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Sachar Committee Report Presentation - 17 Nov 2006

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Sachar Committee Report Presentation - 17 Nov 2006. Zakat Foundation of India www.zakatindia.org. Justice Ranganath Misra Chairman, National Commission for Religious & Linguistic Minorities . Zakat Foundation of India www.zakatindia.org.

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Sachar Committee Report Presentation - 17 Nov 2006

Zakat Foundation of India www.zakatindia.org

slide2
Justice
  • Ranganath Misra
  • Chairman,
  • National Commission for
  • Religious & Linguistic
  • Minorities

Zakat Foundation of India www.zakatindia.org

slide3

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

introduced by the executive through the back door violates art 14 15 2 16 2 25 and 29 2
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 www.zakatindia.org

it is written outside the constitution introduced by the executive through the back door
It is written Outside the Constitution introduced by the Executive through the back door

Zakat Foundation of India www.zakatindia.org

it is an anathema which disfigured the beauty of the written constitution
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 www.zakatindia.org

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

Zakat Foundation of India www.zakatindia.org

caste continues even after conversion supreme court
Caste continuesEven after ConversionSupreme Court

Soosai Vs Union of India

1985 SCC (Suppl) 590

Zakat Foundation of India www.zakatindia.org

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Concept of the CasteIs not confined to Hindu Religion only.It extendsIrrespective of theReligious Sanction

Supreme Court

Indra Sawhney Case

Zakat Foundation of India www.zakatindia.org

it is hostile discrimination against muslims
It isHostile Discriminationagainst Muslims

Justice Mishra Report

Page 142

Zakat Foundation of India www.zakatindia.org

sikhism and budhism do not have caste system yet they re included in scheduled castes
Sikhism and Budhism do not have caste system,yet they\'re included in Scheduled Castes

Zakat Foundation of India www.zakatindia.org

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Article 46Directive Principles of State PolicyPromote with special care the educational and economic interests of the weaker sections of the people.

Zakat Foundation of India www.zakatindia.org

national educational policy of 1986 muslims and neo budhists are educationally most backward
National Educational Policy of 1986 Muslims and Neo Budhists are educationally most backward

Zakat Foundation of India www.zakatindia.org

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For the Minority Communities Reserve15 % of all the posts in the central and state governments (10% for Muslims* + 5% for other minorities)

* Muslims comprise 71% among all Minorities

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

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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)

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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.

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Para 3 of the Constitution (Scheduled Castes) Order 1950which 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 deletedby appropriate action so as to completely Delink the Scheduled Caste status from religionand make the Scheduled Caste net fully religion-neutral like the Scheduled Tribes.

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By the force of judicial decisionsin the interest of national integration,The minority intake in minority educational institutionshas 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 thatAt least 15% seats in all non-minority educational institutionsshould be earmarked by law for the minorities.

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