The Maharashtra government has canceled the 5 percent reservation given to Muslims in education. Chief Minister Devendra Fadnavis took this decision, saying that reservation on religious grounds is illegal. Twelve years ago, on July 9, 2014, the then Chief Minister Prithviraj Chavan had taken a government decision to include the Muslim community in the SEBC (Socially and Educationally Backward Class) category. Through which there was a provision to provide 5% reservation in education and jobs to Muslims in Maharashtra. However, on December 5, 2014, the Bombay High Court stayed the 5% Muslim reservation in government jobs and temporarily allowed only 5% reservation in education.
In the past decade, the BJP government has not taken any stand on implementing this reservation. Because of the issue of constitutional matters. The percentage of Muslim representation in education and government and semi-government services is low. Therefore, the demand for implementation of Muslim reservation is gaining momentum. Considering the statistics of students dropping out of education in the middle and the reality of the percentage of Muslim representation in government services, the demand for reservation seems to be justified. However, the government, which showed political readiness for the Ekkide Maratha reservation, showed policy indifference for Muslim reservation. Why did the government that passed the law for Maratha reservation cancel the GR of Muslim reservation?
The Muslim population in Maharashtra is about 11–12 percent. But their participation in education is low compared to the population. Therefore, Muslim reservation is demanded as a community with low representation in education and jobs.
According to the data from the 2011 census, the literacy rate of the Muslim community is slightly lower than the national average. Also, the female literacy rate is also low, especially in the northern states.
In 2021, a report issued by the Education Department of the Government of Maharashtra revealed shocking information about Muslim students. The school dropout rate of Muslim students is higher than that of Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC) students.
The proportion of Muslim students decreases at the secondary and higher education stage. Due to economic, social and geographical conditions, the dream of higher education for Muslim students remains unfulfilled.
The representation of the Muslim community in government services in Maharashtra, including the country, is low compared to the population.
According to the Sachar Committee report, in 2006, the national average representation of Muslims in government services in the country was around 4–5%. This is shown by the census in 2011. However, this figure highlights the general representation of Muslims in terms of population.
Therefore, the demand for Muslim reservation is constantly being raised. However, the BJP was able to push its agenda in Maharashtra only because reservation on religious grounds had no legal basis.
In Maharashtra, some traditional occupation-based Muslim castes were registered as “backward” in the 1960s. In which castes like butchers, barbers, washermen, blacksmiths, tailors were included as backward. Later, in 1990, after the Center implemented the recommendations of the Mandal Commission, the states also implemented the State Backward Classes Commission for OBC reservation. Accordingly, between 1993-94, many Muslim occupation-based castes in Maharashtra were properly included in the OBC category. They are getting the benefits of education and job reservation.
In 2014, the government included the Muslim community in the SEBC category. Many opposed this decision because of the decision to classify on religious grounds. But since the court had forbidden reservation for Muslims in jobs, no concrete decision has been taken till date. Similarly, the state government announced to abolish the provision of Muslim reservation on paper as well.
According to Article 15(1) of the Constitution, the State cannot discriminate on the basis of religion, race, caste, sex, place of birth. Therefore, giving special benefits only on the basis of religion is constitutionally invalid. Articles 15(4) and 15(5) empower the State to make special provisions for socially and educationally backward classes. But for this, the criterion of “backwardness” is important, not religion. Articles 16(1) and 16(2) guarantee equal opportunities in government jobs. But according to 16(2), discrimination cannot be made on the basis of religion. Under Article 16(4), the State Government has the power to provide reservation for the representation of backward classes. But this power is determined on the basis of socio-educational backwardness.
In the judgment of Indra Sawhney v. Union of India, the Supreme Court clarified that reservation should be based on social and educational backwardness. Religion alone cannot be the criterion for this.
In many states, Muslim reservation is applicable under Other Backward Classes i.e. OBC and Socially and Educationally Backward Class (SEBC). During 1957–1958, the Kerala government announced the Backward Classes list; it included the Muslim community as OBC (SEBC). After that, about 10% reservation was given to Muslims from the OBC quota.
The Tamil Nadu government has also made a reservation provision for Muslims. The 69% total reservation structure act of 1994 did not provide a separate percentage for Muslims. But in 2007, a 3.5% “Backward Class Muslims (BCM)” sub-quota was introduced by OBC.
In Karnataka, reservation was also made for Muslims in 1995. Muslims have been given 4 % reservation from OBC Category.
In 2007, the Andhra Pradesh government also created a separate sub-category for Muslims and gave 4 percent reservation. After the formation of the state in 2014, the Telangana government also continued the reservation policy in Andhra Pradesh.
In West Bengal, reservation has been given to Muslim castes since 2010. Muslim castes are divided into two sub-categories: OBC-A (More Backward) and OBC-B (Backward).
