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India Today
    CURRENT ISSUE July 04, 2005
 
   STATES: ANDHRA PRADESH
 
Backward Move

Chief Minister Reddy's decision on reservations for Muslims in education and jobs is likely to fall into a legal trap again
 

Andhra Pradesh Chief Minister Y.S. Rajasekhara Reddy does not give up easily. Having failed once, he is taking extra care to make sure nothing goes wrong in fulfilling his poll promise of granting reservations to Muslims in education and jobs. Within weeks of his assuming office in 2004, the Government had extended 5 per cent reservation to Muslims. But its order of July 12, 2004 was quashed by the Andhra Pradesh High Court on September 21. The court said the issue had not been referred to the Backward Classes Commission and seemed to have been cleared in a hurry.

  PICTURE SPEAK
GAIN OR BANE: Reddy (centre) is trying to woo Muslims with quotas

Unfazed by the setback, Reddy set up the D. Subrahmanyam Commission in November, which endorsed the 5 per cent quota to Muslims. Reddy has said that the reservations will be effected through an ordinance so that the quota becomes available from the academic year 2005-6. Significantly, according to the 2001 census, Muslims account for 6.98 million-or 9.2 per cent-of the state's population of 76.21 million.

"A separate category-E group-will be created for Muslims for reservations in the list of Backward Classes but the creamy layer would be excluded," says the state Information Minister Mohammed Ali Shabbir. The Subrahmanyam Commission recommended the exclusion of the creamy layer of Muslims as per the direction of the high court. Consequently, children of persons with a gross annual income of Rs 2.5 lakh or those working as Class I or II government or judicial officers and such categories would not be eligible for reservations. With the creation of a distinct category the reservations for Muslims will be over and above the 25 per cent reservation for 93 existing Backward Classes. Therefore, they would not suffer any loss by the inclusion of Muslims.

However, the move is likely to face legal flak. The total reservation in the state is now 51 per cent, more than the 50 per cent ceiling set by the Supreme Court. "The court has said the ceiling could be raised under extraordinary circumstances," argues Reddy. He points out that SCs, STs, Backward Classes and Muslims account for 77 per cent of the state's population.

However, his critics say this is a dangerous trend. "It is a conspiracy to divide society and reservations for Muslims will affect national unity," warns state BJP President N. Indrasena Reddy. "There is no scope for religion-based reservations in India. This is only meant to appease Muslims." His fear is that if the trend spreads to other states, the country may be divided on the basis of religion. Conscious that the Congress may use reservations for electoral gains, the BJP is exploring legal options to stall Reddy's plan.

Clearly, Rajasekhara Reddy is redeeming an election promise made to score brownie points over arch rival N. Chandrababu Naidu of the TDP who had promised 3 per cent reservations. But in playing to the gallery ahead of the municipal elections in the state, Reddy has ignored the repercussions of his decision for the country.

Instead, the state Government should identify the socially disadvantaged groups among Muslims and give them reservations. That way Reddy may avoid the legal wrangles that threaten to block his decision in the coming weeks.

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