Include Dalit Muslims in Scheduled Caste Quota Category, Justice Balakrishnan Panel Urged

By Alok Mohit

Patna: A Backward Muslim Front delegation, led by its national president Kamal Ashraf Rayeen met Justice Balakrishnan Commission panel here and submitted a memorandum demanding inclusion of “Dalit Muslims” in the Scheduled Caste reservation category by removing religious restrictions under Article 341 of the Constitution. The memorandum was presented with comprehensive documents.

The Justice Balakrishnan Commission was formed in October 2022 by the Union government to examine whether Dalit converts to religions other than Sikhism or Buddhism should be granted Scheduled Caste (SC) status. The commission, headed by former Chief Justice of India (CJI) KG Balakrishnan, has been given two years to complete its task.

In a press release issued on Friday, Rayeen said the commission, established by the Narendra Modi government at the Centre, had been mandated to identify and assess the conditions of Dalit Muslims, including their educational, economic, and social status. “After completing its national-level investigation, the commission is expected to submit its report to the Union government by the end of 2024,” he added.

Rayeen said the Backward Muslim Front had been advocating for this cause since 1994. “The front was the first to bring this issue at the national level, emphasising that the religious restriction imposed by a Presidential order in 1950 under Article 341 violated Articles 14, 15, 16, 17, and 25 of the Constitution. The social, educational, and occupational conditions of various Dalit Muslim communities across India, including Banjaras, Dhobis, Nat, Halalkhors, were similar to, if not worse than, their Dalit Hindu counterparts. These communities constitute approximately 80% of the population. Even Prime Minister Narendra Modi has acknowledged the plight of these communities during a programme in South India,” he said.

The Backward Muslim Front chief also recounted the history of this movement, noting that the issue was first raised in Parliament by then Union welfare minister Ramu Walia in 1996. “Subsequently, resolutions were passed in the Bihar Legislative Council in 1999. The matter generated significant support from various political leaders, including Ram Vilas Paswan, Ram Jethmalani and Raghunath Prasad Singh. The Sachchar and Ranganath Mishra Commissions, formed later, also recommended the inclusion of Dalit Muslims and Christians under the Scheduled Caste category and the revocation of the 1950 Presidential order, he added.

Rayeen said the Backward Muslim Front had been fighting this battle for 30 years, both on the streets and in the courts. He expressed hope that the Balakrishnan Commission would make a positive recommendation to the Union government and Prime Minister Modi would find a solution ensuring justice for Dalit Muslims without compromising the rights of the majority Dalits, similar to how the 10% reservation for economically weaker sections was introduced without altering the existing 49.5% reservation.