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Indian Muslim News - DALIT MUSLIMS

Posted by Indian Muslim Observer | 10 August 2009 | Posted in

Supreme Court seeks Counter Affidavit from Union of India in Dalit Muslims case

By Mohammad Shahanshah Ansari
 
In a great development for PIL lodged in Supreme Court by Akhil Maharastra Khatik Samaj(AMKS) for inclusion of Dalit Muslims in scheduled caste category, counsel court comprising Honble the chief justice, Honble Mr. Justice P. Sathasivam has ordered union of India to file counter affidavit to the writ petition 13 of 2008 within the granted period of 4 weeks. Respondent(s) Additional Solicitor General Mr Mohan Parasaran from Union of India appeared before the Supreme Court to reply to the PIL on 31st July 2009, while Adv. Mr. Mushtaq Ahmed was present from the petitioners side. The petition was filed by AMKS on 25th January 2008 seeking inclusion of Dalit Muslims in the Scheduled Caste category. It is happening for the first time in last full one year that someone from union of India has responded to this petition. It is a positive path breaking achievement for this case.

While speaking to IDMV (Indian Dalit Muslim Voice) Mr. Shamsuddin Shaikh, Chariman of Akhil Maharastra Khatik Samaj told that they are fighting for Dalit Muslim rights for more than a decade and have now filed this petition in hope of seeking justice from the Honble Supreme Court. It is note worthy that from 1935 to 1950 all Dalits belong to any religion were provided with reservations. However, In January 26, 1950 when constitution of India came into force an order was passed by then president of India, Dr. Rajendra Prasad limiting the reservation to only Hindu Dalits, clearly prohibiting the provision of article 341 which states that all scheduled case should be provided with reservation. The Presidential Order 1950 denies inclusion of Dalits of any community other than Hindu in the Scheduled Castes category. The third paragraph of the order says, notwithstanding anything contained in para 2, no person who professes a religion different from Hinduism shall be deemed to be a member of the Scheduled Castes. This part of the order runs contrary to the provisions of Articles 14 (equality before the law), 15 (prohibition of discrimination on grounds of religion) and 25 (freedom to profess and practice any religion) of the same Constitution.

The situation clearly calls for the amendment of the constitution of India, only then the Dalit Muslims and Dalit Christians can be included among the scheduled castes. If it happens so, it would not be the first time. The relevant part of the Constitution containing the order has been already been amended twice: first in 1956 and second in 1990. Through these amendments, Sikhs and Buddhists respectively were included in the Scheduled Caste category and thus they were allowed to avail the benefits of reservation. Hence Dalit muslims should also be provided with the benefit of reservations and other privileges as scheduled castes as the presidential order of 1950 is unconstitutional. The only reason why Dalit belonging to other communities are progressing is due to reservation where as the condition of Dalit Muslims is turning worse day by day in the lack of same. Atrocities against Dalit Muslim is continuing even today.

Dalit Muslims deserve scheduled caste reservation as they are not only engaged in the same profession as Dalit Hindus but also undergo the same social discrimination as their counterpart Dalit Hindus. The status of Dalit Muslims which include Nutt, Bakkho, Khatik, Bhatiyara, Kunjra, Dhunia, Kalal, Dafali, Halakhor, Dhobi, Gorkan, Meershikar, Rangrz, Darji, Mochis, Mukris and Garudis etc. is turning worse day by day.
Mr. Mushtaq Ahmed, advocate in Supreme Court in the above case while speaking to IDMV pointed towards Ranganath Mishra Commission Report which has also recommended SC status for Dalit Muslims. Keeping this recommendation in consideration Central Govt. should amend the self contrasting constitution and implement this recommendation without any further delay in interest of lakhs of discriminated and deprived people.

The IDMV hopes that Union of India will take the objective of this case seriously and understand the suffering of all those 35 dalit muslim castes among Muslims who are in no better condition than other Dalits and grant schedule caste status to this marginalised section of society.

Presented below is the Copy of Petition in Supreme Court for Dalit Muslims.

COPY OF PETITION IN SUPREME COURT FOR DALIT MUSLIMS

WRIT PETITION NO 13 OF 2008
VERSES
Union of India
Ministry of Social Justice and
Empowerment
Shastri Bhawan
New Delhi
(through its Secretary)
……Respondent

PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

To
The Hon’ble Chief Justice of India
And his companion Justices of the
Supreme Court of India
The petitioners above named

MOST RESPECTFULLY SHOWETH:

1. That this is a petition lodged under Article 32 of the Constitution of India for enforcement of the fundamental rights of the petitioners community enshrined under Article 14,15,16,21,26 and their constitutional rights enshrined under Article 341 of the Constitution of India by challenging the vires and constitutionalism of the para 3 of the Constitution (Scheduled caste ) Order, 1950. This order, issued under Article 341 of the Constitution is discriminatory on the ground of religion in that certain Hindu castes have been declared as the Scheduled Castes whereas their Muslim counterparts have been discriminated and denied the status of Scheduled Casts.

2. That Writ Petition(Civil) No.180/2004 captioned Centre Public Interest Litigation vs. Union of India & Ors, W.P(Civil) no.94/2005 captioned D.David vs. Union of India, WP (C ) NO.625/2005 TITLED A.I.United Christion Movement for Equal Rights and Anr. Vs. Union of India and W.P.(C ) NO.47/2006 Captioned Mohd. Sadiq (formerly Dr.Mukesh Kumar) and Anr. Vs, Uinion of India are already pending adjudication in this Hon’ble Court. The instant Writ Petition is somewhat different from those writ petitions in that the former relate to the rights of the Scheduled Castes converted to the religion of Christianity or Inslam whereas the instant writ petition seeks parity based constitutional relief for the Muslim counterparts of the Hindu Scheduled Castes.

3. That the petitioners state at the outset that they have not filed such or similar petitions seeking similar relief in this Hon’ble Court or in any other court.

4. That the substantial questions of law of great and far reaching public importance for authoritative elucidation and pronouncement by this Hon’ble Court, laconically put, are as follows:
A. Is it not discriminatory on the ground of religion( prohibited by Article 15 (1),(2) and 16 (1), (2) of the Constitution of India) that some Hindu castes have been included in the Constitution (Schedule Caste) Order, 1950 as Scheduled Castes whereas their Muslim counterparts have been excluded ?
B. Is not the Presidential Order viz, the Constitution (Scheduled Castes) Order 1950, discriminatory as some Hindu castes have been given the benefit of Scheduled Castes to the denial of their Muslim counterparts whereas both sets of people have been performing the same so called dirty job and have been suffering in terms of social indignation and facing social ghettoisation and ostracism?
C. Is not the said Presidential Order discriminatory and hit by Article 15 (1),16(1) of the Constitution in that the dalit Muslims have been deprived of the status of Scheduled Castes on the ground that there is no caste system in egalitarian Islam whereas the uncomfortable reality is that the Indian Muslim social milieu is caste based not scripturally but practically?
D. Is it not against the concept of prembular secularism and against the working philosophy of secularism as adumberated by this Hon’ble Court in various judgments that one class of depressed, humiliated, looked down upon and ostracized peoples are given special protection and privileges to raise their social and economic status by declaring them as the Scheduled Castes whereas a similar other class of people are deprived of the same only in the name of religion ? Is it not hit by the Constitutional Articles 25,26, and 29 (2)?
E. Whether the said Presidential Order of 1950 is not hit by Article 341 in that the Presidential Order speaks about Hindu Scheduled Castes only whereas there is nothing like this in Article 341?
F. Is not the Presidential Order of 1950 a direct onslaught on the caste autonomy as provided under the Caste Disabilities Removal Act, 1850 which provides that there should be no forfeiture of civil or property rights by reason of renouncing or having been excluded from the communion of any religion or being deprived of caste?

