With demands and request from various Dalit quarters this petition shall be serving as
To: Union Government of India/National SC-ST Commission/State Governments.
MUSLIM KHATIK BAKAR KASAB SAMAJ
(Reg. no: MH/1160/04/THANE – DATE – 07/12/2004) 17,DAR-UL-AMAN ,VEENA NAGAR,AT-KHOPOLI. DIST.RAIGAD.410203.(M.S.)
Smt. Pratibha Patil
The President of India
New Delhi – 110 004, India
National Commission for SC&ST,
5TH floor, Lok Nayak Bahavan,
New Delhi – 110011, India.
Dr. Manmohan Singh
Prime Minster of India
Prime Minster’s Office, South Block
Raisina Hill, New Delhi 110 011, India.
The Honorable Minister,
Social Justice & Empowerment,
Room no. 250, “A” wing.
Shashtri Bahavan, New Delhi. India
Parliament Committee for Welfare of SC & ST
137, parliament House, New Delhi – 110001
Justice A.S. Anand
Chairperson, National Human Rights Commission
Sardar Patel Bhavan
Parliament Street, New Delhi 110001, India.
Min. Of Minorities affair,
Dear Sir or Madam
Subject:- Recommendation to extend S.C. status to Muslim Groups such as
“MUSLIM KHATIK” and to stop religious discrimination
Being a secular country our constitution doesn’t permits discrimination among citizens on the ground of their religion, birthplace, caste, sex or race. But, since 1950 one crucial order, named as “The Presidents 1950 Constitutional (Scheduled Caste)” order has kept Muslim’s and Christian’s from S.C. status and denying them any benefits of reservations by saying that there isn’t any caste system in any other faiths except Hinduism. Then why this order was amended twice to extend the S.C. status to Sikhs and Buddhists, though there isn’t any Caste system in Sikhs and Buddhists. Dalits belong to the ancient indigenous people of the land, yet they have to struggle for their basic right to live as human beings. Their life style is not different from other dalits and yet they are not qualified for the govt. affirmative benefits. A dalit remains dalit from birth to death. It is a community that bears a mark of deep wound that was caused by accumulated injustice and discrimination. They need healing and peace. Dividing the dalits on the basis of religion and deprive them of their due rights is totally unacceptable in a civilized society and in a secular country.
Sir, since 1955 so many commissions such as Kaka Kalelkar, Mandal, State level committees, Sachar commission and now Justice Ranganath Mishra commission recommend to extend S.C. status irrespective of religion.
The Sachar commission has suggested that it will be “Most appropriate” to absorb the lowest category “Arzal” Muslims suffering maximum social deprivations, among the scheduled castes by amending the only 1950 Presidential order. So it is not a question of Article 341. There is no need to amend the constitution if you withdraw the Presidential order of 1950 all dalits of all the religions will come under one umbrella.
The Sachar commission on Page no. 193, Para. 3, also mentioned some Muslim castes such as Butchers (Khatik), Halalkhors (Bhangis/Mehtar) having unclean occupations and hence they were untouchables. They were converted to Islam, but the their occupation or caste nor any change in their social or economical status. Social analyst also argue that change of religion does not guarantee any change in social status and dalits continue to be socially backward even after becoming Muslim/ Christian. This fact is also satisfied by the Supreme Court judgement vide.no.S.C. AIR 1992 in which 8 judges out of 9 said that “ change in religion does not changes caste”. But Presidential Order (1950) restricts S.C. status to them and their Hindu equivalents are enjoying S.C. status, which is purely discriminatory.
