Affirmative Action for Muslims in India: Beyond Reservations

Why in news?

To address the recent report that advocates a broader, religion-agnostic approach to Muslim upliftment, there is the need for affirmative action for Muslims beyond just reservations, highlighting socio-educational disadvantages.

What are the Constitutional and Legal Framework for Reservation in India?

• Article 15(4) – Empowers the State to make special provisions for the advancement of socially and educationally backward classes (SEBSc).
• This clause forms the basis for educational reservations and affirmative action for SEBCs.
• Article 16(4) – Allows the State to provide reservation in appointments or posts in favor of any backward class of citizens not adequately represented in public services.
• Facilitates employment reservations for SEBCs to ensure adequate representation in government jobs.
• Article 16(4) – Authorizes the President to appoint a commission to investigate the conditions of backward classes and recommend measures for their improvement.
• Led to the establishment of commissions like the Kaka Kalelkar Commission and the Mandal Commission to identify SEBCs and suggest welfare measures.
• Article 342A – Inserted by the 102nd Constitutional Amendment Act, 2018.
• It grants the President the authority to specify SEBCs for each state and union territory in consultation with the respective Governor.
• Aims to create a uniform Central List of SEBCs, though states retain the power to identify SEBCs for their purposes.

What are the Criteria for Identification for SEBC?

• Social Backwardness – Communities with historically limited access to education and social mobility.
• Presence of social discrimination or stigma.
• Educational Backwardness – Lower literacy rates compared to the national or state average.
• High dropout rates and low enrollment in higher education.
• Economic Backwardness – Low per capita income and asset ownership.
• Predominance in low-paying or unorganized sectors of employment.

What are the Committees and Reports on Muslim Backwardness?

What are the Judicial Stance on Muslim Reservation?

• Indra Sawhney v. Union of India (1992) – The Supreme Court upheld the 27% reservation for OBCs but emphasized that classification for reservations should be based on social and educational backwardness, not solely on religion.
• P.A. Inamdar v. State of Maharashtra (2005) – The Supreme Court ruled that the state cannot impose reservations based on religion in private unaided institutions, reiterating that affirmative action should focus on backwardness criteria rather than religious identity.
• Calcutta High Court Judgment on OBC Classification (2023):
• Background – The West Bengal government had classified certain Muslim communities as OBCs, granting them reservations.
• Ruling – The High Court quashed this classification, ruling that reservations cannot be granted on the basis of religion alone.

What are the Challenges with Reservation for Muslims?

• Legal-constitutional issues – The Indian Constitution does not explicitly recognize Muslims as a ‘socially and educationally backward class.’
• The judiciary has rejected previous attempts to classify Muslims collectively for reservations.
• Diversity within the Muslim Community – Muslims are not a homogeneous group; they consist of hundreds of biradaris (clans) with varying social, educational, and economic statuses.
• Some Muslim castes face similar disadvantages as Hindu Dalits, while others are relatively better off.
• Political and Administrative Hurdles – There is resistance from the state and political parties to implement reservations for Muslims.
• West Bengal and Karnataka have introduced sub-quotas, but this approach is debated.

What are the Alternative Strategies for Muslim Upliftment?

• Targeted Public Infrastructure Development – The report suggests a "spatial approach" by improving infrastructure in Muslim-concentrated areas (schools, roads, health centers).
• Economic and Educational Boost – Expanding scholarships, skill training, and self-employment programs for economically backward Muslims.
• Implementation of schemes – Such as Pre-Matric and Post-Matric Scholarship Schemes, Merit-cum-Means Scholarships, and the Maulana Azad National Fellowship to support Muslim students.
• PM’s new 15-Point Programme for the Welfare of Minorities – Aim to enhance opportunities for education, employment, and economic empowerment among Muslims.

What is the way forward?

• The current reservation debate is too narrow; a broader approach is needed.
• Muslim backwardness should be tackled through multiple dimensions such as education, economy and infrastructure.
• The future of affirmative action should focus on community upliftment beyond quotas.

References

1. Indian Express - Affirmative Action for Muslims in India: Beyond Reservations