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The Supreme Court has issued notice to the Centre seeking its reply to a Public Interest Litigation filed by Akhil Maharashtra Muslim Khatik Samaj. The Samaj had pleaded that that there were Dalits within Muslim community who needed inclusion in the SC list. Referring the strict dictates of Quran prohibiting practice of any forms of caste system, the Hon’ble Chief Justice of India was surprised to note that there is caste system among Muslims. (‘Notice to Centre on plea for quota for Dalit Muslims, The Hindu, Jan 27, 2008)
This observation of the apex court has initiated a debate on whether there is caste system in Islam or among Muslims?
Social scientists agree that there is no casteism in Islam. The Holy Qur’an and the Prophet’s sayings are crystal clear that all human beings are equal. However, the Indian Muslim society has developed a hierarchical structure by characterizing numerous biraderis (sub-groups). Some Muslims claim superior status as ashraf or noble, while descendants of lower castes are commonly referred as ajlaf or ‘lowly’. Some Islamic jurists too, in the name of kufu i.e. parity in marriage, legitimize caste system.
The Sachar Committee Report, observes: “The present day Muslim society is divided into four major groups (i) the ashrafs, who trace their origins to foreign lands, (ii) the upper caste Hindus who converted to Islam, (iii) the middle caste converts whose occupations are ritually clean, (iv) the converts from the erstwhile untouchable castes – bhangi (scavengers), mehtar (sweeper), chamar (tanner), halalkhor (Dom) and so on”. (Page 192)
On the level of backwardness, the Committee finds that out of every 100 workers about 11 are Hindu OBCs, three are Muslim-General and only one is Muslim OBC (Page 209), whereas the population of OBC Muslims is as much as 75 per cent of the total Muslims’ population.
Similarly, the Justice Ranganath Misra Commission concludes, “Caste is in fact a social phenomenon shared by almost all Indian communities irrespective of their religious persuasions”. (Para 16.3)
Historically, a good number of Dalits converted to Islam. But after conversion their socio-economic status remained impoverished. They did not get such a boost to their abilities that they could face equal competition with others. They were still treated as untouchables in the society. Most of them continued with their traditional professions as artisans, peasants and labourers. According to Kumar Suresh Singh Report on SCs, there are some 35 Muslim castes that have SC background and are engaged in occupations traditionally associated with SCs.
However Syed Shah-abuddin, Ex-MP, demands reservation for the Muslims as a whole. He argues, “If caste can be interpreted as class, why not religion; that all Muslims are, socially and educationally, marginalized and deprived”. Taking a different view, Prof. Imtiaz Ahmed of JNU says, “‘en bloc reservation of Muslims is not a viable idea. Inclusion of Muslim Dalits as OBCs and MBCs makes the immense sense”.
Interestingly, in the famous Indra Sawhney case the Supreme Court had decided that ‘a caste can be and quite often is a social class in India’. Further, it conceptualizes: ‘If it is backward socially, it would be a backward class for the purpose of Article 16(4). Among non-Hindus, there are several occupational groups, sects and denominations, which for historical reasons are socially backward. They too represent backward social collectives for the purpose of Article 16(4)’. (AIR 582 SC 1993).
Likewise, the Justice Ranganath Misra Commission Report recommends ‘the caste system should be recognized as a general social characteristic of the Indian society, without questioning whether the philosophy and teachings of any particular religion recognize it or not”. It further recommends that ‘Para 3 of the Constitution (Scheduled Castes) Order 1950 should be wholly deleted by appropriate action so as to completely de-link the Scheduled Caste status from religion’. The Sachar Committee Report too opines: “Being at the bottom of the social hierarchy, the arzals [SCs] are the worst off and need to be handled separately. It would be most appropriate if they were absorbed in the SC list or at least in a separate category”. (Page 214)
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