The 1950 Presidential order (Scheduled Caste) was amended twice, once in 1956 to include Sikhs and in 1990 for Buddhists in S.C. status. Thus practically only Muslims and Christians were kept away from S.C. status. Previously same discrimination was for S.T. and OBC and other than Hindus nobody was eligible for ST status but as per Govt. Resolution No. CBC- 1058/E dtd 14th May, 1958, persons belonging the Scheduled Tribe after their conversion to Islam, Christianity or Other faiths, made eligible for the concession as member of scheduled tribes and same amendment has been done for OBC. All the religions are placed equally in all the reserved categories except S.C. And also the Indian Constitution has neigther said to give reservation on the basis of religion nor it has asked to stop the reservation on the basis of religion.
But the 1950 Presidential order for S.C. has stopped the reservation facilities to the Muslims and Christian on religious basis, violating the Fundamental Right to Freedom of Religion and is discriminatory, unconstitutional and hurts the constitutional base i.e. Secularism, hence it is unconstitutional. There are Muslims in “Scheduled tribes, OBC, NT, VJ” but why there are no Muslims in Scheduled Caste. They should be included in Scheduled caste. This is discrimination among people on the basis of Castes/ Religion in the country which has to be rectified.
If only the 1950 order amended or cancelled all Dalits of all the religion will come under one umbrella and will work unitedly and our country will make progress and develop further. Because the basic idea of reservation for weaker section and depressed classes among Indian citizen was to uplift these people Socially, Economically and Educationally and make place for them in the society and to increase the literacy ratio for sake of development of our country.
Sir, already so many State Govts. asked the Union Govt. to amend the Presidential order.
Recently the Justice Ranganath Mishra commission which was given the work to verify the validity of Para 3rd of the 1950 constitution (S.C.) order in which the S.C. status is given only to Hindu and Amended twice for Sikhs and Buddhists has submitted its report on 21/05/2007 and recommended the S.C. status to be given irrespective of religion.
Head of commission Justice Ranganath Mishra and comprising Tahir Mehmood, Mohinder Singh, Anil Wilson and Abdul Rashid has termed the exclusion of dalits from S.C. list after conversion out of Hinduism as “Violative of constitutional guarantee of non-discrimination on religion grounds”.
The 1950 Presidential order violates Article- 14 – Guarantees every citizen the right not to be denied, equality before law. Article-15 – Prohibits discrimination on grounds of religion,
race, caste sex or place of birth. Article- 16 – Equality of opportunity in the matters of public
Sir, as per exhibit – P.12, no. 12016/30/90 – SCD( R.Cell) of Govt. of India/ Bharat sarkar, Ministry of Welfare/ Kalyan Mantralayas ( Note for the cabinet) subject of recognition of scheduled caste converts to Christianity as Scheduled caste, Constitutions (S.C.) orders bill, 1996 on Point no. 19 (A) that “ Demand from other religion Group” states that similar demands from other religious communities will intensify. In fact representations have already been recieved by the Welfare Ministry for the inclusion of Muslim Khatik and Mehtars in the list of Scheduled castes. In the context of reported moves to recognize Scheduled caste, Christian converts as scheduled caste, Some Member of Parliament have also written letters and tabled Question in Parliament recently regarding a similar dispensation for Muslim of Scheduled castes origin, or to remove altogether the nexus between religion and membership of Scheduled caste in the existing Presidential order.
Some Recommendations and landmark judgements approves and supports our demand as follows:-
1) Supreme court AIR 1992: 8 out of 9 judges bench said that “Change of Religion does not change the caste”
2) The Govt. of India Act. 1935 in scheduled 1st on Sr no. 25 clarified the meaning of scheduled caste in which no religion comes meaning as “ The Scheduled castes” means such castes, races or tribes or parts of or groups within castes, races or tribes to his majesty in council to correspond to the classes of persons formerly known as “ Depressed Classes”.
3) The National commission for SC/STs in its report (vol. 1, June 14, 1983, Para 13) had strongly recommended that recognition of dalit converts as scheduled castes be accepted.
