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Sachar Committee Report Presentation - 17 Nov 2006 Zakat Foundation of India

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Presentation on theme: "Sachar Committee Report Presentation - 17 Nov 2006 Zakat Foundation of India"— Presentation transcript:

1 Sachar Committee Report Presentation - 17 Nov 2006 Zakat Foundation of India

2 Justice Ranganath Misra Chairman, National Commission for Religious & Linguistic Minorities Zakat Foundation of India

3 Para 3 of the Constitution (Scheduled Castes) Order, 1950 is a BLACK LAW written outside the Constitution

4 introduced by the Executive through the back door. Violates art 14, 15(2), 16(2), 25 and 29(2). Justice Ranganath Mishra Zakat Foundation of India

5 It is written Outside the Constitution introduced by the Executive through the back door Zakat Foundation of India

6 It is An anathema which disfigured the beauty of the written Constitution Maharaja Dhi Raja Jiwaji Raja Sindhia Bahadur Madhav Rao Vs Union of India 1971 SC 530. Zakat Foundation of India

7 President has no power to encourage or prohibit the profession of any religion. This runs against the Preamble. Zakat Foundation of India

8 Caste continues Even after Conversion Supreme Court Soosai Vs Union of India 1985 SCC (Suppl) 590 Zakat Foundation of India

9 Concept of the Caste Is not confined to Hindu Religion only. It extends Irrespective of the Religious Sanction Supreme Court Indra Sawhney Case Zakat Foundation of India

10 It is Hostile Discrimination against Muslims Justice Mishra Report Page 142 Zakat Foundation of India

11 Sikhism and Budhism do not have caste system, yet they're included in Scheduled Castes Zakat Foundation of India

12 Article 46 Directive Principles of State Policy Promote with special care the educational and economic interests of the weaker sections of the people. Zakat Foundation of India

13 National Educational Policy of 1986 Muslims and Neo Budhists are educationally most backward Zakat Foundation of India

14 For the Minority Communities Reserve 15 % of all the posts in the central and state governments (10% for Muslims* + 5% for other minorities) * Muslims comprise 71% among all Minorities

15 Mishra Commission Report Para 16.2.17, page 153 We are convinced that the action recommended by us above will have full sanction of Article 16(4)

16 Yet, should there be any insurmountable difficulty in implementing this recommendation, as an alternative, we recommend as follows: According to Mandal Commission Report, the minorities constitute 8.4% of total OBCs. Hence, in the 27% OBC quota the corresponding percentage should be reserved for Minorities. (with an internal break-up for Muslims)

17 Among the Muslims of India the concepts of Zat (caste) and Arzal (lower caste) are very much in practice. Even the Muslim law of marriage recognizes the Doctrine of Kufw - parity in marriage between the parties in all vital aspects including the social status and descent - which in this country means nothing but caste.

18 Para 3 of the Constitution (Scheduled Castes) Order 1950 which originally restricted the Scheduled Caste net to Hindus and later opened it to Sikhs and Budhists, thus still excluding from it's purview the Muslims, Christians, Jains, Parsis etc - should be wholly deleted by appropriate action so as to completely Delink the Scheduled Caste status from religion and make the Scheduled Caste net fully religion-neutral like the Scheduled Tribes.

19 By the force of judicial decisions in the interest of national integration, The minority intake in minority educational institutions has been restricted to about 50%. Thus virtually earmarking the remaining 50% or so for the majority community. By the same analogy and with the same purpose, we strongly recommend that At least 15% seats in all non-minority educational institutions should be earmarked by law for the minorities.

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