5. That the petitioners are the societies of community which is known by various Hindu Surnames like Khatik, Gholap, Wagh, Suryavanshi, Mashal, Mashalkar, Kamble, Bijapure, Tade, Rathore, Ghodke, Ghone and Nhavkar. The petitioner societies represent this community in Maharashtra.

6. That the Hindu Khatiks in Maharashtra have been declared as the Scheduled Castes but the Muslim Khatiks doing the same job of slaughtering in the same business place have been denied the same arbitrarily and without legal or constitutional basis.

7. That, historically speaking, there was only one caste of Khatiks. Later on, some of them converted to Islam and became Muslim Khatiks. Even their names carry the surname of Khatik. Sometimes, the names are such that it is difficult to distinguish between a Hindu Khatik and a Muslim Khatik. Muslims Khatiks etc are as educationally, socially and economically backward as the Hindu Khatiks but they have not been declared as the khatik Scheduled Casts. Likewise, Muslim Mehtars/ HalalKhor/ Lal Begi/ Bhangi/ Muslim /Dhobi, Mukri, Garudi and Mochi etc. have been denied the status of scheduled castes whereas their Hindu counterparts have been enjoying the benefits and privileges granted to the Scheduled Castes.

8. That, historically speaking, there was only one caste of Khatiks. Later on, some of them converted to Islam and became Muslim Khatiks (For example the conversion proof of this community The Gazetteer of the Bombay Presidency volume xx originally printed in 1884 the Govt. Gazette of SHOLAPUR, SATARA, JALGAON, AHEMADNAGAR AND PUNE OF MAHARASHTRA in which it is clearly mentioned that BAKAR KASB MUSLIM KHATIKS are converted locally and it is also mentioned that previously they keep all Hindu Fasts and feasts and their Names are also the same as Hindu Names. A list of the names of the Muslim Khatik community with similar names to their Hindu counterparts (undated) is filled as Annexure P-1. A true copy of the Gazette of the Bombay Presidency, Sholapur District, Volume XX originally printed in 1884 is filed as Annexure P-2. A true copy of the Gazetteer of the Bombay Presidency Ahmadnagar District volume XVII originally printed in 1884 is filed as Annexure P-3. A true copy of the Gazetteer of the Bombay Presidency, Satara District, Volume xix, originally printed in 1885 is filed as Annexure P-4. A true copy of the Gazette of Bombay Presidency, Poona District, Volume XVIII, Part- I, originally printed in 1885 is filed as Annexure P-5.

9. That the position of Dalit Muslims is no better than the Dalit Hindus. Except at congregational prayers, they remain ostracized and isolated. They are economically very poor. Educationally they are nil. Socially, they are despised, humiliated and looked down upon . The general Muslims hesitate to share food at festival like Eid.

10. That the categorization of Dalits as Hindu Dalits Christian Dalits , Muslim Dalits , Sikh Dalits or Buddist Dalit is a recent phenomenon. It is respectfully submitted that the so called ‘Untouchables’ in India were not a homogenous group of people. They belonged to different ethnic and regional groups and were spread and oppressed throughout the country. During the first half of this century the term “depressed classes” was widely used to opposition from leaders like B.R.Ambedkar. To the use of this term, the Government of India Act of 1935 introduced a new phrase ‘the Scheduled Castes’ to refer to the ‘untouchable communities in schedule-1 of the Act. A copy of the said Act where the term ‘scheduled caste’ was used for the first time is attached herewith as Annexure P-6.

11. That as a policy the framers of the Constitution of India had first envisaged giving representation to all minorities. However, after the soul shaking experience of the Hindu Muslim riots all reservations for minorities were abolished. During the Constituent Assembly debates, 1947-49 the leaders representing the Christian Community Dr.H.C.Mookerjee and Rajkurnari Amrit Kaur who were basically converts but not from Scheduled Caste communities were foremost in advocating the view of abolishment of reservation only in reference to political representation. However, at that stage the Hindu leaders who belonged to Scheduled Caste pleaded for continuation of reservation for them. The Anglo Indians too being a tiny community requested for some sort of reservation for themselves. The Sikhs too demanded that reservation be extended to them as a community since they felt their number was being depleted. But once they realized that this was not going to be granted ,they demanded that at least the converts to Sikhism from the scheduled caste communities be recognised as Scheduled Castes. Finally, the Advisory Committee on Minorities accepted the demand of the Sikh community. Copies of the relevant parts of the Constitution Assembly Debates (Report on Minority Rights held during 1947-49) on this issue are attached herewith as Annexure P-7.

12. Thus, till the Government of India Act, 1935 came into force, all the Dalits belonging to any religion were getting reservation under their religious minority status.

13. The present constitution of India was adopted on 26.11.1949 which contained article 341 which as amended upto date is as follows:

“SCHEDULED CASTES 341(1) The President may with respect to any state or union territory and where it is a state after consultation with the Governor thereof, by public notification, specify the castes races or tribes or parts of or groups within castes areas or tribes which shall for the purpose of this Constitution be deemed to be Scheduled Castes in relation to that state or Union territory as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste race or tribe but save as aforesaid, a notification issued under the said clause shall not be varied by any subsequent notification.”
It is respectfully submitted here that this Article speaks about Scheduled Caste only and makes no reference to religion. Its tenor, colour, language and context are purely secular. But this secular article of the lofty Constitution was religiously communalized when the Presidential Order of 1950 was promulgated under this Article and religion, prohibited at many places in the Constitution, was made the basis of identifying and declaring Scheduled Castes.

14. Thus Article 341 of the Constitution lays down the procedure for specification of Scheduled Castes in relation to different States and Union Territories. Under Articles 341 (1), the first list of Schedules Castes in respect of different State and Union territories is specified by the notification, through an executive order of the President of India. Any subsequent modification, namely, addition or subtraction in these notifications can be effected only by an Act of the Parliament under Article 341 (2). Many such Presidential Orders specifying Scheduled Castes are at present in operation. These Orders, as amended to date, stipulated that No person who professes a religion different from the Hindu the Sikh or the Budhist religion shall be deemed to be member of a Schedules Caste. A true copy of the Certificate (Scheduled Castes) ordered 18.10.1950 with the list of Maharashtra SCS and OBCs is filed as Annexure P-8.

15. That although it was recognized much earlier that the Muslim Khatiks are to converts, it was again recognized in view of the 1951 Census. A true copy of the Jalgaon District Gazette issued in or about 1952 showing that Muslim Khatiks are local converts is filed as Annexure P-9.