4) The parliamentary forum of SC/STs on June 17,1992 passed resolutions to extend reservation to all dalits a memorandum signed by about 200 MPs was given to the then Prime Minister Shri. P.V Narsimha Rao. Another Memorandum signed by 325 MPs was submitted to The Prime Minister in May 1995. In all at least 500 MPs have signed in one or other memorandum to the PM on this issue.
5) Various State Govts., Govt. of India, Social welfare exploration committees for extending SC reservations to all dalits irrespective of religion (Commissions Like Mandal Commission Backward Class commission of Andhra Pradesh, Kumara Pillai Commission report in Kerala, Satanathan Commission, Chidambaram commission report, Kaka Kalelkar Commission reports and union Minorities commission reports 1981-82, page 55 and so on.)
6) In 1902 the then Maharaja of Princely state of Kolhapur, Shri Shahu Maharaj, had given the facility of reservation of 50% to the depressed classes irrespective of religion.
7) The Supreme Court verdict on 4/9/2007 for 50% reservation ceiling and handicapped quota. The Bench comprising Justice S.B Sinha and Justice H.S Bedi mentioned that reservation might remain among the caste lines drawn by Mandal Commission.
Kindly recommend to extend SC status irrespective of the religion and to provide justice to all citizens of India equally.
SHAMSUDDIN. K .SHAIKH
HON, CHAIRMAN LEGAL CELL, MUSLIM KHATIK, KHANDESHI BAKAR KASAB SAMAJ, KALYAN, DIST THANE.
MANZOOR HAJI ABDUL GANI KHATIK
PRESIDENT, KALYAN MUSLIM KHATIK SAMAJ.
PRESIDENT, ALL MAHARASHTRA MUSLIM KHATIK SAMAJ.
PROF. ZAFAR SHAIKH
CHAIRMAN, EDUCATION FORUM, MAHARASHTRA KHATIK SAMAJ, JALGAON.
VICE PRESIDENT, KHATIK SAMAJ, MALEGAON.
SALAUDDIN AMEER KHATIK
SECRETARY, KALYAN MUSLIM KHATIK SAMAJ.
VICE PRESIDENT, BOMBAY MUTTON DEALORS ASSOCIATION.
MEHMOOD NAWAZ THANAWALA
MEMBER, BOMBAY KASAB JAMAAT.
MEMBER, KHATIK SAMAJ, MUMBAI.
IMTIYAZ ABDUL AZIZ MASOORKAR
MEMBER, KHATIK SAMAJ, MUMBAI
SK YUNUS SK ISMAIL KHATIK
SECRETARY, KHATIK SAMAJ, JALGAON
DR. SHABBIR SHAIKH
EX. COUNCILLOR AND VICE PREIDENT KHATIK SAMAJ, RAVER. DIST JALGAON(M.S)
JUNEDAKHTAR S. S.
PRESIDENT, STUDENTS CELL.
MEMBER, JATGAR SAMAJ.
QUREISHI QAYYUM HASAN
MEMBER, KHATIK SAMAJ.
HAJI ALLAH BAKASH
PRESIDENT, KHATIK SAMAJ, AHMEDNAGAR.
PRESIDENT, KHATIK SAMAJ, SATARA.
SK ANWAR HAJI ILLAHI KHATIK
MEMBER, LEGAL CELL, KHATIK SAMAJ, NASIK.
ABU BAKAR NANHE MIYA QUREISHI
MEMBER, LEGAL CELL, KHATIK SAMAJ, SRI RAMPUR.
AYYUB BHAI KAREEM SAHEB KAMBLE
MEMBER, KHATIK SAMAJ, PUNE.
SHAUKAT ALI HAJI BADSHAH
MEMBER, KHATIK SAMAJ, AHMEDNAGAR.
SHAKEEL AHMED KAMLI WALE
MEMBER, KHATIK SAMAJ, PANDHARPUR.
HAJI QAYYUM QUREISHI
PRESIDENT, KHATIK SAMAJ, NANDED.
Sing this petition here:
(This petition is created by and written by SHAIKH JUNED )