable seller hajjam or barber, darzi ortailor and the like. The 1901 census also recorded the presence of third categorycalled arjal, it consist of the very lowest caste such as the halalkhor, lalbegi, abdal and bedisa.Muslims groups currently bracket underOBCs category came essentially from the non- ashrafsection of the muslim population. They are converts from the middle and lower caste Hindus and are identified with their traditionaloccupation.The 1911 census listed some102 caste groups among Muslim in Uttar Pradesh, at least 97 of them came from the non- ashrafcategory. Many such group such as Rajputs,kayathas,keoris, koris, kumhars, kurmis, malis, mochis were comman among both Hindus and Muslims. Since the constitutional (Schedule caste) Order 1950, popularly known as the Presidential Order ( 1950 )restrict the schedule caste status only to Hindugroups having unclean occupation, their non-hindus equivalent have beenbracketed with the middle caste converts and declared OBCs .Thus, the OBCsamong Muslims constitute two broad categories. The halalkhor , hilas llalbegis chiks fakirs, dhobis, nais or hajjjams etc belonging to are the Arab untouchable converts to Islam that have found their way in OBCs list . momins or julahas, darjis, idrisis , rayeens or kujras are ajlafs or converts from clean occupational caste

APPROACHES TO AFFIRMATIVE ACTION FOR MUSLIM OBCs: At all India level, the issue of OBCs has been attempted to be address by instituting two Backward Classes Commission with mandate to evolve the criteria of Backwardness, identify social groups ob that basis and suggest measure to ameliorate their condition. Of the two, the report of the first commission (kaka kelelkar commission) was rejected by the union government for having used caste and not the economic criterion for identifying backward classes. The report of the second commission (mandal commission) was partially implemented in 1991 more than a decade after it was submitted. Besides these two attempts at the centre and various state government instituted their own Backward classes Commission and have evolved distinct approach to reservation of Backward Classes. (1) KAKA KALELKAR COMMISSION (1955): The first backward commission submitted its report in 1955. The report presented a list of 2399 caste and communities considered as Backward, 837 of these were considered as most backward requiring special attention. The list included not only backward groups from amongst the Hindus but also non-Hindus, including Muslim as well. the commission report was the first

instance wherein the presence of Backward Communities among Muslims( and other religious minorities) received recognition in official parlance. the caste basis did not find approval from the chair person of the commission and of the reason cited was the assumed castelessness of Muslims and Christian and chairman said My eyes were however open to the danger of suggesting remedies on the caste basis when I discovered that it is going to have a most unhealthy effect on the Muslims and Christian section of the nation

(2)

B.P MANDAL COMMISSION:

The commission submitted its reports in 1980. The commission evolved eleven indicators, a mix of caste and class feature, for assessing social and educational backwardness. The commission saw caste as the building bricks of Hindu social structure that despite the constitutional commitment toestablish a casteless and egalitarian society has continued to persist. It arrived at the exhaustive list of 3743 castes that were declared as backward. The commission in principle, accepted that occurrence of caste or like feature was not only restricted to the Hindu society, its influence was also found among non Hindu groups, Muslims, Sikhs, and Christian as well based on the data provided by 1931 census, and survey conducted at the instance of the commission, at least 82 different social groups among Muslims were declared OBC. The commission desisted from employing caste as a criteria to identify non-Hindu OBCs as these religions are (were) totally egalitarian in their outlook The rough and ready criteria that that the commission evolved had two conditions (a) All untouchable converted to any non- Hindu religion. In the Muslim case, they are the arjals (b) Such occupational communities which are known by their name of their traditional hereditary occupation and whose Hindu counterparts have been included in the list of Hindu OBCs. Among Muslim this comprises the ajlaf category By clubbing the arjals and ajlafs among Muslims in an all encompassing OBC category, the Mandal commission overlooked the disparity in the nature of deprivation that they faced. Being at the bottom at the social hierarchy, the arjals are the worst off and need to be handled separately. It would be most appropriate if they were absorbed in the SCs list or at least in a separate category, most backward classes carved out of the OBCs. MUSLIMS OBDs AND AFFIRMATIVE ACTION IN THE STATES: (A) KERALA&KERNAKA MODEL: In terms of their policy of reservation for Backward Classes ,Kerala and Karnataka stand out for having extended the benefit of reservation to the entire Muslim population ,this has been achieved by including Muslim (minus he creamy layer )as a distinct group within the broad category of backward classes and then provided with exclusive quota. This distinct feature of there reservation policy dates back to the colonial period. In the erstwhile princely states of Mysore, affirmative action began

