Some significant points on Muslim Reservations by Dr Togadia
Note by Dr Pravin Togadia, VHP International Chief
- Religion based reservations are unconstitutional as many HCs have
given judgments to this regard. 4.5% reservation to Muslims is religion
based reservation.
- Appointment of the Sachhar Committee is itself unconstitutional as
its terms of reference are religion based. It is against all Supreme
Court judgments on secularism (refer to the 2008 case in Del HC –
petition against Sachhar Committee by Rashtriya Mukti Morcha, appeared
for them : Advocate P N Lekhi, Justice Thakur & Justice Siddharth
Mridul termed the Sachhar Committee ‘Unconstitutional move by the
Govt.’)
- Sachhar Committee report has no reference or study about the actual
comparison between Muslim OBC’s educational & economic status and
the same of Hindu OBC. The details of their survey limit themselves to
Hindu Sc / Hindu OBC / Hindu others / but Muslim ALL. No Muslim OBCs.
- If there is no study that proves that Muslim OBCs are far behind
Hindu OBCs, then how & on what basis the Govt has been giving quota
or preference to Muslim OBCs over Hindu OBCs? This itself it invalid
& preposterous.
- Per Sachhar Committee report itself Muslims in 9 states are
educationally much more ahead than Hindus. Why should Muslims get
benefit of any quota?
- The methodology & sample sizes of the Sachhar Committee studies
are not up to the international standards for any social or demographic
survey. In this situation, any conclusion or recommendation thereof
cannot be taken as valid.
- Sachhar Committee’s conclusion that Muslims in Bharat are
economically & educationally backward is invalid. National Sample
Survey in 24 states & Union Territories prove that the average
Muslim household at national level spends more ( Ru. 40,327) than the
Hindu household (40,009) re annual household expenditure.
- Incidents of infant & child mortality, degree of urbanization
& average life expectancy at birth are the three internationally
accepted parameters for economical status. In all these three Muslims
are not backward. In urbanization Muslims are ahead with 36% than Hindus
with 26%. In Life expectancy (crude death rate per 1000: 9.6 for Hindus
& 8.9 for Muslims)
- Sachhar Committee has taken population as the basis of the study
& analysis as well as for recommendations. There is a norm for
majority that is of 2 children whereas Muslims have exempted from this
norm quoting their religion. In such situation, no facilities can be
legally & socially given based on the population percentage because
the growth rate of Hindus & Muslims re population is not at par due
to governmental norms Vs Muslims’ religious vehemence. From 1961 to 2001
total population of India has grown by 134% while Muslim population has
grown by 194% and consequently the share of the Muslim population was
10.7% in 1961 which has become 13.4% in 2001. In such a forced disparity
on Hindus re population growth norms, Muslims should not be given any
facility or quota based on their population. It is against any laws of
democracy. The population growth difference between Muslims &
non-Muslims was 15% in the decade of 1951 -1961 whereas it has become
50% in 1991-2001 decade. Their unlimited children cannot be burdened on
Hindus who follow development norms generally of 2-3 kids.
- If the Sachhar Committee is the study & comparison of Muslim
& Hindu economic & social status then the said committee should
have taken Hindu opinion & experience into consideration. DGP Ohri
approached the said Sachhar committee three times, but the said
committee purposely ignored the requests for a hearing & his written
submission was not even considered in the final report. This means the
said Sachhar Committee’s report is intentionally biased & one-sided.
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