It’s Not Religious Reservation — It’s a Question of Social Justice

 

T. Chiranjeevulu, IAS (Ret) . Founder President BCIF( BC Intellectuals Forum)

Recently, some BJP leaders have been commenting that "reservations are being given to Muslims on a religious basis, which is against the spirit of the Constitution."

 

First, one thing must be made clear — The Indian Constitution does not permit religious-based reservations. That is a fact.

 

However, the same Constitution used the broad term "Backward Classes." This term is not limited to caste alone, nor is it restricted to any single religion. The Constitution provides the opportunity to identify socially and educationally backward sections within any religion as BCs (Backward Classes).

 

The Indra Sawhney Judgment — A Clear Directive

In the Indra Sawhney (1992) judgment, delivered in the context of the Mandal Commission's implementation, a 9-judge Constitutional Bench of the Supreme Court clarified a crucial point — Backward Classes is a classification that transcends religion.

 

This means that if there are socially and educationally backward sections among Muslims, Christians, Sikhs, or Jains, they can be included under the BC category.

 

The Historical Truth

The inclusion of Muslims among BCs is not a new phenomenon.

• Even before independence, certain Muslim groups were identified within the "Depressed Classes."
• In the Communal G.O. of the Madras Presidency, groups like the Dudekula were included in the BC list.
• The Mandal Commission and the Anantharaman Commission also identified backward sections among Muslims as BCs. The Mandal Commission identified the BC population as 52%, which included an 8.4% Muslim population. Out of 3,743 BC castes, approximately 82 to 84 are Muslim communities.

 

What is the Reality in BJP-Ruled States?

Even today, in several states ruled by the BJP, certain Muslim communities are part of the OBC list. Furthermore, when Narendra Modi was the Chief Minister of Gujarat, certain Muslim sections were included in the Central OBC list.

 

However, when it comes to Telangana, why is the narrative different?

 

The 2007 Act — A Truth Still Pending

In 2010, a 7-judge bench of the High Court struck down the 2007 Act in Andhra Pradesh that included 14 Muslim castes as BCs. Since then, the matter has been pending in the Supreme Court.

The Supreme Court directed that these reservations be continued temporarily. But the question remains — what concrete action has the BJP, which has been in power at the Center for 12 years, taken on this issue? There is no answer.

 

Muslims in EWS — What about this?

The BJP government introduced EWS (Economically Weaker Sections) reservations, providing opportunities for economically backward Muslims and Christians who are not identified as BCs.

On one hand, you provide opportunities under EWS, but on the other hand, you claim "Muslims should not be in the BC list" — what kind of justice is this?

 

Double Standards on 42% Reservations in Telangana

In Telangana, efforts to increase BC reservations to 42% are being obstructed at the Center under the pretext that Muslims are included in that list. Simultaneously, creating fears in the name of Muslims is a clear political strategy.

 

A Clear Challenge:

If you truly have sincerity, resolve the case pending in the Supreme Court quickly.

When political parties led by dominant castes misuse reservations to stay in power—by including ineligible groups in BC lists or appointing non-experts to BC Commissions—where is the commitment in the words of politicians entangled in communal politics? Why would it even exist? Ultimately, it is a great tragedy that the majority population of BCs suffers the most.

Stop obstructing the rights of BCs in the name of Muslims.

The people of Telangana are watching. The era of BCs being misled is over. You must remember that BCs will no longer be fooled by your maneuvers.