It is now that Pasmanda Muslims would be enumerated in the category of the Other Backward Classes (OBCs) for the purpose of the next country-level caste census. It’s a historic policy change. All earlier Census tallies, even as recently as 2011, had till then been including all Muslims into a homogeneous whole and without distinguishing sub-segment in any category related to caste.
BJP Minority Morcha and OBC Morcha top leaders have reaffirmed the decision. They underscored that Pasmanda Muslims will now gain their rightful place. BJP national president of OBC Morcha K. Laxman clarified that categories already enumerated in state and central lists of OBCs will now be clearly so categorized in caste enumeration.
Political and Social Significance
This is a political gesture of great significance. The BJP, which has long been blamed for being anti-minority, has in recent times been trying to make overtures towards Pasmanda Muslims. Even Narendra Modi, the Prime Minister, has been taking the lead. Including them in the OBC category allows them to avail of reservation and policies of affirmative action for backward communities.
Being on the OBC list also entitles Pasmanda Muslims to utilize existing quotas, mainly for admission to educational institutions and employment in the public sector. The controversy surrounding reservation quotas has been a contentious legal issue for decades.
The 50% Reservation Cap: A Legal Obstacle
In 1992, the Supreme Court’s historic decision in the Indira Sawhney case established a basic principle. The court ruled that, as a rule, reservations cannot be more than 50%. The court was considering the constitutional validity of a 27% reservation for OBCs on the basis of the Mandal Commission report. That report had placed the number of OBCs at 52% of the population of India.
Both the Centre and the states have attempted to increase the quota ceiling since then. These attempts were foiled by the courts, who upheld the 50% limit. But the judiciary also agreed to empirical evidence of backwardness and under-representation before making policy.
Judicial Stand on Reservation
In M Nagaraj (2006), a five-judge bench of the Supreme Court reinstated the 50% limit. The court articulated stricter requirements. According to it, any reservation in promotion at the time of promotion under Article 16 shall be reasonable by establishing: Social backwardness Lack of representation Preserving administrative efficiency
Social backwardness
Lack of representation
Preserving administrative efficiency
And then in 2018, the court thought about reconsidering the M Nagaraj judgment in Jarnail Singh v Lacchmi Narain Gupta. It made clear that backwardness does not have to be established by the states in the case of Scheduled Castes and Tribes with regard to promotion. But it introduced quantifiable data as a must to be supplied by governments in the case of proving inadequate representation.
Knowing the Pasmanda Community
The term ‘Pasmanda’ is Persian in etymology. It refers to “those who have been left behind.” It is employed to denote the economically and socially backward Indian Muslim sections. The Sachar Committee Report (2006) approximated that 40% of Indian Muslims were in OBC and SC/ST categories as per 2004-05 data. But Pasmanda activists claim that the figure is much higher. In their estimation, 80-85% of Indian Muslims are Pasmanda. That too coincides with the figures in the 1871 Census, which had said that 81% of Muslims were lower castes and 19% upper caste.
The Road Ahead
With the caste census on the horizon, this new categorization can bring Pasmanda Muslims into greater prominence and policy focus. Though legal restrictions and data demands continue to exist, this is a sea change in social justice movements. The government initiative, if implemented well, can reshape political calculations and affirmative action for India’s largest minority. Get the latest market insights, latest news, and crime news — visit News Trendzs today!
