AP Muslim Quota – Why cant I have what you just gave him ?
The hardest cases in Justice ask the easiest questions.
The AP government is having a really hard time convincing the court with its Muslim quota. Its third attempt at 4% quota was rejected by a 7-judge bench of the AP High Court. (Related news). (Link to judgment). The AP Congress government is preparing to appeal to the Supreme Court .
Ironically, this happened the same day the West Bengal government announced a 10% quota for Muslims. I had written almost 3 years back that the CPI-M in Bengal would be severely penalized for its quota policies. They seem to be getting around and correcting this mutant behaviour.
So, why is this happening ? Are the ground rules so unclear even for such a fundamental law ?
It is because people look at what other people get and assume they have a similar right to it. The absence of any visible evidence supporting necessity of special treatment strengthens perceptions. When it comes to quotas the touchstone is almost always Tamilnadu. The TN government had no trouble passing a Muslim quota, they even passed a Christian quota which was revoked on representations by the Christian community.
Here is Mr Syed Shahabuddin of NMMR (Muslim Reservation Movement)
New Delhi: Former Lok Sabha Member and Convener of National Movement for Muslim Reservation (NMMR), Syed Shahabuddin has termed as “unfortunate and deplorable” the ruling of Andhra Pradesh High Court quashing the 4% quota for backward Muslims in the state. “The Hon’ble High Court has ignored the fact that under Article 15 (1), read with Article 15 (4), reservation may be religion-specific or caste-specific or race-specific or language-specific, if the social group concerned passes the test of backwardness. It has also ignored the fact that several states, Karnataka, Tamil Nadu & Kerala have provided reservation for Muslims as a community and other religious groups,” Syed Shahabuddin said.
Source : Two Circle (emp mine)
Here is Mr Owaisi
“When Muslims in Tamil Nadu, Kerala and Karnataka are provided reservations, it is strange that it is getting quashed repeatedly in Andhra Pradesh High Court,” said Asaduddin Owaisi, Hyderabad MP and president of the Majlis-e-Ittehadul Muslimeen (MIM), who considers the latest verdict a severe blow to the community.
Source : Thaindian (emp a)
There is lot of cheer from misinformed public as evident in online comments. But this is not a case where you need to get involved in legal minutae. It is far simpler and much harder. The real question is : Does anyone have an answer to Mr Syed Shahbuddin and Mr Owaisi ? Why strict scrutiny for them in this case and not for Hindu castes in a much larger case involving 2% cess ? Remember large hindu castes are no different than muslims when it comes to quotas. Both are staging units for social justice.
This ad hoc benefit granting and protection is exactly what locks people into voting patterns. Destroys democracy because it would be against natural order to expect humans to vote against self interest.
It is interesting the majority judges applied a narrow interpretation of strict scrutiny doctrine in Thakur (2007 OBC quota case). It will be interesting how the Supreme Court deals with the AP governments appeal – given that several pending cases for Tamilnadu has not been addressed for decades. Can eat cake and put it back in fridge.
Because as long as the fat kid enjoys his free milk shake and ice cream in the corner – other kids who see it are going to ask “Why only nimbu juice for us ?”. You better be prepared with an answer.