Frames Questions To Determine Constitutional Validity
The Supreme Court on Friday framed questions to test the validity of the demand based on the Ranganath Misra Commission recommendation for inclusion of dalit Christians and Muslims in the scheduled caste list to avail quota in education and jobs.
A Bench comprising Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar posted for February 24 final hearing on petitions challenging the Presidential Order of 1950 limiting reservation to dalits among Hindus, Sikhs and Buddhists.
It also made the national commissions for minorities and scheduled castes parties to the pending petitions, issued notices and asked for their responses. The SC commission has said it had no objection to reservation given to dalit Muslims and Christians but had asked the Centre to ensure that it did not carve out quota for them from the existing 15% for SCs. The government had said that any change to include dalits, who converted to Christianity and Islam—both religions not recognising any caste-based division—had to be left to Parliament and
could not be done by courts.
Petitioner Centre for Public Interest Litigation (CPIL) argued through advocate Prashant Bhushan that the SC list should be prepared based on socio-economic conditions rather than on people’s religion. He asked: “How is it that a dalit Hindu, Sikh or a Buddhist is eligible for reservation but not a dalit Christian or Muslim? Is this not discrimination on the basis of religion which is prohibited under the Constitution?”
He said the Presidential Order of 1950 had originally envisaged reservation for dalit Hindus alone. In 1959, it included dalits from the Sikh community and then in 1990 Buddhists. The questions framed by the highest court were:
Whether a provision in Constitution (Scheduled Castes) Order, 1950, saying “no person who professes a religion different from Hinduism, Sikhism and Buddhism shall be deemed to be a member of a Scheduled Caste” is unconstitutional and void?
Whether the existing reservation benefits to Scheduled Caste people professing a religion different from Hinduism, Sikhism and Buddhism can be diluted by extending them to dalit Christians and Muslims?
Deoband favours quota for Muslims
New Delhi: Islamic seminary Darul-Uloom Deoband has favoured reservation for Muslims. Chief of the seminary Maulana Ghulam Mohammed Vastanvi said, “I support reservation for Muslims. There should be quota (for the community). The representation of Muslims is not adequate in government jobs and other areas,” he said. He said recommendations of the Sachar committee should be implemented for the welfare of the community. AGENCIES
Source: The Times of India dt 22.01.11
The Supreme Court on Friday framed questions to test the validity of the demand based on the Ranganath Misra Commission recommendation for inclusion of dalit Christians and Muslims in the scheduled caste list to avail quota in education and jobs.
A Bench comprising Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar posted for February 24 final hearing on petitions challenging the Presidential Order of 1950 limiting reservation to dalits among Hindus, Sikhs and Buddhists.
It also made the national commissions for minorities and scheduled castes parties to the pending petitions, issued notices and asked for their responses. The SC commission has said it had no objection to reservation given to dalit Muslims and Christians but had asked the Centre to ensure that it did not carve out quota for them from the existing 15% for SCs. The government had said that any change to include dalits, who converted to Christianity and Islam—both religions not recognising any caste-based division—had to be left to Parliament and
could not be done by courts.
Petitioner Centre for Public Interest Litigation (CPIL) argued through advocate Prashant Bhushan that the SC list should be prepared based on socio-economic conditions rather than on people’s religion. He asked: “How is it that a dalit Hindu, Sikh or a Buddhist is eligible for reservation but not a dalit Christian or Muslim? Is this not discrimination on the basis of religion which is prohibited under the Constitution?”
He said the Presidential Order of 1950 had originally envisaged reservation for dalit Hindus alone. In 1959, it included dalits from the Sikh community and then in 1990 Buddhists. The questions framed by the highest court were:
Whether a provision in Constitution (Scheduled Castes) Order, 1950, saying “no person who professes a religion different from Hinduism, Sikhism and Buddhism shall be deemed to be a member of a Scheduled Caste” is unconstitutional and void?
Whether the existing reservation benefits to Scheduled Caste people professing a religion different from Hinduism, Sikhism and Buddhism can be diluted by extending them to dalit Christians and Muslims?
Deoband favours quota for Muslims
New Delhi: Islamic seminary Darul-Uloom Deoband has favoured reservation for Muslims. Chief of the seminary Maulana Ghulam Mohammed Vastanvi said, “I support reservation for Muslims. There should be quota (for the community). The representation of Muslims is not adequate in government jobs and other areas,” he said. He said recommendations of the Sachar committee should be implemented for the welfare of the community. AGENCIES
Source: The Times of India dt 22.01.11
No comments:
Post a Comment