as early as in 1874 when a government decision reserved 80% of the post in the police department for non Brahmins, Muslim and Indian Christian. in Kerala , the demand for reservation for under represented communities was accepted as early in 1936 in the princely states of Travancores and cochin and in Malabar even in the earlier 1921 .in 1960 on the recommendation of the MAGAN GOWADA COMMITTEE ,the category of back ward class was bifurcated in to backward (28%)and more backward (22%). Together with the quota for SCs / STs the magnitude of reservation rose to 68%. The Supreme Court n the land mark judgment, however, placed 50% ceiling on the quantum of reservation. The HAWANOOR COMMISSION ,1972 to recommended the creation of a distinct category of minority group with reservation not exceeding 6%.the state classified backward classes in to three categories (a)most backward (b)more backward (c)backward .all Muslims whose income is less than Rs. 2,00,000 per annum have been declared backward and placed exclusively in one of the sub-category of more backward with 4%of seats set aside for them , as the result of this reservation of 4% the numbers of seats for Muslims in professional courses like medicine , dental , and engineering has also increased to a considerable extent between 1996-2000, 346 Muslims were able to get seats in medicine ,258 in dental and 3486 in engineering collage. In Kerala the reservation scheme introduced in 1952 fixed the quantum of reservation at 45%. On the re- organisation of the states in 1956, the quota for backward Classes was enhanced to 40%. A separate Muslim share was fixed at10% that later rose to 12%. At present, the reservation system in Kerala is as follows: Backward classes 40% (Ezhavas 14%, Muslims 12%, and Latin Catholics 4%, and Nadars 2 %, Christian converts from SCs 1 % Dheevaras 1 %, Other Backward Classes 3%, and Viswakermas 3%) and SCs and STs 10%. TAMIL NADU MODEL Tamil Nadu offers a model of affirmative action for Muslims OBCs that offered slightly different from that offered by Kerala and Kernataka.To begin with the, Muslims who were educationally backward were given special treatment vide a resolution dated July 29,2872. Laterit was extended to the aborigines and low caste Hindus. As the Brahmins were grossly over represented in high salaried jobs. A government Order (1927) ,introduced compartmental reservation whereby the non- Brahmins were to have 42% of the post available and Muslims 17%.Tamil Nadu government has done away with reservation on ground of religion, yet nearly 95% of the Muslims have been included within the fold of backward classes.The Sattanathan Commission1970 endorsed the 1951 catogarisation,it identified 105 castes /communities as backward and recommended 31%,whereas 18%was left for the SCs and STs .Tamil Nadu speaking Muslim groups, such as ,Labbais, ,Deccani Muslims and other were included in the backward list.IN 1980 quota for backward classes were raised to50% taking the total to 68% after Ambasanker commission (1982). The quantum of reservation currently is 69% far beyond the Supreme Court limit of 50%. The Tamil Nadu backward classes, Schedule Castes and Schedule Tribes(Reservation of seats in educational Institution and of Appointment or posts in the services under the state) Act 1993was included in the 9th Schedule through 76th Amendment of the Constitution.

BIHAR MODEL: The Karpuri formula as it is called allows for the bifurcation of the category backward classes into its advanced section, the other Backward classes (OBCs) and relatively more deprived the most backward classes. The first major effort to under stand the plight of backward classes in Bihar was taken when the Mungeri Lal Commission recommended the bifurcation of the backward classes into other backward classes (OBCs) and Most Backward Classes (MBCs). The OBCs list contained 128 castes and MBCs list had 93 castes groups. The Karpuri Thakur government in 1978 accepted the classification made by the Mungeri Lal Commission. For the purpose of recruitments to jobs 8% was set aside for the OBCs, 12% for MBCs 14 % for SCs, 10 % for the STs, 3% for the women, and another3% for the economically backward. After the carving out of Jharkhand from Bihar the above scheme was slightly amended. The STs quota was reduced to one percent , the SCs quota was now fixed at15% ,13%for OBCs ,18%for the MBCsand 3%for backward castes, women ,Muslims castes group ,depending on their level of backwardness, have been included either in the OBCs or MBCs list. While 9 Muslim groups are in the state OBCs list, 27 of them form part of the MBCs list.