16. That in KOLHAPUR (MAHARASHTRA) same meat market is shared by both Hindu and Muslim khatiks for their business and they jointly formed one trust named ‘KSHATRIYA MARATHA AND MUSALMAN (KHATAIK) SAMAJ KOLHAPUR” vide reg. No. kop. E-27. A true copy translated copy of the document dated 27.9.1955 showing this name is filed as Annexure P-10.

17. That the first list of Scheduled Castes under Article 341 (1) was notified through the Constitution (Scheduled Castes) Order, 1950. The test applied for the inclusion in the list, it seems was extreme social educational and economic backwardness arising out of practice of the untouchability. Initially the constitution (scheduled castes) order 1950 had the word ‘Hindu only” No person who professes a religion different from Hindus shall be deemed to be a member of a scheduled caste.” However, it originally contained the following provision:

“Provided that every member of Ramdasi, Kabirpanthi, Mazhabi of Sikligar caste resident in Punjab or Patiala or East Punjab States Union shall, be deemed to be a member of the Scheduled Castes whether he professes the Hindu or the Sikh religion.”

18. That for inclusion of the Sikh in the order there was a great debate in the Constituent Assembly. It was discussed that there is no caste system or untouchability in the sikh religion and that Sardar Vithalbai J. Patel urged upon those Sikhs demanding reservation for Sikh Scheduled Castes “not to lower their religion to such a pitch as to really fall to a level where for a mess of pottage you really give up the substance of religion.”

19. That the issue of the Scheduled Tribes has been delinked from the religion viz. it has been made religion free. It finds a mention in Article 342 of the Constitution with the same language of Article 341. On the same parity and analogy the issue of the Scheduled Castes should be religion free as the Scheduled Castes by whatever name they are known and whatever religion they belong they constitute a class by themselves not by virtue of their religion but by virtue of their being born in that caste. A true copy of the Resolution no.CBC -1058/E,Bombay dated 14.5.1958 issued by the Government of Maharashtra delinking STs from religion is filed as Annexure P-11.

20. That the Muslim Mehtars do the same job as Hindu Mehters. Hindu Mehters have been put in the scheduled caste category whereas the Muslim Mehtars facing the similar situations and social disability have been put in the category of socially and educationally backward classes (SEBC) A true copy of the Resolution dated 10.9.93 issued by the Ministry of Social Welfare is filed as Annexure P-12 where Muslim Mehters have been shown as SEBC at serial no.37.
Similar is the case with Muslim Mukri, Muslim Mochi, Muslim Garudi, Muslim Dhobi, Muslim Jatgar (Matang) and Muslim Banzara etc.

21. That one Sheikh Shabbir s/o Sheikh Kadir was recognised by the Executive Magistrate, Rver Maharashtra. This boy was recognised as Khatik which is recognised as Scheduled Castes under the Constitution (Scheduled Castes) Order, 1950 as appearing in part IX of the Scheduled Castes and Scheduled Tribes (amendment) Act 1978 (No.108 of 1978). A true copy of the Scheduled Caste certificated dated 20.1.1996 issued by the Executive Magistrate, Raver, Maharashtra is filed as Annexure P-13.

22. That by an amendment in the Order in September 1956, the Hindu and sikh religion were placed at the same footing with regard to the specification of the Scheduled Castes and the above proviso was removed. In other words, persons other than Hindus and Sikhs would not be deemed to be Scheduled Castes regardless of their caste of origin.

23. That by another amendment in 1990 Budhists of the Scheduled Caste origin or new Budhists were also given the status of Scheduled Castes by the Constitution (Scheduled Castes) Orders (amendment) Act, 1990. Prior to that, various non-statutory developmental and other benefits had been extended to the new Budhists over a period of time from 1971.

24. That a note dated 6.3.96 prepared for the Cabinet by the Ministry of Welfare Government of India has stated that if reservation is granted to new Dalit Chistians, it will be difficult to refuse a similar demand by the Muslims. The note has referred to 1983 report on Minorities by the High Power Panel on Minorities SC and ST and other weaker sections which said “as Scheduled Castes converted to other religions also continued to suffer from the same social and educational backwardness we recommend that the Presidential Order of 1950 be suitably amended to include all Schedule caste converts irrespective of the religion of their conversion so as to make eligible for all these concessions.” The National Commission for Minorities has also recently recommended that all benefits available to Scheduled Castes be extended to all converts from the Schedules Castes to Christianity and Islam. In the context of these recommendations which apply not only to Christian converts but also to those scheduled caste persons who have converted to other religions, dispensation in favour of Christians alone may be open to challenge on the ground of discrimination. The note further says,” similar demands from other religion/ communities will intensify. In fact, representations have already been received by the Welfare Ministry for the inclusion of Muslim Khatik and mehtars in the lists of Scheduled Castes. In the context of reported moves to recognise Schedules Castes Christian converts as Scheduled Castes some members of Parliament have also written letters and tabled questions in Parliament recently regarding a similar dispensation for Muslims of Scheduled Castes origin, or to remove altogether the nexus between religion and membership of schedules castes in the existing Presidential Orders. A true copy of the note for cabinet dated 6.3.1996 vide No. 12016/30/90-SCD (R-Cell) is filed as Annexure P-14.

25. But the SC statuses was subsequently cancelled by caste certificate verification committee, Maharashtra vide order No. 278/2000 dated 05.2.2001, as he is Muslim. A true copy of the order-dated 5.2.2001 is filed as Annexure P-15.

26. That the Arzals or the Muslim Dalits constitute a sizable section of the society. The stoutness and strength of a chain lies in the fact that all its links are equally stronger. If one of its links is weak, it will break from there. Hence, for this great country to be stronger, it is necessary that the Dalit Muslims are also raised upward at par with their Hindu counterparts by putting them in the category of the Scheduled Castes thereby delinking religion from the issue of the Scheduled Castes. This will enable them to benefit from the statutory as well as non-statutory beneficial provisions. The statutory provisions pertain to article 15 (4) , 16(4) Article 330 (reservations of seats for SCs and STs in the House of the People Article 332 (reservation of seals for SCs and STs in the Legislative Assemblies of the States, 335 (claims of SCs and STs to services and posts, Article 338 (National Commission for SCs and STs and Article 341 (Schedule Castes). In Chapter 3 of the Annual report 2002-2003 issued by the Ministry of Social Justice and Empowerment, Government of India the Ministry has implemented various schemes for the development of Scheduled Castes as the scheme of Post Matric scholarships for SC students for their Economic Development, National Scheduled Castes Finance and Development Corporation (NSKFDC) and State Karamcharis Finance and Development Corporation are playing a key role at National and State level Dr.Ambedkar National Scholarship Scheme for meritorious students belonging to SC/ST has been initiated from 2003 with the objective of recognising, promoting and assisting meritorious students for pursuing higher studies. There is centrally sponsored scheme of hostels for SC boys and girls and many others. Copy of the said Annual report 2002-2003 issued by Ministry of Social Justice and Empowerment, Government of India is attached herewith as Annexure P-16. Thus, as Scheduled Caste converts to Islam and Christianity are not considered as Scheduled Castes, they could not avail those non-statutory benefits, which are implemented for the welfare of Scheduled Castes.

