Against reservation based on religious and liguistic minorities
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Respected Sir,
The Commission under your Chairmanship is presently investigating the feasibility of providing employment to minorities based on their religion and language. Apart from that, it has also come to our knowledge that the Commission is also looking into the case of the Scheduled Castes and Socio-economic backward classes from among Hindus, the class considered to be untouchables but are converted to Islam/ Christianity. We would like to draw your kind attention to a few following points, which need to be considered seriously.
1. The Founding father of our Constitution had considered all the above issues in entirety at that very stage of its formulation and had in their well thought-out opinion decided not to give reservation in any aspect to the minorities, ie to Muslims and Christians. The provision of reservation was made applicable only to SC/STs who generally belong to Hindu faith and beliefs. It needs to be continued even now.
2. The National Commission for SC/STs has also seriously considered this issue and has prevailed upon the Central Government not to extend the said provision to the converted Muslims and Christians.
3. In case the provision is extended to the converts, they will be doubly benefited (as SC/STs and also as Minorities), which doubtlessly is unconstitutional.
4. In our Constitution, reservation in employment and seats in Loka Sabha and Vidhana Sabha is provided only to SC/STs from among Hindus, since only in latter the social discrimination and untouchability is in vogue, whereas it is claimed that in Islam and Christianity it was - in fact even now is - not practiced. In the light of this claim, to no person belonging to either Islam or Christianity should reservation be provided.
5. It is also claimed that in Islam and Christianity, the converts to respective faiths are subjected neither to social discrimination nor to untouchability. As such the converts are also not entitled for reservation. In case it is extended to them, that will induce for furtherance of conversion which is detrimental to the nation. Above all, it will cut into the quota of those who are genuinely entitled for it.
Keeping in view this very intent of our Constitution, we the undersigned earnestly request you not to extend the provision of reservation to converts to either Islam or Christianity and accordingly submit report to the Government.
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Sri Justice Ranganath Mishra, President, National Commission for Religious and Linguistic Minorities
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