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PIL for reservation to Muslim SC, ST rejected by High Court

Allahabad: Assocaiton for Protection of Civil Rights in a PIL filed in Allahabad High Court had stated that under section 3 of Presidency Rules (Presidential Order), 1950 reservation and its benefits have been given to Dalit Hindus, Sikhs, Baudhs, Jains and those belonging to SC and ST categories but Muslims (and also Christians) leading their lives like them i.e. in poverty and deprivation are denied reservation and its benefits. The Association requested in its petition that Dalit i.e. and backward Muslims like their counter parts in Hinduism, Sikhism etc should be included in this category and reservation and its benefits should be given to them (and Christians) also. The petitioner had stated in the PIL that discrimination on religious grounds is prohibited in the Constitution. While demanding abolition of Art 341 (3) (of the Constitution) it had stated that giving reservation to Dalit i.e. poor and backward Hindus, Sikhs etc but denying the same to poor and backward Muslims is against sections 14, 16, 19 and 21 of the Constitution. Hence the petitioner had demanded that either reservation and its benefits should be given to poor and backward Muslims also like their counterparts in other religions mentioned above or the same should be denied to them also. In response to this PIL by the Association, Allahabad High court’s Bench of Acting Chief Justice V. K. Shukl and Justice M. C. Tripathi while, refusing to intervene in this, dismissed the petition, considering it ‘weak’.

This article appeared in The Milli Gazette print issue of 16-31 August 2016 on page no. 14

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