27. That it sounds pertinent and in the fitness of things to reproduce some articles and provisions of the Constitution of India by virtue of which para 3 of the Constitution (Scheduled Castes) order, 1950 becomes nugatory, void, ultra vires and unconstitutional. The said Order is violative of Article 14 because similarly situated castes or people belonging to religions other than Hinduism Sikhism and Buddism have been discriminated. The said Order is hit by the principle of reasonableness, which has been read into Article 14 by this Hon’ble Court. The relevant Articles of the constitution are reproduced herein for the sake of convenience:

Article 14: The state shall not deny to any person equality before law and equal protection of law within the territory of India.
Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
(1) The state shall not discriminate against any citizen on grounds only of religion, race, caste,sex, place of birth or any of them.
(2) No citizen shall , on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, restriction or condition with regard to-
(a) access to shops, public restaurants, hotels and places of public entertainment or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of general public.
(3) Nothing in this article shall prevent state from making any special provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

16. Equality of opportunity in matters of public employment (1) there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,residence or anyof them be ineligible for or discriminated against in respect of any employment or office under the State.
(3)Nothing in this article shall prevent Parliament from making any law prescribing in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within a state or Union territory, any requirement as to residence within the State or Union Territory prior to such employment or appointment.
(5) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of state, is not adequately represented in the service under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation [ in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which in the opinion of the State are not adequately represented in the services under the State.]
(4B) Nothing in this article shall prevent the state from considering any unfilled vacancies of a year which are reserve for being filed up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year]
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.28. That it is most respectfully submitted that a bare perusal of the provisions in the preceding para will reveal that discrimination on the ground interalia of religion and caste or any of them is unconstitutional. The impugned Presidential Order is discriminatory on the ground of religion and caste in that some particular religions and castes have been overlooked without intelligible differentia. For example, Hindu Khatiks, in Maharashtra have been put in the category of the Scheduled Castes whereas Muslim khatiks of Maharashtra have been left out, though socially, educationally and economically they are similarly situated with minor variations which are natural. Similar is the case with Muslim Mehters. The nature of the professional work done for earning their livelihood is almost the same.

17. That the said impugned Presidential Order of 1950 is also hit by article 25 of the Constitution of India;
“Freedom of conscience and free profession, practice and propagation of religion: (1) subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law-
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.
(b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation 1. The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation.II In sub-clause (b) of clause (2) the reference to Hindus shall be construed as including a reference to persons professing the Sikh,jaina or Buddhist religion and the reference to Hindu religion institutions shall be constructed accordingly.”
It is respectfully submitted that Christianity and Islam are proselytizing religions. They have a right to preach their religious ideologies to attract others towards their religion and freely embrace it if they conscientiously so desire. True, conversation by lurement or greed is illegal but non conversion by virtue of fear of losing some benefit is equally illegal and unconstitutional. There are instances that some scheduled caste person wants to freely and conscientiously convert to some other religion of his choice but for fear of losing the benefit of reservation and other benefits.

18. That there are other reports also in favour of this. Various Commissions appointed by the Government, have also recommended reservations for scheduled caste converts to religions other than Hinduism. The Central Government appointed the first Backward Classes Commission under Article 340 of the Constitution of India on 29.1.1953. The Commission also known as Kaka Kalelkar Commission was required “ to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove difficulties and to improve their conditions.” The Commission submitted its report on 30.3.1955. In paragraphs 5 of Chapter 4, it says “Christianity has consistently refused to recognize caste. Taboo on inter marriage, inter dining and widow marriages are systematically opposed in Christian society. And yet, in practice, we found that segregation of converts from Scheduled Castes was not successfully overcome in certain parts of South India. We were informed that this segregation has spread even beyond the secular side of life and sometimes Harijan converts were not allowed to pray together with the upper class Christians. We were told that in some places in the South. These classes are forced to have a separate cemetery for their dead. Further, para 9 says “The State should devise ways and means of helping the backward amongst the advanced communities of Christians and Muslims without forcing them to prove that caste is recognised and casteism is on the increase in their own fold. State help based on communal considerations is never without its dangers. We have accepted it as a necessity in counteracting an age old evil. We recommend with all the emphasis that we can command that help on communal basis should not be a permanent feature. However, the Central Government did not accept that report and put it in the cold storage.

19. That it is submitted that the President of India by an order in the year 1979 under Article 340 appointed the second Backward Classes Commission also popularity known Mandal Commission to investigate the conditions of socially and educationally backward classes within the territory of India. This Commission submitted its report on 31.12.1980. In para 10.36 it quotes Prof Madhu Dandavate who stated that conversion from one faith to another did not change the socio economic status of a person. It was, therefore, desirable that converts from schedules castes to Budhism and Christianity etc should be treated as Scheduled Castes. But until this change was brought about by legislation, all such converts should be listed as OBCs.” In para 12.11, the report goes on to say there is no doubt that social and educational backwardness among non Hindu communities is more or less of the same order as among Hindu communities. Though caste system is peculiar to Hindu society, yet in actual practice, it also pervades the non Hindu communities in India in varying degree.” On the basis of this report the reservation is given to socially and educationally backward classes in services under the Government of India.

20. That the report of the National Commission for Minorities is important in this respect. The Commission in its 3rd Annual Report, 1980 has said on page no.31 that “The Commission has prima facie felt that since the Christians, Muslims and Buddhists of scheduled caste origin continue to suffer from social and economic disabilities even after their conversion, there should be no objection to their availing of the concessions admissible to them before their conversion. The Commission, however, proposes to study this subject in depth before submitting its considered views on the subject.”

21. That it is a pity that Islam does not recognise caste system. It is egalitarian. The equality principle pervades all through the Holy Quran. It say.” O mankind we have created you from a single pair of male and female (Adam and Eve) and made you into nations and tribes that you know (recognise) each other (not that you may discriminate and despise each other).
Verify the most honoured in the sight of Allah is he who is the most righteous of you. And Allah had full knowledge and is well acquainted (with all things)
“O mankind be careful for your duty to you Lord who created you from a single being and from the same created your mate and from these he caused to spread countless men and women and be careful of your duty and be mindful of your ties of kinship, for God is ever watchful over you.”
The Holy Prophet thus declared at the Last Sermon: “No Arab has superiority over a non Arab and no non Arab has a superiority over an Arab. No blackman has superiority over a red and no red over a black. All are born of Adam and Adam was born of earth.”
In another Hadith (tradition of the Prophet) the Prophet of Islam declared;
“ I bear witness that all human beings are brothers to each other.”
This concept of equality found expression much later in Article 1 of the UN Declaration of Human Rights (UNDHR), 1948 which declared “all human beings are born free and equal in dignity and rights.”
34. It is a pity that despite a casteless society despite lofty ideals and preachings about the equality of all human beings, the Indian brand of Islam is caste ridden. True, Allah created different nations clans and tribes etc so that they could be recognised not that they be discriminated. But the lower castes amongst the Muslims are despised, looked down upon and discriminated. The reason for infiltration of the caste system amongst the Muslims in India, according to historians, is that they actually converted to Islam. Thus, the dalit Muslims in India are the converted lot.

