Between identity and equity: An agenda for affirmative action for Muslims

Abstract

The Constitution recognises only three social categories for the purpose of reservation: Scheduled Castes (SCs), Scheduled Tribes (STs) and Socially and Educationally Backward Classes (SEBCs) or Other Backward Classes (OBCs). In operational terms, it is only in the category of OBC that Muslims can avail the benefi t of reservations. The Constitution (Scheduled Caste) Order, 1950 restricts the benefi ts accruing to the SC status only to the ‘untouchables’ from the so-called ‘Indic’ religions (see Fazal 2006). ST status, though theoretically open, does not hold much meaning given the miniscule percentage (0.03 per cent, Census of 1991) of those characterised as STs among Muslims. The Constitutional reference to the term ‘backward classes’ fi nds place in articles 15(4) and 16(4) wherein the state is empowered to make special provisions for SEBCs. However, the defi nition and identifi cation of the term has defi ed fi xity, giving rise to variegated legal and constitutional ambiguities.