To protect its fledgling alliance, Bahujan Samaj Party and Samajwadi Party are maintaining stoic silence over the issue of reservation for Dalits and Other Backward C0astes (OBCs) in minority institutions like Aligarh Muslim University, Jamia Milia Islamia University (JMI) and lynching of cattle trader Qasim in Hapur for allegedly carrying cow meat on June 20. Yogi Adityanath appeared to have kicked off an interesting cat-and-mouse game in the politically crucial state of Uttar Pradesh ahead of 2019 lok Sabha elections by raking up the issue of reservation for Dalits and OBCs in AMU and JMI University, Delhi. Yogi raked up the issue to counter the opposition’s narrative that the BJP was an ‘anti-Dalit’ party.
At an event in Kannauj on June 24, Yogi demanded reservation benefits for Dalit and OBC students in institutions like AMU or JMI. He said that if Dalit and OBC students got the facility in BHU, then why could they not get the same at AMU or Jamia.
Reacting to the development, SP spokesman Rajendra Chaudhary ciountered, “The BJP is deliberately trying to sow seeds of confusion among SC and OBCs by raising such issues. They have no agenda for the two communities. Its unnerved by the SP-BSP alliance, which would not be impacted by such gimmicks.’’ Chaudhary further said, “It’s not the leaders of the SP and BSP, in fact, the people supporting the parties have entered into an alliance for the 2019 lok Sabha elections.’’
A retired judge associated with the BSP said, “The series of defeat in three lok Sabha and one Assembly bypoll has forced Yogi Adityanath to make efforts for breaking the Dalit-Muslim unity. Hence, he is raising the issue of reservation for SC, OBCs in AMU and other minority institutions.’’ The BSP leader said that inspite of promises by Union minister Ram Vilas Paswan, neither the BJP government brought an ordinance to undo the controversial judgment of Supreme Court on atrocities against SCs/STs of March 20, nor did they showed an inclination of overturning the regressive judgment of Allahabad High Court in Vivek Tiwari case on reservations in universities. Dalit atrocities in BJP-ruled states are widespread and therefore it is difficult to accept that Yogi made this statement out of real concern for Dalits.’’ Another BSP leader said that as per reservation policy of the government, there must be 15 per cent reservations for SCs and 7.5 per cent for STs in government varsities. “But today, only seven of 100 teachers in colleges and varsities are from underprivileged sections. Only 17.22 per cent of the 14 lakh teachers were Dalits in 2016,” he pointed out. “If Yogi is realy serious towards the Dalit cause, he must order the filling of all vacant reserved positions in universities under administrative control of his government. The AMU and JMI being central institutions are concerns of the Union government,’’ he said. Constitutional experts point out that reservation for SC, OBCs cannot be implemented at AMU and JMI, as they have protection from the Constitution. Article 15(5) of Constitution says that minority institutions under Article 30 shall be exempt from Constitutional reservation. This amendment was inserted in 2005 by the 93rd constitutional amendment. The constitutional validity of the amendment was upheld by a five-judge bench of Supreme Court in 2008. The court said that the exemption of minority educational institutions from the ambit of reservations was constitutionally valid as such institutions are a class by themselves and cater to special needs of minorities. Their exemption is thus not violative of the right to equality.