22. That the existence of the caste system amongst the Indian Muslims has been accepted and highlighted by the Prime Minister’s High Level Committee on social, economic and educational status of the Muslim community of India popularly knows as the Justice Sachar Committee Report submitted to the prime Minister Dr. Manmohan Singh on 17.11.2006. Some of the important highlights having direct bearing on the issue at hand are reproduced verbatim for your Lordships perusal and convenience.
(i) Sociological studies on the social structure of Muslims in India have emphasized on the presence of descent based social stratification among them. Features of the Hindus caste system such as hierarchical ordering of social groups endogamy and hereditary occupation have been found to be amply present among the Indian Muslims as well. The census of India 1901 listed 133 social groups wholly or partially Muslim. The present day Muslim society in India is divided into four major groups (i) the ashrafs who trace their origins to foreign lands such Arabia Persia, turkistan or afghanistan (ii) the upper caste Hindus who converted to Islam (iii) the middle caste converts whose occupations are ritually clean(iv) the converts from the erstwhile untouchable castes, Bhangi (scavenger)Mehtar (sweaper) Chamar (tanner) Dom and so on.’
(ii) These four groups are usually placed into two broad categories namely ashraf and ajlaf . The former meaning noble includes all Muslims of foreign blood and converts from higher castes.While ajlaf meaning degraded or unholy embraces the ritually clean occupational groups and low ranking converts. In Bihar, U.P. and Bengal Sayyads Sheikhs Moghuls and Pathans constitute the ashrafs. The ajlaf are carpenters artisans , painters , grazioers tanners milkmen etc. According to the census of 1901 the ajlaf category includes the various classes of converts who are knowsn as neo Muslim in Bihar and Nasya in North Bengal. It also includes various functional groups such as that of the Jolaha or weaver Dhunia or cotton carder Kulu or oil presser Kunjra or vegetable seller, Hajjam or barber, Darzi or tailoer and the like. The 1901 census also recorded the presence of a third category called Arzal. It consists of the very lowest castes such the Halalkhor Lalbegi, Abdal and Bediya.”
(iii) Similar pattern of descent based social stratification is discernible in other regions as well. In Kerala the Mophlahs of Malabar are divided into five ranked sections called Thangals, Arabis, Malbaris, Pussalars and Ossans. The thangals trace their descent from the Prophets’s daughter Fatima and are of the highest rank. Next in rank are Arabis who claim descent from the Arab men and local women and retain their Arab lineage. The Malbaris are next in rank. They have lost their Arab lineage and follow matrilineal descent. The Pusalaras are the converts from Hindu fishermen called Mukkuvan the new Muslims. They have low status. The Ossans are the barbers and by virtue of their occupations they rank lowest. In Andhra Pradesh a field study conducted in 1987 found hierarchically arranged endogamous groups among Muslims. At the top of the ladder were those claiming foreign descent Syeds, Shaikh, Pathan and Labbai (descendants of Arab Traders who took native wives). At the lowest level were groups with unclear occupations Dudekula (cotton cleaners)Hazam (barber) and Fakir Budbudki (mendicants)”
(iv) Muslim groups currently bracketed under the category OBC come essentially from the non ashraf section of the Muslim population. They are the converts from the middle and lower caste Hindus and are identified with their traditional occupation. A study of a village in Uttar Pradesh could identify eighteen such groups for example Julahas (weaver) Mirasis (singers) Darzis (tailors) Halwais (sweetmakers) manihars (banglemakers) and so on. The 1911 census listed some 102 caste groups among Muslims in Uttar Pradesh at least 97 of them came from the non ashraf category . Many such groups such as the Rajputs Kayasthas Koeris Koris Kumhars Kurmis Malis MOchais were common among both Hindus and Muslims.
(v) Since the Constitutional (Schedule Caste) Order, 1950 popularly known as the Presidential Order (1950) restricts the SC status only to Hindu groups having unclean occupations their hon Hindu equivalents have been bracketed with the middle caste converts and declared OBC. Thus the OBCs among Muslims constitute two broad categories. The halakhors helas, lalbegis or bhangis (scavengers), dhobis (washermen), nais or hajjams (barbers) chiks (butheers) faquirs (beggers) etc belonging to the Arzals are the untouchable converts to Islam that have found their way in the OBC list. The momins or julahas (weavers) darzi or idiris (tailors) rayeens or kunjuaras (vegetable sellers) are Ajlafs or converts from clean occupation castes. Thus one can discern three groups among Muslims. (1) those without any social disabilities the ashraf (2)those equivalent to Hindu OBCs the ajlafs and (3) those equivalent to Hindu SCs the arzals. Those who ae referred to as Muslim OBCs combine (2) and (3).
That in conference on the Muslim OBCs convened by the Justice Sachar Committee there was a consensus among the participants that Muslims were a differentiated group and this should be reflected in all policy initiatives of the government.
37. About the Scheduled Caste status to Muslim groups, the report of the committee is as follows:
While the ashrafs and Ajlafs occupy the highest and middle positions in the Muslim social structure the arzals are the lowest comprising of those having similar traditional occupation as their Hindu counterparts in the list of schedule castes. It is widely believed that these communities are converts from the untouchables among Hindus. Change in religion did not bring any change in their social or economic status. Because of the stigma attached to their traditional occupation they suffer social exclusion. Despite this they have been deprived of SC status available to their Hindu Counterparts.
Their exclusion from the SC list dates back to 1936 when the imperial (scheduled caste)order rejected SC status to Christians and Buddhists of similar origins. Depressed classes among the Muslims such as Halakhors were included in the list but were barred from availing the benefits. This colonial decree remained the basis on which the government of independent India through the Constitutional (scheduled caste) order 1950 has denied them the status in accordance with the deprivations that they face. The order however has been amended twice one in 1956 to include the SCs among the Sikhs and later in 1990 to include the neo Budhists. Thus practically only the Muslims and Christians of such origins continue to be denied the status. As a result such Muslim groups namely gadheris, gorkuns, mehtars or halalkhors, Muslim dhobis, bakhos, nats, pamarias, lalbegis and others remain impoverished and marginalized. Their inclusion in the OBC lit has failed to make any impact as they are clubbed with the more advanced castes.
Many have argued that the Order of 1950 is inconsistent with Article 14,15,16 and 25 of the Constitution that guarantee equality of opportunity, freedom of conscience and protect the citizens from discrimination by the state on grounds of religion, caste or creed.
38. The caste has been recognised by various Commissions and in some judgments by the Honble court also. The report of the Justice Sachar Committee is worth quoting here :
Article 340 empowers the state to appoint a commission to investigate the condition of socially and educationally backward classes. At the all India level too, such commissions have so far been appointed Kaka Kalekar Commission and B.P. Mandal Commission. The first backward classes commission, Kaka Kalekar Commission submitted its report in 1955. The commission emphasized the lower status in the caste hierarchy as the determining factor for backwardness alongwith other considerations such as educational levels income levels and representation in public employment. The commissions, report was the first instance in which certain castes/communities among Muslims (and other religious minorities) were also declared backward and brought within the purview of affirmative action. The second backward classes commission (B.P.Mandal commission 1980) too relied on the caste criterion, however the tangible indicators to ascertain a caste or any social group as backward included lower position in the caste hierarchy lower age at marriage within the group, higher lower average value of family assets, higher occurrence of Kutcha houses and so on. In the case of non Hindu communities, different yardstick was employed which is discussed later in this chapter.