After the implementation of the Mandal Commission in the states after 1990, reservation for Muslim castes under the OBC/EBC category was also started in Bihar and Uttar Pradesh.
If the reservation given to Muslims in other states has been maintained, then why not in Maharashtra? This simple question now arises. Behind this, the apathy and narrow-mindedness of political policy is visible.
The states that implemented the decision of Muslim reservation have proven the economic and social backwardness of Muslims according to the report of the State Backward Classes Commission. If the State Backward Classes Commission accepts the backwardness of Muslims, then the path of reservation will be clear. This report is considered as the main data.
If the state government gets a report showing socio-educational backwardness, educational enrollment/dropout, job representation, and property-income indicators, then Muslim reservation is not legally impossible in Maharashtra either.
Even if the court challenges the report of the State Backward Classes Commission, the state government is allowed to fight the legal battle by preparing a new report. But the political agenda is decisive here.
The BJP government passed a law for Maratha reservation. It fought a legal battle. But the same government is counterclaiming for Muslim reservation by citing the constitutional framework. This fact that one justice is given to the Maratha community, who are the majority in Maharashtra, and another justice to the minority, underlines the political role of the BJP.
The then Chief Minister Devendra Fadnavis passed the SEBC Act of 2018 and gave 16% reservation in education and jobs to the Maratha community. The Bombay High Court upheld the 16% reservation in 2019. However, in 2021, the Supreme Court cancelled the Maratha reservation. After that, the state government called a special session of the legislature to provide 10 percent reservation to the Maratha community on the basis of the Backward Classes Commission. And the law was passed and the reservation of the Maratha community was restored.
According to the report given by the Justice Sunil B. Shukre Commission, the state government can claim to be a Maratha community in the court to support the reservation. In the same way, the state government in Maharashtra can provide reservation to Muslims.
The limit of 50 percent reservation has already been crossed in Maharashtra. Therefore, how to cross the limit of 50 percent reservation for Muslim reservation? This question is not before the government.
In Tamil Nadu, the combined reservation of SC/ST, OBC, MBC (Most Backward Classes) and EBC is 69%. The court has not cancelled the reservation above 50 percent in Tamil Nadu due to data-based backwardness evidence, state laws and commission reports.
In the same way, according to the report of the State Backward Classes Commission, the Maharashtra government can examine the economic backwardness of Muslims district-wise like the Maratha community to provide reservation to Muslims.
In 2004, the then Andhra Pradesh Chief Minister Y. S. Rajasekhara Reddy's government had announced 5% reservation for Muslims. But while canceling this reservation, the Andhra Pradesh High Court said that giving reservation to the entire religious community in a uniform manner is unconstitutional. Therefore, the government had to accept the option of giving reservation to Muslims from the OBC category.
Citing this same constitutional issue, the BJP government canceled the decision on Muslim reservation. There is no need to say separately what the BJP's intention is behind this. However, this matter cannot be treated by ignoring the constitutional issue.
Former MP and AIMIM state president Imtiaz Jaleel criticized the state government’s decision and said that the BJP has created such an environment that Muslims are allowed to breathe freely. Earlier, when I raised the issue of Muslim reservation with Prime Minister Narendra Modi, expecting reservation from the BJP is like banging your head against a wall. Many committees have said that the educational backwardness of the Muslim community is more than other communities. The court had also accepted this educational backwardness of Muslims. It was on this basis that 5 percent reservation was given. The ordinance issued by the then government in 2014 should have been converted into a law. It was the responsibility of the progressive parties sitting in the assembly to pass a law and maintain the reservation.
Former Education Minister and Congress MP Varsha Gaikwad has also condemned the government’s decision. She said, “The reservation given to the Muslim community has been cancelled, we strongly condemn this decision. Instead of taking positive steps regarding reservation, the government has cancelled the old processes. The government has attacked the rights of the Muslim community by citing the interim stay of the High Court and the expiry of the ordinance. Even though the Bombay High Court has accepted the Muslim reservation, it has not been implemented in Maharashtra till date. The government’s failure to implement the reservation approved by the court is dangerous for democracy.”
While the Maharashtra government is canceling Muslim reservation, it should have also stated what the future policy is regarding the socio-economic development of Muslims. So, those demanding blanket Muslim reservation should also take into account the observations of the Andhra Pradesh and Bombay High Courts. But that is not happening. A broader perspective on the reservation policy beyond the politics of votes, which is the root of reactionary politics, while ignoring the conclusion of the original question, is dangerous for the creation of a progressive society.
-The author is a digital journalist from Maharashtra focusing on caste, identity, and public policy, currently studying multimedia journalism at the Asian College of Journalism, Chennai. He has worked with the Times Group, reporting for Maharashtra Times in Mumbai.
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