MUSLIM OBCs NOT INCLUDED IN THE STATE LIST AND CENTRAL LIST OF OBCs

Reservation for OBCs has a longer history in the state than at the centre. As the recommendation of the Mandal Commission came to be accepted, the central list of OBCs prepared. Only those castes /communities listed both in the state list and also in the list prepared by the Mandal commission were included in the central list. It is not surprising therefore that a number of caste /communities that had either been listed in the Mandal list or only in the state list were left out. This discrepancy was expected to solve once a permanent body, namely, the National Backward Classes Commission (NCBC) was formed. The NCBC formed in 1993, has issued a set of guidelines based on social, economic and educational indicators, for castes / communities to be included in the central list of OBCs. There are many OBCs groups irrespective of their religion that are present in the state list but missing in the central list. Madhya Pradesh, for instance ,has 91 social groups listed as OBCs in the list recommended by the state Baclward commission, but 65 such groups have found entry in the central list. Uttar Pradesh has 79 castes in the state OBCs list but only 74 in the central list.In Rajasthan there are 74 castes in the state list but only 65 has accorded OBCs status in the central list. Such discrepancy also applies in the case of Muslim OBCs.In Madhya Pradesh, for example ,there are 37 communities listed in the state list as Islamic group, however, only 27 of them are founded in the central list. In Bihar after a recent revision of the list, there are 17 OBCs groups that have not found place in the central list,six of themare exclusively Muslims, namely,(1) Faqir /Deewan (2)Julaha /Ansari (the synonym Momin is in the central list) (4)Itrfarosh /Gadheri /Itpaj/Ibrahimi (4) Jat (5)Gadaria (6)Surajpuri. In Uttar Pradesh, twoMuslims group Mirshikar and Nanbai have not found entry in the central list. Similarly many groups in Maharashtra such as Mansooris, Pan

Frosh ,Attar , Sanpagarudi,Muslim Madari,MuslimGawli, Darweshi, Hashmi,Nalband among others have not found entry in the central list.The lists of OBCs prepared by the state government have also missed many underpriviledge caste communities, there are a few groups among muslims that have found placesin the central list but are yet to be included in the state list, Kalwars in Bihar, Mansoori in Rajasthan,Atishbaaz in Uttar Pradesh, Rayeens,Kalwars,Rangwas and churihars in west Bengal are example of such Much groups. In Gujrat,informationcollectedby Anthropological survey of India under its people of India project,found 85 Muslimscomminities of which at least 76 are non Ashraf.In the central list,however only 22 of them have found entry,whereas in the state list there are only 27.In Bihar according to the project, there are 37 castes / communities that can be counted as non ashraf , however only 23 are in yhe central list.In Uttar Pradesh, the project listed 67 communities among Muslims, 61 of them are occupational groups.Both the state and central lists of OBCs contains 32 only of them. While the Ashrafs and Ajlafs occupy the highest and middle position in the Muslim social structure ,the Arjals are the lowest comprising of those having similar traditional occupation as their Hindu counterparts in the list of schedule caste, it is widely believed that these communities are coverts from the untouchable among Hindus. Change in religion did not bring any change in their social and economic status.Because of the stigma attached to their traditional occupation, they suffer social exclusion. Despite this, they have been deprived of Schedule Caste status available to their hindu counter parts. Imperical (Schedule Caste) Order 1936, rejected Schedule Caste status to Christians and Budhist of similar origin. Depressed Class among Muslimssuch as Halalkhors were included in the list but were barredfrom availing the benefits. This colonial odecree remained the basis on which the government of independent India, through the Constitutional (Schedule Caste )Order 1950, has denied them the status in accordance with the deprivations that they faced,the Order,howeverhas been amended twice , oncein 1956to include the SCs among the Sikhs andlater in 1990 to include the neo- budhist . thus practically, the muslims and Christian of such origins continued to be denied the status. As a result suchMuslim groupsnamely,Gadheris, gorkhens,Mehtars or halakhors, Muslim dhobis,bakhos, nats, pamarias,lal begis abd other remained impoverished and marginalized.It is to be noted that the Order of 1950 is inconsistent with Article 14 ,15 , 16 and 25 of the constitution that guarantee equality of opportunity, freedom of conscience and protect the citizens from discrimination by the state on the ground of religion , caste ,or creed. Mandal commission estimated the OBCs population of the country to be 52 % of the total population of the country.It assume the share of OBCs among non- Hindus(muslims ,Christian,and Sikhs ) religious group also to be in the same proportion .thus the share of non-hindu OBCs in the total population of the country was projected at8.40% the mandal estimate is also unrealiabe because a large number of caste / communities kkthat were included in the mandal list have not yet found place in the central list of OBCs . the survey data on OBCs fall short of estimate made by the MANDAL COOMMISSION also tere is a considereable varaaiation in the figure provided by two survey 55th and 61st round in 14th out of the 20th states for which data are presented, the share of muslims OBCs has the risen 61st \