The usage of classes instead of caste in Constitutional reference to OBCs viz article 15 (4) 16(4) and 340 (1) has led to may legal wrangles and disputes. However the courts like the two backward classes commissions accepted caste as a basis of classification. In Venkataramana vs. State of Madras, the Supreme Court upheld the list of Hindu castes declared as backward by the Madras government. This was further confirmed in Ramakrishna Singh vs. State of Mysore in which the Mysore High Court held that class included persons grouped on the basis of their castes. A series of Supreme Court cases have further refined the provision. In Balaji vs the State of Mysore the Supreme Court put a ceiling on the total quota for affirmative action at fifty %. It was critical of using the caste criterion and on the reasons cited was its inapplicability to non-Hindu groups. In Chitralekha vs. State of Mysore the court clarified that the (i) caste ..may be relevant in ascertaining social backwardness but (ii) it cannot be the sole or dominant test . The caste basis was further clarified in 1968 in P.Rajendran vs. State of Madras wherein the Supreme Court held that a caste is also a class of citizens if the caste as a whole is socially and educationally backward. This was reaffirmed in U.S.V. Balaram vs. State of Andhra Pradesh when the Supreme Court scrapped the Andhra Pradesh High Court ruling and allowed the use of caste as a determinant to define backwardness. In the celebrated Indira Swhney vs. The Union of India (Mandal case), the 9 judge bench rejected economic criterion as the determinant of backwardness. The court upheld the concept of caste as caste can be and quite often is a social class in India. On the question of backward classes among non Hindus, the court held that they should be identified on the basis of their traditional occupations. True copy of a part of the Sachar Committee report dated 17.11.2006 contained in Chapter 10 captioned The Muslim OBCs and Affirmative Action is filed as Annexure P-17.
39. That the National Commission for Religious and Linguistic Minorities consisting of Justice Ranganath Mishra (Chairman) Tahir Mehmood (member) Dr.Anil Wilson (member) Dr.Mohinder Singh (member) Mrs.Asha Das (Member Secretary) Mr.M.C.Joshi Joint Secretary Appellate Authority and Shri Abdul Rashid Dy. Secretary, Public Information Officer appointed by the Ministry of Social Justice and Empowerment, Government of India vide a notification dated 15.3.2005 submitted its report and recommended, interalia, that all those groups and classes among the Muslims and Christians etc whose counterparts among the Hindus Sikhs or Budhists are all included in the Central or State Schedule Castes list should also be covered by the Scheduled Castes net. If any such group or class among the Muslims and Christians etc is now included in OBC list, it should be deleted from there while transferring it to the schedule castes placing the same persons in the scheduled caste lists if they are Hindus, Sikhs or Budhist but in the OBC list if they follow any other religious which is the case in many states in our opinion clearly amounts to religion based discrimination. A true copy of the Commissions report dated 21.5.2007 is filed as Annexure P-18.
40. That from the newspaper reports, it appears that even a statutory body like the National Commission for the Scheduled Caste has recommended that the Dalit Muslims and Dalit Christians be treated as scheduled castes and that this issue be delinked from religion.
41. That the opponents of this demand claim that scheduled caste is a status arising out of untouchability, caste system and other disabilities associated with Hindu religion. As such, when any member of the scheduled caste leaves Hindu fold and enters Islam or Christianity as the religious which recognise no caste system and believe in equality as he or she cannot enjoy that facility. This contention is superfluous and baseless on the following grounds:
A untouchability-Article 17 of the Constitution abolishes untouchability and makes its practice an offence.
Abolition of untouchability aC a Coe untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable. Therefore, to assert the Hindu system of untouchability is standing at the root of this reservation facility to Scheduled caste (dalits) is itself contradicting with Constitutional mandate and is also an offence likewise.
42. That many State Governments and political parties are also in favour of granting Scheduled Caste status to the Muslim Arzals or Muslim Dalit like Khatik, Mehter/Bhangi/Lal Begi/ Halakhor, Mochi, Mukri and Garudi etc. also to the neo Muslims and neo Christians converted from the Hindu Scheduled Castes.
GROUNDS
I. Because originally the Hindu Dalits, Muslim Dalits (arzal) and Christian Dalits were one and the same. It is a later phenomenon that some of the Hindu Scheduled Castes/Dalits converted to other religions.
II. Because the dispisiment, humiliation and discrimination at the social level continues even after conversion from scheduled caste to any other religion like Islam or Christianity.
III. Because it is unconstitutional that similarly situated persons viz (Hindu Dalits) Christian Dalits and Muslim dalits are differentiated and discriminated though they perform the same type of so called dirty jobs. For example Hindu Mehtars, Dhobi, Mochi, Khatiks, Bangaras etc have been put in the schedule caste category whereas their Muslim and Christian counterparts have been discriminated and denied the same Constitutional protection or privilege.
IV. Because the Constitution (Schedules Castes) order 1950 is based on religion, hence it is unconstitutional and hit by Article 15 and 16 of the Constitution of India which prohibit discrimination based only on religion or caste.
V. Because the said Presidential Order is also hit by the equality Article 14 of the Constitution which prohibits discrimination amongst similarly situated persons or groups.
VI. Because the said Order is further hit by the principle of reasonableness and propriety which has been judicially read in Article 14 of the Constitution of India.
VII. Because though the religions of Islam and Christianity do not recognise caste system like Hindus but reality is that it prevails amongst them also with a difference in degree.
VIII. Because the Presidential Order, 1950 is anti secular as it is hit by article 25 of the Constitution also.
IX. Because the Hindu butchers called Khatiks have been declared as Scheduled Castes whereas Muslim Khatiks doing the same job or profession though in a different way have been denied the same despite the fact that their educational, social and economic situations are same.
X. Because, Kasai, butchers, Khatiks and Bakar Kasab are one and the same known by different nomenclatures.
XI. Because many Commissions including the National Commission for minorities and the National Commission for Religious and Linguistic Minorities have recommended that the Christian Dalits and the Muslim Dalits be declared as Scheduled caste at par with their Hindu counterparts.
XII. Because the Scheduled Castes converted to Sikhism enjoy reservation although Sikhism does not allow caste system and no proof was adduced that even after conversion to Sikhism the same caste disability and the former customs and traditions continued. Same is the case with Budhists.
XIII. Because the issue of the Scheduled Tribes is delinked from religion, hence the issue of Scheduled Castes should also be delinked from religion.
XIV. Because untouchability should not be the sole criteria for the purpose of identifying the Scheduled Castes in view of the Article 17 of the Constitution Protection of Civil Rights Act and SC/ST(Prevention of Atrocities Act etc.)
PRAYER
It is, therefore, most respectfully prayed that this Honble Court may be graciously pleased ;
(i) to issue a writ of certiorari and declare clause 3 of the Constitution (Scheduled Castes) Order, 1950 as ultra vires the Constitution of India
OR
(ii) to issue a writ, mamdamus commanding the respondent Union of India to identify and include the Muslim Arzals or Muslim Dalits like khatiks, mehters/ Bhangi/Lal- Begi/ Halakkhor, Mochi, Mukri and Garudi etc. in the category of other Scheduled Castes mentioned in the Constitution (Scheduled Castes) Order, 1950.
(iii) to pass further order as deemed fit and proper by this Honble Court.
AND FOR THIS ACT OF KINDLNESS THE PETITIONER SHALL AS IN DUTY BOUND EVER PRAY.
Drawn on: 6.1.2008 Drawn and filed by:
Filed on : 8.1.2008
(MUSHTAQ AHMAD)
ADVOCATE FOR THE PETITIONERS

