BJP Condemns Ranganath Misra Commission Report

The Ranganath Misra Commission Report: A tool for vote bank politics
The Ranganath Misra Report is not unanimous.
The report recommends, amongst other things, 15 per cent reservation to minorities in education,Central and State Government jobs and social welfare schemes in the OBC quota. Out of 15 per cent,the report recommends 10 per cent to Muslims and remaining 5 per cent to other minorities. It alsorecommends the inclusion of Dalit Christians and Dalit Muslims in the list of Scheduled Castes. However,Smt Asha Das, its Member Secretary has submitted her dissenting opinion opposing the inclusion of DalitChristians and Dalit Muslims in the category of Scheduled Castes.At present all minorities including the so called Dalit Muslims and Dalit Christians are entitled toreservation of 8.4 per cent out of 27 per cent reservation meant for OBC. If the reservation percentagefor minorities is increased from 8.4 per cent to 15 per cent, then the share for OBC will be reduced to 12 percent only, thus causing injustice, humiliation and social disharmony to OBC, whose population is estimated at52 per cent as per the Mandal Commission Report.The reservation percentage based on population is permissible under the Constitution only to the ScheduledCastes and Scheduled Tribes (15 per cent and 7.5 per cent respectively) and to no other section of thesociety.
It may be difficult to fault the rationale adopted during British rule, and continued after Independence,behind identification of depressed classes/scheduled castes on the basis of untouchability relateddisabilities which were peculiar to the Hindu society, arising from a highly rigid caste system. The ScheduledCastes Order of 1936 was based on "caste" and its application to the Hindu religion is apparent from the factthat paragraph 3 of the Order issued on April 30, 1936 provides clearly that "No Indian Christian shall bedeemed to be member of a Scheduled Caste". The Constitution (Scheduled Castes) Order, 1950 was basedon the Constitution (SC) Order of 1936 and adopted the same criteria for identification of castes i.e. practicesand prejudices arising from untouchability that had plagued Hindu society for centuries and had resulted inthe social, educational and economic backwardness of the castes enlisted. The 1956 and 1990 amendmentsto the Constitution (Scheduled Castes) Order 1950 have been justified on the ground that the Sikh and theBuddhist religions were primarily home-grown sects within the Hindu religion rather than being independentreligions in the nature of Christianity or Islam . Besides they draw support form explanation II belowArticle 25 of the Constitution which provides that reference to Hindu in Sub-clause (b) of clause (2) ofArticle 25 shall be construed as including a reference to persons professing the Sikh, Jain orBuddhist religion.
The Constitution (Scheduled Caste) Order 1950 enlist those castes, identified on the criteria of extreme formof social, economic and educational backwardness arising due to age-old practice of untouchability becauseof caste system, an inherent feature of Hindus social structure. This is in conformity with the Provisions of1/3 Article 341 of the Constitution. This also get support from the debated in the Constituent Assembly whichrecognised that "the Scheduled Castes were a backward section of the society, handicapped by the practiceof untouchability and that this evil practice of untouchability was not recognised by any other religion". Theobservation of the Commission that the caste system in India prevails in all religions irrespective of the Islamand Christianity claiming otherwise. This view, being illogical, is unacceptable. These two religions proclaimtheir social structure free from caste system, untouchability and caste-based discrimination. The RanganathMisra Commission cannot dictate or thrust its opinion on the Christian Popes or Muslim Maulavis.If the Government decides to grant Scheduled Caste status to the converts, it will amount to formalintroduction of caste system in Islam/Christianity and thus changing the basic tenets of these religions, whichis outside the jurisdiction of both the Parliament and the Judiciary and also contrary to the provisions ofQuran and Bible. According to the Poor Christian Liberation Movement (PCLM) and Indian ChristianRighteous Action Forum (ICRA) leaders Shri RL Francis and Shri Joseph G Anthony the report is a "Pill worstthan disease" and the reservation based on religion is not only unconstitutional, it would also create badblood between minorities and the Hindu Dalits and OBCs. They further added that "PCLM and ICRA Forum,an independent body of Christians, opposes the Ranganath Misra Report and have urged theGovernment of Dr Manmohan Singh to ignore its recommendations. "
Even though those who profess Christianity or Islam were never treated as Scheduled Castes in British Indiaor in India after Independence, efforts have been made from time to time to seek conferment of ScheduledCaste status on persons of Scheduled Caste origin professing Christianity. Private Members Bill had beenmoved more than once. The National Convention of the Parliamentary Forum of the ScheduledCastes/Scheduled Tribes in 1992 also passed a resolution for extending reservation facility to persons ofScheduled Caste origin to Christianity. The Constitution (Scheduled Castes) Order 1950 (Amendment Bill)was also prepared in 1996 though never introduced. The views of the various Central Ministers/Departmentsand State Governments were obtained in this regard. They drew attention to the debate of the ConstituentAssembly and pointed out the difficulty for determining the precise number of persons who would be covered.The absence of any suggestion on the cut-off date for determining who would benefit was also pointed out. Itwas also mentioned by several states and commissions that there was no justification for includingScheduled Caste converts to Christianity in the list of Scheduled Castes. There would be enormousdifficulty in identification of the original cast in the absence of authentic records.There is a ceiling on the reservation percentage fixed by the Supreme Court at 50 per cent. Thereservation percentage at national level has been earmarked, on the basis of 1961 census, 15 per cent to theScheduled Castes 7.5 per to the Scheduled Tribes and 27 per cent to the OBC. The total comes to 49.5 percent which is nearer to 50 per cent. Those who plead reservation to the converts outside 15 per cent quotameant for the Scheduled Castes, are not possibly aware of the 50 per cent ceiling.