Asad Ashraf,
Rest in peace is that one can wish for the great founders of Aligarh Muslim University and Jamia Millia Islamia amid the ongoing tussle on its minority character. But this is not the first time they would be lying in anxiety in their graves. The minority character of the University has become a matter of polemics and politics in the past several decades, the institutions that were formed to bring Muslims towards modern education has lately evolved as cultural symbol and tool in the hands of Indian political parties.
Once again, the BJP ruled government has sparked off a controversy by stating that the minority character of the AMU and Jamia cannot be retained, citing the Azeez Basha vs Union of India case, to which AMU was not a party. The apex court had held that AMU is not a minority institution since it was formed by the British legislatures and not the Muslims. On the other hand, there are reports that the government is planning to withdraw the Minority character of Jamia Millia Islamia as well, since it was incorporated by an Act of Parliament in 1988. And hence it does not qualify for the Minority character.
However, the facts state that the British legislature did lay the foundation of the Aligarh Muslim University but it was only after all the assets of Mohammadan Anglo Oriental College, worth Rs 30 lakh was transferred to the then British government. And the primary objective of the Oriental College was to impart modern education among the Muslims of the country. So, it was merely a transformation of an institution to a University, which retained its original character of a Muslim institution. Further, the constitution of India under Article 30 (1) gives minorities the right to form their own institution for their upliftment and progress. In 1981, the parliament passed an AMU Amendment Act that accepted that the University was set up by Muslims.
But as the admission policy was challenged by some groups, in 2005, the Allahabad High court ruled in 2005 that AMU was not a minority university and the 1981 act was an ultra virus of the constitution. However, Supreme Court stayed the decision of Allahabad High court and University remained a minority university effectively, without any reservation for Muslims. However, it provided reservation to internal students irrespective of caste and creed.
The turmoil took another shape expectedly again when the Government reversed from its earlier position on January 11 2016 and said that the University is not a minority institution since it was formed by an act of parliament. This stand of the government appears absurd in the light of factual legalities mentioned above and also by the assumption that an act of parliament must prevail over judicial pronouncement as it did in the case of Shah Bano. Therefore, the 1981, AMU Act must be held.
Jamia’s minority status is being debated on moreover similar lines as those against it claim that that the University was declared a Central University by an act of parliament in 1988, that disqualifies it from being a minority institution. But contrary to this the NCMEI (National Commission for Minority Educational Institution ) gave it the status of a minority university in 2011 on grounds that the University was founded by the Muslims for the benefit of the community and that again qualifies under article 30(1) of the Indian constitution. This has empowered Jamia to give 50 percent reservation to Muslim students’.
Amid these hullabaloo what should concern us is the impact its going to have on the Socio-Economic conditions of the minority, especially the Muslims of the country? The question to be asked is why Jamia and AMU are singled out every time ahead of elections when there are other minority institutions in the country as well ? Are the priorities of the government focused on garnering its vote banks instead of providing quality education to students studying here? Apparently, Jamia was declared a minority University during the erstwhile UPA government ahead of election in Uttar Pradesh and now the decision to reverse it comes under the NDA government before elections in different states. Are both the main political parties trying to gain electoral dividends by playing their cards at appropriate time undermining the future of many students enrolled in these universities?
However, the bigger question that haunts us is that if reservation for Muslims in merely these two Universities is enough for the empowerment of the community. The answer to this can be found in the findings of Justice Sachar report, which states that Muslims need a bigger push than this if they have to be brought at par both socially and economically with other communities.
It’s high time that we think about providing reservation to Muslims as provided to other backward communities. And we move beyond petty politics hovering around the historical institutions of the country.
The future of our democracy rests upon the way it treats its citizen. Justice Sachar rightfully says, ‘In any country the faith and the confidence of the minorities in the impartial and even functioning of the state is the acid test of being a civilized state’.
It’s up to us as a nation, having a mosaic culture, to decide if we want to tread on the path of a civilized nation, where every last man has the right to a life with dignity and honour. This cannot be achieved unless education is catered to the Muslim minority, which already lags behind in all spheres of life. In these circumstances any mature democracy cannot afford to play politics over great institution that has a glorious historical past.
—
Asad Ashraf
The writer is a journalist based in New Delhi, and can be contacted at [email protected] .
—
Disclaimer: The opinions expressed within this article are the personal opinions of the author. IndiaTomorrow.net is not responsible for the accuracy, completeness, suitability, or validity of any information on this article. All information is provided on an as-is basis. The information, facts or opinions appearing in the article may not reflect the views of IndiaTomorrow.net and IndiaTomorrow.net does not assume any responsibility or liability for the same.