AN APPLICATION FOR EXEMPTION FROM FILING OFFICIAL TRANSLATION
To
The Honble Chief Justice of India
And his companion Justices of the
Supreme Court of India
The petitioners above named
MOST RESPECTFULLY SHOWETH:
1. That the petitioners have filed the accompanying writ petition for the enforcement of their fundamental rights as contained in Articles 14, 15, 16, 21, and 25 of the Constitution. The averments of the writ petition may be treated as part and parcel of this application as the same are not being reproduced for the sake of brevity.
2. That annexures P- are in Marati language which have been faithfully translated in the office of the counsel.
PRAYER
It is therefore most respectfully prayed that this Honble Court may graciously be pleased to :-
(i) to exempt the petitioners from filing the official translation of Annexure P-
(ii) to pass further order as deemed fit and proper in the interest of justice.
Drawn & Filed by:
(MUSHTAQ AHMAD) Advocate for the petitioners
Drawn on : 6.1.2008
Filed on : 8.1.2008
INDEX
Sr. No. Particulars Pages
1. Synopsis and List of Dates A-H
2. Writ Petition with Affidavits 1-57
3. Annexure P-1
A list of the names of the Muslim Khatik community (undated) with similar names to their Hindu counterparts ) 58-
4. Annexure P-2
True copy of the Gazetteer of the Bombay Presidency, Sholapur District, Volume XX originally printed in 1884 showing that Muslim-Khatiks are converts 59-65
5. Annexure P-3
True copy of the Gazetteer of the Bombay Presidency Ahmad Nagar, District, Volume XVII originally printed in 1884 showing that Muslim Khatiks are converts 66-69
6. Annexure P-4
True copy of the Gazetteer of the Bombay Presidency, Satara District, Volume XIX originally printed in 1885 showing that Muslim Khatiks are local converts 70-79
5. Annexure P-5
True copy of the Gazetteer of Bombay Presidency, Poona District Vol. XVIII, Part-I Originally printed in 1985 showing that Muslim Khatiks are converts. 80-81
6. Annexure P-6
True copy of an extract of the Govt. Of Indian Act, 1935 82-83
7. Annexure P-7
True copy of the relevant parts of the Constituent Assembly Dalites (report on minority rights) held during 1947-49 84-93
8. Annexure P-8
True copy of the relevant parts of the Constitution (Scheduled Castes) Order 1950 dated 10.8.1950 with list of Maharashtra SCs and OBCs 94-106
9. Annexure P-9
True copy of the Jalgaon District Gazetteer issued in or about 1952 showing that Muslim Khatiks are local converts 107-111
10. Annexure P-10
True copy of the document dated 27.9.1955 showing the name Kshatriya Maratha and Musatma Khatik Samaj 112-115
11. Annexure P-11
True Copy of the resolution dated 14.5.1958 issued by the Govt. of Maharashtra delinking the STs from religion 116
12. Annexure P-12
True copy of the resolution dated 10.9.1993 passed by the Ministry of Social Welfare wherein Muslim Mehters have been show as SEBC at Serial No. 37 117-118
13. Annexure P-13
True copy of the Scheduled Caste Certificate dated 20.1.1996 issued by the Executive Magistrate, Raver Maharashtra 119
14. Annexure P-14
True copy of the Note for Cabinet dated 6.3.1996 vide No. 12016/30/90-SCD (C-Cell) 120-132
15. Annexure P-15
True copy of order dated 5.2.2001 whereby caste certificate was cancelled by Caste Certificate Verification Committee, Maharashtra vide order No. 278/2000 133-134
16. Annexure P-16
True copy of the Annual Report 2002-03 issued by Ministry of Social Justice and Empowerment, Govt. of India. 135-156
17. Annexure P-17
True copy of a part of the Sachar Committee Report dated 17.11.2006 157-182
18. Annexure P-18
True copy of the extract of the Report of the National Commission for Religious and Linguistic Minorities dated 21.5.2007 recommending delinking of religion from SC issue 183-187
19. I.A. No. of 2007
An application for exemption from filing official translation of Annexures 188-189
INDEX
Sr. No. Particulars Pages
1. Synopsis and List of Dates A-H
2. Writ Petition with Affidavits 1-57
3. Annexure P-1
A list of the names of the Muslim Khatik community (undated) with similar names to their Hindu counterparts ) 58-
4. Annexure P-2
True copy of the Gazetteer of the Bombay Presidency, Sholapur District, Volume XX originally printed in 1884 showing that Muslim-Khatiks are converts 59-65
5. Annexure P-3
True copy of the Gazetteer of the Bombay Presidency Ahmad Nagar, District, Volume XVII originally printed in 1884 showing that Muslim Khatiks are converts 66-69
6. Annexure P-4
True copy of the Gazetteer of the Bombay Presidency, Satara District, Volume XIX originally printed in 1885 showing that Muslim Khatiks are local converts 70-79
5. Annexure P-5
True copy of the Gazetteer of Bombay Presidency, Poona District Vol. XVIII, Part-I Originally printed in 1985 showing that Muslim Khatiks are converts. 80-81
6. Annexure P-6
True copy of an extract of the Govt. Of Indian Act, 1935 82-83
7. Annexure P-7
True copy of the relevant parts of the Constituent Assembly Dalites (report on minority rights) held during 1947-49 84-93
8. Annexure P-8
True copy of the relevant parts of the Constitution (Scheduled Castes) Order 1950 dated 10.8.1950 with list of Maharashtra SCs and OBCs 94-106
9. Annexure P-9
True copy of the Jalgaon District Gazetteer issued in or about 1952 showing that Muslim Khatiks are local converts 107-111
10. Annexure P-10
True copy of the document dated 27.9.1955 showing the name Kshatriya Maratha and Musatma Khatik Samaj 112-115
11. Annexure P-11
True Copy of the resolution dated 14.5.1958 issued by the Govt. of Maharashtra delinking the STs from religion 116
12. Annexure P-12
True copy of the resolution dated 10.9.1993 passed by the Ministry of Social Welfare wherein Muslim Mehters have been show as SEBC at Serial No. 37 117-118
13. Annexure P-13
True copy of the Scheduled Caste Certificate dated 20.1.1996 issued by the Executive Magistrate, Raver Maharashtra 119
14. Annexure P-14
True copy of the Note for Cabinet dated 6.3.1996 vide No. 12016/30/90-SCD (C-Cell) 120-132
15. Annexure P-15
True copy of order dated 5.2.2001 whereby caste certificate was cancelled by Caste Certificate Verification Committee, Maharashtra vide order No. 278/2000 133-134
16. Annexure P-16
True copy of the Annual Report 2002-03 issued by Ministry of Social Justice and Empowerment, Govt. of India. 135-156
17. Annexure P-17
True copy of a part of the Sachar Committee Report dated 17.11.2006 157-182
18. Annexure P-18
True copy of the extract of the Report of the National Commission for Religious and Linguistic Minorities dated 21.5.2007 recommending delinking of religion from SC issue 183-187
19. I.A. No. of 2007
An application for exemption from filing official translation of Annexures 188-189

