India

AMEWAA Recommends Constitutional Amendment for Ranganath Misra Commission Report Implementation

In a letter addressed to Minority Affairs Minister K. Rahman Khan, All Minority Employees Welfare Association of Andhra Pradesh (AMEWAA) requests for the implementation of Ranganath Misra Commission report and recommends amendment in the constitution in this regard. Below is the letter reproduced for BH readers. – Editor

We the All Minority Employees Welfare Association of Andhra Pradesh would like to express its gratitude to UPA Government with the able leadership of Smt. Sonia Gandhi Ji in appointing and tabulation of Nation Commission for Religious and Linguistic Minorities under the Chairmanship former Chief Justice of India Mr. Ranganath Misra “Prime Minister High Level Committee” to Recommend Constitutional and Administrative Modalities for providing reservation for Backward Muslim Communities of India to fulfill the promises made by Indian National Congress President Smt. Sonia Gandhi ji in the Congress election manifesto in order to do Justice to the Minorities.

Muslims: The Indian Road AheadWe also acknowledge the effort taken by issuing OM No. 41018/2/2011-Estt. (Res.), Dated 22nd December, 2011 by Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training, Govt. Of India, New Delhi to provide 4.5% Reservation in Education and Employment to all minorities in Central services carving sub quota from 27% reservations provided to OBC’s. Which was set aside by the Honorable High Court of A P wide PIL No. 1, 22 and 56 of 2012 Dated 28th May 2012. In this Connection we once again would like to remind the following points for rectifying and consider by providing reservation to minorities by making constitutional amendment.

  1. National Commission for Backward Classes is not consulted. Which is a Procedural lap and a fallacy on the part of the Minority Affairs Ministry as they have the same experience in the case of AP Government providing reservation to Muslims through Go No. 33 during 2005.
  2. These reservations were provided without revising the Other Backward Classes list of Central Government as it is obligatory on part of NCBC before any inclusion or exclusion.
  3. There is no proof to substantiate the Socio – educational backwardness of the said Minority provided with reservation in employment and education.
  4. Central Government took the issue casually and it anguished the court.
  5. The Minorities are not a Homogenous group and could not be treated as a class for the purpose of article 15 and 16 laid down in the constitution of India.
  6. Carving out sub-quota from the existing quota means identifying most Backward Classes for which no empirical data proof is provided in the case at hand.
  7. Huge demographic changes that have taken place after Mandal is not considered by the Central Government.
  8. This has to be on the basis of Law but not through OM.
  9. The NCRLM is not a statutory body and its recommendations won’t have any relevance to the NCBC Act. The mandate of this body nowhere fulfills the Constitutional obligation and cannot be solely relayed for the present purpose of providing Reservations under Article 15 and 16 of the Indian Constitution.

Hence we need amendment of constitution because as the second largest community of this country is suffering a lot due to Backwardness in every sphere of Human development as found out by Sachar Committee and the 2011 Human development report. They deserve affirmative action under the relevant provisions of the Constitution. Hence we request to take necessary steps so that they will be mainstreamed with equal opportunity in all aspect of life and contribute to in making a strong Nation. In this occasion we once again bring to your kind notice that the comprehensive argument before Hon’ble apex court on the premise of ‘The Constitution Assembly debates’ with regard to Backward Class and the controversial 1950 Presidential Order Para 3 needs to be presented.

Relevant Recommendations from NCRLM are as follows:

  1. The Constitution (scheduled castes) order 1950 restricted scheduled caste status to schedule castes professing Hinduism only, later this order was amended twice to extend SC status to Dalit’s who embraced Sikhism and Buddhism. Muslims and Christians of SC origin have been denied their SC rights for the last 61 years.
  2. The National Commission for Religious and Linguistic Minorities (NCRLM) popularly known as “Justice Ranganath Misra Commission” stated that non-inclusion of Muslims and Christian of Scheduled Caste origin in the SC list is a discrimination based on religion and goes against the article 14, 15, & 25 of the Constitution of India and religion must be de-linked from the caste. It is very unfortunate that the union government has shelved this report and makes millions of Muslims and Christians of Scheduled Caste origin to suffer unjustly.
  3. The National Commission for Religious and Linguistic Minorities (NCRLM) further recommended that as the Constitution guarantees freedom of consciences and religious freedom as a fundamental rights, once a person has been included in SC list, a willful change of religion on his part should not affect adversely his or her SC status, as a change of religion does not alter the socio-economic status of Dalit’s.
  4. The Commission (NCRLM) has recommended certain measures for the Educational and Employment backwardness for the religious minorities, including earmarking 15 per cent seats in the non-minorities educational institutions and 15 per cent jobs should be earmarked in non-minorities institutions for the religious minorities with a break-up within 15 per cent should be 10 per cent for Muslims and the rest five per cent for remaining minorities communities.
  5. The commission suggested that the three language formula be implemented everywhere in the country making it compulsory for the authorities to include in it the mother tongue of every child.

The observation raised by the court can be handled by presentation of Primary data and the present case is not Providing affirmative action for a new Class but curving out separate entity from the existing Class list. All these different Classes of the same community were distributed among different categories of affirmative action and cannot compete with their counterparts to tap benefit of it. Curving out and keeping them in a separate category will help them to benefit from the affirmative action. Therefore the courts observation is fallacious as the Government is not creating a new Class and not providing affirmative action to a Homogeneous community. In view of the above we would like to bring few important issues to your kind notice. In Andhra Pradesh the Hon’ble Chief Minister is giving much importance to solving the issues of the Minorities and we are getting immediate results. The budgetary allocations and schemes of the Government towards the minority are satisfactory in accordance with the gravity of poverty, illiteracy and unemployment existing among the minorities. Even though it has to be enhanced on par with the other communities, which will benefit the minority population.

Observing these obligations we demand the fallowing paramount graveness to be solved immediately.

  • Implement Ranganath Misra Commission report by amendment the constitution in Parliament.
  • Sritrict implementation of PM 15 point program to substance the immediate need of the Minorities in the Country.
  • Implement rule of reservation in promotions to Muslim minority employees.
  • Provide separate sub plan budget of Rs.10000 cr to Minorities on par with SC & ST’s done in A P.
  • NMDFC, New Delhi should Provide subsidy in Bank link Scheme on par with the A P State Govt, where they are providing 30000 per beneficiary.
  • Central Scholarship should be provided on saturation basis to all Minority students on par with A P State Govt.
  • To Establish Southern regional office in Hyderabad for effective implementation of the Central Govt Schemes available in Ministry of Minority Affairs, NMDFC, Moulana Azad Education Foundation, Central Wakf Council, Ministry of External Affairs (Hajj).
  • To appoint or depute Specifically Muslim Minority Employees in all the Central Govt Minority institutions like Ministry of Minority Affairs, NMDFC, Moulana Azad Education Foundation, Central Wakf Council, Ministry of External Affaires (Hajj), New Delhi for effective implementation of the schemes.

Hence we request Honorable Minister for Minority Affairs, Govt. of India, New Delhi to intervene in the matter and do Justice to solve the above all demands and specifically provide the adequate reservations in Education & Employment to Minorities in India to overcome the socially and economically condition of the society as per the Constitution of India.

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