(Courtesy: DalitMuslims.com)

Indian Muslim News - ISSUES

Posted by Indian Muslim Observer | | Posted in ,

Maulana Wahiduddin Khan: On Self-Styled Jihadism and the Pakistan Situation

(Translated from Urdu by Yoginder Sikand)

Dismal State of Affairs in Pakistan

Fierce fighting continues to rage between the Pakistani Army and Taliban forces along the border between Afghanistan and Pakistan . Every day, reports pour in of vast numbers of people being killed in this violence. Ironically, both parties to the conflict are Muslims, and both claim to want to impose Islamic laws in Pakistan .

The Pakistani Army has named its current anti-Taliban offensive as Operation Direct Action. Strangely enough, in 1946, just prior to the creation of Pakistan , the Muslim League launched what it called Direct Action against the Hindus. Now, Pakistani leaders have begun Direct Action against Pakistani Muslims themselves. The head of the Pakistani Army, General Ashfaq Parvez, is quoted as having admitted with regard to the against the Taliban that, There is a difference between conventional war and the present one. In the ongoing war, it is difficult to identify friends or foes.

The ongoing war between the Pakistani Army and the Taliban is not the result of any so-called conspiracy on the part of external, non-Muslim forces. Instead, it is entirely the result of the tragic and monumental blunders of Muslim leaders themselves. One of these blunders relates to Pakistan s arming of terrorists to wage its self-styled jihad in Kashmir . This was, without doubt, something wholly un-Islamic, because in Islam the legitimate use of arms is limited only to the state or established government. The internecine strife that Pakistan is witnessing today is the heavy price that it is paying for this costly mistake made by its leaders. And, it seems very clear to me, the ongoing Operation Direct Action will not be able to end this strife.

The second blunder which has resulted in the seemingly ceaseless strife in Pakistan is the result of an erroneous political interpretation of Islam. The Pakistani Government as well as the Taliban have promoted this sort of interpretation. One major damage of a political interpretation of Islam is that it projects Islam as something to be enforced or imposed, rather than willingly followed. It was this sort of interpretation that led to political extremism in the name of Islam in Pakistan and Afghanistan . In turn, this led to conflict and war, reflecting the wrong notion that Islamic laws could be imposed through force.

As I see it, the only solution to the grim situation facing both Pakistan and Afghanistan is what is called tauba or repentance in Islam. This would mean for all parties to the conflict to explicitly and clearly admit and repent for their mistakes, abandon the path of violence and adopt the path of peace. Just as in religious matters reform begins with repentance, so, too, in national and international affairs. Unless one accepts the mistakes of the past, success will continue to evade one in the future. This applies as much to individuals as to entire countries and their governments.

Wrong Priorities

Recently, I came across a book penned by a Syeda Humaira Maududi, daughter of Maulana Syed Abul Ala Maududi, the founder of the Jamaat-e Islami. She writes about her father thus:

My father used to tell us that if he had had the chance to take care of us properly he would have made us ideal children, models for the rest of the world to emulate. But, he would say, because he could not give us adequate attention, he did not have the right to question us. He would say that he had sacrificed his time for religious activities and to uphold the supremacy of Islam, and that is why he had left us in Gods care.

Following the Partition, Maulana Maududi shifted to Pakistan , where he worked for 32 long years. All those years he devoted just to one thinto help make Pakistan an Islamic State. Yet, as the conditions of Pakistan today suggest, he was not successful in this endeavour at all. He did not register even one per cent of success in this regard. Instead of this, perhaps he should have devoted his attention to making his own family a model Islamic one.

This is what I mean by wrong priorities. It was not possible for Maulana Maududi to gain any positive success in the political field, but, yet, he devoted his energies to it, instead of to his family. This is what can be called intellectual blindness. Strangely enough, in todays times almost all Muslim leaders suffer from this very same intellectual blindness that has caused such terrible damage to, and havoc with, the Muslims themselves.

Jihad in Islam

The word jihad means to struggle. Contrary to what is generally believed, in Islam the major form of jihad is peaceful struggle or peaceful activism by inviting people to Gods path using the Quran. As the Quran says, Therefore listen not to the Unbelievers, but strive against them with the utmost strenuousness, with the (Quran) (25:52). Now, as this verse clearly suggests, engaging in jihad with the help of the Quran definitely cannot mean physical war. The Quran is a book that invites people to listen to it, and so the above Quranic commandment to engage in jihad with the help of the Quran essentially means to exert oneself to the utmost in peacefully inviting people to Gods path. It is this jihad that a hadith report in the Sunan Abud Dawud says shall continue until the Day of Judgment.

One restricted meaning or form of jihad is qital, which involves physical warfare. The Quran suggests that this form of jihad is meant to be a temporary move, a rare exception, and a step undertaken in defence. It cannot be considered as a permanent and never-ending action, for this meaning is not reflected in the life of the Prophet Muhammad himself. There were numerous occasions in the Prophets life when his enemies sought to wage war against him but he avoided the violent path. This was exemplified, for instance, in his migration to Medina , the Battle of the Trench and the Treaty of Hudaibiyah which he signed with his Meccan foes.

A Basic Principle for Islamic Movements and Groups

A basic principle that should guide the work of Islamic movements and groups is to completely abstain from conflict and engage in their mission using only peaceful means. This is a policy of what I would call political status quoism and non-political activism. It entails staying aloof from political confrontation and fully using the opportunities available in the non-political field. This wise and sensible method was used by the Prophet Muhammad throughout his life. And, this is why he was able to achieve such great success. The advantage of this method is that one immediately gets a starting point to begin ones work or mission, after which one can devote all ones energies to it, using all available opportunities and in a peaceful manner for this purpose.

This method is a guarantor for positive thinking and for cleansing the mind from what I call the protest mentality. A person or community characterized by this way of thinking and acting considers every other human being, no matter what his or her religion, to be a brother. This is a method geared to gradual transformation, which is in accordance with Nature. It is an unassailable truth that in this world only the gradual method is successful. All other paths lead to destruction and nothing else.

[The write-up has been translated from Al-Risala, August 2009. Yoginder Sikand works with the Centre for the Study of Social Exclusion and Inclusive Social Policy at the National Law School, Bangalore. He can be contacted on ysikand@yahoo.com]

Indian Muslim News - GENERAL

Posted by Indian Muslim Observer | 03 August 2009 | Posted in , , ,

Class V student Ambreen Fatima appeals for reduction of greenhouse gases emission

Ambreen Fatima studying in Class V at Lions Public School, Ashok Vihar is appealing for reduction of the emission of green house gases and pollution. In 2007, she along with Muhammad Farhan Alam in the neighbourhood distributed pamphlets for boycotting crackers on the occassion of Diwali with impact on the adult behaviour in the neighbourhood under the banner of Children for Smokeless Delhi. In this video created she is appealing for reduction in the emission of green house gases all over the world. She shares concerns for the increasing rate of melting of glaciers, expansion of deserts, incidence of drought etc.

Earlier, Ambreen along with her friend Arushi gave a call for the end of female foeticide. Ambreen Fatima and Arushi decided to do this video for ending the female foeticide.

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